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Statutes of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_act/sja1879263.txt

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SUMMARY JURISDICTION ACT 1879

SUMMARY JURISDICTION ACT 1879 - LONG TITLE

An Act to amend the Law relating to the Summary Jurisdiction of
Magistrates.
[11th August 1879]
Short title.

SUMMARY JURISDICTION ACT 1879 - SECT 1

1. This Act may be cited for all purposes as the Summary
Jurisdiction Act, 1879.

Part IS27 which was ext. to NI by 1881 c.60 s.5 was rep. by 1914
c.58 s.44(2) sch.4; 1953 c.3 (NI) s.51 sch.4

Summary orders.

SUMMARY JURISDICTION ACT 1879 - SECT 34

34.(1) Where a power is given by any future Act to a court of
summary jurisdiction of requiring any person to do or abstain from
doing any act or thing other than the payment of money, or of
requiring any act or thing to be done or left undone other than
the payment of money, and no mode is prescribed of enforcing such
requisition, the court may exercise such power by an order or
orders, and may annex to any such order any conditions as to time
or mode of action which the court may think just, and may suspend
or rescind any such order on such undertaking being given or
condition being performed as the court may think just, and generally
may make such arrangement for carrying into effect such power as to
the court seems meet.

(2) A person making default in complying with an order of a court
of summary jurisdiction in relation to any matter arising under any
future Act other than the payment of money, shall be punished in
the prescribed manner, or if no punishment is prescribed, may in
the discretion of the court be ordered to pay a sum (to be
enforced as a civil debt recoverable summarily under this Act) not
exceeding one pound for every day during which he is in default,
or to be imprisoned until he has remedied his default:

Provided that a person shall not, for non-compliance with the
requisition of a court of summary jurisdiction, whether made by one
or more orders, to do or abstain from doing any act or thing, be
liable under this section to imprisonment for a period or periods
amounting in the aggregate to more than two months, or to the
payment of any sums exceeding in the aggregate twenty pounds.

S.35 ext. to NI by 1930 c.14 (NI) s.29 which was rep. by 1947
c.3 (NI) s.120 sch.8

Special definitions for purposes of the Act.

SUMMARY JURISDICTION ACT 1879 - SECT 49

49. In this Act, if not inconsistent with the context, the
following expressions have the meanings herein-after respectively
assigned to them; that is to say,

...

The expression "prescribed" means prescribed or provided by any Act
which relates to any offences, penalties, fines, costs, sums of
money, orders, proceedings, or matters, to the punishment, recovery,
making, or conduct of which the Summary Jurisdiction Acts expressly
or impliedly apply or may be applied:

...

The expression "future Act" means any Act passed after the
commencement of this Act.


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URL: http://www.bailii.org/nie/legis/num_act/sja1879263.txt