missioners, directors, trustees, or by any other general designation FORMS OF PROCEDURE. whatsoever, as the property of such commissioners, directors, trustees, or persons described by such other general designation, without No objection naming them; and whenever it may be necessary to mention any of to be allowed such persons or parties in any suit, information, or complaint, it for any shall be sufficient to describe them in manner aforesaid. variance be tween infor place of com information for defect of 39. In cases of summary proceedings, no variance between the mation and information or complaint and the evidence adduced in support evidence as thereof, as to the time at which the offence or cause of complaint to time or shall be alleged to have been committed or to have arisen, shall be mitting deemed material, if it be proved that such information or complaint offence, if was in fact laid or made within the time limited by law for laying be in time or making the same; and any variance between such information or offence be or complaint and the evidence adduced in support thereof, as to the actually place in which the same shall be alleged to have been committed or committed to have arisen, shall not be deemed material, provided that the said within the jurisdiction. offence or cause be proved to have been committed or to have arisen within the jurisdiction of the Justice or Justices by whom No objection such information or complaint shall be heard and determined; and to be allowed no objection shall be taken or allowed in any proceedings to any substance or information, complaint, summons, warrant, or other form of pro- form in cedure under this Act, for any alleged defect therein in substance warrant, or or in form, or for any variance between any information, complaint, variance beor summons and the evidence adduced on the part of the com- tween it and plainant or prosecutor at the hearing of the case in summary pro- evidence, adceedings, or at the examination of the witnesses by a Justice or duced; but if the party Justices in proceedings for indictable offences: Provided always, charged is that if any such variance or defect shall appear to the Justice or deceived by Justices at the hearing to be such that the defendant has been such variation or defect, he thereby deceived or misled, it shall be lawful for such. Justice or Justices, upon such terms as he or they shall think fit, to adjourn mitted or the hearing of the case to some future day, and in the meantime, discharged in cases of proceedings for offences, to commit the said defendant upon recogto gaol, or to discharge him, upon his entering into a recognizance adjourned conditioned for his appearance at the time and place to which such hearing. hearing shall be so adjourned. for any may be com nizance till NEOUS PRO- 40. No receipt required to be given under the provisions of this MISCELLAAct shall be subject to any stamp duty payable to the Crown. 41. Nothing in this Act shall extend to the Police district of Dublin Metropolis, or alter or affect in any manner whatsoever any Receipts not of the provisions or enactments contained in any Act regulating to be subject to stamps. the powers and duties of Justices of the Peace, or of the Police of the district of Dublin metropolis, or be deemed applicable in any Act not to way to the same, save so far as relates to the backing or executing extend to of any warrants, or to alter the provisions of any Act or Acts Police diswhereby any part of any county is annexed for the purpose of Dublin criminal proceedings to any other county, or whereby any offences metropolis. committed in one county are authorized to be tried in any other county. trict of 42. Nothing in this Act shall extend or be construed to extend Act shall to any information or complaint or other proceeding under or by not extend to virtue of any of the Acts relating to Her Majesty's revenue of Revenue, &c., excise or customs, stamps, taxes, or post office, or relating to the preservation of game, except that all proceedings as to the same cases. may be in the forms of procedure required by this Act, or as near Section 43 repeals certain previous Statutes, &c. Title of Act to be "The Petty Sessions (Ireland) Act, 1851.” *This Act is applicable (by express provision) to the "Poaching Act," 25 & 26 Vic, c 114. In all proceedings instituted by the Constabulary for offences against the Illicit Distillation Act, 1 & 2 Wm iv., c. 55, the proceedings for recovery of penalties are to be under this Petty Sessions Act. See 20 & 21 Vic., c. 40, s. 6, and title "Excise." APPENDIX No. 3. SCHEDULE. [The words in the foot notes in italics, or words to the like effect are to be used according to the circumstances of each case.] In all forms of Procedure the name and description of each party is to be specified in like manner and with the same particulars as is required by this act (section 35) as to any party bound by a recognizance. FORMS (A.)-PROOFS. (A a.)-Information. Complainant. Petty Sessions District of, County of Defendant. S that (2) The Information of A.B., of M.N., who saith on his (1) Oath or Affirmation. State cause of complaint, with time and place. Adding :-For the arrest of a witness, And he further saith that X. Y. can give material evidence, but is not likely to attend voluntarily; or, (and is keeping out of the way of personal service of summons); or, for sureties for the peace, And he makes this information for the safety of his person and property, and not from malice or revenge against the said C.D. * The informant or witness may be bound to prosecute or give evidence by the following Form of Recognizance at the foot of his information or deposition: And the said informant (or deponent) binds himself to appear at, on the to prosecute (or to give evidence) against the said C.D. for the said offence, or otherwise to forfeit to the Crown the sum of (A b.) Deposition of a Witness. Complainant Petty Sessions District of , County of Defendant. S The deposition of X.Y., of M.N., taken in the presence and hearing of C.D., who stands charged that (') The said deponent saith on his (2) * (1) Cause of Complaint, with time and place. (2) Oath or Affirmation. that (3) (3) Deposition as nearly as possible in the words of the witness, and to be signed by him, if he will. (A c.)-Statement of the Accused. Complainant. Petty Sessions District of County of Defendant. A charge having been made against C.D. before the under signed Justice that (1) and the said charge having been read to the said C.D., and the witnesses for the prosecution having been severally examined in his presence, and the said C.D. having been first duly cautioned that he was not obliged to say anything, but that whatever he did say might be given in evidence against him upon his trial, saith as follows:-(2) day of จ in the year eighteen hundred and at -; in said County. Justice of said County. Taken before me this fifty Signed (1) Cause of complaint, with time and place. (2) Statement of prisoner in his very words, or as nearly so as possible, and to be signed by him, if he will. (A d.)-Solemn Declaration. Complainant. Petty Sessions District of, County of I, A.B., do solemnly and sincerely declare, that (1) and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act passed in the sixth year of the reign of His late Majesty King William the Fourth, chapter sixty-two, for the Abolition of unnecessary oaths. Signed in the year eighteen Signed Justice of said County. (1) Matter of declaration. *The informant or witness may be bound to prosecute or give evidence by the following form of recognizance at foot of his information or deposition:— And the said informant (or deponent) binds himself to attend at, on the to prosecute (or to give evidence) against the said C.D. for the said offence, or otherwise to forfeit to the Crown the sum of FORMS (B)-PROCESS TO ENFORCE APPEARANCE. (B a.)-Summons. Complainant. Petty Sessions Dictrict of County of (B b.)-Warrant to Arrest. Complainant. Petty Sessions District of Defendant. S that (1) and (2) County of -. Whereas a complaint has been made on oath and in writing (3) of This is to command you to whom this warrant is addressed to arrest the said and to bring him before me, or some other Justice of the County to answer to the said complaint. Justice of said County. This day of (1) Cause of complaint, with time and place. (2) If the case be so, add, for defendant- Whereas the said C.D. has neglected to appear in obedience to a summons. For witness-Whereas oath has been made that X.Y. can give material evidence but will not attend voluntarily; or, is purposely keeping out of the way of personal service of a summons. If after indictment-It has been certified to me that (state as in certificate of Clerk of Crown or Peace). (3) Person against whom warrant is issued. (1) ADDRESS.—" The Sub-Inspector of Constabulary," or name of person who is to execute the warrant. FORM (C.) RECOGNIZANCE (TO APPEAR, &c.) Complainant. Petty Sessions District of County of Whereas (1) The undersigned principal party to this recognizance hereby binds himself to perform the following obligation, viz., to (2) And the said principal party, together with the undersigned sureties, hereby severally acknowledge themselves bound to forfeit to the Crown the sums following, |