Section 3 Clerks of the peace, &c. for every omission to comply with the provisions of this Act, liable to the penalty of 5l. to be recovered in a summary way.C1
In case any F1clerk of the peaceclerk of the district council, sheriff clerk, parish clerk, schoolmaster, town clerk, . . . F2, or other person shall in any matter or thing refuse or neglect to comply with any of the provisions herein-before contained, every clerk of the peaceclerk of the district council, sheriff clerk, parish clerk, schoolmaster, town clerk, . . . , or other person shall for every such offence forfeit and pay any sum not exceeding the sum of F3five poundslevel 1 on the standard scale; and every such penalty shall, upon proof of the offence before any justice of the peace for the county within which such offence shall be committed, or by the confession of the party offending, or by the oath of any credible witness, be levied and recovered, together with the costs of the proceedings for the recovery thereof, by distress and sale of the goods and effects of the party offending, by warrant under the hand of such justice, which warrant such justice is hereby empowered to grant, and shall be paid to the person or persons making such complaint; and it shall be lawful for any such justice of the peace, to whom any complaint shall be made of any offence committed against this Act, to summon the party complained of before him, and on such summons to hear and determine the matter of such complaint in a summary way, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing or in print shall have been exhibited or taken by or before such justice; and all such proceedings by summons without information shall be as good, valid, and effectual to all intents and purposes, as if an information in writing had been exhibited.
Annotations
Textual amendments
- F1
Words “clerk of the district council” substituted (N.I.) for words “clerk of the peace” by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. II
- F2
Words repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I
- F3
Words “level 1 on the standard scale” substituted (S.) for “five pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) s. 289G
Modifications
- C1
Unreliable marginal note
Notes on the whole Act
Textual amendments
- F1
Words “clerk of the district council” substituted (N.I.) for words “clerk of the peace” by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. II
- F2
Words repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I
- F3
Words “clerks of the district councils” substituted (N.I.) for words “clerks of the peace” by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5 Pt. II