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such count to
&c. And by s. 2. the justices of oyer and terminer, or
be repair the
P. 1187. 1. 5.-Thut proceedings to outlawries in cri- 4 & 5 W. &M. minal cases may be as public as in civil causes; the * & c.22. n.4. Eng. 5 W. & M. c. 22. Eng provides, (s. 4.) that upon the issuing of any e.rigent for any criminal matter, before
Upon issuing judgment or conviction, there shall also issue a writ of an exigent, *
writ of proclas proclamation, bearing tlie same teste and return, to the mution also 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 saine, P. 1190. 1. 2.--By the 18 Edw. 3. st. 1. E. & I.
18 Edw. 3 st.i. of receivers of the king's money, who the same retain ; Z. & I. also of conspirators, confederators, and maintainers of
Process of exifalse quarrels; also of them that bring routs into the gent in what 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.
c. 5. E. & I. E. & I. no e.rigent shall go where a man is indicted 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 is
suo from king's it be in the bench of the king, and if it be within li- bench.
cases to issues
E. & I.
39 & 40 Geo.3.
berties for lords, then it shall be before their judges of
their places, and not before commissioners. 5 Edw. 3.c.11. P. 1192. I. 14.-By the 5 Edw. 3. c. 11. E. & I.
whereas persons appealed or indicted of divers felonies in Justices of vyer one county, or outlawed in the same county, are dwelling may direct ca
or received in another county, whereby such persons pias 10 anycoun- evaded justice because they could not be attached in such son 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.
P. 1197. 1. 24.-The following clauses of the 39 & 40 C. 94. 9. 2. Eng. Geo. 3. c. 94. Eng. should have been here stated. By Persono found s. 2. of this act, if any person indicted for any
offence insane upon arraignmene, G'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
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 sball 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 law. ful 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 seen 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 fetod on the ground pinsanity, how lony, that such person was insane at the time of the dealt with.
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
mission of such offence, and to declare whether such
$. 20. Eng.
in criminal cases qualified in the county, city or place, to serve as a juror who are not qua.
lified 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.
P. 1206. 1. 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
any treason, the overt act whereof shall con- All peers of parsist in compassing the death of the king, or in levying summoned for 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 siipremacy) in the [*1 W. & M. st. 1. c. 8. Eng, and the referred to in
this act as Engi declaration (against popery) in the 30 Car. 2. st. 2. Eng.) lish statutes.
E. & I.
c. 29. Ir.
larrent to be
trial of peers.
* These are not
8. 29. jr.
4 Geo, 3. c. 10. P.1212.1. 14.-The 4 Geo. 3. c. 10. Eng. provides,
that it shall be lawful for the barons of the exchequer, Barons of the upon affidavit and petition to be presented to them by or cxchequer may discharge for
on the behalf of persons imprisoned on the forseiture of feited recogni.
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 Giro. 3.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 Commissioners any recognizance, or incur any fine, or against whom of reducements iz Ireland may
estreats shall issue, and who shall be aggrieved thereby, 1. mit fines, fc. to go before the commissioners of reducements, who may
examine into the circumstances in a suinmary 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 ( 19 Geo. 3.
shall be lawful for the court of eschequer, or the judges c. 83. 1.) of assize, on the petition of any person in custody of any Court of exche
sheriff for non-payment of any sum due on any fine or quer or julges of recognizance, by either a surety or a principal, to exch urge per ons amine into the facts in a summary manner, and, if they from custody a forfeited
sliall see sufficient reason, to grant an order or warrant, recognizances, under their hands, to discharge any person so in custody : +By 49 Geo. 3. [+Provided that the petitioner shall not be discharged on
the ground of poverty, but on the payment of such pro
portion of the sum as he shall appear, on examining into 49 G~0.3. c.8. such petition, to have the power to pay.) And by the
69 Geo. 3. c. 83. s. 4. I. in any case in which such lowl lo inquire ir..o the circum- petitioner shall have been fined, or shall have been the st'incos under motinh the recogo nizances were
* This act (s. 1.) discharges all recognizances f if ited, or finca imposed, furfuited, before 1 July, 1803.
S. 4. 1.
principal in any recognizance on which he shall be so
P. 1213. 1. 11.--The 49 Geo. 3. c. 101. I. regulates 496e0.3.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-yaoler, or Penalty for ex
acting more. 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