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c. 14. Ir.

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Justices of gaol slaughter, rape, or other felony, for which judgment of delivery may death should or may ensue, and shall be reprieved to give judgment of death against prison without judgment at that time given against him ; guilty at a for- those persons that at any time hereafter shall, by the mer commission. king's letters patent, be assigned justices to deliver the

gaol where any such person found guilty shall remain, shall have full power to give judgment of death against such person, as the same justices (before whom such person was found guilty,) might have done, if their com

mission of gaol delivery bad continued in force. And 10 Car. 1. st.2. the 10 Car. 1. st. 2. c. 14. Ir. contains à corresponding clause.

But this Irish statute further provides, W'here prisoner that where any person shall be adjudged and condemned reprieved, or

of any manner of treason or felony, and shall be repited, justices of prieved, or the execution respited for any cause, every gaulunder subsequent person which shall by the king's commission be assigned awud execu- justice to deliver the gaol where any such person so

condemned shall remain not executed, shall have power to award execution upon such judgment against every person so condemned, as the same justice before whom such judgment was given might have done, if no cause had appeared to him for the stay, respiting or deferring of the execution, and as if his commission of gaol

delivery had continued in force. The i Ann. st. 1. c. 8. C. 8. s. 5. Eng. Eng. is to be here stated which provides (s. 5.) that by the

demise of the king or queen of this realın, (no commisof øyer and ter- sion of assize,] oyer and terminer, general gaol delivery, miner, &c. not determined by or of association, writ of assistance, or commission of the demise of the

peace, shall be determined, but shall continue for 6 months, unless superseded by the successor; [and no original writ, writ of nisi prius, 'commission or proceedings in or issuing out of any court of equity,]. nor any process upon any inquisition, nor any.certiorari, or habeas corpus; nor any writ of attachment or process for contempt, nor any commission of delegacy or review for any matters ecclesiastical, testamentary, or maritime, or any process thereupon, shall be determined by the demise of the crown. And by s. 4. no writ, plea, or process upon any indictment, or information for a misdemeanor, (or any

* Vide 1 Edw. 6. c. 7. $: 6. Eng. ante, p. 216.

1 Ann. st. 1.




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writ, process, or proceeding for any debt or account that No process upon

indictment, &C.
shall be due to the crown, for any lands or other reve-

discontinued by
nue,] that shall be depending at the time of the demise demise of the
of the crown, shall be discontinued or put without day by
reason of their deaths or demises. By s. 6. this act shall ex-
tend to Ireland, Jersey, Guernsey, and other dominions

Act extends to
of the crown. And this statute is adopted in Ireland by king's duminions ,
the 21 & 22 Geo. 3. c. 48. Ir. And with respect to
justices of assize, it was provided by the 27 Edw. 1.
st. 1. c. 3. E. &. I. that justices assigned to take assizes, c. S. E. & I.
in every county where they take assizes, immediately

Justices of assize
after the assizes taken in the shires, shall remain both empowered to

deliver gaols,
together if they be lay; and if one of them be a clerk, &c.
then one of the most discreet knights of the shire, being
associate to him that is a layman by the king's writ,
shall deliver the gaols of the shires, as well within liber-
ties as without, of all manner of prisoners, after the forın
of the gaol-deliveries of those shires before used. And the
same justices shall inquire then, if sheriffs, or any other,
have let out by replevin prisoners not replevisable,
or have offended in any thing against the 3 Edw. 1.
c. 15. post. chap. 19. and whom they shall find guilty
they shall punish according to the 3 Edw. 1. And the
2 Edw. 3. c. 2. E. & I. recites, that offenders had been 2 Edw. 3. c.
greatly encouraged, because the justices of gaol-delivery E. & L.
and of oyer and terminer had been procured by great
men against the form of the 27 Edw. I. supra; and
enacts, that such justices shall not be made against
the form of the said statute. The 4 Edw. 3. c. 11. E.
& I. 1 Ric. 2. c. 7. E. & I. and 32 Hen. 8. c. 9. Eng. which
have been already stated, ante p. 600-1-2. are to be here
referred to. And by the 20 Edw. 3. c. 6. E. & I. the jus- 20 Edw. 3.c.6.
tices assigned to take assizes shall have commissions suf-
ficient to inquire in their sessions, of sheriffs, eschea-
tors, bailiffs of franchises, and their under-ministers, and
also of maintainers, common embracers, and jurors in
the country, and of the gifts, rewards, and other profits,
which the said ministers do take of the people to execute
their office, and for making the array of panels, putting
in the same suspected jurors, and of maintainers, em-

110 62



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E. & I.

E. & I.

bracers, and jurors who take gifts and rewards of the 23 Hen. 6.c.10. parties. And the 23. Hen. 6. c. 10. E. & I. which pro

hibits sheriffs, under-sheriffs, clerks, bailiffs, gaolers, coroners, stewards, bailiffs of franchises, and other officers and ministers, from extorting money for omitting to arrest or attach any party by virtue of their office, or shewing ease or favour to those who shall be arrested, or by admitting persons to bail, or denying them the benefit of it, provides, that justices of assize in their sessions, &c. shall have power to inquire, hear and determine, of office, without special commission, of and upon all of them that do contrary to these ordinances. And by other statutes, several of which will be found in the preceding parts of this work, justices of assize are

authorized or directed to exercise a criminal jurisdiction 14 Hen. 6. c. 1. in sundry cases. By the 14 Hen. 6. c. 1. E. & I. the

justices before whom inquisitions, inquests, and juries, Jurisdiction of shall be taken by the king's writ of nisi prius, shall have

before whom inglore power in all cases of felony and treason, to give their judg

inquisitions, &'c. shall ments, as well where a man is acquitted of felony or treabe taken by nisi prius. son, as where he is thereof attainted, the day and place

where the said inquisitions, &c, be so taken, and then from thenceforth to award execution to be made by force of the said judgments.

VI. Next as to the court of the general quarter sessions Quarter sessions of the peace. The 2 Hen. 5. st. 1. c. 4. E. & I. provides, when to be held. that the justices of the peace in every shire named of the 2 Hen. 5. st. 1. quorum, shall be resiant within the same shire, (except

lords named in the commission of the peace, and also

except justices of the one bench and of the other, the Proviso as to re- chief baron of the exchequer, serjeants at the law, and

the king's attorney, for the time that they shall be occupied in the king's service) and shall make their sessions 4 times by the year, viz. in the first week after Michaelmas, Epiphany, Easter, and the translation of St. Thomas the Martyr, and oftener if need be; and that the same justices shall hold their sessions

throughout England in the same weeks every year. 12 Ric. 2. c.10. And by the 12 Ric. 2. c. 10. E. & !. they were also

required to keep their sessions in every quarter of the year at the least, by 3 days, upon pain to be punished

f. 6.


c. 4. E. & 1.

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at of the peace.

11 Hen. 6. c.6.

at the discretion of the king's council, at the suit of every man that will complain. The time of holding the sessions of the peace in Ireland is regulated by the 38 Geo. 3. c. 25. s. 1. Ir. ante p. 64. The 34 Edw. 3. c. 1. E. & I. and the other statutes which have been stated vol. ). p. 240 to 251. and p. 590 to 592. are to be here also referred to: others also will be found in a subsequent chapter, but the following are proper for this place.

The 11 Hen 6. c. 6. E. & I. recites, that divers pleas Suits, &c. beand processes depending before justices of peace bave fore justices not

discontinued by been often discontinued by making of new commissions new commission of the peace in those counties, in delay of the same pleas and suits, &c.; and enacts, that in all such pleas, E. & I. suits, and processes before justices of peace, the said pleas, &c. shall not be discontinued by such new commissions of the peace, but those pleas and processes shall stand in force. And the justices in such new commissions assigned, after they shall have the records of the said pleas and processes before them, shall have power to continue the same pleas and processes; and the same pleas, &c. and all that depend upon them, to hear and determine, as the other justices might have done, if no new commission had been made. And the other statutes already stated vol. 1. p. 248–9, and ante p. 1110. are to be here referred to.

To prevent delays of proceedings at the quarter ses- Certiorari to resions of the peace, the 5 & 6 W. & M.c. 11. s. 2 Eng. * ings before jus

move proceedenacts, that in term time no writ of certiorari, at the pro- rices, how ob,

, secution of any party indicted, shall be granted out of 5 & 6 W.& M. the king's bench, to remove any indictment, or present-11. s. 8 & 4.

Eng. ment of trespass or misdemeanor, before trial had, from before [+the justices in sessions,] unless such certiorari shall be awarded upon motion of counsel,I and by rule of court made for the granting thereof, in open court; and all the parties indicted prosecuting such certiorari, before the allowance thereof, shall find 2 sufficient manu


c. 4. Ir.


* This statute supersedes the 21 Jac. 1. c. 8. 7. Eng. + “ Justices in the courts of g neral assizes or quarter se:s ons of the peace,” in 8 Ann. c. f, Ir.

I“ On affidavit,” here added in 8 Ann. Co 5. Ir.

captors, who shall enter into a recognizance [*before a justice of peace of the county or place] in the sum of £20. with condition at the return of the writ to appear and plead to the said indictment or presentment in the king's bench, and at their own costs to procure the issue that shall be joined upon the said indictment, &c. or any plea relating thereto, to be tried at the next assizes to be held for the county wherein the said indictment, &c. was found, after such certiorari shall be returnable; and if in the cities of [+ London, Westminster, or county of Middlesex,] then to cause it to be tried the next term after wherein such certiorari shall be granted, or at the sitting after the said term, unless the court shall appoint

another time, and if so then at such time ; and to give +" Attorney”

due notice of such trial to the prosecutor or his (Iclerk] in 9 Anu.c. 5. in court: And the said recognizance shall be certified

into the king's bench, with the certiorari and indictKecognizance to ment, to be there filed; and the name of the prosecutor, be certified, &c.

(if he be the party grieved) or some public officer, shall be indorsed on the indictment: And if the person prosecuting such certiorari, being the defendant, shall not, before allowance thereof, procure such manucaptors to be so bound in a recognizance, the justices, &c. shall proceed to trial at said sessions notwithstanding such certiorari delivered. By s. 3. if the defendant prosecuting

the writ of certiorari be convicted of the offence for Defendant pro., which he was indicted, then the court of king's bench seculing the writ of certiorari to shall give reasonable costs to the prosecutor, if he be the pry costs, if con

party grieved, or be a justice of peace, mayor, bailiff, constable, headborough, tithingman, churchwarden, or overseer of the poor, or other civil officer, who prosecutes on account of any thing that concerns him as an officer, to be taxed according to the course of said court, who shall; for the recovery thereof, within 10 days after demand and refusal of payment, on oath, have an attachment granted ; and the recognizance shall not be discharged till the costs are paid. And by s. 4. in the


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8. 4.

*“ Before the justices to whom the same shall be delivered” in 8 Ann. 1.3. Ir.

" County of Dublin, and county of the city of Dublin,” in 8 Ann, c. 5. Ir.

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