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30 1923



Summary and other Legal Proceedings.

Prosecution of offences and recovery and application of fines.

199. —(1) A Court of Summary Jurisdiction, having jurisdiction in the place where the offence was committed or in the place where the offender may for the time being be, shall have jurisdiction over all offences triable in a Civil Court under this Act, except any such offence as is declared by this Act to be a misdemeanour or to be punishable on indictment; and any offence within the jurisdiction of a Court of Summary Jurisdiction may be prosecuted, and the fine and forfeiture in respect thereof may be recovered on summary conviction, in manner provided by the Summary Jurisdiction Acts.

(2) Any proceedings taken before a Court of Summary Jurisdiction in pursuance of this Act shall be taken in accordance with the Summary Jurisdiction Acts so far as applicable.

(3) A Court of Summary Jurisdiction imposing a fine in pursuance of this Act may, if it seems fit, order a portion of such fine, not exceeding one half, to be paid to the informer.

(4) Subject to the provisions of this Act with regard to the payment to the informer, fines and other sums recovered before a Court of Summary Jurisdiction in pursuance of this Act shall, be applied in manner directed by the Fines Act (Ireland), 1851, and any Acts amending the same.

Protection of persons acting under this Act.

200. —(1) Any action, prosecution or proceeding against any person for any act done in pursuance or execution or intended execution of this Act, or in respect of any alleged, neglect or default in the execution of this Act, shall not lie or be instituted unless it is commenced within six months next after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.

(2) In any such action tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after such tender, or is proceeded with after payment into Court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendants shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action.

(3) Every such action, and also every action against a member or minister of a Court-Martial in respect of a sentence of such Court, or of anything done by virtue, or in pursuance, of such sentence, shall be brought in a Superior Court.