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СНАР. 2.

Burial and Registration Acts (Doubts Removal) Act, 1881.

ABSTRACT OF THE ENACTMENTS.

1. Explanation of 43 & 44 Vict. c. 41. s. 11.
2. Construction of 43 & 44 Vict. c. 41. s. 11.
3. Short title.

An Act to remove Doubts as to the operation and effect of so much of the Burial Laws Amendment Act, 1880, as relates to the Births and Deaths Registration Act, 1874.

(17th February 1881.)

WHEREAS doubts have arisen as to the operation and effect of the eleventh section of the Burial Laws Amendment Act, 1880, by reason of a clerical error in the first sentence thereof; and it is expedient that such doubts should be removed:

Be it declared and 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. Nothing in the eleventh section of the Burial Laws Amendment Act, 1880, shall have, or be deemed in law to have had, the effect of repealing, or in any manner altering, any of the provisions contained in the seventeenth section of the Births and Deaths Registration Act, 1874, in any case whatever, save and except only the case of a burial under the Burial Laws Amendment Act, 1880.

2. The words "in the case of a burial under that Act" in the first sentence of section eleven of the Burial Laws Amendment Act, 1880, shall be construed and read as if they had been "in the case of a burial under this Act."

3. This Act may be cited as the Burial and Registration Acts (Doubts Removal) Act, 1881.

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СНАР. 4.

Protection of Person and Property (Ireland).

ABSTRACT OF THE ENACTMENTS.

1. Power of Lord Lieutenant to arrest and detain. 2. Grant of out-door relief.

3. Supplemental provisions as to warrants, Sc. 3. Continuance of Act.

An Act for the better Protection of Person and Property in Ireland.

(2nd March 1881.)

BE 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:

1. (1.) Any person who is declared by warrant of the Lord Lieutenant to be reasonably suspected of having at any time since the thirtieth day of September one thousand eight hundred and eighty been guilty as principal or accessory of high treason, treason-felony, or treasonable practices, wherever committed, or of any crime punishable by law committed at any time since the thirtieth day of September one thousand eight hundred and eighty in a prescribed district, being an act of violence or intimidation, or the inciting to an act of violence or intimidation, and tending to interfere with or disturb the maintenance of law and order, may be arrested in any part of Ireland and legally detained during the continuance of this Act in such prison in Ireland as may from time to time be directed by the Lord Lieutenant, without bail or mainprize; and shall not be discharged or tried by any court without the direction of the Lord Lieutenant; and every such warrant shall, for the purposes of this Act, be conclusive evidence of all matters therein contained, and of the jurisdiction to issue and execute such warrant, and of the legality of the arrest and detention of the person mentioned in such warrant.

(2.) Every warrant whereby any person is declared to be reasonably suspected of any crime other than high treason, treason felony, or treasonable practices, shall state the character of such crime. A copy of the warrant of arrest shall be given to each person arrested under this Act on the occasion of his arrest.

(3.) Any person detained in pursuance of a warrant under this Act shall be treated as a person accused of crime and not as a convicted

prisoner, subject to the special rules for the time being in force with respect to prisoners awaiting trial: Provided that the Lord Lieutenant may from time to time, if he shall think fit, make regulations modifying such special rules so far as they relate to persons detained under this Act. Any regulations made by the Lord Lieutenant under this provision shall be laid before both Houses of Parliament within fourteen days after the making of the same, if Parliament be then sitting, and if not, then within fourteen days after the next meeting of Parliament, and when Parliament is not sitting such regulations shall within fourteen days be published in the Dublin Gazette.

(4.) A list of all persons for the time being detained in prison under this Act, with a statement opposite each person's name of the prison in which he is detained for the time being, and of the ground stated for his arrest in the warrant under which he is detained, shall be laid before each House of Parliament within the first seven days of every month during which Parliament is sitting, and when Parliament is not sitting such list shall be published in the Dublin Gazette within the first seven days of every month.

(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 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.

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(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 September one thousand eight hundred and eighty-two, and no longer.

CHAP. 5.

Peace Preservation (Ireland) Act, 1881.

ABSTRACT OF THE ENACTMENTS.

1. Prohibition on having or carrying arms in proclaimed district, and search.

2. Power as to proclamation in respect to arms and ammunition.

3. Power as to prohibiting or regulating sale or importation of arms and ammunition. 4. Supplemental provisions.

5. Penalties.

6. Definitions.

7. Short title.

8. Continuance of Act.

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 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:

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

Any person carrying or having, or reasonably suspected of carrying or having, any arms or ammunition in contravention of this Act may 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.

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, 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 valuc, 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 Lieu. tenant 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 licenses to have or carry arms, in any district, shall be bound to grant to any occupier of one or more agricultural holdings a license to have arms, or to have and carry arms upon any specified lands, or a license 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

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proper person to have such license 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 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 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.

includes

The expression "ammunition " bullets, gunpowder, nitro-glycerine, 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) Act, 1881.

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

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