Dublin Police Act, 1859

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DUBLIN POLICE ACT 1859

CHAPTER LII.

An Act to amend the Laws relating to the Police District of Dublin Metropolis.[¹] [13th August 1859.]

[Preamble recites 6 & 7 Will. 4. c. 29, as to appointment of two justices of the peace for the police district of Dublin Metropolis, and of a receiver; that by subsequent Acts the duties and powers of the said justices in those Acts denominated commissioners of police for the said district, had been extended or defined; and also recites 7 Will. 4 & 1 Vict. c. 25, and 3 & 4 Vict. c. 103 as to division of the Dublin Police District.]

Interpretation of terms.

1. In the interpretation of this Act the words “commissioners of police” and “receiver” shall mean respectively the justices and the receiver appointed under the first herein-before recited Act; “justices” shall mean “divisional justices,” or justices appointed to administer justice at the police office or police courts of the police district of Dublin Metropolis.

When the office of commissioner of police is vacant, Lord Lieutenant may appoint an assistant commissioner.

2. Whenever a vacancy shall occur in the office of commissioner of police, it shall be lawful for the Lord Lieutenant, if he shall so think fit, to appoint an assistant commissioner to act with the remaining commissioner, and from time to time to appoint successors to such commissioner and assistant commissioner; and such assistant commissioner shall take the oath required to be taken by the commissioners of police, and shall thereupon, with the remaining commissioner, who shall be styled henceforward “the chief commissioner,” possess and be subject to all the powers, duties, and provisions of or affecting the commissioners of police, but subject to the provisions herein-after contained.

[S. 3 rep. 37 & 38 Vict. c. 23. s. 7.]

One commissioner to act in certain cases.

4. Anything authorized to be done by the commissioners by any Act herein recited, or by any other Act, may be done by either of the commissioners now holding office, and, after the commissioners shall have become chief commissioner and assistant commissioner, as herein provided, may be done by the the chief commissioner alone or in his absence by the assistant commissioner alone; provided, that to establish the validity of any act or thing done by the assistant commissioner it shall not be necessary to prove the absence of the chief commissioner.

When offices of receiver, secretary, and supervisor are vacant, Lord Lieutenant may appoint one person to hold the said offices.

5. Whenever the offices of receiver, secretary to the commissioners of police, and supervisor of taxes, or any of them, shall be vacant, it shall be lawful for the Lord Lieutenant, with the consent of the Treasury, to appoint one and the same person to hold the said offices, or such of them as shall be vacant; and it shall be lawful for the Treasury to assign to the person to be appointed to the said offices an annual salary not exceeding five hundred pounds.

[S. 6 rep. 56 & 57 Vict. c. 14. (S.L.R.)]

When consolidation of offices shall include receiver, the officer to be styled the accountant, and property to be vested in him, &c.

7. Whenever the consolidation of the offices aforesaid shall include the office of receiver, the person to be appointed to the consolidated office shall be deemed and taken to be and shall be designated “the accountant” of the said commissioners of police; and all property belonging to, acquired, or purchased by the said receiver in his public capacity, and all monies standing in his name in the books of the Bank of Ireland, and all cash balances in hand, shall be vested in the said accountant; and all proceedings of what kind soever, which if this Act had not been passed should have been taken or done by or in the name of any of the holders of the offices so consolidated, shall thereafter be taken or done by or in the name of the said accountant, as fully and effectually, to all intents and purposes, as if the word “accountant” had been used in the Act of Parliament, lease, contract, licence, or other instrument which authorized the taking or doing thereof, instead of the words “receiver,” “secretary,” or “supervisor,” as the case may be; and such accountant shall give to the said commissioners of police security for the due and faithful application of all monies paid to him or lodged to his account under the provisions of the Acts relating to the Dublin police, in such manner and amount as shall be determined by the said commissioners, with the approval of the Treasury.

Lord Lieutenant may abolish divisions of police district, and appoint such number of courts and justices as he may think fit.

8. It shall be lawful for the Lord Lieutenant, if he shall so think fit, by and with the advice and consent of Her Majesty's Privy Council in Ireland, to abolish the divisions of the said police district, and from time to time to order that there shall be for the whole of the said district such number of public offices or police courts for the administration of justice, to be held at such place or places, as he shall by and with such advice and consent as aforesaid deem proper; and the Lord Lieutenant may, if he shall so think fit, reduce the number of justices for the said district.

[S. 9 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Lord Lieutenant may direct daily attendances at police courts, &c.

10. It shall be lawful for the Lord Lieutenant to direct the regular daily attendance at the police courts of the said justices or any of them, or of any of the other justices heretofore appointed or hereafter to be appointed, and to make from time to time such regulations in respect of the number of justices to attend each police court, and of the attendance thereat of any of such justices, and of the officers belonging to any of the police courts, as may be deemed expedient.

One justice may do any act directed to be done by more than one justice.

11. It shall be lawful for any one justice to sign and execute any warrant or other instrument, or to do alone at any of the said police courts, or at any place where for any special purpose he may by warrant under the hand of the said Chief or Under Secretary be directed to attend and to act singly, any act which by any law now in force, or by any law not containing an express enactment to the contrary hereafter to be made, is or shall be directed to be signed, executed, or done by more than one justice.

[S. 12 rep. 56 & 57 Vict. c. 14. (S.L.R.)]

Act not to lessen, &c. power of justices.

13. Nothing in this Act contained shall lessen, take away, or abridge any power, jurisdiction, or authority now possessed by the said justices of the said district.

Short title.

14. This Act may be cited for all purposes as “The Dublin Police Act, 1859”

[¹. Short title, “The Dublin Police Act, 1859.” See s. 14.]