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s. 3.

Proviso.

s. 4.

indictments of trespass. Provided (s. 3.) that this act shall not be prejudicial to lords of liberties, or bodies corporate, as to their right to forfeitures. By s. 4. all Bet proclaimed. mayors, bailiffs, sheriffs, and other head officers, shall, 4 times in the year, viz. in every quarter, make proclamation of this act, in every market within their jurisdictions; and also the justices of gaol delivery, assizes, and justices of peace, in their circuits or sessions.

3 Ann. c. 3. *. 26. Ir.

sons contrary to

P. 751. l. 1.-The 8 Ann. c. 3. s. 26. Ir. recites the provision of the 6 Ann. c. 16. s. 6. Ir. here stated, and Fopish priests enacts, that if any popish priest shall be prosecuted for marrying per offending contrary to said statute, and that it doth appear 6 Arn. c. 16. that any one of the said persons so married, was a propresumed to have offended know-testant, it shall be presumed and concluded to all intents ingly. and purposes, that such popish priest did celebrate matrimony between the said persons, knowing at the time of such marriage that one of them was of the protestant religion, unless the said popish priest can produce and prove a certificate under the hand and seal, or hands and seals, of the minister or ministers of the parish or parishes where the parties so married did, at the time of said marriage, respectively inhabit or reside, certifying that the said person or persons were not of the protestant religion at the time of the celebration of said marriage. But it seems to be questionable how far this provision of the 8 Ann. c. 3. is not conditionally repealed or superseded by the 21 & 22 Geo. 3. c. 24. s. 5. Ir. vol. 2. p. 424-5. P. 778. l. 4.—The 49 Geo. 3. c. 124. E. provides, that whereever the execution of any order of removal, or of Where order of any vagrant pass, shall be suspended by virtue of the 35 Geo. 3. c. 101. Eng. that it shall be lawful for any other justice of peace of the jurisdiction within which such removal or pass shall be made, to direct that the same shall be executed, and the charges paid, and to carry into execution any such amended orders, as effectually as the justices who made such order of removal, &c. And by s. 2. when such order of removal shall be suspended, the time of appealing against such order shall be computed, according to the rules which govern other like cases, from the time of serving such order, and not

49Geo.3.c.124. 8. 1. E.

removal or va

grant has suspended, any other justice of the county, &c. may order the

sume to be executed.

s 2.

Time of arpeal ing how computed.

from

s. 3.

Suspension of

order, &c. in

may extend to

from the time of making such removal under the same. By s. 3. where any order of removal, or vagrant pass, shall be so suspended, on account of the dangerous sickness or infirmity of any person thereby directed to be removed case of sickness, or passed, the execution of such order shall also be sus- others of the fapended, for the same period, with respect to every other mily. person named therein, who was actually of the same houshold or family of such sick or infirm person, at the time of such order of removal, &c. made or granted.

E.

may mitigate the

Geo. 3. c. 107.

P. 829. l. 34.-The 51 Geo. 3. c. 120. E. provides, 51Geo.3.c.120. that on the conviction of any offender, under the 42 Geo. 3. c. 107, for wilfully coursing or hunting, or taking Magistrates in any slip, noose, toil, or snare, or killing, wounding, penalty in 42 or destroying, or shooting, or otherwise attempting to for killing, &c. kill, &c, or carrying away any red or fallow deer, kept deer in the unenclosed parts of or being in the unenclosed part of any forest, chase, pur- forests, &c. lieu, or ancient wall, without the consent of the owner of such deer, or without being otherwise duly authorized, or for knowingly being aiding, abetting, or assisting therein; it shall be lawful for the magistrate by or before whom such offender shall be convicted, to mitigate the penalty thereby imposed for the first offence to any sum not less than £20; to be levied in manner directed by the said recited act,

venison.

P. 829. l. 34.-The clause of the 16 Geo. 3. c. 30. 9 Gen. 1. c. 22. Eng. here stated, seems to supersede the 11th section of s. 11. Eng. the 9 Geo. 1. c. 22. Eng. which provides, that it shall be Search for stolen Jawful for any justice of peace to issue his warrant to any peace officer to enter into any house, to search for venison stolen or unlawfully taken contrary to the several statutes against deer-stealers, in such manner as he may issue a warrant to search for stolen goods.

E. & 1.
Homicide by

P. 902. l. 10.-The 52 Hen. 3. c. 25. E. & I. enacts, 52 lien.3.c.25. that murder shall not be adjudged in cases of misadventure only, but in respect to such as are slain by felony, misadventure. and not otherwise.

P. 916. l. 5 The 8 Ann. c. 3. s. 26. Ir. which is 8 Ann c. 3.

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stated ante p. 118. is to be here also referred to.

s. 26. Ir.

P. 916. l. 28.--The 9 Geo. 2. c. 11. Ir. provides, (s. 7.) 9 Geo. 2. c. 11. that nothing herein shall lessen or take away any of the

penalties

s. 7. Ir.

No indictment, e. for words

2 calendar

months.

s. 1. Ir.

s. 2.

penalties or disabilities inflicted against any persons who contract, celebrate, or are present at any clandestine marriage, by virtue of any of the laws or statutes now in force.

P. 919. l. 16.—With respect to criminal prosecutions spoken, unless for words, the 2 Geo. I. c. 20. Ir. provides (s. 1.) that no information in person shall be prosecuted for any words that shall be spoken, by indictment or information, unless information 2 Geo. 1. c.20. of speaking such words be given upon oath before a justice of peace of the county, &c. where such words shall be spoken, within a calendar month, or before one of the judges of his majesty's court of chief place, within 2 calendar months after the words are spoken. And by s. 2. upon such information, if the case shall require it, the chief justice, or other judge of the king's bench, or such justice of peace, shall issue his warrant for apprehending and bringing the person so accused before him, or some other of his majesty's justices of peace of the county, &c. where such words shall have been so spoken; and the chief justice, &c. before whom he shall be so brought, shall oblige him to appear the next term, ašsizes, or sessions, which shall be held for the county, &c. where such words shall be spoken, in order to his trial.

Warrant there

upon.

5 Eliz. c. 10. Eng.

P. 923. l. 25.-The 5 Eliz. c. 10. Eng. should have been referred to as specially reviving the 21 Hen. 8. c. 7. Revival of 21 Eng. which was repealed by the 1 Mar. st. 1. c. 1. Eng. (amongst the other statutes creating felonies, which were passed after the first year of the reign of king Henry VIII).

Hen. 8. c. 7.

51Geo. 3. c.38. I.

Servants or

clerks secreting

monty, &c. of

their masters or employers, how punished.

P. 924. 1. 33.-The 51 Geo. 3. c. 38. I. enacts, with respect to Ireland, (in a manner nearly corresponding to the 39 Geo. 3. c. 85. Eng.) that if any servant or clerk, or any person employed for the purpose or in the capacity of a servant or clerk, to any person or body corporate, shall, by virtue of such employment, receive or take into his possession, any money, goods, bond, bill, note, banker's draft, or other valuable security or effects, for or in name or on the account of his master or employer, and shall fraudulently secrete or make away with the same, or any part thereof, such offender shall be deemed guilty

the

of

of a misdemeanor, and to have embezzled the same from his said master or employer, for whose use, or in whose name, or on whose account, the same was delivered to or taken into the possession of such servant, &c. although such money, &c. was no otherwise received into the possession of such master, &c. than by delivery into the actual possession of his servant, &c. for the use of his master; and every such offender shall be liable to be transported to such parts beyond the seas, as his majesty, with the advice of his privy council, shall appoint, for any term not exceeding fourteen years, in the discretion of the court before whom such offender shall be convicted or adjudged.

money, embez

P. 930. l. 36.-By the 50 Geo. 3. c. 59. U. K. if any 50 Geo.S.c. 59. person to whom any money or securities for money shall U. K. be issued for public services, shall embezzle such money, Persons entrustor in any manner fraudulently apply the same to his own ed with public use or benefit, or for any purpose whatever, except for aling the same, how punished. public services, every such offender shall be guilty of a misdemeanor, and shall be transported beyond the sea, or receive such other punishment as may by law be inflicted on persons guilty of misdemeanors, and as the court shall adjudge. And if any such officer, collector, or reCollectors, &c. ceiver, entrusted with the receipt, custody, or manage- making false returns also pu ment of any part of the public revenues, shall knowingly nishable. furnish false statements or returns of the sums of money collected by him, or entrusted to his care, or of the balances of money in his hands, or under his control, such officer, &c. shall be guilty of a misdemeanor, and shall be adjudged to suffer the punishment of fine and imprisonment, at the discretion of the court, and be rendered for ever incapable of holding any office under the

crown.

P. 955. l. 7.-The 3 Geo. 2. c. 4. Ir. enacts, (s. 3.) that s Geo. 2. c. 4. if any person shall steal or take by robbery any exche- s. 3. Ir. quer acquittance, debenture, bills of exchange, gold- Felony to steal smiths' or bankers' notes for payment of money, bonds, exchequer ac warrants, bills, or promissory notes for the payment of and other choses money, being the property of any other person, or of any corporation, (notwithstanding any of said particulars are

quittances, &c.

in action.

termed

49Geo. 3.c. 122.

s. 12. E.

Cutting away,

Cr. buoys, &c. how punished.

s. 13,

Persons pur

mit

termed in law a chose in action) it shall be deemed to be felony of the same nature and degree, and with or without benefit of clergy or of the statute, as if the offender had stolen or taken by robbery any other goods of like value with the money due on such exchequer acquittance, &c. or secured thereby, and remaining unsatisfied. P. 961. l. 2.-By the 49 Geo. 3. c. 122. s. 12. E. &c. if any person shall wilfully cut away, cast adrift, remove, alter, deface, sink or destroy, or shall do or comany act, with intent and design to cut away, &c. or in any other way injure or conceal any buoy, buoy-rope, or mark belonging to any ship or vessel, or which may be attached to any anchor or cable belonging to any ship, &c. whether in distress or otherwise, such offender shall be guilty of felony, and be liable to be transported for any term not exceeding 7 years, or, in mitigation of such punishment, to be imprisoned for any number of years, at the discretion of the court in which the conviction shall be made. And by s. 13. if any person shall knowingly and wilfully, and with intent to defraud and injure the true owner thereof, or any person interested therein, purchase or receive any anchors, cables, or goods or merchandize, which may have been taken up, weighed, swept for, or taken possession of, whether the same shall have belonged to any ship, &c. in distress, or otherwise, or whether the same shall have been preserved from any wreck, if the directions herein-before contained with regard to such articles, shall not have been previously complied with, such person shall be deemed guilty of receiving stolen goods, knowing the same to be stolen, as if the same had been stolen on shore, and suffer the like punishment as for a misdemeanor at common law, or be liable to be transported for 7 years, at the discretion of the court before which he shall be tried.

chasing, &c. anchors, &c. when punished as receivers of stolen goods.

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*This refers to s. 1. which requires a particular report in writing to be made of the time and place when and where any anchors, &c. were found, to the deputy vice admiral, or his agent, and all such articles to be delivered into a proper warehouse or place, (to be appointed by the vice admiral of each county,) within 48 hours after arrival at any port or place, or before leaving the port, if such person shall quit it before that time shall expire, upon pain of being deemed guilty of receiving goods knowing them to be stolen.

f

P. 969'

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