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Person wilfully cutting, defacing, spoiling, or by Mismanagement
or Neglect injuring any Work, or any Loom, Tool, or Materials ;
an Act passed in the Thirty-sixth Year of the same Reign, inti-
tuled An Act to render Persons convicted of Petty Larceny com- 36 G.3. c.29.
petent Witnesses; an Act passed in the same Year, intituled An 36 G.3. c.45.
Act for the better Regulation of the Woollen and Cotton Manufac-
tures ; and also the following Statutes and Acts, and Parts of Acts of the
Statutes and Acts, made in the Parliament of the United King- United Par-
dom; that is to say, so much of an Act passed in the Forty-third liament,
Year of the Reign of King George the Third, intituled An Act for 43 G.9. c.58.
the further Prevention of malicious shooting and attempting to dis- Part of s. 1.
charge loaded Fire Arms, stabbing, cutting, wounding, poisoning,
and the malicious using of Means to procure the Miscarriage of
Women; and also the malicious setting fire to Buildings ; and also
for repealing a certain Act made in England in the Twenty-first

Year of the late King James, intituled · An Act to prevent the
'destroying and Murdering of Bastard Children;' and also an
Act made in Ireland in the Sixth Year of the Reign of the late
Queen Anne, also intituled, An Act to prevent the destroying and

murdering of Bastard Children ;' and for making other Provisions in lieu thereof; as relates to the setting fire to any of the Buildings therein enumerated; an Act passed in the same Year, intituled An Act for making more effectual Provisions, within Ireland, 43 G.3. c. 79. for the Punishment of Offences in wilfully casting away, sinking, burning, or destroying Ships and Vessels, and for the more

convenient Trial of Accessaries in Felonies ; so much of an Act passed in the same Year, intituled An Act to prevent unlawful Combinations of 43 G.3. c.86. Workmen, Artificers, Journeymen, and Labourers, in Ireland, and s.8. for other Purposes relating thereto, as relates to wilfully damnifying, spoiling, destroying, selling, or otherwise disposing of any Goods, Wares, Work, or Materials; so much of an Act passed in the Forty-fourth Year of the same Reign, intituled An Act to render 44 G.3. c.92. more easy the apprehending and bringing to Trial Offenders escaping s.7& 8. from One Part of the United Kingdom to the other, and also from One County to another, as relates to the Prosecution and Punishment of Persons for Theft or Larceny, and for receiving or having any stolen Property as therein mentioned ; an Act passed in the Fifty-first Year of the same Reign, intituled An Act to protect 51 G.3. c. 38. Masters against Embezzlements by their Clerks and Servants in Ireland; an Act passed in the same Year, intituled An Act to 51 G.3. c.39. repeal so much of An Act passed in the Parliament of Ireland in the Third Year of the Reign of His present Majesty, intituled An Act for the better Regulation of the Linen and Hemp Manufactures' as takes away the Benefit of Clergy from Felons convicted of stealing Cloth from Bleaching Grounds, and for more effectually preventing such Felonies ; so much of an Act passed in the Fifty-second Year of the same Reign, intituled An Act for the extending the Laws for 526.3. c.12. preventing the Embezzlement of His Majesty's Naval, Ordnance, and extending Victualling Stores, to Ireland, as relates to an Act of the Twentysecond Year of King Charles the Second, for taking away the 22 Car. 2. c.5. Benefit of Clergy from such as steal Cloth from the Rack, and from such as steal or embezzle His Majesty's Ammunition and Stores ; an Act passed in the same Year of the same Reign, intituled An Act for more effectually preventing the Embezzlement of 52 G.3. c.63.

Securities

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Securities for Money and other Effects left or deposited for safe
Custody or other special Purpose in the Hands of Bankers, Mer-

chants, Brokers, Attornies, or other Agents; an Act passed in the 52 G.3. c.64.

same Year, intituled An Act for the extending the Provisions of an Act of the Thirtieth Year of King George the Second, against Persons obtaining Money by false Pretences, to Persons so obtain

ing Bonds and other Securities; an Act passed in the same Year, 52 G.3. c. 130. intituled An Act for the more effectual Punishment of Persons des

troying the Properties of His Majesty's Subjects, and enabling the Owners of such Properties to recover Damages for the Injury sus

tained ; an Act passed in the Fifty-sixth Year of the same Reign, 56 G.9. c. 73. intituled An Act for removing Difficulties in the Conviction of

Offenders stealing Property from Mines ; an Act passed in the 58 G.3. c.68. Fifty-eighth Year of the same Reign, intituled An Act to repeal so

much of an Act passed in Ireland in the Ninth Year of the Reign of Queen Anne, intituled An Act for taking away the Benefit of

Clergy in certain Cases, and for taking away the Book in all · Cases, and for repealing Part of the Statute for transporting Felons,' as takes away the Benefit of Clergy from Persons stealing privily from the Person of another; and more effectually to prevent

the Crime of Larceny from the Person ; an Act passed in the 59 G.3. c. 27.

Fifty-ninth Year of the same Reign, intituled An Act to facilitate the Trial of Felonies committed on board Vessels employed on Canals,

navigable Rivers, and Inland Navigations ; an Act passed in the 59 G.3. c.96.

same Year, intituled An Act to facilitate the Trial of Felonies committed on Stage Coaches and Stage Waggons and other such Carriages, and of Felonies committed on the Boundaries of Counties ;

an Act passed in the First Year of the Reign of His present. 1 G.4. c.56.

Majesty, intituled An Act for the summary Punishment in certain

Cases of Persons wilfully or maliciously damaging or committing I G.4. c. 102.

Trespasses on public or private Property; an Act passed in the same Year, for making general the Provisions of the hereinbefore recited Act of the Fifty-sixth Year of the Reign of King George the Third ; an Act passed in the Session of Parliament holden

in the First and Second Years of His present Majesty's Reign, 1 & 2 G.4.

intituled An Act to repeal so much of Two Acts made in the Parliament of Ireland in the Ninth Year of Queen Anne, and in the Seventeenth Year of King George the Second, as inflicts Capital Punishment on Persons guilty of stealing to the Amount of Five Shillings out of or from Shops, Warehouses, and other Outbuildings and Places, and to provide more suitable and effectual Punishment

for such Offences ; an Act passed in the Third Year of His 3 G.4. c.24.

present Majesty's Reign, intituled An Act for extending the Laws against Receivers of Stolen Goods to Receivers of stolen Bonds,

Bank Notes, or other Securities for Money; an Act passed in the 3 G.4. c.38. same Year, intituled An Act for the further and more adequate except s. l,

Punishment of Persons convicted of Manslaughter, and of Servants convicted of robbing their Masters, and of Accessories before the Fact of Grand Larceny, and certain other Felonies, except as far

as the said Act relates to Manslaughter; so much of an Act 3 G.4. c. 114. passed in the same Year, intituled An Act to provide for the more

ctfectual Punishment of certain Offences by Imprisonment with hard Labour, as relates to the Punishment of receiving stolen Goods, and for obtaining any Property as therein mentioned by false

Pretences;

c.34.

Pretences ; an Act passed in the Fifth Year of His present Majesty's Reign, intituled An Act to prevent the stealing of Records, 5G.4. c. 30. Deeds, and Papers, in Ireland ; an Act passed in the Sixth Year of His present Majesty's Reign, intituled An Act for the Amend. 6 G.4. c.19. ment of the Law as to the Offence of sending threatening Letters ; an Act passed in the same Year, intituled An Act to amend Two 6G.4. c.56. Acts for removing Difficulties in the Conviction of Offenders stealing Property in Mines, and from Corporate Bodies ; so much of an Act passed in the Sixth Year of His present Majesty's Reign, intituled An Act for the better Regulation of Copartnerships of cer- 6G.4. c.42. tain Bankers in Ireland, as makes any Offence therein mentioned s. 23. a Felony; so much of an Act passed in the same Year, intituled An Act to alter and amend an Act for the better Protection of the 6G.4. c.94. Property of Merchants and others, who may hereafter enter into s.7, 8, 9, 10. Contracts or Agreements, in relation to Goods, Wares, or Merchandize intrusted to Factors or Agents, as relates to any Misdemeanor therein mentioned ; so much of an Act passed in the Seventh Year of His present Majesty's Reign, intituled An Act to provide 76.4. c.9. for the more effectual Punishment of certain Offences in Ireland, by Imprisonment with hard Labour, as relates to Grand or Petty Larceny, or to receiving stolen Goods, or to false Pretences; an Act passed in the same Year, intituled An Act to prevent the wil- 7G. 4. c.60. ful and malicious Destruction of Dwelling Houses in Ireland ; an Act passed in the same Year, intituled An Act to amend the Law 7 G.4. c.69. in respect to the Offence of stealing from Gardens and Hothouses ; an Act passed in the Session of Parliament holden in the Seventh 7 & 8 G.4. and Eighth Years of His present Majesty's Reign, to explain and c. 32. amend the hereinbefore recited Act of the Seventh Year of the Reign of His present Majesty, for preventing the wilful and malicious Destruction of Dwelling Houses in Ireland ; and the said several hereinbefore recited Statutes and Acts, and Parts of Statutes and Acts, are hereby repealed accordingly, so far as relates to Ireland, or to Offences committed within the Jurisdiction of the Admiralty of Ireland ; save and except so far as the said Statutes and Acts, or Parts of Statutes and Acts respectively, or any of them, may repeal the Whole or any Part of any other Act or Acts; and save and except as to Offences committed, and Punishments awarded, and other Matters done before or upon the said Thirty-first Day of August One thousand eight hundred and twenty-eight, which shall be dealt with, considered, and punished as if this Act had not been passed.

II. And be it further enacted, That all Acts and Parts of Acts Proviso as to continuing or perpetuating any of the Acts or Parts of Acts herein- continuing before repealed, so far only as relates to such Continuation or Acts, &c. Perpetuation, from and after the said Thirty-first Day of August One thousand eight hundred and twenty-eight, shall be and the same are hereby repealed.

III. Provided always, and be it enacted, That nothing in this Exceptions Act contained shall in anywise affect or alter such Part of any out of this Act as relates to the Post-Office, or to any Branch of the Public Act. Revenue, or to the Naval, Military, Victualling, or other Public Stores of His Majesty, or any Act relating to the Bank of Ireland ; except so far as this Act repeals Part of an Act of the Fifty.

Q4

second

second Year of King George the Third, relating to Naval, Ordnance, and Military Stores.

CAP. LIV. An Act for improving the Administration of Justice in Criminal Cases in Ireland.

[15th July 1828.] : WHAdministration of pustice in Criminal Cases in Ireland, ' to define under what Circumstances Persons may be admitted • to Bail in Cases of Felony; and to make better Provisions for • taking Examinations, Informations, Bailments, and Recog• nizances, and returning the same to the proper Tribunals; and " to relax in some Instances the technical Strictness of Criminal, • Proceedings, so as to ensure the Punishment of the Guilty • without depriving the Accused of any just Means of Defence; ' and to abolish the Benefit of Clergy and some Matters of Form • which impede the due Administration of Justice; and to make • better Provisions for the Punishment of Offenders in certain • Cases:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords

Spiritual and Temporal, and Commons, in this present Parliament Who may be assembled, and by the Authority of the same, That where any admitted to Person shall be taken on a Charge of Felony, or Suspicion of Bail on a

Felony, before One or more Justice or Justices of the Peace, Charge of Felony, and

and the Charge shall be supported by positive and credible Eviwho may not.

dence of the Fact, or by such Evidence as if not explained or contradicted shall, in the Opinion of the Justice or Justices, raise a strong Presumption of the Guilt of the Person charged, such Person shall be committed to Prison by such Justice or Justices in the Manner hereinafter mentioned; but if there shall be only One Justice present, and the whole Evidence given before him shall be such as neither to raise a strong Presumption of Guilt, nor to warrant the Dismissal of the Charge, such Justice shall order the Person charged to be detained in Custody, and such Person shall be taken before Two Justices at the least ; and where any Person so taken, or any Person in the first Instance taken before Two Justices of the Peace, shall be charged with Felony, or on Suspicion of Felony, and the Evidence given in support of the Charge shall, in the Opinion of such Justices, not be such as to raise a strong Presumption of the Guilt of the Person charged, and to require the Committal of such Person, or such Evidence shall be adduced on behalf of the Person charged as shall, in the Opinion of such Justices, weaken the Presumption of Guilt, but there shall, notwithstanding, appear to such Justices, in either of such Cases, to be sufficient Ground for judicial Enquiry into the Guilt of the Person charged, such Person shall be admitted to

Bail by such Two Justices in the Manner hereinafter menJustice not tioned: Provided always, that nothing herein contained shall be obliged to hear construed to require any such Justice or Justices to hear EviEvidence on dence on behalf of any Person so charged as aforesaid, unless it behalf of Per- shall appear to such Justice or Justices to be meet and conducive sons charged. to the Ends of Justice to hear the same.

11. And

II. And be it enacted, That Two Justices of the Peace, before Before any they shall admit to Bail, and one or more Justice or Justices, Person charged before he or they shall commit to Prison, any Person arrested for

with Felony,

&c. shall be Felony or on Suspicion of Felony, shall take the Examination of bailed or comsuch Person, and the Information upon Oath of those who shall mitted, the know the Facts and Circumstances of the Case, and shall put the Justices shall same, or as much thereof as shall be material, into Writing, and take down the the Two Justices admitting to Bail shall certify the Bailment in

Examination,

&c. and bind Writing ; and every such Justice shall have Authority to summon Witnesses to any Person within his Jurisdiction, whom he shall have reason to appear. consider capable of giving material Evidence concerning any such Power to Felony or Suspicion of Felony, and to examine such Person on summon Oath touching the same, and to bind by Recognizance all such Witnesses. Persons as know or declare any thing material touching any such Felony, or Suspicion of Felony, to appear at the next Court of Oyer and Terminer or Gaol Delivery, or other Court at which the Trial of such Offence is intended to be had, then and there to prosecute and give Evidence against the Party accused; and such Examinations, Justices and Justice respectively shall subscribe all such Examin- &c. to be deations, Informations, Bailments, and Recognizances, and deliver or livered to the

Court. cause to be delivered the same to the proper Officer of the Court in which the Trial is to be, before or at the opening of the Court; and in case any Person so summoned shall refuse to submit to such Examination or to enter into such Recognizance, it shall be lawful for the Justice or Justices to commit such Person to the public Gaol of the County, City, or Town, until such Person shall submit to such Examination, or shall enter into such Recogni. zance, or be discharged by due Course of Law; provided that no Punishment such Examination shall subject the Party examined to any Prose. of Party cution or Penalty, or be given in Evidence against such Party, refusing to be

examined, save on any Indictment for having committed wilful and corrupt Perjury in such Examination.

III. And be it further enacted, That every Justice of the Peace Examination before whom any Person shall be taken on a Charge of Misde- not to be Evimeanor, or Suspicion thereof, shall take the Examination of the

dence against

the Party, Person charged, and the Information upon Oath of those who shall

except as to know the Facts and Circumstances of the Case, and shall put the Perjury. same, or as much thereof as shall be material, into Writing, before he shall commit to Prison or require Bail from the Person so charged ; and in every Case of Bailment shall certify the Bailment in Writing ; and shall have Authority to bind all Persons by Duty and Recognizance to appear to prosecute or give Evidence against Power of

Justice on the Party accused, in like Manner as in Cases of Felony; and

Charges of shall subscribe all Examinations, Informations, Bailments, and

Misdemeanor. Recognizances, and deliver or cause to be delivered the same to the proper Officer of the Court in which the Trial is to be, before or at the opening of the Court, in like Manner as in Cases of Felony.

IV. And be it further enacted, That every Coroner, upon any Duty and Inquisition taken before him, whereby any person shall be in- Power of dicted for Manslaughter or Murder, or as an Accessory to Murder Coroner on before the fact, shall put in Writing the Evidence given to the

Inquests

whereon Parties Jury before him, or as much thereof as shall be material; and

are indictable shall have Authority to bind by Recognizance all such Persons for Murder.

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