are employed in them; when they do not, an order for out-door relief is issued by the commissioners, and the able-bodied are employed in gangs, under overseers, in the neighbourhood of their villages. Their employment generally is breaking stones, enormous heaps of which may be seen collected in fields, or along the public roads, every-where through the distressed districts; other occupations-provided they are entirely useless-are sometimes resorted to, the principle of the poor law being, that the paupers should exert the maximum of labour in the production of the minimum of return.

So much for the valuation, the collection, and the application of the revenues under the poor law. Whether the present system of raising the revenues, and applying them, has a tendency to diminish the amount of destitution-and, if not, why it fails to do so-must be sought for more in facts than in theory.

And what are the facts? Where almost whole towns are taken to supply additional workhouse accommodation, where the out-door relief-lists are counted by thousands, the country is a waste! Gangs of able-bodied paupers are employed at stone-breaking on roads traversing rich districts, where the thistle and the nettle take the place which should be occupied by the turnip and the oat; and, as a general rule, it may be stated that the greater the number of persons employed under the poor law in any union, the more land will be found uncultivated, and the greater the neglect of agriculture and of every industrial operation. That is, farmers who have still any capital left, instead of taking up a part of the pauper labour in the cultivation of their lands, are selling whatever property they possess, deserting their holdings, and flying from the country. The proprietary are generally allowing even the grass farms thrown on their hands to lie waste; and thus, as destitution is arriving at its maximum, the sources whence the funds for its relief are to be derived, are drying up.

We do not mean to advocate that the Poor-law Guardians should undertake the farming of the distressed districts-should employ the paupers in their cultivation, and support them out of the proceeds.

The healthful exercise of the inmates-the agricultural instruction afforded to the children, added to the profit which might be derived, would, in our opinion, justify the attaching a farm of convenient size to each workhouse. Even the old and the infirm could assist, and would delight in the occupation the culture of a garden would supply them; and it would be much better they should be so employed than spend their hours of recreation (as they are called) moping about cold day rooms, or seeking in some nook to enjoy the warmth of a beam of sunshine. However, though we thus approve of farming by pauper labour, to this small extent, we would not divert labour generally from its legitimate application-the profitable employment of the labourer for the benefit of the employer.

Whatever may be the ultimate the proximate cause of the state of things now existing, and likely to continue in the distressed districts-is to be

found in excessive local taxation. Where the taxes amount, or where there is a prospect of their amounting, to the full value of the property, it is not the interest even of the proprietor himself to expend his capital-and there is very little likeli hood of his engaging any other person to expend his-in giving employment. Actions for recovery of poor-rate, or proceedings by mortgagees to sell, are alike innocuous to property situated in this way. It is useless appointing a receiver over a waste, or bringing a valueless, or worse than valueless, property into the market. No contraction of the area of taxation, no rendering individual property liable for the support of its own poor, would meet the evil of a case like this. Interest, and interest alone, must be relied on, to urge men to exertion, and it is clear there can be no advantage in cultivating a country where the taxes are above 20s. in the £1.

If excessive local taxation be the real cause of the desertion of the farmer, and the ruin of the proprietary, in the distressed districts of Ireland, the remedy must be sought, not in contracting, but in extending the area of taxation. A tax for the relief of the poor-extending over the whole surface of Ireland, and affecting every species of property, would at first reduce the value of property in the more favoured portions of it, but by increasing its value in the distressed districts, and thus making it the interest of capitalists to purchase estates there, and give employment, would eventually conduce to the general benefit of the country.

A general tax of this kind, affecting every species of property, would, in all likelihood, be of small amount. The rate-as destitution in the distressed districts diminished-would decrease from year to year; while any system of taxation which increased the burthen on localities, exactly in proportion to their inability to bear them, (and which objection is applicable to all schemes having the diminution of the area of taxation for their base,) by virtually throwing out of cultivation large portions of the country, would have a tendency to increase, from year to year, that part of the taxation which affected the country at large. And as large districts are unequal to the support of their own poor-on any system, a portion of the tax must be made general. In fact, were the tax a general one, the distressed districts would have a tendency to assist in the support of their own destitution-a tendency which would go on increasing from year to year; whilst, were the tax partly local and partly general, the distressed districts would have a contrary tendency, and throw the entire onus of their destitution on the more favoured portions of the country.

A serious obstacle to the improvement of the country, also exists in the number and extent of incumbrancers and incumbered estates. The taxation of mortgagees would perhaps have more effect in dissolving these compounds, than the operation of the Incumbered Estates Bill; whilst making the tax for relief general, would render valuable this species of property, which, if taxation remain confined to localities, will be altogether worthless in the distressed districts.

The effect also on the labour market would be beneficial. A proprietor, limited to the employ

ment of a certain set of paupers chained to his estate, and whom, in any event, he must support, would have many difficulties to contend with in carrying out farming operations, while able-bodied paupers, willing to work, in an electoral division-where the proprietor either could not or would not give employment-must necessarily remain unprofitable to the community. Allowing the employer to seek for labourers where he pleased, and the labourer to find employment where he could, and wages in proportion to his worth, would be much more for the advantage of the employer and the employed.

In fine, there are numerous and extensive properties in the distressed districts whose proprietors can neither give employment, nor pay poor-rate; properties they cannot sell, as no one will purchase them, liable to the present excessive taxation. On these estates there are large populations, which, if the localities are not enabled to assist in supporting, must be supported entirely by a general tax, as the law will not allow them to die of starvation. To enable these properties to assist in the support of their own destitution, there is but the one means, namely, to reduce the taxation, which now deters every one from undertaking their profitable cultivation.

In our last number, we laid before our readers the substance of the "Declinatory Plea," the validity of which had been discussed in the cases of Smith O'Brien and others v. the Queen in error. We then stated some of the arguments for and against that plea upon the merits, and referred to the statutory enactments upon which it had been framed. We now propose to state shortly the objections in point of form (two in number) taken to the plea in question by the crown, as well as the replies to those objections given on the part of the prisoners. Before proceeding to do so, we shall, for the convenience of reference, transcribe the very words of the plea, as put in on behalf of Smith O'Brien, which, mutatis mutandis, was the same as that put in on the part of the other prisoners. They were as follows:-"He, the said William Smith O'Brien, protesting that he is not guilty thereof," (i. e. the treasons charged by the indictment) "or of any part thereof, nevertheless says that he ought not now to be compelled to answer the same, because he says that by the indictment aforesaid, he, the said W. S. O'Brien, is charged and indicted for, among other offences, compassing, imagining, and intending to put our lady the Queen to death, and that by the statutable enactments in that case made and provided, and now in force in this realm, every person indicted for compassing, imagining, and intending death or destruction to our lady the Queen, is enti tled to have delivered to him before the trial, and in presence of two or more credible witnesses, a copy of the indictment, and at the same time a list of the witnesses to be produced on the trial for proving the said indictment, mentioning the names, professions, and place of abode of the witnesses, and also a copy of the panel of the jurors that are to try him on the said indictment; and the said Wm. S. O'Brien says, that on the indictment aforesaid

was found a true bill by the jurors aforesaid, on Thursday, the 21st day of September last, and that on the said Thursday, the 21st day of September last, a copy of the said indictment was delivered to him, the said Wm. S. O'Brien, in open court, but no copy of the panel of the jurors that are to try him on said indictment, nor any list of witnesses to be produced on the trial for proving the said indictment, was there or at any time delivered to him, the said W. S. O'Brien, and this the said W. S. O'Brien is ready to verify. Wherefore he prays judgment, and that he may not be compelled to answer the said indictment, and soforth." It is to be observed, that the the foregoing plea was pleaded to an indictment which contained six counts, five whereof charged a treason-namely, that of levying war-on the trial for which, if disconnected from the charge of treason, of compassing the death of the Queen, the prisoners would admittedly have no claim to the privileges in question, and that it was only upon the insertion of the sixth count, charging such compassing, that the counsel for the prisoners rested the validity of the plea.

The two formal objections taken by the crown were, first, "That the facts stated therein were not proper subject matter of a plea, that they were matters properly belonging to the practice of the court where the trial was had, and that the only course open to the prisoners, whereby they could have advantage of the omissions (if omissions they were) was by motion to the Judges then presiding, to stay the trial until such omissions had been supplied, and that the decision of said Judges thereon should be final and conclusive."

Second. It was urged by the crown that the plea was informal, as purporting to be pleaded to the whole indictment, whereas it should have been confined to the sixth count, which alone charged the prisoners with compassing the death of the Queen.

To the first objection it was replied, that the rights claimed by the prisoner's plea were not like those resulting from the rules and practice of a court of justice, framed with a view to the regu larity of its proceedings and the convenience of suitors,-that they were rights conferred by statute for the protection of the subject,-that the law which conferred the rights could not have intended that their enjoyment should depend on the decision (of necessity, often times hasty and ill-considered) of a motion by a Judge of assize, and that the prisoners were entitled to put the question at issue upon the record, by way of plea, in order to have it solemnly argued before a court of error, in case they were dissatisfied with the decision of the court below. The law of Scotland, where analagous privileges have been, by various statutes, conferred upon the accused, and where the denial of such privileges has been frequently pleaded, was cited as an authority in favour of the foregoing view, and Hume's Criminal Law of Scotland, 2nd vol. p. 247, was referred to.

To the second objection it was answered, that a party could not legally be called upon to answer at several times to different parts of the same indictment; that if a declinatory plea (that is a plea declining to answer) was good as to any one count,

it followed that it was good as to all; that if it were otherwise, the prisoner might be put on his trial on the same indictment at different times, as to five of the counts at one time, aud as to the sixth so soon as the statutable requisitions had been complied with; a consequence, it was argued, which shewed, that if any part of the indictment was open to the declinatory plea, so must the whole. The plea in the present case was further likened to a plea stating a demand and refusal of oyer of a deed in a civil case, which, though the deed may have been set out in only one count of the declaration, is a good declinatory plea to all the counts, and the case of Longueville v. The Inhabitants of Thistleworth, (2 Lord Raym. 969) was cited.

We shall conclude this article with a statement of the error assigned with reference to the caption of the indictment. As the argument on this point involved chiefly minute verbal criticism, we shall set out the caption in full, from a perusal of which, and a reference to the words in italics, our readers may at once apprehend the objection taken by the prisoners. The caption is as follows: "Be it remembered that at a special session of Oyer and Terminer, and general gaol delivery, holden in, and for the county of Tipperary, at Clonmel, in said county, on Thursday the 21st day of Sept., in the twelfth year of our sovereign lady Queen Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, and so forth, and in the year of our Lord, 1848, before the Rt. Hon. Francis Blackburne, Chief Justice of her Majesty's court of Chief Place in Ireland, the Rt. Hon. John Doherty, Chief Justice of her Majesty's Court of Common Pleas in Ireland, and the Rt. Hon. Richard Moore, fourth justice of her Majesty's Court of Chief Place in Ireland, and commissioners of our said lady the Queen of Oyer and Terminer, within her said county of Tipperary, nominated and appointed to hear and determine all and all manner of treasons, &c., by whomsoever done, committed, or perpetrated, in said county of Tipperary, as well against the peace and the common law of Ireland, as against the form and effect of any statute made, &c., and also nominated and appointed from time to time as need should be, to deliver the gaols of our said lady the Queen, by virtue of a commission under letters patent of our said lady the Queen, bearing date the 1st day of September, in the twelfth year of the reign of our said lady the Queen, to them, the said F. Blackburne, J. Doherty, and R, Moore, and others, in the said letters named directed, by the oaths of, &c., it is sented, &c."

pre

The objection, founded on the foregoing caption, on the part of the prisoners was, that it appeared from the concluding words that the commission to try the prisoners was directed to F. Blackburne, John Doherty, Richard Moore, and others, that it does not appear that the three commissioners before whom the trial was had, formed a quorum, that as that authority appeared to be conferred on them jointly with others, they had no power to try prisoners in the absence of those others, and that therefore, as appeared from the caption, the trial was had coram non judice,

The crown replied that the words nominated and appointed, which occur in the earlier part of the caption, meant, and with propriety of language, could be held only to mean, "with full authority, and in the absence of all others." That those words conveyed all that the quorum clause in ordinary commissions did, and that if the letters patent had conferred only a joint authority upon the said three commissioners and others, it would have been false in fact to have said that the said Francis Blackburne, John Doherty, and Richard Moore, had been nominated and appointed to hear and determine, &c.

Hubbard v. Austin,
Humphrys v. Irvine,
Irvine v. Demassy,
Irving v. Oranmore,
Jackson v. Hamilton,
Kane v. Bury,
Kelly v. Jackson,
Keller v. Emery,

King v. O'Brien,

King v. Kennedy, Kirkwood v. Kirkwood, Kirkwood v. Lloyd, Lane v. M'Adam,

Law v. O'Moore,

Laurence v. Sharpe,
Lees v. Porter,
Leinster v. Ball,

Maunsell v. Maunsell,

Meldon v. Martin,

Miller v. Gibbons,

Same v. Same,

Lewis v. Charleville,
Same v. Same,
Lindsey v. Fitzgerald,
Litchfield v. Penrose,
Lowey v. Nixon,
Lupton v. Stephenson,
Same v. Same,
Lynch v. Nolan,
M'Dowell v. Skerrett,
M'Fadden v. Irvine,
M'Ghee v. M'Donnell,
Macartney v. Macartney,
Madden v. Badhane,
Madden v. Madden,

Modreffe v. Dillon,
Manly v. Boulton,
Mathew v. Harvey,

Third 50.

Mills v. Dubedat,
Molony v. Scollard,
Montgomery v. Stevenson,
Montgomery v. Hopkins,
De Morrin v. Henry,
Murphy v. Hearn,
Murphy v. Skeffington,
Murray v. O'Brien,
Nagle v. Nagle,

Noble v. Swanton,
Nolan v. Browne,
Nugent v. Piers,
O'Connell v. Macnamara,
O'Grady v. Atkin,
O'Hara v. Chaine,

O'Hara v. Mountcashel,

Orr v. Foster,

Palmer v. Palmer,

Palmer v. Newport,

Palmer v. Jones,
Perrott v. Hawkins,

Power v. Bodkin, Preston v. Preston, Purcell v. Blennerhassett, Reeves v. Thornhill, Rice v. Walsh, Rogers v. Sullivan, Rowland v. M'Donnell, St. John v. Ronan, Saunders v. Percival, Same v. Same, Sawyer v. Hovenden, Scott v. O'Sullivan, Sherlock v. Disney, Seymour v. Seymour, Shannon v. Tracey, Shaw v. Dunkin, Sheridan v. Sheridan, Singer v. Glengall, Singleton v. Robinson, Spunner v. Walsh, Stack v. Baxter, Staunton v. Power, Tarrant v. Purcell, Tilly v. Daly, Tisdall v. Blake,

Fourth 50.

Wellesley v. Mornington, White v. White, White v. Knox, Whitley v. St. George, Williams v. Walker, Williams v. Gore, Williams v. O'Brien, Wiltshire v. Brownrigg, Woodroffe v. Smith, Yourell v. Dunne,

(Continued from page 40.)

CAP. XXXII.

An Act to facilitate the collection of County Cess in Ireland. [22nd July, 1848.] Sec. 1. In case Collectors cannot be procured for an entire Barony, Grand Jury at Summer Assizes of this year, or Magistrates at Special Sessions after them, may appoint Collectors for Districts. 2. When Grand Jury at Assizes shall not have appointed Collectors of Cess, Quarter Sessions or Special Sessions may appoint before the Spring Assizes. Persons appointed to give Security. 3. Collector shall pay his Collection monthly to the County Bank, or as soon as he has received 1001. 4. Act may be amended, &c.

'Whereas by the 6 & 7 W. 4. c. 116, it is provided, that the grand jury of each county in Ireland shall, at each as'sizes, appoint a high constable and collector for each 'barony, to collect all monies presented on such barony, or 'a county of a city, or county of a town, in manner therein

specified and whereas, by the 11 & 12 Vict. c. 26, it is provided, that in case the grand jury at assizes shall not have appointed a high constable or collector of cess, or a 'vacancy shall have occurred in such office in certain cases, 'the justices of the peace of any county, at any general 'quarter sessions of of the peace or adjournment thereof, or at a special sessions may appoint a collector of any barony: and whereas in some cases it may happen that a 'duly qualified person cannot be found to undertake the col'lection of a barony:' be it therefore enacted, that in case it shall appear to the grand jury of any county assembled at the summer assizes of this present year, or to the magistrates assembled at a special sessions of the peace, as hereinafter directed, that a collector cannot be procured to collect for an entire barony, then such grand jury, or the magistrates at such special sessions may appoint persons for such districts as to them may seem fit, provided that such districts together comprise the whole barony.

2. That in every case in which any grand jury at such summer assizes shall not have appointed a high constable or collector of cess for any barony of such county, or if any vacancy shall occur or exist after such assizes and before the first day of the next ensuing assizes, the justices of the peace of the said county at any general quarter sessions of the peace or adjournment thereof, or at a special sessions of the peace to be called by the clerk of the peace in two days after the receipt of the written requisition of the treasurer, at the county assizes or sessions town of the division in which such barony is situate, (giving six days notice thereof to such justices resident in such division,) may appoint a collector of cess for any district of any barony of such county for which no such high constable or collector shall have been appointed at the assizes by the grand jury, or for which such vacancy shall occur or exist, as the case may be; and any such person so appointed may give such security as aforesaid before such justices in like manner as directed by the said recited acts or either of them; and in case any person appointed as aforesaid by the grand jury at the assizes shall not have given security before such grand jury as by the said first-recited act required, such person so appointed may give such security before the justices of the peace of such county at the next general or quarter sessions of the peace for the division of the county in which such barony is situate, or at any special sessions; or in default thereof such justices, at any general or quarter sessions of the peace or adjournment thereof for such county, or at such special sessions as aforesaid may appoint some other person collector for any district of such barony or place in lieu of the person so appointed by the grand jury; and the person so appointed by such justices may give security before such justices at such sessions as if the same were given at the assizes before the grand jury; and all the provisions of the said recited act, or any act amending the same, or of any other act relating to any such high constables or collectors of cess, shall be extended to any collector of cess appointed and giving security, or only giving security as aforesaid under this act, as fully as if he were a high constable or collector of cess appointed by and giving security before the grand jury at the assizes under the said recited act; and the warrant of the treasurer of such county issued to the collector of each such district (which warrant such be of the same validity as if issued to a high constable or treasurer is hereby authorized and required to issue) shall collector appointed under the said recited acts or either of them.

3. That any person authorized to collect the grand jury cess under this act shall, on or before the first day of every month, or so often as he shall receive one hundred pounds, pay into the county bank, to the credit of the treasurer of and shall furnish to the treasurer of the county an account the county, the sums he may have received up to such period, of the sums so received and paid in.

4. That this Act may be amended or repealed by any act to be passed in this present session of parliament. CAP. XXXIII.

An Act to apply the sum of three millions out of the consolidated fund, to the service of the year one thousand eight hundred and forty eight. [22nd July, 1848.]

CAP. XXXIV.

An Act to amend certain acts in force in Ireland in relation to appeals from decrees and dismisses on civil bills in the county of Dublin and county of the city of Dublin. [22d July, 1848.] Sec. 1. Appeals from civil bill decrees and dismisses in the county and city of Dublin to be heard in the vacation after every term, with power of adjournment for special reasons. Notice of appeal.

2. Computation of time. 3. Interpretation of terms. 4. Act may be amended, &c.

Whereas by certain acts of parliament in Ireland provi'sion is made for enabling any person aggrieved by a decree or dismiss of the Recorder of Dublin upon any civil bill, or by a decree, dismiss, or order of the chairman of the 'county of Dublin, or by the decree of any seneschal or 'steward of any manor court within the county of Dublin or county of the city of Dublin, to appeal from such decree, 'dismiss, or order to the Chief Justice of the Queen's Bench or Common Pleas, or to the Chief Baron of the Exchequer 'in Ireland, or other justice of Nisi Prius, at their sittings at Nisi Prius for the city of Dublin, after the Easter or 'Michaelmas term next following the pronouncing of such decree, dismiss, or order, under certain regulations, one 'of which is that the party so appealing shall give twenty days previous notice in writing to the party obtaining such decree, dismiss, or order, or to his attorney, to which of the ⚫ said judges such appeal is intended to be made: and whereas, in order as well to expedite such appeals as to distribute ⚫ more equally among the vacations succeeding the law terms the business of hearing same, it is expedient to amend the 'said acts by making such provision in relation to the said appeals as herein-after mentioned:' be it enacted, that after the passing of this act every appeal from any decree, dismiss, or order on any civil bill of the Recorder of Dublin, or of the chairman of the county of Dublin, or of any seneschal or steward of any manor court within the county of Dublin or county of the city of Dublin, or having jurisdiction within both the county of Dublin and county of the city of Dublin, shall be made to the Chief Justice of the Queen's Bench, or of the Common Pleas, or to the Chief Baron of the Court of Exchequer or other justice at Nisi Prius to try records issuing out of such court, in the vacation next following the term which shall end on or next after the expiration of fourteen days from the day of the making of such decree, &c. and such appeal may be heard by such Chief Justice, &c. at any time after the last day of such term, and before the first day of the next ensuing term. and either before or after the sittings at Nisi Prius in such vacation, with power to such Chief Justice, &c. to adjourn the hearing of any such appeal to any time in or after the subsequent term, if, for special reasons to be stated in the decree, &c. which shall be made upon such appeal, he shall deem it proper so to do; and instead of twenty days notice of appeal, now required by law, the party appealing shall give to the party who shall have obtained such decree, &c. or to his attorney, ten days (at the least) previous to the commencement of the vacation next following the term which shall so end on or next after the expiration of fourteen days from the day of the making or pronouncing of such decree, &c. notice in writing, apprizing such party who shall have obtained such decree, &c. or his attorney, to which of the said judges such appeal is intended to be made; and such appeal, and all proceedings in relation thereto, shall be heard, conducted, and observed in every respect, save as other wise provided by this act, in such manner, and subject to such rules, and regulations, as now required in case of appeal from any such decree, &c.

2. That in computing the periods of fourteen days and ten days the same shall be reckoned respectively inclusive of the day of the pronouncing of such decree, &c. and of the day of the giving of such notice, but exclusive of the day on which such vacation shall commence.

3. That in the construction of this act the word "party" shall include any corporation sole or aggregate; and that all words importing the singular number or masculine gender,

shall be construed to extend to and include many persons as well as one person, and females as well as males.

4. That this act may be amended or repealed by any act to be passed in this present session of Parliament. CAP. XXXV.

An Act to empower the Lord Lieutenant or other chief governor or governors of Ireland to apprehend, and detain until the first day of March one thousand eight hundered and forty-nine, such persons as he or they shall suspect of conspiring against her Majesty's person and govern[25th July, 1848.] Sec. 1. Persons imprisoned in Ireland for high treason, &c. may be detained till the 1st March 1849, and shall not be bailed or tried without an order from the privy council.

ment.

2. Persons to whom warrants of commitment are directed shall detain the persons so committed in safe cus tody. Persons charged with custody, as also place of detention, may be changed by warrant as herein mentioned.

3. Copies of warrants to be transmitted to the clerk of the crown for Dublin.

'Whereas a treasonable and rebellious spirit of insurrec'tion now unfortunately exists in Ireland:' therefore, for the better preservation of her Majesty's most sacred person, and for securing the peace, laws, and liberties of this kingdom, be it enacted, that every person who is, within prison in Ireland on the day this act shall receive her Majesty's royal assent, or after, by warrant of her Majesty's privy council of Ireland, signed by six of the said privy council, for high treason or treasonable practices, or suspicion of high treason or treasonable practices, or by a warrant signed by the Lord Lieutenant or his chief secretary, for such causes as aforesaid, may be detained in custody without bail or mainprize until the first day of March, 1849, and that no judge or justice of the peace shall bail or try any such person so committed without an order from her said Majesty's privy council until the first day of March, 1849, any law or statute to the contrary notwithstanding.

2. That in cases where any persons have been before the passing of this act, or shall be during the time this act shall continue in force, arrested, or detained in custody by warrants of her Majesty's privy council of Ireland, signed by six of the said privy council, for high treason or treasonable practices, or suspicion of high treason or treasonable practices, or by warrants signed by the Lord Lieutenant or his chief secretary, for such causes as aforesaid, any person to whom such warrant have been or shall be directed may detain such persons so arrested or committed in custody in any place whatever within Ireland, and such persons to whom such warrants have been or shall be directed shall be deemed to be lawfully authorized to detain in safe custody, and to be the lawful gaolers and keepers of such persons so arrested, and that such places where such persons so arrested, are or shall be detained in custody shall be deemed to be lawful prisons and gaols for the detention of such persons respectively; and the Lord Lieutenant, by warrant signed by him or the chief secretary of such Lord Lieutenant or by warrant signed by him, or her Majesty's privy council of Ireland, by warrant signed by six of the privy council, may from time to time, change the persons by whom and the place in which such persons shall be detained in safe custody.

3. Provided, that copies of such warrants shall be transmitted to the clerk of the crown in and for the county of the city of Dublin, and shall be filed by him in the public office of the Pleas of the crown in the city of Dublin.