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SUMMARY JURISDICTION (IRELAND) AMENDMENT ACT 1871
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CHAPTER LXXVI.
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An Act to amend the Law relating to the Recovery of Small Debts and to Summary Jurisdiction in Ireland. [14th August 1871.]
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[Preamble.]
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Short title.
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1. This Act may be cited for all purposes as “The Summary Jurisdiction (Ireland) Amendment Act, 1871.”
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Extent.
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2. This Act shall apply to Ireland only.
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[S. 3 rep. 46 & 47 Vict. c. 39. (S.L.R.)]
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Powers of divisional justices in Dublin.
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4. The several divisional justices of the police district of Dublin Metropolis shall be deemed to have and possess, and shall have and may exercise all and the same powers for preserving the public peace within the city of Dublin as are elsewhere vested in and may be exercised by justices of the peace within the limits of their respective jurisdictions, and shall, notwithstanding anything in any Act to the contrary, to all intents and purposes whatsoever be and be deemed and taken to be justices of the peace within every part of the said police district of Dublin Metropolis.
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Offences against public decency within police district of Dublin.
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5. Any person who within the limits of the police district of Dublin Metropolis, in any thoroughfare or public place, shall wilfully and indecently expose his person or commit any act contrary to public decency, shall be liable, on conviction before any justice or justices sitting in any court within the police district of Dublin Metropolis, to a fine not exceeding five pounds, or, at the discretion of such justice or justices, to be imprisoned for any period not exceeding two calendar months.
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Contempt of court within police district of Dublin.
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6. If any person shall wilfully insult any justice or justices sitting in any court within the police district of Dublin Metropolis, or shall commit any other contempt of such court, it shall be lawful for such justice or justices, by any verbal order, either to direct such person to be removed from such court, or to be taken into custody, and at any time before the rising of such court by warrant to commit such person to gaol for any period not exceeding seven days, or to fine such person in any sum not exceeding forty shillings.
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Proceedings in case defendant does not appear.
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7. Whenever at the hearing of any case of summary jurisdiction within the limits of the police district of Dublin Metropolis the defendant shall not appear, and the divisional justice or justices shall be satisfied that the summons was duly served, such justice or justices may either proceed ex parte to hear and determine the complaint, or issue a warrant to compel the appearance of the defendant, or may adjourn the hearing to a future day.
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Penalty for offensive or riotous conduct in public places, &c.
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8. Any person who within the limits of the police district of Dublin Metropolis shall in any theatre or other place of public amusement be guilty of offensive or riotous behaviour, to the disturbance or annoyance of any persons present, shall, on conviction before any divisional justice, be liable to a fine not exceeding forty shillings, or to be imprisoned for any period not exceeding one month; and any person committing any such offence within view of any constable of the said police district may be arrested by him without warrant.
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Summary procedure in certain cases of attempted suicide.
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9. Where any person is charged before a justices of the district$$$ with having in any manner attempted to commit suicide, if the person charged shall confess the same, it shall be lawful for the justice to convict the person charged, and commit him to the common gaol or house of correction, there to be imprisoned, with or without hard labour, for any period not exceeding three months: Provided always, that if the person charged do not consent to have the case heard and determined by such justices, or if such justice be of opinion that the charge is fit to be made the subject of prosecution by indictment, rather than to be disposed of summarily, he shall, instead of summarily adjudicating thereon, deal with the case in all respects as if this Act had not been passed.
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Provisions of 14 & 15 Vict. c. 92. to extend to towns in police district of Dublin.
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10. The provisions of the Summary Jurisdiction (Ireland) Act, 1851, relating to the recovery of the possession of small tenements, shall extend and apply to all such small tenements therein described as are situate in any town or township within the police districts of Dublin Metropolis, although no fair or market be held therein.
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Power to divisional justices to appoint a deputy.
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11. It shall be lawful for any divisional justice of the police district of Dublin Metropolis, with the approval of the Chief Secretary to appoint a deputy, who shall have practised as a barrister-at law for at least seven years, to act for him for any time or times not exceeding six weeks in any consecutive period of twelve calendar months; and in case of sickness or unavoidable absence it shall be lawful for such justice, with the approval of the Chief Secretary on each occasion of this power being exercised, to appoint a deputy, qualified as aforesaid, for any period not exceeding three calendar months at one time, and every such deputy during the time for which he shall be so appointed shall have all the powers and perform all the duties of the justice for whom he shall have been so appointed. There shall be paid to every such deputy by the justice, at his own charge, by whom he is appointed, such sum by way of remuneration for his services as the Chief Secretary shall direct.
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Right of appeal.
14 & 15 Vict. c. 93.
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12. Any person against whom a summary conviction or order shall be made under this Act shall have the same right of appeal as given by the twenty-fourth section of the Petty Sessions (Ireland) Act, 1851, but subject to the conditions therein contained.
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