Page images
PDF
EPUB

1 G. 3, c. 11. tion shall be tried, shall, in open court, before the same is adjourned, certify under his or their hand or hands, that he or judge satisfied with they is or are satisfied with the verdict given upon such informa

the verdict.

The trial to be in an in. different county.

Act not to extend to

tion.

2. That the trial of all such informations shall be had in some indifferent county, to be appointed by the court of King's Bench.

3. Provided always, that nothing in this act contained shall extend to justices of the peace, who are or shall hereafter be appointed by pointed by virtue of any commission of the peace issued or to commission. be issued by his majesty, his heirs and successors.

J. P. ap

Clerk of the

crown, neglecting his duty as herein.

13 & 14 Geo. 3, c. 18, s. 14.—And whereas it is expedient to prevent the mischiefs that may arise from the clerk of the crown neglecting his duty in respect of presentments; be it &c., that every clerk of the crown shall, without fee or reward, at each assizes (or term, if in the county of Dublin,) enter a copy of the treasurer's account in manner herein directed, and shall also, without fee or reward, immediately after the query book shall be ruled by the judge of assize (or court of King's Bench, if in the county of Dublin,) give to the treasurer a full and perfect copy of all queries discharged at said assizes or term, signed by himself or his deputy; and shall, within four days after each assizes (or issuable term), give to the treasurer a copy of all the presentments made and allowed at said assizes or term for the raising or paying of money, signed likewise by himself or his deputy; and in case he shall neglect to give the same or either of them at the times aforesaid, or to enter the said account, or the gross amount of the queries on the query book for said assizes or term at the foot thereof, and proof of any such neglect shall be made to the satisfaction of the judge of assize, or of the court of King's Bench, if in the county of Dublin, he shall be fined in any sum not exceeding five pounds, and be suspended from his office until he shall pay the same. And every clerk of the crown shall, within two month safter each assizes, (or term, if in the county of Dublin,) make up the queries for the succeeding assizes or term, when he shall make affidavit in writing before one of the judges of assize, (or judge of the King's Bench, if in the county of Dublin,) that he has entered a full, true, and exact query in the query book upon every presentment for raising or paying money, and every fine whatever which has not been accounted for or discharged, which affidavit shall be delivered to the clerk of the peace, to be by him kept and preserved; and if he shall omit to carry forward every query, which shall not have deen discharged, together with such order as shall have been made by the court thereupon, or shall neglect or omit to enter a full, true, and exact query upon every one presentment, made at the last assizes, (or term, if in the county of Dublin,) for raising and paying money, and likewise to frame a query in the query book upon every fine imposed, wherein the county is entitled to any shares, specifying how much thereof the county is

c. 18.

entitled unto, and from time to time to carry forward the same, 13 & 14 G. 3, unless discharged, or shall efface, obliterate, tear, alter, destroy, or suppress any record of the county, or shall refuse to make such affidavit as aforesaid; he shall, if convicted thereof by indictment or presentment, be fined in any sum not exceeding one hundred pounds, and be dismissed from his office of clerk of the crown ; any law, grant, or custom to the contrary notwithstanding, and be incapable of ever after serving in said office. 25 Geo. 3, c. 53, s. 3.-That every attorney or solicitor, Attorney, who shall, after the twenty-fourth day of June aforesaid, sue out any such writ of scire facies (a) on behalf of his majesty, act. his heirs or successors, and shall omit to comply with the provisions of this act above-mentioned (b), shall, for every such offence, forfeit and lose the sum of one hundred pounds, and be liable to an action at the suit of any party injured by such neglect or omission.

not comply

ing with this

terms.

4. That if any printer or printers, publisher or publishers of Printers reany public newspaper, shall refuse or omit to receive, take, fusing to publish writs print, and publish any such copy as above-mentioned, of any of scire facias such writ of scire facias, upon the usual price or payment on usual being tendered to him, her, or them, by the person offering such copy or copies as aforesaid, for insertion and publication; he, she, or they shall, for every such refusal or omission, forfeit Penalty. and lose the sum of five hundred pounds, and be for ever incapable of printing or publishing any newspaper within the kingdom of Ireland; and shall also, being duly convicted thereof, suffer six months' imprisonment; and shall also be liable to an information at the suit of his majesty, his heirs or successors, in his majesty's court of Exchequer, for the recovery and satisfaction of any damage or loss sustained by his majesty, his heirs or successors, by reason of such refusal or omission.

set and sun

31 Geo. 3, c. 31, s. 4.-That from and after the time afore- Seizing said (c), if any cattle or goods shall be taken and carried away, cattle or under colour of any decree obtained upon any civil bill, between color of civil goods under the hours of sunset and sunrise; the person or persons so taking bill decree, and carrying away the same, shall be deemed guilty of a misde- between sunmeanour, and being convicted thereof, suffer such punishment rise. by imprisonment, whipping, or otherwise, as to the judge or judges, whot in their discretion shall seem meet; and in any indictment for this offence, it shall be sufficient to allege generally that the party or parties, fraudulently and contrary to the intent of this act, carried away such cattle or goods between the hours

(a) Viz. a Scire facias against the heir and tertenants of a deceased crown debtor.

(b) By s. 1, he is directed, before delivery of the writ to the Sheriff, to insert a true copy of it in the Dublin Gazette and in three other Dublin newspapers, and also (in case the writ shall be directed to the Sheriff of any county, county of a city or town, other than the city of Dublin,) in every newspaper in such county, city, or town.

(c) 1 June, 1791.

+ Sic.

31 G. 3, c. 31. of sunsetting and sunrising, without describing more particularly the circumstances of such offence; and the property of goods and cattle so taken, shall not be altered by any sale thereof.

To extend to the county and city of Dublin. Stealing re

cords, &c. a misdemean

our.

Embracery

and corrupt

jurors punishable by fine

5. That the provisions of this act shall extend to civil bills and decrees issued by, or obtained at the quarter sessions of the county, or county of the city of Dublin.

9 Geo. 4, c. 55, s. 21.-That if any person shall steal, or shall, for any fraudulent purpose, take from its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously obliterate, injure, or destroy any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or any original document whatsoever, or any part of any such document, of or belonging to any court of record, or relating to any matter, civil or criminal, begun, depending, or terminated in any such court, or any bill, answer or interrogatory, deposition, affidavit, order or decree, or any original document whatsoever, of or belonging to any court of equity, or relating to any cause or matter begun, depending, or terminated in any such court, or any part thereof respectively, or any original document, or part of any original document in any wise relating to, or concerning the business of any person or persons holding any office or employment under his majesty, and remaining or deposited for safe custody in any office appertaining to any court of justice. or in his majesty's castle of Dublin, or in any of his majesty's custom houses, post offices, or other public offices in Ireland; every such offender shall be guilty of a misdemeanour, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the court shall award and it shall not be necessary to allege in any indictment, or to prove on any trial for such offence, that the article, in respect of which the offence is charged to have been committed, is the property of any person, or that the same is of any value; nor shall it be the subject of enquiry at the trial of any such offence, whether the thing charged to have been stolen is or is not of any intrinsic value.

:

3 & 4 Will. 4, c. 91(a), s. 48.-Provided always, and be it enacted and declared, that notwithstanding any thing herein contained, every person who shall be guilty of the offence of and imprison- embracery, and every juror who shall wilfully or corruptly consent thereto, shall and may be respectively proceeded against by indictment or information, and be punished by fine and imprisonment in like manner as every such person and juror might have been before the passing of this act.

ment.

[Pardon, p. 12. Removing goods to another part of the united kingdom, p. 14.]

(a) Entitled "An Act for consolidating and amending the laws relative to jurors and juries in Ireland,"

SECTION 7.

Compounding Felony.

to stolen

9 Geo. 4, c. 55, s. 51.—That every person who shall cor- Taking a reruptly take any money or reward, directly or indirectly, under ward to help pretence or upon account of helping any person to any chattel, property; money, valuable security, or other property whatsoever, which felony. shall by any felony or misdemeanor have been stolen, taken, obtained, or converted as aforesaid, shall, (unless he cause the offender to be apprehended and brought to trial for the same,) be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

the restora

without

52. That if any person shall publicly advertise a reward for Advertising the return of any property whatsoever, which shall have been a reward for stolen or lost, and shall, in such advertisement, use any words tion of stolen purporting that no questions will be asked; or shall make use of property any words in any public advertisement purporting that a reward enquiry. will be given or paid for any property which shall have been stolen or lost, without seizing, or making any inquiry after the person producing such property; or shall promise or offer in any such public advertisement, to return to any pawnbroker or other person who may have bought or advanced money by way of loan upon any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the return of such property; or if any person shall print or publish any such advertisement; in any of the above cases, every such person shall forfeit the sum of fifty pounds for every such offence, to any person who will sue for the same, by action of debt, to be recovered with full costs of suit.

SECTION 8.

Subsequent Felony.

9 Geo. 4, c. 54, s. 21.—And whereas it is expedient to provide for the more exemplary punishment of offenders, who commit felony after a previous conviction of felony, whether such conviction shall have taken place before or after the com- Punishment mencement of this act; be it therefore enacted, that if any conviction person shall be convicted of any felony not punishable with for felony.

on a second

Requisite of indictment.

Evidence.

9 G. 4, c. 54. death, committed after a previous conviction for felony, such person shall, on such subsequent conviction, be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment; and in any indictment for any such felony committed after a previous conviction for felony, it shall be sufficient to state, that the offender was, at a certain time and place, convicted of felony, without otherwise describing the previous felony; and a certificate, containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the clerk of the court, or other officer having the custody of the records of the court where the offender was first convicted, or by the deputy of such clerk or officer (for which certificate a fee of six shillings and eight pence, and no more, shall be demanded or taken,) shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed the same; and if any clerk, officer, or deputy, shall utter any false certificate of any indictment and conviction for a previous felony, or of any sentence or order of transportation or banishment; or if any person other than such clerk, officer, or deputy shall sign any such certificate as such clerk, officer, or deputy, or shall utter any such certificate with a false or counterfeit signature thereto; every such offender shall be guilty of felony, and being lawfully convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years, and if a male, to be once, twice, or thrice publicly or privately whipped, (if the court shall so think fit), in addition to such imprisonment.

Signing or uttering false certifi

cate of former convic.

tion; felony.

A previous conviction not to be

22. That all offences prosecuted in the high court of admiralty of Ireland, shall, upon every first and subsequent conviction, be subject to the same punishment, whether of death or otherwise, as if such offences had been committed upon the land.

6 & 7 Will. 4, c. 111. [Recites 7 & 8 Geo. 4, c. 28, Eng., to which the 9 Geo. 4, c. 54, s. 21, Ir., corresponds.] And whereas since the passing of the said act, the practice has been, on the trial of any person for any such subsequent felony, to charge the jury to inquire at the same time concerning such previous conviction: and whereas doubts may be reasonably entertained, whether such practice is consistent with a fair and impartial inquiry, as regards the matter of such subsequent felony, and it is expedient that such practice should from henceforth be discontinued: be it, &c., that from and after the passing of this act, it shall not be lawful, on the trial of any person for any such subsequent felony, to charge the jury to

« EelmineJätka »