(Ireland.)

A

BILL

ΤΟ

Facilitate the Performance of the Duties of Justices of the Peace out of Quarter Sessions in Ireland, with respect to Persons charged with Indictable Offences.

[Note.-The Words printed in Italics are proposed to be inserted in the Committee.]

W

HEREAS it would conduce much to the Improvement Preamble. of the Administration of Criminal Justice in Ireland if the several Statutes and Parts of Statutes relating to the Duties of Her Majesty's Justices of the Peace therein with respect 5 to Persons charged with indictable Offences were consolidated, with such Additions and Alterations as may be deemed necessary, and that such Duties should be clearly defined by positive Enactment: Be it therefore declared and enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual 10 and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in all Cases where a Charge For what or Complaint (A.) shall be made before any One or more of Her Majesty's Justices of the Peace for any County, Division, Liberty, the Peace City, Borough, or Place within Ireland, that any Person has com- may grant a

Offences a
Justice of

Warrant or mitted Summons to

therewith to

before him.

cause a Per- mitted or is suspected to have committed any Treason, Felony, or son charged indictable Misdemeanor, or other indictable Offence whatsoever, within be brought the Limits of the Jurisdiction of such Justice or Justices of the Peace, or that any Person guilty or suspected to be guilty of having committed any such Crime or Offence elsewhere out of the Jurisdiction of 5 such Justice or Justices is residing or being or is suspected to reside or be within the Limits of the Jurisdiction of such Justice or Justices, then and in every such Case, if the Person so charged or complained against shall not then be in Custody, it shall be lawful for such Justice or Justices of the Peace to issue his or their Warrant (B.) to appre- 10 hend such Person, and to cause him to be brought before such Justice or Justices, or any other Justice or Justices for the same County, Division, Liberty, City, Borough, or Place, to answer to such Charge or Complaint, and to be further dealt with according to Law: Provided always, that in all Cases it shall be lawful for such Justice or 15 Justices to whom such Charge or Complaint shall be preferred, if he suing a War- or they shall so think fit, instead of issuing in the first instance his rant in the or their Warrant to apprehend the Person so charged or complained first instance. against, to issue his or their Summons (C.) directed to such Person,

In what Cases the Party may be summoned instead of is

If the Sum

mons be not obeyed, then a Warrant may be

issued.

Warrant to apprehend for Offences committed

requiring him to appear before the said Justice or Justices at a Time 20
and Place to be therein mentioned, or before such other Justice or
Justices of the same County, Division, Liberty, City, Borough,
or Place as may then be there, and if after being served with such
Summons in manner herein-after mentioned he shall fail to appear
at such Time and Place, in obedience to such Summons, then and in 25
every such Case the said Justice or Justices, or any other Justice or
Justices of the Peace for the same County, Division, Liberty, City,
Borough, or Place, may issue his or their Warrant (D.) to apprehend
such Person so charged or complained against, and cause such Per-
son to be brought before him or them, or before some other Justice 30
or Justices of the Peace for the same County, Division, Liberty,
City, Borough, or Place, to answer to the said Charge or Complaint,
and to be further dealt with according to Law: Provided nevertheless,
that nothing herein contained shall prevent any Justice or Justices of
the Peace from issuing the Warrant herein-before first mentioned at 35
any Time before or after the Time mentioned in such Summons for
the Appearance of the said accused Party.

II. And be it enacted, That in all Cases of indictable Crimes or Offences of any Kind or Nature whatsoever committed on the High Seas, or in any Creek, Harbour, Haven, or other Place in which the 40 on the High Admiralty of England or Ireland have or claim to have Jurisdiction,

Seas or

abroad.

and in all Cases of Crimes or Offences committed on Land beyond the Seas, for which an Indictment may legally be preferred in any Place

within

within Ireland, it shall be lawful for any One or more of Her Majesty's Justices of the Peace for any County, Division, Liberty, City, Borough, or Place within Ireland in which any Person charged with having committed or with being suspected to have committed 5 any such Crime or Offence shall reside or be, or shall be supposed or suspected to reside or be, to issue his or their Warrant (E.) to apprehend the Person so charged, and to cause him to be brought before him or them, or some other Justice or Justices of the Peace for the same County, Division, Liberty, City, Borough, or Place, 10 to answer to the said Charges, and to be further dealt with according to Law.

is found.

III. And be it enacted, That where any Indictment shall be found Warrant to by the Grand Jury in any Court of Oyer and Terminer or General apprehend a Party against Gaol Delivery, or in any Court of General or Quarter Sessions of whom an 15 the Peace, against any Person who shall then be at large, and whether Indictment such Person shall have been bound by any Recognizance to appear to answer to the same or not, the Person who shall act as Clerk of the Crown at such Court of Oyer and Terminer or Gaol Delivery, or as Clerk of the Peace at such Sessions, at which the said Indict20 ment shall be found, shall at any Time afterwards, after the End of the Sessions of Oyer and Terminer or Gaol Delivery or Sessions of the Peace at which such Indictment shall have been found, upon Application of the Prosecutor, or of any Person on his Behalf, and on Payment of a Fee of One Shilling, if such Person shall not have 25 already appeared and pleaded to such Indictment, grant unto such Prosecutor or Person a Certificate (F.) of such Indictment having been found; and upon Production of such Certificate to any Justice or Justices of the Peace for any County, Division, Liberty, City, Borough, or Place in which the Offence shall in such Indictment 30 be alleged to have been committed, or in which the Person indicted in and by such Indictment shall reside or be, or be supposed or suspected to reside or be, it shall be lawful for such Justice or Justices, and he and they are hereby required, to issue his or their Warrant (G.) to apprehend such Person so indicted, and to cause him to 35 be brought before such Justice or Justices, or any other Justice or Justices for the same County, Division, Liberty, City, Borough, or Place, to be dealt with according to Law, and afterwards, if such Person be thereupon apprehended and brought before any such Justice or Justices, such Justice or Justices, upon its being proved upon 40 Oath or Affirmation before him or them that the Person so apprehended is the same Person who is charged and named in such Indictment, shall, without further Inquiry or Examination, commit (H.) him for Trial, or admit him to Bail, in manner herein-after mentioned;

62.

or

If Person

indicted be already in Prison for some other

or if such Person so indicted shall be confined in any Gaol or Prison for any other Offence than that charged in the said Indictment, at the Time of such Application, and Production of the said Certificate Offence, Jus. to such Justice or Justices as aforesaid, it shall be lawful for such tice may Justice or Justices and he and they are hereby required, upon it 5 be detained being proved before him or them upon Oath or Affirmation that

order him to

until re

moved by

Writ of Habeas.

Power to

Justice to issue Warrants on

Sundays.

Justices for adjoining Counties,

&c. may act

as such for one County, &c. while residing in another.

the Person so indicted and the Person so confined in Prison are one
and the same Person, to issue his or their Warrant (I.) directed to
the Gaoler or Keeper of the Gaol or Prison in which the Person so
indicted shall then be confined as aforesaid, commanding him to detain 10
such Person in his Custody until by Her Majesty's Writ of Habeas
Corpus he shall be removed therefrom, for the Purpose of being
tried upon the said Indictment, or until he shall otherwise be removed
or discharged out of his Custody by due Course of Law.

IV. And be it enacted, That it shall be lawful for any Justice 15 or Justices of the Peace to grant or issue and cause to be executed any Warrant as aforesaid or any Search Warrant on a Sunday as well as on any other Day.

V. And be it enacted, That in Cases where a Justice of the Peace for any County, Division, Liberty, City, Borough, or Place 20 shall be also Justice of the Peace for a County, Division, Liberty, City, Borough, or Place next adjoining thereto or surrounded thereby, it shall and may be lawful for such Justice of the Peace to act as such Justice for the one County, Division, Liberty, City, Borough, or other Place whilst he is residing or happens to be in the other such 25 County, Division, Liberty, City, Borough, or other Place, in all Matters and Things herein before or hereafter in this Act mentioned; All Acts of and that all such Acts of such Justice, and the Acts of any Constable Justice, &c. or other Officer in obedience thereto, shall be as valid, good, and to be valid. effectual in the Law to all Intents and Purposes as if such Justice at 30 the Time he shall so act as aforesaid were in the County, Division, Liberty, City, Borough, or other Place for which he shall so act; and all Constables and other Officers for the County, Division, Liberty, City, Borough, or Place for which such Justice shall so act as aforesaid are hereby authorized and required to obey the Warrants, 35 Orders, Directions, Act or Acts of such Justice which in that Behalf shall be granted, given, or done, and to do and perform their several Offices and Duties in respect thereof, under the Pains and Penalties to which any Constable or other Officer may be liable for a Neglect Constables, of Duty; and any such Constable or other Peace Officer, or any other 40 Person, apprehending or taking into Custody any Person offending against Law, and whom he lawfully may and ought to apprehend

&c. appre

hending Offenders in

or