assent, (30th June 1817,) or after, by warrant of the privy council, signed by six of said council, for high treason, suspicion of high treason, or treasonable practices, or by warrant signed by any of his majesty's secretaries of state, for such causes as aforesaid, may be detained in safe custody, without bail or mainprize, until the 1st day of March 1818; and no judge or justice of peace shall bail or try any such persons so committed, without order from the privy council, signed by six of said council, until the said 1st day of March 1818. And by s. 2. the act made in Scotland, Act in Scotland in the year 1701, intitled "an act for preventing wrongous imprisonment, and against undue delays of trials, so treason, suspen- far as the same may be construed to relate to cases of like manner to treason and suspicion of treason, with respect to persons privy council. so committed as aforesaid, shall be suspended until the s. 2. of 1701, so fur us relates to ded, subject in the order of the S. 3. 1818, persons committed to have the benefit of the laws. s. 4. 1st day of March 1818; and, until said day, no judge, justice of peace, or other officer of the law of Scotland, shall liberate, try, or admit to bail, any person that is or shall be in prison within Scotland, under a warrant so signed, and for such causes as aforesaid, without order of the privy council, signed by six of said council. Provided (s. 3.) After March 1, that after 1st March 1818, the said persons so committed shall have the benefit of all laws and statutes in any ways relating to or providing for the liberty of the subjects of this realm. And provided (s. 4.) that nothing in this act Saving for pri- shall extend to invalidate the ancient rights and privileges vileges of members of partia of parliament, or to the imprisonment or detaining of any member of either house of parliament, during the sitting of such parliament, until the matter of which he stands suspected be first communicated to the house of which he is a member, and the consent of said house obtained for his commitment or detaining. And by s. 5. any persons Persons already in prison at the time of passing this act, against whom any bills of indictment for high treason have been already found, shall be tried on the same indictment, as if this act had never passed. And this act recites (s. 6.) that there are divers persons in custody on charges of high treason and suspicion of high treason, under a warrant from one of his majesty's principal secretaries of state, or ment. S. 5. indicted, &c. to be tried. s. 6. Secretary of state may order persons committed for high treason, & to be remov◄ ed to any other gaol. from the privy council, and that it may be highly impor tant that such persons as have been or shall be secured and detained under such warrants, should be kept wholly separate from each other, so as to prevent all communication between them, and with other persons, except such communications as his majesty may think fit to permit, and under such restrictions as may be advisable; and that doubts may arise how far the powers of the principal secretaries of state, to change the places of confinement of persons so committed,extend, &c.; and therefore enacts and declares, that it shall be lawful for one of the principal secretaries of state, as he shall see occasion, to order any person committed to any gaol or other prison on any charge of high treason, suspicion of high treason, or treasonable practices, either before or after indictment found, to be conveyed to and detained in any other gaol, &c. until discharged by due course of law, and to issue all warrants necessary for such purposes: provided that no person who shall be re- Such removal moved by any such warrant, shall be, by means of such not to prejudice their right to be removal, deprived of such right to be tried or discharg- tried or discharg ed as such person would be entitled to, if not so remov- ged. ed; and in every case in which any such person would have been entitled to have been tried or discharged, if such person had continued in the prison to which he was before committed, it shall be lawful for such person to ap ply to be bailed or discharged, in the same manner as if such person had remained in the prison, &c. to which he was before committed. By s. 7. this act shall continue in Act in force till force until 1 March 1818. The 57 Geo. 3. c. 19. G. B. which imposes certain restraints upon assemblies of persons collected for the purpose, or under the pretext of deliberating on public grievances, and of agreeing on petitions, complaints,' remonstrances, declarations, or other addresses to the king, or prince regent, or both houses, or either house of parliament, may be considered as a temporary suspension of the right of petitioning for redress of grievances, which is one of the absolute rights of individuals. But this statute, as well as those framed for the preserving and restoring o peace A 2 s. 7. 1 March 1818, peace in such parts of Ireland as may at any time be disturbed by seditious persons, or by persons entering into unlawful combinations or conspiracies, (54 Geo.3.c. 186. I. and 57 Geo. 3. c. 50. I.) and for the preventing improper persons from having arms in Ireland, (57 Geo. 3. c. 21. I. which continues the 47 Geo. 3. st. 2. c. 54. I.) appear to belong more properly to the head" of offences against the public peace," and are therefore reserved for another part of this supplement. Devises by will for splitting votes void. E. Of the Parliament. P. 26. l. 7. The 7 & 8 W. 3. c. 25. Eng. as far as relates to the splitting and dividing the interest in houses and lands among several persons, to enable them to vote 59 Geo.3.c.49. at elections of members to serve in parliament, is explained and amended by the 53 Geo. 3. c. 49. E. which declares and enacts, that all devises by will, made in such cases and for such purposes as by said act (7 & 8 W. 3. c. 25.) are described,shall be taken to be conveyances within the meaning of said act: provided that this act shall not revoke or defeat any part of any will, other than the devise made void by this act. And provided also (s. 2.) that this act shall not affect any devise made by any testator, &c. whose death took place 20 years before the passing of this act, (21st May 1813.) s. 2. Proviso. Certain free P. 33. l. 33. The law in respect to the registry of freeholders under holds under £20. yearly value, as regulated by the 35Geo.3. £20. subject only to crown c. 29. Ir. and 45 Geo. 3. c. 59. I. is amended by the or quit rents, 57 Geo. 3. c. 131.1.* which recites, that it is expedient that register and persons having freeholds under the yearly value of £20. vote, though not and subject only to crown or quit rent, or arising from fee farm grants, or under a lease or leases for ever, or for entitled to occupying free holds. 57 Geo 3.c.131. S. 21. I. lives * This act by the 37th section confirms and re-enacts all former election acts concerning Ireland, not heretofore repealed, except as herein amended, or altered. ] s. 22. S. 23. lives renewable for ever, should have the power of voting at elections for members of parliament, although they should not reside thereon, or occupy such freeholds by tilling or grazing, to the amount of 40s yearly value thereof; and therefore enacts, that it shall be lawful for persons having freeholds under £20. yearly value, not consisting of a rent-charge, and liable only to crown or quit rents, to register the same in like manner as is provided for persons having freeholds of the yearly value of £20. by the 37 Geo. 3. c. 47. Ir. And by s. 22. such person so regis tering his freehold, shall insert in the oath of registry, the Form of oath for words "forty shillings" instead of the words "twenty upon registersuch freeholders pounds" or "fifty pounds;" and shall add the following ing. words," and that the said freehold does not consist of a rent-charge, and that it is liable to no rent, except 66 crown or quit rent" or "that it arises from a fee farm "grant" or "that I hold it under a lease (or leases) for "lives renewable for ever," as the case may be. And by s. 23. (which refers to the 37 Geo. 3. c. 47. s. 5. Ir. vide P. 85. 1. 27) every person who shall offer to vote by virtue Form of oaths of a freehold under the yearly value of £20. and holding holders at pollfor such freethe same subject only to crown or quit rents, before he be ing. admitted to poll, shall make the same affirmations, and take the same oaths, as are now provided for persons having freeholds of the value of £20: provided that such person shall, in such oaths, make the same alterations and additions as are herein set forth in the oath of registry for such persons. And the oath prescribed by the 37 Geo. 3. c. 47. s. 1. Ir. for persons seised of freeholds not consisting of rent-charges, who shall desire to register them as being of the value of £50. or £20. is altered by this statute 57 Geo. 3. c. 131. I. which enacts (s. 19.) that it shall be lawful for any person who shall desire to register such In registering freehold, to omit in the oath, or affirmation, the name offreeholds of £20 the parish or parishes in which said freehold may be si- name of parish tuated, and to name therein the townland or townlands, or other denomination, by which the place is generally known, wherein the said freehold may be situated. s. 19. or £50. value, may be omitted. P. 37. l. 33. The 57 Geo. 3. c. 131. s. 24. I. recites the Chief magisprovision of the 35 Geo. 3. c. 29. Ir. and 45 Geo. 3. c. 59. I. A 3 trates in cities, &c. shall conwhich tinue to hold the ded, to give free general quarter which requires that every oath or affirmation made and session, for one day, after other subscribed at any session of the peace for registry of any business conclu- freehold, shall be read aloud in open court, and signed by holders an op- two of the justices presiding therein; and further recites, portunity of re- that the number of the justices who are empowered to act 57 Geo.3.c.131, within several of the counties of cities and counties of gistering. S. 24. I. Chief magis trate or deputy that purpose. towns in Ireland, agreeable to the charters thereof, is extremely limited in amount, and often confined, in a great degree, to those who from age and infirmity are incapacitated for active performance of duty; and that it is necessary to provide against any consequent inconvenience or delay of persons possessed of freehold property, who wish duly to register such freeholds; and therefore enacts, that in all counties of cities and counties of towns in Ireland, the mayor or other chief magistrate, or his sufficient deto sit between puty appointed by him pursuant to charter, in case of his 10 o'clock and illness or absence from such city, &c. shall continue to 4 o'clock for hold each general quarter session of the peace for one entire day after the criminal and other business of every such session has been fully transacted, commencing his sitting at ten in the forenoon, for the purpose of registering all such freeholders as present themselves for the purpose, in such manner as now required by law; and the said mayor* shall continue his sitting until the hour of four in the afternoon, and administer all the oaths, and sign all certificates which are now required to render the registry of such freeSignature of holds valid; and the signature of such chief magistrate or chief magistrates sufficient his deputy shall be, of itself, a sufficient attestation of such attestation of registry, in place of the signatures of two magistrates as now required by law, and shall be then and there delivered by such mayor,* or his deputy,to the clerk of the peace, to be filed and kept among the records of the conrt. And by s. 25. s. 25. if such mayor, &c. shall by himself, or his sufficient Penalty on deputy, neglect or wilfully omit to hold any such session, mayor, &c. and on clerk of the or to admit to register their freeholds thereat, such persons, peace for neglect duly qualified, as shall present themselves for that purpose to the said mayor, &c. such mayor or chief magistrate so offending registry. of duty. * "Chief magistrate or his deputy," should it seems have been heres used. |