form C., order for abatement or prohibition of the nuisance; form D., where Justices direct abatement of nuisance by sanitary authority; form E., order to permit execution of works by owner; and form F., Justice's order to admit the officer of sanitary authority.

(a) Transient offenders.-It will be seen by 8 Vic. c. 16, s. 156, and 8 Vic. c. 20, s. 154, "that it shall be lawful for any officer, &c., of the Company, and all persons called by him to his assistance, to seize and detain any person who shall have committed any offence against these Acts or the Special Act, or any Act incorporated there with, and whose name and residence shall be unknown to such officer, &c., and convey him with all convenient despatch before some Justice, without any warrant or other authority than this or the Special Act, and such Justice shall proceed with all convenient despatch to the hearing and determining of the complaint against the offender."

In addition to this special provision, these Acts provide that all penalties imposed by these or the Special Act, or any by-law made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before 2 Justices-summons to issue in first instance; distress warrant; and in default of distress, imprisonment.

Now it is very doubtful whether at present any one Justice, out of Petty Sessions, can do the acts above referred to respecting "transient offenders." The Petty Sessions (Ireland) Act, 14 & 15 Vic. c. 93, regulates the powers and duties of Justices in all proceedings both in and out of Petty Sessions. By this Act,

As

sec. 8, "It shall not be lawful for any Justice or Justices to hear and determine any cases of summary jurisdiction out of Petty Sessions, except cases of drunkenness or vagrancy, or fraud in the sale of goods, or disputes as to sales in fairs or markets; but it shall be lawful for two Justices, if they shall see fit, to hear and determine out of Petty Sessions any complaint as to any offence when the offender shall be unable to give bail for his appearance at Petty Sessions." This section certainly appears sufficiently strong to prevail over the Railways Acts in deciding the course which the Magistrates should pursue. Nor would the fact of a Special Railway Act by being passed subsequently to the Petty Sessions Act (and which special Act would of course have incorporated with it the Railways and Companies Clauses Consolidation Acts referred to) be likely to alter the case. the matter now stands, the Justice would be safe in following the Petty Sessions Act; he can either take bail for the appearance at the Petty Sessions, with or without sureties, as he may think fit; or, if name and residence be known, can have a summons served, or two Justices may try the case. But it will be observed that the power of the railway officers to arrest the offender and convey him before a Justice is not taken away, and it is the duty of the Justice to act on the complaint; and if no guarantee can be given that the prisoner will be forthcoming, the Justice can take an information on oath, and commit him until the hearing of the complaint-14 & 15 Vic. c. 93, s. 11. When the penalty is under £5 the imprisonment must be according to the scale in 35 & 36 Vic. c. 82, and under this Act the offender may be committed forthwith if he fail to pay the penalty.