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S. 14.


5. 15.

upon the sea, or their confederates or accessaries, within any of the said plantations, in order to their being brought to trial within the same, or any other plantation in America. or sent into England: and all governors, and persons in authority in the plantations governed by proprietors, or under charters, shall assist the cominissioners and their officers, and deliver up any pirates, &c. and their confederates, &c. in order to their being tried or sent into England. And by s. 14. if any of the governors in the plantations, or persons in authority there, shall re- Penalty on gofuse to yield obedience to this act, such refusal shall be vernor, &c. of

planlations nos a forfeiture of all charters granted for the government or yielding obes propriety of such plantation. And by s. 15. when any commission for the trial and punishment of the offences offences horo aforesaid, shall be directed to any place within the juris-cinque ports.

tried within the diction of the cinque ports, such commission shall be directed to the lord warden, or his lieutenant, and such other persons as the lord chancellor shall name; and every inquisition and trial to be had by virtue of such commission shall be by the inhabitants of the cinque ports, or the members of the same. By the 4 Geo. 1. c. 4 Geo. 1. c. 11.

s. 9. Eng. il. s. 9. Eng. all persons who shall commit any offences

Offenders for which they ought to be adjudged pirates, by the 11 against 11 & 12

W. 3. c. 7. may & 12 W. 3. c. 7. may be tried as by the 28 Hen. S. be tried under c. 15. is appointed, and shall be debarred from the benefit 28 Hen. 8.c.15. of clergy. The 46 Geo. 3. c. 54. U. K. recites, that 46 Geo. 3.c.54. easons, murders, and other felonies and misdemeanors

Any offences not mentioned in the 11 & 12 W. 3. supra, cannot be committed upon tried by virtue of any commission directed under that act, tried by the

king's cummisa but the persons committing the same in places remote, sion in any of

his islands, &c. can only be brought to trial under that act, by sending them to England to be tried under the 28 Hen. 8. c. 15. Eng. and therefore provides, that all treasons, piracies, felonies, robberies, murders, conspiracies, and other offences, of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place, where the admirals have jurisdiction, may be inquired of, &c. according to the common course of the laws of the realm, used for offences committed upon the land, in any of his majesty's islands, plantations, colonies, dominions, forts,

. .

U. K.


17 Ric. 2.

or factories, by virtue of the king's commission, under the great seal of Great Britain, to be directed to such 4 or more discreet persons as the lord chancellor shall appoint; and such commissioners, or any 3 of them, shall have the like powers for the trial of all such murders, &c. and other offences, within such island, &c. as any commission rs appointed according to the directions of the 28. Hen. 8. c. 15, would have for the trial of said offences within the realmı; and all persons convicted of any of said offences so to be tried by virtue of any commission to be made according to the directions of this act, shall be suliject to all such pains, &c. as, by any law. now in force, persons convicted of the same would be liable to if tried by virtue of the 28 Hen. 8. c. 15.

P. 1108. 1. 35,-The 17 Ric. 2. c. 10. E. & I. pro

vides, that in every commission of the peace, where need Commissioners shall be, two men of law, of the same county where such of gaol delivery. commission shall be made, shall be assigned to proceed

to the deliverance of thieves and felons abiding in prison.

P. 1109. 1. 3.-The 12 Geo. 2. c. 27 Eng. should have

been here stated, which enacts, that it shall be lawful for Justices of over the chief justice and justices of either bench, and for the and terminer, chief baron and other barons of the exchequer, and for 6. may act in

any other person learned in the law, who shall be appointed justice of oyer and terminer, or gaol delivery, in any county in England, to exercise such office in such county, notwithstanding they shall have been born or do inhabit within such county; and they shall not be liable to any penalty for so doing, notwithstanding the 8 Ric. 2.c. 2. and 33 Hen. 8. c. 24.

P. 1113. 1. 9.-The 2 Geo. 1. c. 17. Ir. provides

(s. 18.) that the master and keeper of every house of Keepers of correction, or work-house, at every general quarter sestion, &c. to re. sions of the peace, to be held for the county, &c. wherein turn culendars such house of correction, &c. is, shall deliver to the justices of prisoners lo

at said sessions an exact calendar or account of the names of every person in his custody, in writing signed by him, together with the time when, and for what, and by whom committed, upon pain of forfeiting £5. to such person as shall be in his custody, and not returned in calendar,


19 Geo. 2.c. 27

muniy where


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2 Geo. 1. c. 17.
s. 13. Ir.

houses of correc



without bill

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E, & I.

to be recovered before the next going justices of assize and gaol delivery, in a summary way, or at the next quarter sessions in the county of Dublin, by civil bill. P. 1120. l. 23.--The 3 & 4 Edw. 6. c. 1. Eng. 3 & 4 Faw. the

c. l. Eng. amends the 37 Hen. 8. c. 1. Eng. by providing, that the lord chancellor shall, without any bill signed with the Chancelier momyn king's band, appoint such persons to be custos rotulorum

ed by the king, within every shire as shall be thought meet. And the appoint custos person so appointed may exercise the office by deputy, in as ample a manner as if the 37 Hen. 8. c. 1. had been made. Provided (s. 5.) that the archbishop of York, the bishop of Durham, the bishop of Ely, the chancellor

Picoison of, the duchy of Lancaster, and all persons to whom the king or his progenitors by letters patent or act of parliament have granted any liberty to ordain any of the said officers of custos retulorum, shall enjoy the same liberty.

P. 1122. last line. The jury of the court-leet or view 18 1.dw. 2 of frankpledge are required by the 18 Edw. 2. E. & 1. to present upon their oaths : First, if all the suitors that Matters preowe suit to this court be come, and which not: If all the sentable bu junge

of cuuntaleetan chief pledges be come, as they ought to come, and which not: If all the dozeins be in the assize of the king, and which be not, and who received them: Of customs and services due to this court withdrawn, how and by whom, and in wiat bailiff's time: Of purprestures made in lands, woods and waters, to annoyance: Of walls, bouses, dikes, and liedges set up, or beaten down, to annoyance: Of bounds taken away: Of ways opened or stopped : Of waters turned or stopped: Of breakers of houses and their receivers : [* Of common thieves and their receivers :] Of* Not in origi

nal. Vide Raft petty thieves, as of geese, hens, or sheaves of corn: Of head's statues thieves that steal clothes through windows or walls: Of such as go in message for thieves: Of hue and cry levied and not pursued : Of bloodshed and of frays : Of escapes of thieves or felons :. Of persons vutlawed, and returned not having the king's warrant : Of women ravished, not presented before the coroners: Of clippers and forgers of money : Of treasure found : Of the assize of bread and ale broken: Of false measures: Of false balances : Of such as have a double measure, and buy


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E. & I.

by the greater, and sell by the less : Of such as haunt taverns, and no man knoweth whereon they live : Of such as sleep by day, and watch by night, and have nothing : Of cloth-sellers and curriers of leather, dwelling out of market-towns : Of persons imprisoned and let go without warrant: Of such as take doves in winter by door-lalls or

engines. 1 Hen, 7.c. 4.

P. 1128. last line.-By the 1 Hen. 7. c. 4. E. & I. it

shall be lawful to all archbishops and bishops, and other Incontinency of

ordinaries having episcopal jurisdiction, to punish and priests, &c. piso chastize such priests; clerks, and religious men, being nished.

within the bounds of their jurisdiction, as shall be convicted before them, by examination and other lawful proof requisite by the law of the church, of adultery, fornication, incest, or any other fleshly incontinency, by committing them to ward and prison, there to abide for such time as shall be thought to their discretions convenient for the quality and quantity of their trespass; and that none of the said archbishops, &c. be thereof chargeable

of, to, or upon any action of false imprisonment. Revenue juris

P. 1129. l. 10 to 18.-The English statutes 7 & 8. W.3. c. 30. 6 Geo. 1. c. 21. 1 Geo. 2 st. 2. c. 16. 9 Geo. 2. c. 35. and 32 Geo. 2. c. 17. should have been here referred to: And the 49 Geo. 3. c. 116. I. contains several provisions respecting the jurisdiction of the commissioners and sub-commissioners of the revenue of Ireland.

P. 1134.1.2.- The 5 Hen. 4.c. 10. E. & I. should have

been here stated, which enacted that none should be imNone lo be imprisoned out in prisoned by any justice of peace but only in the common common gaol. gaol, saving to lords, and others which have gaols, their

franchises. 26 Geo. 3.'c. 45.

P. 1134. I. 23.—The 26 Geo. 3. c. 45. Ir. provides,

(s. 3.) that it shall be lawful for the magistrates of the reMagistrates spective counties, &c. to commit any persons charged may commit

before them with felony or other crime, to any bridewells persons charged

built or to be built or repaired as in this act mentioned; bridewells.

and the keepers of such bride wells shall receive such persons so committed to their custody; and such keepers shall be liable to all fines and penalties imposed on gaolers, who shall suffer any person to break gaol or escape. By


5 Hen, 4. c. 10. E. & I.

S. 3. Ir,

with crimes to

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s. 5.


s. 6.

ed by county.


persons than

s. 4. the sheriffs of the respective counties, &c. shall have Sheriffs to have

the superintendthe superintendance of such bridewells. And by s. 5. ance of bridethe sheriffs of each county shall take the charge of transmitting to their county gaols, all persons confined in such

Sheriffs to trans bridewells, twice at least in every year, or oftener if need mit to county shall be, previous to the assizes or general gaol delivery confined in such to be held for each county: And by s. 6. the grand juries bridewells. of said counties s all grant such presentments as shall be

Ernense defraynecessary to defray the expense of transmitting such prisoners. P. 1140. 1. 25,- The 48 Geo. 3. c. 58. G. B. enacts 48 G-0.3 c.58.

$. 2. G. B. (s. 2.) that all clauses, matters and things in the 13 Geo.

Escape warrants 3. c. 31. Eng. and 45 Geo. 3. c. 92. G. B. whereby the issuuble by other execution in Scotland of any warrant issued by any jus-justices of peace. tice of peace in England for any crime or offence against the laws of that part of the united kingdom, shall extend to all warrants issued by any of the justices of the king's bench in England, or of the courts of great sessions in Wales, or by any justice of oyer and terminer or gaol delivery, or other person having authority to issue the same in England, for any crime against the laws of England.

P. 1140. 1. 25.—The 8 Geo. 1. c. 9. Ir. provides (s. 7.) 3 Gen. 1. c. 9. that where any person shall be apprehended in any part of this kingdom, against wliom any warrant in writing Fenders appre

hended by warunder the hand and seal of the chief justice or other jus-rant of chief justice of the king's bench in England, for the apprehend- howl ansmird.

tice of England, ing such person for robbery or any other capital crime committed in England, shall have issued, it shall be lawful for the chief governor of Ireland, by writing under his hand, to detain any ship, &c. belonging to any merchant or trader residing or inhabiting in Ireland, lying in the port or harbour of Dublin, and bound for any port or place in England, until the master or person taking charge of such ship, &c. shall take such oflender on board his ship, &c. and shall enter into a bond to his majesty before the collector of the port of Dublin of the penalty of £200, conditioned for the safe custody, conveying, and delivery of such offender (the danger of the seas and of enemies excepted) into the hands of the high sherifi, under


s. 7. Ir.



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