until removed by beas. be detained being proved before him or them upon Oath or Affirmation that the Person so indicted and the Person so confined in Prison are one Writ of Ha- and the sanie 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 5 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. Power to Justice to issue War rants on Sundays. Justices for adjoining Counties, &c. may act Justice, &c. to be valid. IV. And be it enacted, That it shall be lawful for any Justice 10 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 15 shall be also Justice of the Peace for a County, Division, Liberty, as such for City, Borough, or Place next adjoining thereto or surrounded thereby, one County, &c. while it shall and may be lawful for such Justice of the Peace to act as residing in such Justice for the one County, Division, Liberty, City, Borough, another. or other Place whilst he is residing or happens to be in the other such 20 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 or other Officer in obedience thereto, shall be as valid, good, and effectual in the Law to all Intents and Purposes as if such Justice at 25 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, 30 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 35 Person, apprehending or taking into Custody any Person offending against Law, and whom he lawfully may and ought to apprehend or take into Custody, by virtue of his Office or otherwise, in any such County, Division, Liberty, City, Borough, or Place, may lawfully them before take and convey such Person so apprehended and taken as aforesaid 40 such Justice in the ad- to and before any such Justice of the Peace for such County, Division, joining Liberty, City, Borough, or Place whilst such Justice shall be in such County, &c., if he act as a adjoining County, Division, Liberty, City, Borough, or Place as aforesaid, &c. appre hending Offenders in one such County, &c., may take both. said, and the said Constables and other Peace Officers, and all such Justice in other Persons as aforesaid, are hereby authorized and required in all such Cases so to act in all things as if the said Justice of the Peace were within the said County, Division, Liberty, City, Borough, or 5 Place for which he shall so act. for it in an adjoining City or Place of exclusive Jurisdiction. VI. And be it enacted, That it shall be lawful for any Justice or Justices for Justices of the Peace acting for any County at large, or for any &c. may act a County, Division of such County, to act as such at any Place within any City, Town, or other Precinct, being a County of itself, or 10 otherwise having exclusive Jurisdiction, and situated within, surrounded by, or adjoining to any such County or Division respectively, and that all and every such Act and Acts, Matters and Things, to be so done by such Justice or Justices within such City, Town, or Precinct, as Justice or Justices for such County or Divi15 sion respectively, shall be as valid and effectual in Law as if the same had been done within such County or Division respectively to all Intents and Purposes whatsoever: Provided always, that Not to give nothing in this Act contained shall extend to give Power to the Justices of the Peace for any County or Division, not being also Justices 20 for such City, Town, or other Precinct, or not having Authority as Justices of the Peace therein, or any Constable or other Officer acting under them, to act or intermeddle in any Matters or Things arising within any such City, Town, or Precinct, in any Manner whatsoever. Power to act, Matters, &c. arising within the same. act in de Counties VII. And be it enacted, That after the passing of this Act it shall Justices may 25 be lawful for any Justice or Justices of the Peace acting for any tached Parts County to act as a Justice or Justices of the Peace in all Things, of other as well in Cases of summary Jurisdiction, or of Acts merely ministerial, locally inas in all other Cases or Things whatsoever, concerning or in anywise cluded in relating to any detached Part of any other County which is surrounded their County. 30 in whole or in part by the County for which such Justice or Justices acts or act; and that all Acts of such Justice or Justices of the Peace, although done in the County for which such Justice or Justices acts or act, and all Acts of any Constable or other Officer in obedience thereto, shall be as good and effectual as if such Justice 35 or Justices were a Justice or Justices for the County to which such detached Part belongs, and as if such Justice or Justices at the Time of so acting was or were in such last-mentioned County; and all Constables and other Officers of such detached Part are hereby required to obey the Warrants, Orders, and Acts of such Justice or Justices, 40 and to perform their several Duties in respect thereof, under the Pains and Penalties to which any Constable or other Officer may be liable for a Neglect of Duty. 131. B VIII. And When Warrant is to be issued, Information, to be laid before Justices. If Summons to be issued instead, In VIII. And be it enacted, That in all Cases where a Charge or Charge, &c. is made, if a Complaint for any indictable Offence shall be made before such Justice or Justices as aforesaid, if it be intended to issue a Warrant in the first instance against the Party or Parties so charged, an In&c. on Oath, formation and Complaint thereof (A.) in Writing, on the Oath or 5 Affirmation of the Informant or of some Witness or Witnesses in that Behalf, shall be laid before such Justice or Justices: Provided always, that in all Cases where it is intended to issue a Summons instead of a Warrant in the first instance, it shall not be necessary that such Information and Complaint shall be in Writing, or be 10 cessary to be sworn to or affirmed in manner aforesaid, but in every such Case such Information and Complaint may be by Parol merely, and without any Oath or Affirmation whatsoever to support or substantiate the same: Provided also, that no Objection shall be taken or allowed to any such Information or Complaint for any alleged Defect therein in 15 Substance or in Form, or for any Variance between it and the Evidence adduced on the Part of the Prosecution before the Justice or Justices who shall take the Examination of the Witnesses in that Behalf, as herein-after mentioned. formation, &c. not ne on Oath. No Objection allowed for alleged Defect in Form. Upon Complaint being same may issue Sum mons or Warrant for Appearance of Person charged. IX. And be it enacted, That upon such Information and Com- 20 laid, Justices plaint being so laid as aforesaid the Justice or Justices receiving the receiving the same may, if he or they shall think fit, issue his or their Summons or Warrant respectively as herein-before is directed to cause the Person charged as aforesaid to be and appear before him or them, or any other Justice or Justices of the Peace for the same County, Division, 25 Liberty, City, Borough, or Place, to be dealt with according to Law; and every such Summons (C.) shall be directed to the Party so charged in and by such Information, and shall state shortly the Matter of such Information, and shall require the Party to whom it is so directed to be and appear at a certain Time and Place therein men- 30 tioned before the Justice who shall issue such Summons, or before such other Justice or Justices of the Peace of the same County, Division, Liberty, City, Borough, or Place as may then be there, to answer to the said Charge, and to be further dealt with according to Law; and every such Summons shall be served upon the Person to 35 whom it is so directed by delivering the same to the Party personally, or if he cannot conveniently be met with then by leaving the same with some Person for him at his last or most usual Place of Abode; and the Person who shall have served the same in manner aforesaid shall attend at the Time and Place and before the 40 Justices in the said Summons mentioned, to depose, if necessary, to the Service of such Summons; and if the Person so served shall not be and appear before the Justice or Justices at the Time and tend, Justice Place mentioned in such Summons, in obedience to the same, or at such How Summons to be served. If Party summoned do not at. Warrant to compel At. tion allowed such other Time or Place, if any, to which the hearing of such may issue a Case may be adjourned, then it shall be lawful for such Justice or Justices to issue his or their Warrant (D.) for apprehending the tendance. Party so summoned, and bringing him before such Justice or Justices, 5 or some other Justice or Justices of the Peace for the same County, Division, Liberty, City, Borough, or Place, to answer the Charge in the said Information and Complaint mentioned, and to be further dealt with according to Law: Provided always, that no Objection No Objecshall be taken or allowed to any such Summons or Warrant for any for alleged 10 alleged Defect therein in Substance or in Form, or for any Variance Defect in between it and the Evidence adduced on the Part of the Prosecution before the Justice or Justices who shall take the Examinations of the Witnesses in that Behalf, as herein-after mentioned; but if any such Variance shall appear to such Justice or Justices to be such that 15 the Party charged has been thereby deceived or misled, it shall be lawful for such Justice or Justices, at the Request of the Party so charged, to adjourn the hearing of the Case to some future Day, and in the meantime to remand the Party so charged, or admit him to Bail, in manner herein-after mentioned. 20 Form, &c. and Seal of directed, X. And be it declared and enacted, That every Warrant (B.) here- Warrant to after to be issued by any Justice or Justices of the Peace to apprehend Parties to be apprehend any Person charged with any indictable Offence shall be under the under Hand Hand and Seal or Hands and Seals of the Justice or Justices issuing Justice. the same, and may be directed either to any Constable or other Person How War25 by Name, or generally to the Constables of the District within which rant to be the same is to be executed, or any of them, without naming them, and to whom. or to such Constables and all other Constables or Peace Officers in the County or other District within which the Justice or Justices issuing such Warrant has or have Jurisdiction, or generally to all the 30 Constables or Peace Officers within such last-mentioned County or District, and it shall state shortly the Offence on which it is founded, and shall name or otherwise describe the Offender, and it shall order the Person or Persons to whom it is directed to apprehend the Offender, and bring him before the Justice or Justices issuing the 35 said Warrant, or before some other Justice or Justices of the Peace for the same County, Division, Liberty, City, Borough, or Place, to answer to the Charge contained in the said Information, and to be further dealt with according to Law; and it shall not be necessary to make such Warrant returnable at any particular Time, but the 40 same may remain in force until it shall be executed; and such War- How and rant may be executed by apprehending the Offender at any Place rant may be within the County, Division, Liberty, City, Borough, or Place within executed. which the Justice or Justices issuing the same shall have Jurisdiction, or in case of fresh Pursuit at any Place in the next adjoining County where War. 131. or No Objec tion allowed for alleged Defect in Form, &c. Regulations as to the Backing of Warrants. or Place, and within Seven Miles of the Border of such first-mentioned 25 XI. And be it enacted, That if the Person against whom any such Warrant shall be issued as aforesaid shall not be found within the Jurisdiction of the Justice or Justices by whom the same shall be issued, or if he shall escape, go into, reside, or be, or be supposed or suspected to be, in any Place in Ireland out of the Jurisdiction 30 of the Justice issuing such Warrant, it shall and may be lawful for any Justice of the Peace for the County or Place into which such Person shall so escape or go, or in which he shall reside or be, or be supposed or suspected to be, upon Proof alone being made on Oath of the Handwriting of the Justice issuing such Warrant, to make an In- 35 dorsement (K.) on such Warrant, signed with his Name, authorizing the Execution of such Warrant within the Jurisdiction of the Justice making such Indorsement, and which Indorsement shall be sufficient Authority to the Person bringing such Warrant, and to all other Persons to whom the same was originally directed, and also to all Constables and other 40 Peace Officers of the County or Place where such Warrant shall be so indorsed, to execute the same in such other County or Place, and to carry the Person against whom such Warrant shall have issued, when apprehended, before the Justice and Justices of the Peace who first issued |