ST DECEMBER 1927] 4P ART I - SECT 25 General provisions as to prosecutions and appeals.

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ST DECEMBER 1927] 4P ART I - SECT 25

General provisions as to prosecutions and appeals.

25.(1) All offences against this Act shall be prosecuted, and all fines
thereunder shall be recovered, in manner provided by the Summary Jurisdiction
(Ireland) Acts; and a person aggrieved by a conviction or order made by a
court of summary jurisdiction on determining any information or complaint
under this Act may appeal in manner provided by the said Summary Jurisdiction
Acts.

(2) A court of summary jurisdiction, when hearing and determining an
information or complaint in any matter arising under this Act, shall be
constituted of a resident magistrate appointed under the
Constabulary (Ireland) Act, 1836, sitting alone or with others, or of two or
more justices of the peace sitting in petty sessions at a place appointed for
holding petty sessions.

(3) In any proceedings under this Act

(a)it shall be sufficient to allege that the quarry is a quarry within the
meaning of this Act;

(b)it shall be sufficient to state the name of the ostensible owner or
occupier of the quarry, or the title of the firm or company;

(c)the court shall, if required by either party, cause minutes of the evidence
to be taken and preserved.

(4) ... in any case where, with respect to, or in consequence of, any accident
in a quarry, a report is made by [the inspector directed to make a special
report under this Act or the court appointed to hold a formal investigation]
under the Boiler Explosions Acts, 1882 and 1890, or a coroner's inquest is
held, and it appears from the report or from proceedings at the inquest that
any of the provisions of this Act, or any rules made thereunder, were not
complied with at or before the time of the accident, summary proceedings
against any person liable to be proceeded against in respect of such
non-compliance may be commenced at any time within three months after the
making of the report or the conclusion of the inquest.

[(5) Where an offence is committed against this Act by reason of a failure to
make an examination, send a notice or return or do any other thing at or
within a time specified by or under this Act, the offence shall be deemed to
continue until the examination is made or the notice or return is sent or the
other thing is done, as the case may be.]

S.26 rep. by 1959 c.17 (NI) s.23(1) sch.4

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Northern Irish Legislation

ST DECEMBER 1927] 4P ART I - SECT 25