Imatges de pàgina
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Grant of outdoor relief.

43 Vict. c. 4. 43 & 44 Vict.

c. 14.

Supplemental

warrants, &c.

(5.) On the expiration of a period of three months after the arrest of each person detained under this Act, and so from time to time on the expiration of each succeeding period of three months while such person is detained, the Lord Lieutenant shall consider the case of such person and decide thereon; and the decision of the Lord Lieutenant in that behalf shall be certified under his hand, or the hand of the Chief Secretary to the Lord Lieutenant, to each Clerk of the Crown, by whom a copy of the warrant under which such person shall be detained shall be filed in his public office, under this Act, and each such Clerk of the Crown shall record such decision by indorsement on the copy of the warrant so filed in his office.

(6.) No person discharged from detention under this Act shall be so discharged at a greater distance than five miles from the place whereat he was first arrested under this Act, unless he shall himself prefer to be discharged at a place nearer to the prison wherein he was last detained.

(7.) "Prescribed district" means any part of Ireland in that behalf specified by an order of the Lord Lieutenant for the time being in force, and the Lord Lieutenant, by and with the advice of the Privy Council in Ireland, may from time to time make, and when made, revoke and alter any such order.

2. The enactments contained in the third section of the Relief of Distress (Ireland) Act, 1880, as amended by the ninth section of the Relief of Distress (Ireland) Amendment Act, 1880, shall, so far as relates to the families of persons for the time being detained under this Act, continue in force during the continuance of this Act.

3. (1.) Any warrant or order of the Lord Lieutenant under this provisions as to Act may be signified under his hand or the hand of the Chief Secretary to the Lord Lieutenant, and a copy of every warrant under this Act shall, within seven days after the execution thereof, be transmitted to the clerk of the Crown for the county in which was the last known place of abode of the person arrested under such warrant, and be filed by the said clerk of the Crown in his public office in said county; and a further copy of every such warrant shall, within seven days after the execution thereof, be transmitted to the clerk of the Crown for the county of the city of Dublin, and be filed by him in his public office in that city; and each such clerk of the Crown shall furnish a copy of such warrant free of charge, certified under his hand to be a true copy, on demand, to any relative of the person arrested under such warrant or his solicitor.

(2.) The Lord Lieutenant, by and with the advice of the Privy Council in Ireland, may from time to time make, and when made revoke and alter, an order prescribing the forms of warrants for the purposes of this Act, and any forms so prescribed shall when used be valid in law.

(3.) If any member of either House of Parliament be arrested under this Act the fact shall be immediately communicated to the House of which he is a member, if Parliament be sitting at the time, or if Parliament be not sitting, then immediately after Parliament reassembles, in like manner as if he were arrested on a criminal charge.

(4.) Every order under this Act shall be published in the Dublin Gazette, and the production of a printed copy of the Dublin Gazette purporting to be printed and published by the Queen's authority, containing the publication of any order under this Act, shall be conclusive evidence of the contents of such order, and of the date thereof, and of the same having been duly made.

(5.) The expression "Lord Lieutenant" means the Lord Lieutenant of Ireland or other Chief Governor or Governors of Ireland

for the time being.

3. This Act shall continue in force until the thirtieth day of Continuance of September one thousand eight hundred and eighty-two, and no Act. longer.

CHAPTER 5.

An Act to amend the Law relating to the carrying and
Possession of Arms, and for the Preservation of the
public Peace in Ireland.
[21st March 1881.]

BE

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E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Prohibition on

1. In a proclaimed district a person shall not carry or have any arms or ammunition save as authorised by the conditions set forth having or in the proclamation herein-after mentioned.

carrying arms in proclaimed Any person carrying or having, or reasonably suspected of carry- district, and ing or having, any arms or ammunition in contravention of this Act search. be arrested without warrant by any constable or peace officer, and, as soon as reasonably can be, conveyed before some justice of the peace in order to his being dealt with according to law.

may

The Lord Lieutenant may by warrant direct any person named in such warrant to search in houses, buildings, and places situate in a proclaimed district and specified in the warrant, for any arms or ammunition suspected to be therein in contravention of this Act.

The person named in such warrant, with such constables and other persons as he calls to his assistance, may, within ten days next after the date of the warrant, at any time between sunrise and sunset, enter into any house, building, or place specified in such warrant and there execute the warrant; and in case admittance shall be refused to the persons aforesaid, or shall not be obtained by them within a reasonable time after it shall have been first demanded, they may enter by force in order to execute such warrant. The person named in such warrant shall, before executing the same, if so desired, produce the said warrant. Any arms or ammunition carried, had, or found under circumstances which contravene this Act shall be forfeited to Her Majesty.

Any arms or ammunition in the possession of persons not entitled to have the same which shall, within a period to be fixed by the proclamation herein-after mentioned, be given up voluntarily or taken under such circumstances as shall prove to the satisfaction of the Lord Lieutenant that they have not been wilfully kept back,

Power as to proclamation in respect to

arms and ammunition.

Power as to
prohibiting
or regulating
sale or importa-

tion of arms
and ammuni-
tion.

Supplemental provisions.

shall be deemed to be in the possession of Her Majesty, and provision shall be made in such proclamation for the deposit, registration, valuation, and care of the same; and such arms and ammunition shall be returned to the owners thereof whenever the proclamation relating thereto shall cease to be in force: Provided that at any time the Lord Lieutenant may, instead of keeping and returning the arms and ammunition aforesaid, if he think fit, pay to the owners of the same the value thereof as ascertained in the manner provided by the proclamation, or the owners thereof may demand payment of such value, and such payments may be made out of moneys to be provided by Parliament.

2. The Lord Lieutenant, by and with the advice of the Privy Council in Ireland, may from time to time by proclamation declare this Act to be in force within any specified part of Ireland, and this Act shall thereupon after the date specified in the proclamation be in force within such specified part, and any such specified part of Ireland is in this Act referred to as a "proclaimed district;" and any such proclamation may set forth the conditions and regulations under which the carrying or having of arms or ammunition is authorised, and make provision for the appointment of persons to give effect to the same and the manner of the promulgation thereof.

3. The Lord Lieutenant, by and with the advice of the Privy Council in Ireland, may from time to time make orders for prohibiting or regulating in Ireland the sale or importation of arms and ammunition, and for the appointment of persons for the purpose of giving effect to such orders and providing for the manner of the promulgation thereof.

If any person sell or import, or attempt to sell or import, any arms or ammunition in contravention of any such order, such arms and ammunition shall be liable to be forfeited to Her Majesty, and the person so acting wilfully shall be guilty of an offence against this Act.

4. (1.) The Lord Lieutenant, by and with the advice of the Privy Council, may, by a further proclamation or order, from time to time alter or revoke any proclamation or order made by him under this Act. A copy of every proclamation and order under this Act shall be laid before each House of Parliament within fourteen days after the making thereof, if Parliament is then sitting, and if not, then within fourteen days after the next meeting of Parliament.

(2.) The Lord Lieutenant may from time to time by order prescribe forms for the purposes of this Act, and any form so prescribed shall be valid in law.

(3.) Any warrant or order of the Lord Lieutenant under this Act may be signified under his hand or under the hand of the Chief Secretary to the Lord Lieutenant.

(4.) Any person who may be appointed under any proclamation issued pursuant to this Act to grant licences to have or carry arms, in any district, shall be bound to grant to any occupier of one or more agricultural holdings a licence to have arms, or to have and carry arms upon any specified lands, or a licence to have and carry arms generally, who shall produce to him a certificate signed by two justices of the peace for the county, residing within the same petty sessions district as the person producing such certificate, that he is,

to their own personal knowledge, a fit and proper person to have such licence respectively.

(5.) Every proclamation and order under this Act, and a notice of the promulgation thereof in the manner provided, shall be published in the Dublin Gazette, and the production of a printed copy of the Dublin Gazette purporting to be printed and published by the Queen's authority, and containing the publication of any proclamation, order, or notice under this Act, shall be conclusive evidence of the contents of such proclamation, order, or notice, and of the date thereof, and that the district specified in such proclamation is a proclaimed district within the meaning of this Act, and that the said proclamation or order has been duly promulgated.

5. Any person acting in contravention of this Act shall be liable Penalties. if convicted before a court of summary jurisdiction to be imprisoned for a term not exceeding three months, or, at the discretion of the court, to a penalty not exceeding twenty pounds; but, if, upon the hearing of the charge, the court shall be of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment, it shall have power to dismiss the person charged without proceeding to a conviction. For the purposes of this Act, the court of summary jurisdiction shall, in the police district of Dublin metropolis, be constituted of a divisional justice acting for the said district, and elsewhere in Ireland shall be constituted of two or more justices of the peace sitting in petty sessions, of whom one shall be a resident magistrate, or of one resident magistrate sitting alone in petty sessions.

6. In this Act the expression "Lord Lieutenant means the Definitions. Lord Lieutenant of Ireland or other Chief Governor or Governors of Ireland for the time being.

The expression" arms," includes any cannon, gun, revolver, pistol, and any description of firearms, also any sword, cutlass, pike, and bayonet, also any part of any arms as so defined.

The expression" ammunition "includes bullets, gunpowder, nitroglycerine, dynamite, gun-cotton, and every other explosive substance whether fitted for use with any arms or otherwise.

7. This Act may be cited as the Peace Preservation (Ireland) Short title. Act, 1881.

8. This Act shall continue in force until the first day of June Continuance of one thousand eight hundred and eighty-six.

Act.

CHAPTER 6.

An Act to provide for an Annual Return of Rates, Taxes,
Tolls, and Dues levied for local purposes in Scotland.
[29th March 1881.]

HEREAS rates, taxes, tolls, and dues to a large amount are levied for purposes of local government and improvements in Scotland, and it is proper that Parliament should be informed annually of all sums so levied, and the expenditure thereof:

And whereas by the authority of Parliament returns of such 23 & 24 Vict. receipts and expenditure are prepared annually for England and c. 51.

40 & 41 Vict. Ireland, but no provision has been made for the preparation of returns applicable to Scotland:

c. 66.

Short title, and application.

Clerks of local

annual returns

of local taxation.

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Local Taxation Returns (Scotland) Act, 1881, and shall apply to Scotland only.

2. The clerk (or if there be no clerk the treasurer or other officer bodies to make or person keeping the accounts of the receipts and expenditure) of any corporation, commission, board, trustees, or other body or persons authorised to levy or to order to be levied any compulsory rates, taxes, tolls, or dues in Scotland (other than such as are levied for the public revenue of the United Kingdom), shall once a year make a return of their receipts and expenditure of such rates, taxes, tolls, or dues to Her Majesty's Principal Secretary of State for the Home Department at such time and in such form as he may from time to time direct, and unless some other time be prescribed such returns shall be made in the month of July in each year for the annual period ending at Whitsunday immediately preceding, where the accounts are made up from Whitsunday to Whitsunday, if otherwise, then for the latest period of twelve months preceding the date of the return for which the accounts are in use to be made up. The first returns shall be made in July of the present year. The Secretary of State shall cause such returns to be abstracted, and the abstract thereof, with such further particulars as he may think proper, to be laid before Parliament.

Penalty.

Returns not to

those already

required.

3. Any clerk, treasurer, or other officer required as aforesaid to make a return under this Act who fails to make such return at the prescribed time, shall be liable to a penalty of twenty pounds, which may be recovered summarily by proceedings in the Sheriff Court or Court of Session at the instance of the Lord Advocate.

4. Where any annual return is now by law required to be be additional to made to the Secretary of State or to any public department, this Act shall not render necessary any other return. Provided that the Secretary of State may by his order published in the Edinburgh Gazette direct that all or any of such returns now required as aforesaid shall in future be made under this Act.

Saving for railway companies, &c.

28 & 29 Vict. c. 32.

5. This Act shall not extend to any tolls or dues taken by any railway, canal, or joint stock company as profits of their undertaking, or to any tolls or dues taken by prescription, or otherwise, as private property.

CHAPTER 7.

An Act to authorise the Secretary of State for India in Council to sell a piece of land in Charles Street, Westminster, to the Commissioners of Her Majesty's Works and Public Buildings for the Public Service.

[29th March 1881.] WHEREAS in pursuance of the India Office Site and Approaches

Act, 1865, the Secretary of State in Council of India purchased certain land, and such land is now vested in Her Majesty

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