Dublin Police Act, 1839

DUBLIN POLICE ACT 1839

CHAPTER LXXVIII.

An Act to make further Provisions relating to the Police in the District of Dublin Metropolis.[1] [24th August 1839.]

[Preamble recites 7 Will. 4. & 1 Vict. c. 25.]

[Ss. 1 (authorising distress for arrears of policetax, by warrant under the hand of a justice appointed pursuant to 6 & 7 Will. 4. c. 29.), 2–10 rep. 37 & 38 Vict. c. 96. (S.L.R.) S. 11 rep. 38 & 39 Vict. c. 66. (S.L.R.) S. 12 rep. 16 & 17 Vict. c. 112. s. 1.]

Provisions as to actions brought against constables for acts done in obedience to warrants.

13. Provided always, that when any action shall be brought against any constable appointed under the herein-before recited Act of the sixth and seventh years of the reign of his late Majesty for any act done in obedience to a warrant addressed to him to be executed, such constable shall not be responsible for any irregularity in the issuing of such warrant, or for any want of jurisdiction in the party issuing the same; . . . and upon producing such warrant and proving that the signature thereto is the handwriting of the person whose name shall appear subscribed thereto, and that such person has acted in the capacity in virtue of which he may have signed the warrant, and that the act or acts complained of were done in obedience to such warrant, the jury who shall try the said issue shall find a verdict for such constable, and such constable shall recover his costs of suit.

Lord lieutenant may direct any certain parishes to be added to the district.

14. [Recital of 7 Will. 4 & 1 Vict. c. 25 s. 2.] It shall be lawful for the lord lieutenant from time to time, by the advice of the said privy council, to order that any parish or place or places in the county of Dublin or county of the city of Dublin, of which any part shall be on the south side of that portion of the river Anna Liffey which is eastward of her Majesty’s Castle of Dublin, or on the south side of the bay or harbour of Dublin, and shall be within eight miles of her Majesty’s said castle of Dublin, and within four miles of the said river or bay or harbour, shall, after a certain day to be named in such order, be added to and form part of the said metropolitan police district; and thereupon, and by force of such order, such parish or place or places shall be and become to all intents and purposes part of such police district as if the same had been originally included in such district by virtue of the said Act.

Destruction of mad dogs, &c.

15. It shall be lawful for any constable belonging to the metropolitan police force to destroy any dog or other animal reasonably suspected to be in a rabid state, or which has been bitten by any dog or animal reasonably suspected to be in a rabid state; and the owner of any such dog or animal, who shall permit the same to go at large after having information or reasonable ground for believing it to be in a rabid state, or to have been bitten by any dog or other animal in a rabid state, shall, on being convicted thereof by any justice of the peace forfeit and pay any sum not exceeding five pounds, with costs, if such justice shall award the same; and in default of payment of such penalty and costs, if awarded, immediately, or within such time as such justice shall appoint, such justice shall and may commit the person so convicted to the common gaol or house of correction, to be there imprisoned for any term not exceeding two calendar months, unless such penalty and such costs, if awarded, be sooner paid.

Justices may issue warrant for levy of penalty, &c.

16. In any case arising within the police district of Dublin metropolis it shall and may be lawful for any justice or justices of the peace to issue his or their warrant to any superintendent, inspector, or serjeant, being a constable of police for the said district, and his and their assistants, for the levy of any penalty or the committal of any person, in the form and manner directed by the Act under which the penalty has been or shall have been imposed.

[S. 17 rep. 38 & 39 Vict. c. 66. (S.L.R.) S. 18 rep. 37 & 38 Vict. c. 96 (S.L.R.) Sched. rep. 38 & 39 Vict. c. 66. (S.L.R.)]

[1 Short title, “The Dublin Police Act, 1839.” See 55 & 56 Vict.c. 10.]