s. 9. Ir. mero officio s. 10. Ecclesiastical mine upon oath the tions are sought lendar months from the time wheh such offence shall have been committed; nor shall any prosecution be commenced or carried on for fornication at any time after the parties offending shall have lawfully intermarried. And for the preventing of all vexatious suits and dilatory proceedings in ecclesiastical courts, the 6 Geo. 1. c. 6. Ir. 6 Geo. 1. c. 6. enacts (s. 9.) that no citation ex mero officio shall be issued out of any ecclesiastical court against any person Citations ex on account of any crime or immorality, which is punish- not issued after able or corrigible by the ecclesiastical law, except such 2 years. crime, &c. shall, in the manner hereafter mentioned, appear to have been committed within 2 years next before the issuing of such citation. And by And by s. 10. every voluntary promoter of office, applying to any ecclesiastical judge for the issuing a citation on account of any judge to exzcrime or immorality, or some credible witness voluntarily grounds offering himself to be produced by the said promoter, upon which citaand to be examined, shall, before the obtaining of such to be issued. citation, be personally interrogated and examined upon oath by such ecclesiastical judge concerning the grounds and reasons of issuing such citation, which oath every ecclesiastical judge is hereby empowered to administer to such promoter or witness; and every ecclesiastical judge shall cause the examination of such promoter or witness to be reduced into writing, and subscribed by the examinant, and attest the same as repeated before him, and then lodge such written examination, so at- Examination tested, in the registry of the court whereof he is judge; lodged with and in case it shall not appear by such examination, that the said crime, &c. has been committed within 2 years as aforesaid, no citation shall issue; and after publication is decreed, the said judge shall cause the said examination to be annexed unto such depositions as are taken in the cause then depending on such citation; and if upon hearing of the said cause it shall appear, that such voluntary promoter has failed in proving what in the Promoter failing to pay double said examination was alleged, such promoter shall be costs. condemned in double costs. And by s. 11. all persons who by law are required or enabled to make any presentments unto any ecclesiastical judge, shall, before register. s. 11. Ecclesiastical judge to examine also the ground for pre seniments. When citation shall not issi e thereon. When person presented shal be dismissed without fees. such presentment be received, and citation thereon granted, upon oath be interrogated, &c. or produce some credible witness to be interrogated, &c. as aforesaid, by the ecclesiastical judge unto whom such presentment is made; (which oath every ecclesiastical judge is hereby empowered to administer,) which examination every such judge shall cause to be reduced into writing, and attest, and lodge in the registry, and annex the same unto the depositions in manner above mentioned; and in case it shall not appear by the said examination, that there is sufficient ground for such presentment, or that the crime or immorality in such presentment mentioned, was committed within 2 years next before the making thereof, no citation shall issue thereupon; and if upon hearing the cause upon such presentment, the allegations in such examination contained shall not be sufficiently proved; or if the person presented shall otherwise purge himself according to law from the charge of such crime or immorality for which he is so presented, he shall forthwith be dismissed without any fees to be paid to any person. By s. 12. all citations by any ecclesiastical judge, to be issued either at the instance of such voluntary promoter of the office, or upon presentment as aforesaid, without such examination as hereinbefore required to warrant and support the prosecution, shall be of none effect, and all proceedings thereon void. By s. 13. in all causes to be commenced in any ecclesiastical court, on account of defamation Causes of defa- cognizable in the ecclesiastical court, it shall be lawful for the ecclesiastical judge of such court, at the motion of either party, to proceed in a summary way; and such summary proceeding in any cause of defamation, shall be as valid as if the same had been in the ordinary and plenary way. Provided (s. 14.) that nothing in this act shall extend to hinder any archbishop or bishop, or their vicars general, or any ordinary, from proceeding against any ecclesiastical persons subject to their visitation, and within their respective jurisdictions, for any neglect of duty, or for any fault cognizable in the ecclesiastical court, either at their respective visitations, or otherwise, in like manner as if this act had not been made. s. 12. Citations other wise granted, seid. s. 13. mation may be ied in a sum mary way. 8.14. Proviso as to pintation, &c. X. The 33 Hen. 8. c. 12. Eng. by which the court of the lord steward of the king's houshold, or (in his absence) of the treasurer, comptroller, and steward of the marshalsea, was erected, has been fully stated, ante p. 577. to 580. §. 10. CHAP. XVII. Of Summary Convictions, customs. THE jurisdiction of the commissioners and sub-com§. I. misioners, for the trial of offences and frauds in respect Commissioner to the excise and other branches of the revenue, is de- f excise and rived in England from the 12 Car. 2. c. 23. & c. 24. 15 Car. 2. c. 11. 5 W. & M. c. 20. 6 W. & M. c. 1. 9 Geo. 1. c. 21. 23 Geo. 2. c. 26. 24 Geo. 2. c. 40. and 33 Geo. 2, c. 9. And in Ireland the courts of the commissioners and sub-commissioners of customs and port duties, and the commissioners and sub-commissioners of inland excise and taxes, and of the commissioners of appeals, are constituted under and by virtue of the 14 & 15 Car. 2. c. 8. and c. 9. Ir. 46 Geo. 3. c. 58. and c. 106. I. and 48 Geo. 3. c. 62. I. to which I shall content myself with referring, as the code of revenue laws and regulations is a peculiar branch in itself, which it is beside the purpose of this work to state. II. With respect to the summary proceeding of justices. §. 2. of peace out of sessions, the provisions of the following Justices of peace statutes may be referred to this head. First as to the limits of counties residing in cities, of their jurisdiction: The 9 Geo.1.c.7.s.3. Eng. enacts, that &c. may notif any justice of peace shall dwell in any city or other pre- therein for their withstanding act cinct that is a county of itself, situate within the county at proper counties. large s. 3. Eng. Proviso. 9 Geo. 1. c. 7. large for which he shall be appointed justice of peace, although not within the same county, it shall be lawful for such justice to grant warrants, take examinations, and make orders for any matters, which any justice of peace may act in at his own dwelling house, although such dwelling house be out of the county where he is authorized to act as a justice of peace, and in some city or other precinct adjoining that is a county of itself; and all such warrants and other acts of any justice of peace, and the acts of any constable, &c. or other offcer, in obedience to such warrant, &c. shall be valid, although it be out of the limits of the proper precinct or authority Provided that nothing in this act shall extend to give power to the justices of peace for the counties at large, to hold their general quarter sessions of the peace in the cities or towns which are counties of themselves, nor to empower justices of peace, sheriffs, baiJiffs, constables, &c. or other peace officers of the counties at large, to intermeddle in any matters arising within cities or towns which are counties of themselves; but such actings and doings shall be of the same effect as if this act had never been made. And the 28 Geo. 3. c. 49. Eng. recites the 9 Geo. 1. c. 7. s. 3. supra, and for removing doubts in respect to the construction of said of counties, may clause, enacts, that it shall be lawful for any justice of peace acting for any county at large, to act as such at any place within any city, town, or precinct, being a county of itself, and situate within, surrounded by, or adjoining to any such county at large; and every act done by such justice of peace for the county at large within such city, &c. shall be as valid as if the same had been done within the said county at large: provided that nothing in this act shall give power to the justices of peace for any county at large, not being justices for such city, &c. or any constable or other officer acting under them, to act or intermeddle in any matters arising within such city, &c. And this act further provides (s. 1.) that it shall be Justice of peace lawful for any justice of peace acting as such for any 2 for 2 adjoining or more counties being adjoining counties, to act as a act for either if justice in all matters relating to either of said counties; • asident in one. and all acts of such justice, and the acts of any constable 28 Geo.3. c.49. s. 4. Eng. Justices of peace act in cities, &c. for their proper counties. 3. 1. Counties, may or s. 2. may carry of jonning county or other officer in obedience thereto, shall be as valid as if done in the county to which such acts more particularly relate and all constables and other officers of the said county to which such acts relate, shall obey the warrants, orders, and acts of such justice, so granted, given and done, and perform their several duties under the penalties to which any constable or other officer may be liable for a neglect of duty: provided that such justice be personally resident in one of said counties at the time of doing such act: provided also, that the warrants, &c. so to be given and granted, be directed and given, in the first instance, to the constable or other officer of the county to which the same more particularly relate. And by s. 2. it shall be lawful for any constable or other peace officer, or other person apprehending any person offending against law, and whom they lawfully ought to Constables, &c take into custody by virtue of their office, or otherwise, fenders into adto convey the person so apprehended to any justice of before such peace acting for said county, and resident in such ad-justices. joining county; and the said constables, &c. shall act in all things as if the said justice was resident within the said county to which they respectively belong; and every person obstructing the said constables, &c. in the execution of their offices, in the said county or counties adjoining as aforesaid, shall be liable to the same penalties for such obstruction, as if the same had been committed in the county for which the said constables, &c. were appointed to act. By s. 3. it shall be lawful for any sheriff, or other person deputed by him, or acting under his authority, constable, or other peace officer, convey such of or any other person lawfully having in his custody any such adjoining person offending against law, and whom he might law-county to gaol of fully convey to gaol, or any place of safe custody, to convey said person into and through any part of the said county so adjoining, in their way to such gaol or place of safe custody within the county wherein such offence was committed; and every person escaping from such custody, or aiding or assisting such escape, or rescuing such person so in custody, shall be subject to the like penalties for such escape, &c. as if such escape, &c. had happened, s. 3. Sheriff's, &c may fenders through proper county. |