s. 8. Master of ship, how paid. s. 9. Master of ship to take more sheriff, justice of peace, chief magistrate, or constable, of the county, port, harbour, or place, whither such ship, &c. shall be bound, or first arrive in England. Provided (s. 8.) that no ship, &c. shall be detained in the port, &c. of Dublin, nor the master, or person taking charge thereof, hindered from proceeding on his voyage by virtue of this act, unless a sum not less than 40s, nor exceeding £5. be tendered and paid to such master as a reward for carrying such offender into England, and unless a warrant under the hand and seal of the chief justice, or other justice of the king's bench in England, for the apprehending such offender, be delivered into the hands of such master, &c. together with such offender. And provided (s. 9.) that no master of such ship, &c. shall be not compellable compelled to take on board his ship, &c. more than two such offenders at one time. And by s. 10. the collector of the port of Dublin shall deliver up such bond to the master of such ship, &c. or person taking charge thereof, his executors or administrators, or to any other person who shall deliver unto said collector a writing under the hand of the high-sheriff, under-sheriff, justice of peace, chief magistrate, or constable, to whom such offender shall be delivered in England, with an affidavit at the foot of such writing, of a credible witness, taken before a justice of peace of the county, &c. where such offender shall be delivered in England, or before the chief justice, or other justice of his majesty's court of chief pleas in Ireland, certifying, that the offender mentioned in the condition of such bond, together with the warrant of the chief justice, or other justice of the king's bench in England, for the apprehending of such offender, were duly delivered into the hands of such high sheriff, &c. or one of them. than 2 offenders. s. 10. Bond of master of ship when to be delivered up. P. 1146. l. 32.-By the 48 G eo 3. c. 58. s. 1. G. B. whenever any person shall be charged with any of fence for which he may be prosecuted by indictment or information in the king's bench, not being treason or felony, and the same shall be made appear to any judge of the same court by affidavit, or by certificate of an indictment, &c. being filed against such person in said court for such offence, it shall be lawful for such judge to issue his warrant under his hand and seal, and thereby to cause such person to be apprehended and brought before him or some other judge of same court, or before a justice of peace, in order to his being bound with 2 sureties, in such sum as in said warrant shall be expressed, with condition to appear in said court at the time mentioned in such warrant, and to answer all indictments, &c. for Recognizance such offence; and in case any such person shall neglect required from such party. or refuse to become bound as aforesaid, it shall be lawful for such judge, &c. to commit such person to the common gaol of the county, &c. where the offence shall have been committed, or where he shall have been apprehended, there to remain until he shall become bound as aforesaid, or be discharged by order of court in term time, or of one of the judges of said court in vacation; and the recognizance to be thereupon taken shall be returned and filed in said court, and shall continue in force until such person shall have been acquitted of such offence, or, in case of conviction, shall have received judgment for the same, unless sooner ordered by the court to be discharged; and where any person, by virtue of such warrant of commitment, or by virtue of any writ of capias ad respondendum issued out of said court, is or shall be committed to, and detained in any gaol for Proceeding want of bail, it shall be lawful for the prosecutor of such committed will indictment, &c. to cause a copy thereof to be deliver- not appear and ed to such person, or to the gaoler, keeper, or turnkey ment. of the gaol wherein such person is detained, with a notice thereon indorsed, that unless such person shall, within 8 days from such delivery of a copy of the indictment as aforesaid, cause an appearance, and also a plea or demurrer to be entered in said court to such indictment, &c. an appearance and the plea of not guilty will be entered thereto in the name of such person; and in case he shall, for the space of 3 days after such delivery of a copy of the indictment, &c. neglect to cause an appearance, and also a plea or demurrer, to be so entered, it shall be lawful for the prosecutor, upon an affidavit being made and filed in said court of the delivery of a copy of such indictment, &c. with such notice indorsed thereon as aforesaid, to such person, or to such gaoler, &c. as where party plead to indict the 8 Geo. 1. c. 9. 3. 3. Ir. Reward for ap prehending murderers or robbers. 8. 5. the case may be, (which affidavit may be made before any judge or commissioner of said court authorized to take affidavits,) to cause an appearance and the plea of not guilty to be entered in said court to such indictment, &c. for such person; and such proceedings shall be had thereupon, as if the defendant had appeared and pleaded not guilty; and if upon the trial of such indictment, &c. any defendant so committed, &c. shall be acquitted of all the offences therein charged upon him, it shall be lawful for the judge before whom such trial shall be vad, although he may not be one of the judges of said court, to order that such defendant shall be forthwith discharged out of custody as to his commitment as aforesaid. P. 1161. last line,-The 8 Geo. 1. c. 9. Ir. in analogy to the 6 Geo. 1. c. 23. Eng. provides (s. 3.) that where any murder or robbery shall be committed in the streets of the city of Dublin, or in other counties of cities or towns, or their liberties, or in the highway of any county, a reward not exceeding £20, shall be given to such person as shall apprehend such murderer or robber, so as he shall be convicted; the same to be raised by the presentments of the respective grand juries, and applotted as other public money, and to be distributed as to the judges, &c. before whom such murderer, &c. shall be convicted, shall seem reasonable, to be certified under their hands. And by s. 5. in case any person shall be killed in the If person killed in apprehending pursuit or apprehending any of the offenders aforesaid, such offenders, his executors, then the executors, &c. of the person so killed shall be &c. entitled to entitled to the sum of £20, to be raised by the presentreward. ment of the respective grand juries. And the 17 Geo. 2. c. 6. Ir. provides, (s. 4.) that a sum not exceeding £5, shall be given as a reward to any person who shall appreReward for ap- hend and prosecute to conviction any person guilty of robbery, for which no reward was given by any former law, before the 13 Geo. 2. c. 10. (which is hereby repealed;) which sum shall be raised by presentments of the grand jury at the assizes of the county wherein such robbery shall be committed, as other county charges are raised, or at the quarter sessions for the county of Dublin or county of the city of Dublin, if such robbery 17 Geo. 2. c.6. .. 4. Ir. prehending and prosecuting robbers. shall 8. 5. Constables, &c. conveying pri soners. shall be committed there. And by s. 5. there shall be paid to every constable, who, by virtue of a mittimus under the hand and seal of any justice of peace for treason how paid for or felony, shall carry to and safely lodge in the county gaol any person committed to him by such justice, 3d. a mile for such person; and the like sum shall be paid to 2 protestants armed with fire-arms, who shall go along with such constable to the county gaol to guard such prisoner; which sums shall be raised by the grand juries of the respective counties; and in case there shall be more prisoners than one to be conveyed to gaol, then the said justice shall appoint as many protestants, with firearms to guard such prisoners, as shall be necessary for their safe conveyance to gaol, each of whom shall be entitled to the like sum of 3d. to be raised as aforesaid. be grand jurors, P. 1167. l. 10.-The 6 Ann. c. 6. s. 5. Ir. should have 6 Ann. c. 0. been here referred to, which provides, that no papist s. 5. Ir. shall serve on, or be returned to serve on any grand jury Papists not to in the king's bench, or before justices of assize, oyer unless in defaul and terminer, or gaol delivery, or quarter sessions, unless of protestants. it shall appear to the justices of such courts that a sufficient number of protestants cannot be then had for that service. But this disability amongst others is done away by the 33 Geo. 3. c. 21. s. 1. Ir. (so often referred to) with respect to such Roman catholics as shall take and subscribe the oaths and declaration herein mentioned. one county for in another. P. 1171. l. 15.-By the 25 Hen. 8. c. 3. s. 3. Eng. 25 Hen. 8. c.3. s. 3. Eng. if any person be indicted of felony for stealing of any goods or chattels in any county within the realm, and Persons tried in thereupon be found guilty, or stand mute, or challenge robbery or bur peremptorily above 20 persons, or will not upon his ar- glary committed raignment directly answer to the same felony, such person shall lose the benefit of clergy, in like manner as if he had been indicted, &c. in the same county where the same robbery or burglary was committed, if it shal appear to the justices before whom such felon be arraigned, by evidence or by examination, that the same felony had been such robbery, &c. that he should have lost the benefit of clergy by force of the 23 Hen. 8. c. 1. in case he had been found guilty thereof in the same shire Hen. 8. c. 3. 3 W.& M. c.9. 8. 3. Eng. larceny in ano shire where such robbery, &c. was so committed. And 5 & 6 Edw. 6. the 5 & 6 Edw. 6. c. 10. Eng. recites, that by the I c. 10. Eng. Edw. 6. c. 12. s. 2. Eng. it was enacted, that in all cases of felonies, except as herein excepted, the persons Revival of 25 found guilty, &c. of the same, should have the benefit of clergy, in like manner as they might have done before 24 April in the first year of king Henry VIII. and this statute therefore revives and confirms the 25 Hen. 8. c. 3. s. 3. supra. And it is a provision of the 3 W. & M. c. 9. s. 3. Eng. that if any person be indicted of felony Persons tried in for stealing of any goods or chattels, in any county withone county for in [* England, Wales, or Berwick,] and be convicted or attainted, or upon his arraignment shall stand mute, or will not directly answer to the indictment, or shall challenge peremptorily above 20 of the jury, he shall be excluded from benefit of clergy, if it appear in evidence or upon examination before the justices, that the said goods, &c. were taken by robbery or burglary, or in any other manner, in any other county, whereof if such person had been convicted by a jury of said other county, he would be excluded, by this or any other act, from the benefit of clergy. And the 9 W. 3. c. 7. Ir. contains a similar provision. ther. Ireland in 9 W. 3. c. 7. Ir. 9 W. 3. c. T. s. 3. Ir. 51 Geo.3.c.100. s. 1. G. B. Persons convict P. 1184. l. 37.-The 51 Geo. 3. c. 100. G. B. recites the 38 Geo. 3. c. 52. Eng. and enacts, that it shall be lawful for the court before which any conviction ed in pursuance shall have taken place in pursuance of the 38 Geo. 3. of 38 Geo. 3. c. 52. to order every such convict to be punished according to law, either within the county where such conviction tried, or in city, shall have taken place, or within the county of the city fence committed. or town corporate where such offence shall have been c. 52. may be punished in county where c. where of committed; and in cases where the court shall order such convict to be punished within the county of such city, &c. it shall be lawful for the court, after passing sentence upon such convict, to order him to be delivered into the custody of such sheriff, gaoler, or other proper officer of the county of such city, &c. and such sheriff, &c. shall receive into his custody such convict, and execute such sentence upon him, in such adjoining county, as if he had been tried, &c. in the county of such city, &c. |