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Clerks of the
fees of prisoners
assizes, to present for the several clerks of the crown and crown, how clerks of the peace, or their deputies, sheriffs, or undertheir accustomed sheriffs, gaolers and criers, in lieu of the fees of such persons as shall be indicted, tried, acquitted and discharged without fees, at or between each assizes, any sum they shall think reasonable, in lieu of such fees as they have been accustomed to receive, not exceeding such amount as shall be ascertained according to the rates in this act allowed, by the affidavit of such clerk of the crown, &c. the same to be sworn before the respective judges of assize; and which presentments the several judges shall order to be fiated. Provided (s. 4.) that where any prisoner shall be acquitted on account of or by reason of any informality, error, or defect in any indictment whereon any prisoner shall be tried, no fee shall be paid to or presented by the grand jury for such clerk of the crown, &c. who shall have prepared such informal or erroneous indictment, on account thereof, or of any prisoner that shall be discharged therefrom, provided that the judge of assize, chairman, or assistant barrister, shall certify that such acquittal was occasioned by informality, want of form, or other defect in the indict
P. 1220. 1. 17.-By the 5 Ann. c. 6. Eng. where any person shall be convicted of theft or larceny, such person shall be burned in the hand as formerly, and the judges before whom the offender is tried, shall, at their discretion, award such offender to the house of correction or work-house, there to be kept not less than 6 months, and not exceeding 2 years, from the conviction; an entry whereof shall be made of record; and in case such person refuse to work, the keeper of such house shall give him due correction. And by s. 3. in case such offender shall, after such judgment given, escape out of prison, or out of such house of correction or public work-house, and be re-taken, he shall be brought before one of the judges, or 2 justices of peace (one of them of the quorum) of the county, &c. where he shall be re-taken, who shall commit him to the house of correction or work-house within such county, &c. where he shall be retaken, there
to remain not less than 12 months, nor exceeding 4 years, from the retaking, and there to be set at work, and receive due correction, as aforesaid; and if the keeper of any house of correction, &c. shall neglect his duty as above directed, any judge of assize or gaol delivery, upon complaint and proof upon oath, may remove the keeper from such office.
P. 1232. '. 27.-After the word "law" should be added
"since the 24th day of May, 1798."
Persons liable to
may be sent to
houses of correc
P. 1235. l. 24.--The 51 Geo. 3. c. 63. I. repeals the 51Geo. 3.c. 63. 17 & 18 Geo. 3. c. 9. Ir. and enacts, that where any person shall, at any session of oyer and terminer, or gaol delivery, or at any quarter or other general sessions of the peace for any county, &c. in Ireland, be convicted tion or penitentiary houses for of any crime for which he shall be liable to transportation, years. it shall be lawful for the court before which such offender · shall be convicted, or any court held for the same place, and with like authority, if such court shall think fit, to order that such person shall be sent to some house of correction or penitentiary within said county, &c. there. to be kept to hard labour for such time or number of. years as such court shall appoint, not exceeding 7 years; Provided that the court before which any offender shall Substitution of other punishment be so convicted, may order him to be whipped, or im- also. prisoned for any time less than a year, or to suffer such, other corporal punishment as may be inflicted on such, offenders by law. This statute contains also clauses (s. 3 to 9.) similar to those of the 17 & 18 Geo. 3. c. 9. s. 4. 14, 15, 16, 17, and 18. which are stated in pages 1236, 7, 8, save that the 17 & 18 Geo. 3. respects hard labour in the river Liffey or harbour of Dublin, whereas the 51 Geo. 3. respects only hard labour in the houses of, correction or penitentiaries, to which such offenders shall be ordered. [*This statute (s. 11.) empowers the lord, s. 11 & 15. lieutenant, upon the recommendation of the court to Lord lieutenant which such returns shall be made as hereby directed, to may shorten time or alter place shorten the duration of the offender's term, in considera- of imprisonment.. tion of his good behaviour.] And by s. 15. the lord lieutenant may order such offenders to be removed from one house of correction, &c. to another.
This clause appears to be incorrectly printed.
s. 3 to 9.
17 Edw.2. st.1.
P. 1243. l. 32.—By the 17 Edw. 2. st. 1. c. 14. E. & Ic. 14. E. & L. the king shall have escheats of lands of the freeholders of archbishops and bishops, when such tenants be atlands of bishops' tainted of felony in time of vacation, whilst their temporalities were in the king's hands, to give at his pleasure, saving to such prelates their accustomed services.
Stat. de catall. felon, incert. temp.
By stat. de catall. felon. incert. temp. no man taken for the death of a man, or for other felony, shall be disseised of his lands or chattels, until he be convict; but Chattels of felms, &c. after as soon as he is taken, his tenements and chattels shall be conviction how viewed, and scheduled by the view of the keeper of the disposed of. pleas of the crown, and by the view of the sheriff and of lawful men; and shall be safely kept by bail of the prisoner, who shall give security to answer to the justices of the chattels or the prices, if they be demanded. Saving to the prisoner and his family, their necessaries while he is in prison, and his reasonable estover; so that when he is convict, the residue of his chattels shall remain to the king, with a term of one year and a day in his lands; and if he can defend himself of the felony, his chattels shall remain to him.
4 & 5 W,&M,
such grants to inquisitions.
P. 1244. l. 9.-By the 4 & 5 W. & M. c. 22. Eng. c. 22. s.1. Eng. no corporation, lords of manors, or others having grants Grantees of fe- by charter, or other good conveyances, who have inrolled lons' goods, &c., and had the same allowed by the king's bench, shall be when discharged compelled to plead the same to any inquisition returned by any coroner; and corporations, &c. who shall have grants, &c. from the crown for felons' goods, deodands, and other forfeitures, shall not be compelled to inrol their whole charters, but the clerk of the crown of said court shall inrol so much thereof as may express the grants of such felons' goods, &c. for doing whereof he shall have 20s. for his fee; and after such inrolment, no corporation, Jord of manor, or others, grantees of such goods or forfeitures, shall be compelled to plead the same, in the said court, to any inquisition. And by s. 2. if any clerk of the crown of said court shall issue process against crown issuing any corporation, &c. grantees of such felons' goods, &c. after inrolment, &c. he shall forfeit to such corporation, &c. £5. to be recovered by bill, plaint, or information, in any
Penalty upon clerk of the
Clerk of the
court of record at Westminster. But by s. 3. the clerk of the crown shall not incur any penalty for issuing process against any person who shall not, upon every purchase of crown not puthe title of such felons' goods, and deodands, inrol and nishable for is plead the same purchase in the said court, nor against against heirs, & c any devisee of the like estate who shall not inrol or plead such devise, nor against any heir who shall not inrol his right by descent, and until after such pleas have been allowed of by the court, nor where by inquest of any coroner, the goods of any felon, or deodands, shall not be found to be in the hands of such purchaser, devisce, or heir, or their officers in trust for them.
defeat the right
P. 1244. l. 9. The 3 Edw. 2. c. 4. Ir. provides, that 3 Edw. 2. c. 4. if any man infeoff another with intent to enter into Ir. rebellion, or to commit any other felony, and after the Feoffments to felony is committed to have again his said land, such of the crown o feoffment shall be held for none, but presently after the forfeitures, void. felony committed the king shall have the year and the waste of the same tenements; and after the chief lord shall have the same as his escheat, so that the truth of the matter, and the manner of the feoffment, be first inquired by writ out of chancery.
VOL. I. p. 186. 7. 31.-The 1 Ann. st. 1. c. 31 & 32. English statutes Eng. 5. Ann. c. 25. Eng. and 6 Ann. c. 34. Eng. should forfeitures. bave been here referred to as acts of the English parliament which related to the forfeited estates in Ireland.
s. 23. Eng,
P. 299. last line.-It was omitted to state here the 31 Geo.3. .32. clause of the 31 Geo. 3. c. 32. Eng. which provides, that this act shall not extend to Scotland.
52 Hen. 3. c.28. E. & I.
Remedies for successors of prelates for wrongs done
VOL. II. p. 127. l. 32.-The 52 Hen. 3. c. 28. E. & I. provides, that if any wrongs be done to any prelates of the church, and they have sued for such wrongs, but have died before the judgment, their successors shall have actions to demand the goods of the church out of the to their prede hands of such tresspassers: And, moreover, the successors shall have like actions for such trespasses, though their predecessors did not sue during their lives.
Hen. 6. c.11. E. & I.
before writs awarded to bishops to certify
if intrude into the lands or tenements of such religious persons in the time of vacation, of which lands their predecessors died seised as in right of their church, the successors shall have a writ to recover their seisin; and damages shall be awarded them as in assize of novel disseisin is wont to be.
P. 231. l. 18.-The 9 Hen. 6. c. 11. E. & I. should have been here referred to, which statute provides, that where any plea shall be depending in which bastardy shall be alleged against any person, party to the same plea, and thereupon an issue joined, which by law is to be certified by the ordinary, the judges, where the said plea shall be depending, before any writ of certificate pass out of the same court to the ordinary, shall make a remembrance under seal, at the suit of the demandant or tenant, plaintiff or defendant, reciting the issue joined, and shall certify the same to the chancellor of England, to the intent that proclamation be made in chancery by 3 months, once in every month, that all persons pretending any interest to object against the party, which pretendeth himself to be mulier, be before the ordinary, to make their allegations and objections, as the law of the holy church requireth. And the chancellor having notice of the said remembrance and issue joined, and being required by the demandant or tenant, plaintiff or defendant, having the said remembrance, to make the said proclamation, shall cause proclamation to be made in form aforesaid, and shall certify the proclamation so made into the court where the plea shall be depending. And the judges of that court shall one time before any proclamation made in chancery, make such a proclamation openly in the same court, and also another time