SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 14 Children under thirteen years not to drive certain vehicles.

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SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 14

Children under thirteen years not to drive certain vehicles.

14. The mode of proceeding as to any of the said offences committed upon
public roads or streets shall be subject to the following special
provisions:1The county and sub-inspectors, head and other constables of the
constabulary force, shall take cognizance of all such offences, and shall, in
every case where the name and residence of any such offender is known or can
be ascertained, summon him either before the justices of the petty sessions
district in which the offence shall be committed, or before the justices of
any other petty sessions district in which such offender may reside or be at
the time of taking such proceeding; and such justices are hereby authorized to
hear and determine such case, either upon the complaint of such county or
sub-inspector, head or other constable, or of any other person:Proceedings if
offender will not discover his name.2.Where the name and residence of such
offender shall be unknown and cannot be ascertained [or where he has no fixed
place of abode], he may, with or without any warrant, be arrested by any such
county or sub-inspector, head or other constable, or any persons whom he may
call to his assistance; and if any such person shall refuse to discover his
name it shall be lawful for the justice before whom he shall be taken, or to
whom any such complaint shall be made, to commit him to gaol for any time not
exceeding one month, or to entertain any proceeding against him for the
penalty aforesaid by a description of his person and offence only, without
adding any name or designation, but expressing in the proceedings that he
refused to discover his name; and whenever any person having charge of any
horse or other animal, or of any cart or other carriage, shall be so taken
into custody by any county inspector, sub-inspector, head or other constable,
it shall be lawful for such county or sub-inspector, head or other constable
also to take charge of such horse, animal, cart, or carriage, and to deposit
the same in some place of safe custody, as a security for payment of any
penalty to which the person having had charge thereof may become liable; and
it shall be lawful for the justices by whom the case shall be heard to order
that, in default of such penalty, and the expenses of keeping such horse,
animal, cart, or carriage, being paid, the same shall be sold, for the purpose
of satisfying such penalty and expenses, in like manner as if the same had
been subject to be distrained and had been distrained for the payment of the
same:

Para.3 rep. by 1980 NI11 art.64(2) sch.9; para.4 rep. by 1968 c.9 (NI) s.13
sch.25.Any summons issued by any justice, requiring any owner, driver, or
guard of any public stage carriage to appear before him to answer any
complaint for any such offence, shall be deemed good and sufficient service in
case the same be left with the known or acting book-keeper, or with any other
person having the care of any office where places are usually taken or parcels
received for such carriage.

S.15 rep. by 1978 NI20 art.77(3) sch.10

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Northern Irish Legislation

SUMMARY JURISDICTION (IRELAND) ACT 1851 - SECT 14