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1. 2.

such count to

&c. And by s. 2. the justices of oyer and terminer, or general gaol delivery, at any session thereof holden for such county, shall order all expenses incurred by such Treasurer of county, in relation to any person who shall be tried in be repaid the such county, or removed thither for trial, for any offence expenses. charged to have been committed within the county of such city, &c. as well in maintaining such person, and carrying the sentence into execution, as in every other respect, to be repaid to the treasurer of such county, or other person acting as such, or who shall have actually paid such expenses, by the same persons, and in the same manner, as the same would have been payable if such offender had remained and been tried, and the sentence executed, within the county of such city, &c.

P. 1187. l. 5.-That proceedings to outlawries in cri- 4 & 5 W. &M. minal cases may be as public as in civil causes; the 4 &c.22.8.4. Eng. 5 W. & M. c. 22. Eag. provides, (s. 4.) that upon the issuing of any exigent for any criminal matter, before Upon issuing judgment or conviction, there shall also issue a writ proclamation, bearing the same teste and return, to sheriff of the county, &c. where the person in the record is mentioned to be, according to the 31 Eliz. c. 3. (ante p. 193); which writ shall be delivered to the sheriff 3 months before the return of the same.

of an exigent, a writ of procla the mation also to

issue.

18Edw. 3 st.1.

Process of exigent in what

cases to issues

P. 1190. l. 2.-By the 18 Edw. 3. st. 1. E. & I. of receivers of the king's money, who the same retain; E. & I. also of conspirators, confederators, and maintainers of false quarrels; also of them that bring routs into the presence of justices, or other the king's ministers, or elsewhere in counties, in affray of the people; and of them which bring in false money in deceit of the people ; against all those in case they may not be found, nor brought in to answer by attachment or distress, the erigent shall be given. And by the 18 Edw. 3. st. 2. c. 5. 18 Edw.3.st.2. E. & I. no exigent shall go where a man is indicted

c. 5. E. & L.

Ir.

of trespass, if it be not against the peace, or of things contained in the last parliament. The 33 Hen. 6. c. 1. 33 Hen. 6. c.1. Ir. enacts that every exigent for the king, of felonies or treasons to be awarded, shall be void, if not that Exigents to issue from king's it be in the bench of the king, and if it be within li- bench. berties

5 Edw. 3.c.11. E. & I.

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Justices of over

and terminer may direct ca

berties for lords, then it shall be before their judges of their places, and not before commissioners.

P. 1192. l. 14. By the 5 Edw. 3. c. 11. E. & I. whereas persons appealed or indicted of divers felonies in one county, or outlawed in the same county, are dwelling or received in another county, whereby such persons pias to anycoun- evaded justice because they could not be attached in such ty against person indicted. other county; it is hereby enacted that the justices assigned to hear and determine such felonies, shall direct their writs to all the counties of England, where need shall be, to take such persons indicted.

39 & 40 Geo.3.

P. 1197. l. 24.-The following clauses of the 39 & 40 c. 94. s. 2. Eng. Geo. 3. c. 94. Eng. should have been here stated. By Persone found 8. 2. of this act, if any person indicted for any offence raignment, c. shall be insane, and shall upon arraignment be found so how disposed of. to be by a jury lawfully impanelled for that purpose, so

insane upon ar

that such person cannot be tried, or if upon the trial of such person he shall appear to the jury to be insane, it shall be lawful for the court to direct such finding to be recorded, and thereupon to order such person to be kept in strict custody until his majesty's pleasure shall be known; and if any person charged with any offence shall be brought before any court to be discharged for want of prosecution, and such person shall appear to be insane, it shall be lawful for such court to order a jury to be impanelled to try the sanity of such person; and if such jury shall find such person to be insane, it shall be lawful for such court to order such person to be kept in strict custody, in such place, and in such manner, as to such court shall seem fit, until his majesty's pleasure shall be known; and in all cases of insanity so found, it shall be lawful for his majesty to give such order for the safe custody of such person, in such place, and in such manner, as to his majesty shall seem fit. And by s. 1. in all cases where it shall be given in evidence upon the Persons acquit-, trial of any person charged with treason, murder, or feted on the ground of insanity, how lony, that such person was insane at the time of the commission of such offence, and such person shall be acquitted, the jury shall be required to find specially whether such person was insane at the time of the com

1.

dealt with.

mission

mission of such offence, and to declare whether such person was acquitted by them on account of such insanity; and if they shall find that such person was insane at the time of committing such offence, the court before whom such trial shall be had, shall order such person to be kept in strict custody, in such place, and in such manner, as to the court shall seem fit, until his majesty's pleasure shall be known; and it shall thereupon be lawful for his majesty to give such order for the safe custody of such person, during his pleasure, in such place, and in such manner, as to his majesty shall seem fit; and so in cases of persons acquitted on the ground of insanity before the passing of this act, (28 July, 1810.)

in criminal cases

P. 1205. l. 35.-The 3 Geo. 2. c. 25. Eng. provides, 3 Geo. 2. c. 25. s. 20. Eng. (s. 20.) that returning officers shall not impanel any person to serve on any jury, for the trial of any capital None to be reoffence, who, at the time of the return, would not be turned as jurors qualified in the county, city or place, to serve as a juror who are not qualified to serve in in civil causes; and such matter shall be cause of a prin- civil cases. cipal challenge, and the person challenged may be examined on oath of the truth of the matter. By s. 21. this act shall be read, once in every year, at the quarter ses- Act proclaimed. sions.

s. 21.

E. & I.

c. 29. Ir.

All peers of parsummoned for

liament to be

trial of peers.

P. 1206. Í. 14.—By the 20 Hen. 6. c. 9. E. & I. ladies 20 Hen. 6. c. 9. of peers, married or sole, being indicted of treason or Peeresses tried felony by them done, shall be put to answer and judged as peers. before such judges and peers of the realm, as peers should be if they were indicted. The 15 & 16 Geo. 3, 15 & 16 Geo.s c. 29. Ir. enacts, that upon the trial of any peer or peeress for any treason, the overt act whereof shall consist in compassing the death of the king, or in levying war against the king, or in adhering to the king's enemies, or otherwise acting against the person or title of his majesty, or for misprision of such treason, all the peers who have a right to sit and vote in parliament, shall be duly summoned, 20 days at least before such trial, to appear at such trial; and every peer so summoned and appearing, shall vote on the trial of such peer or peeress, every such peer first taking the oaths (of allegiance and supremacy) in the [*1 W. & M. st. 1. c. 8. Eng, and the declaration (against popery) in the 30 Car, 2. st. 2. Eng.]

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*These are not

referred to in this act as Eng

lish statutes.

4 Geo. 3. c. 10.

Eng.

Barons of the exchequer may discharge for

feited recogni

zances.

s. 29. Ir.

P. 1212. l. 14:-The 4 Geo. 3. c. 10. Eng. provides, that it shall be lawful for the barons of the exchequer, upon affidavit and petition to be presented to them by or on the behalf of persons imprisoned on the forfeiture of any recognizance, (for not appearing as parties or witnesses in the courts of record at Westminster, or other courts of record in England, or at the assizes and quarter sessions, or for not prosecuting indictments there,) to discharge such persons, without any quietus to be sued for that purpose; for which order no more than £1. 1s. shall be taken by the officer appointed to give out the same; provided that no discharge shall be given on such petitions where any debt is due to the crown, other than by the recognizances so prayed to be discharged; nor in any case of defrauding his majesty's revenue by contraband trade, or assaulting officers of customs or excise in the execution of their duty, or any person lawfully 33 Geo. 5. c.50. assisting them. The 38 Geo. 3. c. 50. Ir. provides, (s. 29.) that it shall be lawful for every person who shall forfeit any recognizance, or incur any fine, or against whom estreats shall issue, and who shall be aggrieved thereby, to go before the commissioners of reducements, who may examine into the circumstances in a summary manner, and remit the whole or any part, as they shall think fit. And by s. 31. as amended by the 49 Geo. 3. c. 83. I.* it shall be lawful for the court of exchequer, or the judges of assize, on the petition of any person in custody of any sheriff for non-payment of any sum due on any fine or recognizance, by either a surety or a principal, to examine into the facts in a summary manner, and, if they shall see sufficient reason, to grant an order or warrant, under their hands, to discharge any person so in custody : [†Provided that the petitioner shall not be discharged on the ground of poverty, but on the payment of such proportion of the sum as he shall appear, on examining into 49 G-0.3. c.83. such petition, to have the power to pay.] And by the 49 Geo. 3. c. 83. s. 4. I. in any case in which such

Commissioners of reducements in Ireland may

1. mit fines, c.

s. 31.

(19 Geo. 3. c. 83. 1.)

Court of exche

quer or judges assize may discharge persons from custody up in forfeited

recognizances.

† By 49 Geo. 3.

83. I.

s. 4. I.

of

Court to inquire

to the circum- petitioner shall have been fined, or shall have been the

stances under

which the recog

nizances were

forfeited.

*This act (s. 1.) discharges all recognizances farf ited, or fines imposed, before 1 July, 1803.

principal

H

principal in any recognizance on which he shall be so in custody, such court or judge shall so inquire into the nature of the offence for which such fine shall have been imposed, or of the charge in consequence of which such recognizance shall have been entered into, and under what circumstances the same was forfeited; and in case such petitioner shall be so in custody under any recognizance to answer or appear to any charge, and shall, after the forfeiture of such recognizance, have been tried and acquitted, such court or judge shall inquire whether, on such trial, all the witnesses for the prosecution attended and were examined, and if not, whether by the forfeiture of such recognizance, the attendance of any such witness was prevented; and if such petitioner shall be a surety, then such court, &c. shall inquire whether such surety used due diligence to make the principal amenable to law; and in all such cases the court, or judges or judge of assize, may order the discharge of such petitioner, either generally, or after such length of time as they shall think fit, having respect to the circumstances of the case, and to the length of time that such petitioner shall have been in custody previous to such order, and to the object of this and the other acts relating thereto. By s. 5. the provisions of the 38 Geo. 3. c. 50. 39 Geo. 3. c. 67. and 40 Geo. 3. c. 30. are extended to this act.

s. 2.

Penalty for ex

acting more.

P. 1213. 7. 11.-The 49 Geo. 3. c. 101. I. regulates, 49Geo.3.c.101. the fees payable by persons charged with treason, felony,s. 1. I. and all other offences, at assizes and quarter sessions in Fees in criminal Ireland, &c.; and (by s. 2.) provides, that if any clerk cases regulated. of the crown, clerk of the peace, or any of their deputies, sheriff or under-sheriff, gaoler or under-gaoler, or turnkey, or crier at assizes or sessions, or other person acting under them, shall demand, take, or accept any other or higher fee than the sum stated in the schedule herein contained, for any matter therein or relating thereto, every such offender shail forfeit £10, to be recovered by action of debt, &c. in any court of record in Dublin, or by civil bill, to be heard by the assistant barristers at the sessions of the respective counties. By s. 3. it shall be lawful for the several grand juries at each assizes,

T 2

S. 3.

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