poral, and Commons, in this prefent Parliament affembled, and by Recognizances the Authority of the fame, That all Recognizances which have been which have been forfeited by Perfons who have become bound therein for the Appear- forfeited and ance or Profecution of Perfons charged with any Crimes or Offences, Fines impofed at any Affizes, &c. High or Petit Treafon and Murder only excepted, or for keeping in Ireland, before the Peace, and all Fines impofed at Affizes, Commiffions of Oyer July 1, 1808, and Terminer or General Gaol Delivery and Seflions of the Peace, thall be difbefore the first Day of July One thoufand eight hundred and eight, charged and vaand which now are and ftand unfatisfied and unpaid respectively, fhall cated, and no be henceforth for ever difcharged and vacated to all Intents and Purposes whatsoever; and from henceforth no Procefs or Execution fhall iffue or be executed thereon from His Majefty's Court of Exchequer, nor fhall the Officer or Officers of the faid Court of Exchequer, by whom the Procefs ought to have been iffued for the fame, be in any Sort anfwerable for their Conduct or Neglect with respect to the fame. Process or had thereon. II. And whereas under and by virtue of feveral Acts paffed in the Parliament of Ireland, Perfons about to enter into Recogni• zances in Ireland, as Sureties for others in Criminal Cafes, are re⚫quired to make certain Oaths in order to qualify themselves to enter into fuch Recognizances; and, in order to obviate all Doubts, it is expedient that a Form of Oath be provided to be fo taken, and that the Cafes in which the fame fhall be taken be clearly defined ;' Be it therefore enacted by the Authority aforefaid, That no Court Perfons entering or Judge, or Juftice of the Peace, or other Officer or Perfon what- into Recognifoever in Ireland, fhall receive any Perfon to become a Surety, zances in Ireland or be bound for the Appearance of any other Perfon or Perfons charged with any Offence whatsoever, or that any other Perfon or Perfons fhould keep the Peace, or be of good Behaviour, unless fuch Perfon fo offering to become Surety, or be bound, fhall have first made Oath before fuch Court, Judge, Juftice, or other Officer or Perfon in One of the Forms here following, or in fome other Form of Words of the like Import and Effect refpectively, that is to fay, if fuch Perfon fhall refide in a County at large, in this Form; (to wit), do fwear, That I am a Householder, Oath. and have a House wherein I ufually refide at in the Parish of :I Ι • of Barony or Half Barony and and that and County of that I fupport and maintain myself by I am worth the Sum of [here infert double the Sum in which he or 'fhe is to be bound] over and above my juft Debts. 'So help me GOD.' of N all as Sureties for minal Cafes take the following others in Cri Irish A&t, 38 G. 3. c. 50. Perfons in Cuf tody fhall not be relieved from Payment of Fines on Recagnizances, unless on Payment of fo much as they can pay. On Petitions for Relief, Court fhall inquire into the Circumftances under which the Re forfeited. all and every Oaths and Oath required by any Law in force in Ireland to be taken by any fuch Surety. III. And whereas by an Act made in the Parliament of Ireland in the Thirty-eighth Year of His prefent Majefty's Reign, intituled, An Ad for the better Collection of Sums arising from forfeited Recogni zances. and from Fines impofed at Affizes, Commiffions of Oyer and Terminer and General Gaol Delivery and Seffions of the Peace, and for the future Application of the fame, it is amongit other Things enacted that it fhould be lawful for the Court of Exchequer, or the Judges of Affize, on the Petition of any Perfon or Perions in Cuftody of any Sheriff or Sheriffs, for Non-payment of any Sum or Sums due on any Fine or Fires, or Recognizance or Recogni zances entered into in any of the Cafes aforefaid, by either a Surety or a Principal, to examine into the Facts of fuch Petition in a fummary Manner. and if they should fee fufficient Reafons to grant an Order or Warrant (as the Cafe may be) under their Hands to discharge any Perfon fo in Cuftody: And whereas it is expedient that the faid Provifion fhould be modified, and the Powers of the faid Court and Judges extended in Manner here following Be it therefore enacted, That if the Petition in any fuch Cafe fhalt alledge the Inability of the Petitioner to pay the Amount of the Sum or Sums for which he or she fhall be fo in Cuftody, the Court or Judge in examining into fuch Petition fhall inquire whether fuch Petitioner may not be of Ability, or have the Power to pay and difcharge fome and what Part or Proportion of the Sum or Sums for which he or she fhall be fo confined, and shall not on the faid Ground of Poverty or Inability order fuch Petitioner to be fo discharged but on the Payment of fuch Part or Proportion of fuch Sum or Sums as he or she may fo have the Power to pay and difcharge. ་ IV. And be it further enacted, That in any Cafe in which fuch Petitioner fhall have been fined, or fhali have been the Principal in any Recognizance on which he or he fhall be fo in Cuftody, fuch Court or Judge fhall alfo inquire into the Nature of the Offence for which fuch Fine fhall have been impofed, or of the Charge in confequence cognizances were of which fuch Recognizance fhall have been entered into, and under what Circumftances the fame was forfeited; and in cafe fuch Peti tioner fhall be fo in Cuftody under any Recognizance to anfwer or appear to any Charge, and fhall, after the Forfeiture of fuch Recog nizance, have been tried and acquitted of fuch Charge, fuch Court or Judge fhall inquire whether on fuch Trial all the Witneffes for the Profecution attended and were examined, and if not, then, whether by the Forfeiture of fuch Recogn zarce, the Attendance of any fuch Witnefs was in any Refpect prevented; and if fuch Petitioner shall be a Surety, then fuch Court or Judge fhall inquire whether fuch Surety ufed due Diligence to make the Principal amenable to the Law; and in all and every of fuch Cafes, the faid Court or Judges or Judge of Affize, fhall have full Power and Authority, if they or he fhall think proper, to order the Difcharge of fuch Petitioner, either generally or after fuch Length of Time as fuch Court or Judges or Judge, in his or their Difcretion, fhall think fit, having Respect to the Circumftances of the Cafe, and to the Length of Time that fuch Petitioner fhall have been fo in Cuftody as aforefaid previous to the making of fuch Order, and to the Object and Purposes of this and the the other As relating thereto; and fuch Order in fuch Form shall be good and valid to all Intents and Purposes whatsoever. "Powers of Irish A&ts 38 Geo. 3. c. 50; 39 Geo. 3. c. 67; and 40 Geo. 3. c. 30. extended to this A&. § 5. WE CA P. LXXXIV. Prefentments either on County or Barony. An Act for amending the Irish Road Acts. [10th June 1809.] HEREAS the providing for the Expence of repairing of Poft Roads in Ireland, by Barony Prefentments, may in • certain Cafes prove unequal and oppreffive;' Be it therefore enacted by the King's moft Excellent Majetty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That it fhall be lawful for the Grand Jury of any County, County of a for inclofing, City, or County of a Town in Ireland, at any Affizes or Prefenting fencing, and Term to be held after the paffing of this Act, to prefent all fuch improving Poft Sum and Sums of Money as may be neceffary for widening, fencing, Roads, may be levelling, repairing, and otherwife improving any Road now made, upon which His Majefty's Mails are or shall be carried in Four-wheel Carriages, leading from the City of Dublin dire&ly to any Poft Town in Ireland, or leading directly to any Poft Town from any Port in Ireland, to which His Majefty's Packet Boats with Mails from Great Britain regularly fail, to be raised either off the County at large, or off any Barony or Half Barony, County of a City, or County of a Town, in which fuch Road or any Part thereof is or shall be fituate. II. Provided always, and be it enacted, That all and every fuch Sum and Sums of Money fo to be prefented thall be prefented, and all Payments on account of fuch Prefentments fhall be made on the like Affidavits, and fubje&t to like Regulations and Conditions as are preferibed and required with refpect to the prefenting and paying Money for the like Purposes, by an Act made in the Parliament of Ireland, in the Thirty-fixth Year of His prefent Majefty's Reign, intituled, An Act for the Amendment of Publick Roads, for directing the Power of Grand Juries refpecling Prefentments, and for repealing feveral Laws heretofore made for fuch Purpofes, except fo far as the fame may require to be altered in order to make them conformable to the Provisions of this A&t. Subject to like Affidavits, &c. as required by 35 G. 3. (I.) c. 55. III. And for the more speedily repairing sudden Breaches in the faid Road, and the Bridges and Gullets thereon,' Be it further enacted, That it fhall and may be lawful for the Grand Jury of any Grand Juries County, County of a City or County of a Town in Ireland, at any empowered to Affizes to nominate and appoint fuch and fo many Perfons poffeffed appoint Superof a Freehold or Leafehold Eltate of not less than Five hundred Pounds vifers of Roads yearly Value, who may be willing to act without any Saiary or Allow. without Salary. ance, to be Supervisors of fuch Roads in the faid County, County of a City, or Town, or of fuch Part thereof as fhall be specified by fuch Grand Jury, not exceeding Eight Miles in Length, for the Purpose of fuperintending the fame, and of preventing all Nuifances and Injuries thereto, and from Time to Time to remove any fuch Supervisor, and to appoint another in his Stead; and it fhall and may be lawful for every fuch Supervifor to expend and lay out in each and every Year any Sum or Sume of Money, not exceeding One Shilling by the N 2 Perch Supervifor may expend yearly not exceeding 1s. per Perch. Supervifor may appoint a Deputy with a Salary; and with Powers of Confervators under 36 G. 3. (I.) c. 55. Grand Jury may of Deputy; Grand Juries fhall prefent, in the first Inftance, for levelling and forming new Roads from Market Towns. A.D. 1809. Perch for each Perch within the District of fuch Supervifor, in repairing, cleanfing, and otherwife improving fuch Roads or Part of them, and the Bridges and Pipes thereon, and in removing all fuch Nuisances as may occur thereon; and it fhall and may be lawful for every fuch Supervifor to appoint One or more Deputy or Deputies, with a Salary by the Year not exceeding for the Whole of such Deputy or Deputies a Sum to be calculated after the Rate of Two-pence for each Perch of the Road, to the Care of which fuch Supervisor fhad be fo appointed; and fuch Supervifor and his Deputy or Deputies fhall have all fuch Powers and Authorities with refpect to fuch Roads or Parts thereof as aforefaid. as are given to Overfeers and Confer vators of Roads under and by virtue of the faid recited A&t of the Thirty-fixth Year aforefaid. IV. And be it further enacted. That it fhall and may be lawful for the Grand Jury of any County, County of a City, or County of a Town, where fuch Supervisors fhall be nominated and appointed as aforefaid, and fuch Grand Jury fhall and they are hereby required at any Affizes to prefent fuch Sum and Sums of Money as fhall be neceffary to re-imburfe and defray all Sums fo advanced and laid out by any fuch Supervifor, and for the Payment of any fuch Deputy or Deputies, to be levied either off the County at large, or off any Barony or Half Barony wherein fuch Road is fituate: Provided always, that an Affidavit made and figned before fome Juftice of the Peace by fuch Supervifor fhall be laid before fuch Grand Jury, ftating that the Work has been properly executed, together with an Affidavit made and figned in like Manner by the Deputy employed in fuch Work, ftating that the Money has been fairly and honestly expended, and is a reasonable Charge to the best of his Knowledge and Belief, with the Particulars of the Expenditure. V. And be it further enacted, That whenever any Grand Jury of any County, County of a City, or County of a Town in Ireland, fhall at any Affizes or Prefenting Term have prefented any new Road to be laid out and made between any Two Market Towns, or from any Market Town to the Sea. pursuant to the Directions of the faid recited Act of the Thirty-fixth Year, and fhall deem it expedient to make a Prefentment for forming, levelling, and draining the fame diftin&t from the Prefentment for gravelling or making it with fmall Stones, it fhall be lawful for fuch Grand Jury to prefent all fuch Sum and Sums of Money as fhall be nec ffary for levelling and forming, or draining the fame, to be raised off the Barony or Half Barony, or County of a City, or County of a Town, in which fuch Road fhall be fituate: Provided always, that an Affidavit fworn by Two credible Witneffes who can read and write, before a Juftice of the Peace for fuch County, in Form following, fhall have been firft laid before fuch Grand Jury; (that is to fay), ⚫ clear of all Ditches, Banks, Drains, and Fences, being at the Rate • of by the Perch, and that the faid Sum is a reafon VI. And be it further enacted, That no Money fhall be paid by Overfeers' Affi the Treafurer of any County on account of any fuch Prefentment, davit for Account until an Affidavit of One of the Overfeers appointed by the Grand before Payment of Money by Jury, fworn before a Juftice of Peace for fuch County, in the Form following, be firft allowed by the Gra..d Jury and the Court; COUNTY of was prefented at Whereas the Sum of Affizes, in the Year to be expended in forming, levelling, or draining [as the Cafe may Perches of the new intended Road from be] Feet wide in the clear of all Ditches, Banks, or Fences: Now do fwear, that I have faithfully and honeftly • I expended the Sum of in forming, levelling, or Feet in the Cicar between the Ditches, Banks, or Fences, and is level throughout the Whole of the faid Width; and that there is not adjoining to either Side of the Road fo formed, levelled, and drained, any Grip, Trench, or Drain, without a Wall or other fufficient Fence between it and the Side of the Road, and that the annexed Account is true in every Part, and contains the Whole of the Expenditure of the faid Sum of ⚫ and that every Part of the faid Work was finished on the VII. And be it further enacted, That it fhall and may be lawful for the Grand Jury of any County in which fuch Road fhall have been fo far formed and laid out, at any Affizes which fhall be holden for fuch County, to prefent any fuch Sum or Sums as may be neceffary for making and finishing of fuch Road with Gravel or fmall Scones; and all fuch Sum and Sums of Money fhall be prefented and paid upon the like Affidavits, and fubject to the like Regulations and Conditions as are prefcribed and required for prefenting and paying Money for making new Roads by the faid recited A&t of the Thirtyfixth Year aforefaid. VIII. And be it further enacted, That in lieu of the Sums allowed and required by the faid recited A&t of the Thirty-fixth Year aforefaid, for the making and repairing of any Foot-path on any Road, it fhall and may be lawful for the Grand Jury at any Affizes or Prefent ing Term after the paffing of this Act, to prefent any Sum not exceeding Three Shillings by the Perch for making, and One Shilling and Sixpence by the Perch for repairing Foot-paths; and the faid refpective Sums fhall be prefented and paid under the Provilions, Regulations, and Affidavits prescribed by the aforefaid Act, with refpe&t to Money prefented for Foot-paths under the faid recited A&t. Treasurer. Grand Jury fhall prefent for finishing fuch Road, upon Affidavits prescribed by 36 G. 3. c. 55. Grand Juries empowered to raife Sums for repairing Footpaths inftead of the Sums stated in 36 G. 3. c. a 5. Court-Houfe IX. And be it further enacted, that in lieu of the Sum allowed Increased and required by the faid recited A&t of the Thirty-fixth Year afore- Prefentment for faid, to be presented by Grand Juries for Court houfe Keepers, it Keepers, instead fhall and may be lawful for any Grand Jury at any Affizes or Prefent- of that under ing Term after the paffing of this Act, to prefent any Sum, not 36 G. B. c. 55. exceeding Eight Pounds in each Year, for the Court-house Keeper |