GUNPOWDER. 1 Will. 4, c. 44. Books may be ex amined on behalf of chief secretary. Penalty on default, &c., 204. Justice of peace may search for arms, &c. Lord lieutenant may revoke any licence. Recovery of forfeitures, &c., for use of the crown. Lord lieutenant in council may re sold or repaired, and the respective times when; and shall monthly return to the cheif secretary of the lord lieutenant or other chief governor or governors of Ireland, or, in his absence, to his under secretary, a copy of such account, verified on oath before any magistrate; and it shall be lawful for any person empowered for that purpose by the chief secretary, or, in his absence, by his under secretary, at all reasonable times, on demand, to have access to such book to examine the same; and if any person making, repairing, or selling any such article, shall not keep such book, or shall not truly enter therein such account as aforesaid, or shall omit to make any such return as aforesaid, verified as aforesaid, or shall not, after demand, produce such book to such person as shall be authorized as aforesaid, or shall not permit such person to examine the same, every person offending shall, for every such offence, forfeit 201." Sect. 24 enacts, "That it shall and may be lawful to and for any justice of the peace or magistrate, to enter and search, or to grant a warrant to any person or persons to be by him named to enter and search, any house, place, ship, boat, or vessel where or in which such justice or magistrate shall, from information on oath, have reasonable grounds to suspect any arms, ammunition, or gunpowder, to be deposited for any purpose contrary to this act." Sect. 25 enacts, "That it shall and may be lawful to and for the lord lieutenant or other chief governor or governors of Ireland, at any time, by order under his hand, or signified by the chief secretary, or, in his absence, by the under secretary, to annul and make void any licence granted under this act." Sect. 26 enacts," That all pecuniary forfeitures inflicted by this act, shall go and be paid to the use of his Majesty, his heirs, and successors, and may be recovered by information to be filed in the name of his Majesty's attor ney-general, in any of his Majesty's courts of record in Dublin; and any forfeiture of any article or thing which by virtue of this act shall and may be seized, shall be sued for, recovered, and applied in the manner and form, and by the ways and means, and with the powers and authorities prescribed, directed, or appointed in and by any law relative to his Majesty's revenue of excise, as if the same were particularly mentioned and expressed, and re-enacted in this present act, with the like remedy of appeal to and for any party who shall think him or herself aggrieved or injured, as in and by any law relating to his Majesty's revenue of excise is provided." Sect. 27 provides, "That it shall and may be lawful for the lord lieutenmit penalties, &c. ant or other chief governor or governors of Ireland, at his and their discretion, to remit or mitigate any penalty or forfeiture sued for under this act, and to order the restoration of any ship, vessel, or boat, or of any armis, gunpowder, or ammunition, or other article, seized under the authority of this act." Commissioners, &c., may restore under certain circumstances. Sect. 28 provides, "That in any case in which it shall be made appear to the satisfaction of the commissioner and assistant commissioners of customs ships, &c., and remit penalties, &c., acting in Dublin, or the collector of the customs at that port, or the collector of the customs at any other port in Ireland, that any seizure has been made of any ship, vessel, or boat, or of any arms, gunpowder, ammunition, or other article, or that any penalty or forfeiture has been incurred by the owners, or by the master or commander of any ship, vessel, or boat, or by any other person or persons, for any offence against this act, contrary to the intentions, and without the privity, consent, or concurrence of the person or persons liable in any manner to suffer by any such seizure, penalty, or forfeiture, it shall and may be lawful for such commissioner and assistant commissioners, and for any such collector of the customs as aforesaid, at the port in which such circumstances shall take place, to order any ships, vessels, or boats, to be restored in any such manner, and on such terms and conditions as such commissioner and assistant commissioners of customs, or as such collector of customs, shall think fit to direct, and also to remit or mitigate any penalty or forfeiture, as they shall see reason to acquit any party of blame in respect of such offence, or more or less to attribute the GUNPOWDER. commission of such offence to neglect of duty in any such party; and every forfeiture, and every penalty or part thereof so remitted, shall be null and 1 Will. 4, c. 44. void; and no suit or action shall be brought or maintained by any person whatever on account of any such seizure or detention, or of the imposing of any such forfeiture or penalty." tions. Sect. 29 enacts, "That in case any action or suit shall be commenced Limitation of acagainst any person or persons for any matter or thing done or executed in pursuance of this act, such action or suit shall be commenced within three calendar months next after the alleged cause of action shall accrue; and the defendant or defendants in such action may plead the general issue, and give this act and the special matter in evidence, on any trial to be had thereon, and prove that the same was done under the authority of this act; and if a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall become nonsuited, or discontinue his or their action or prosecution, or if judgment shall be given against such plaintiff or plaintiffs, upon demurrer or otherwise, such defendant or defendants shall have double costs awarded to him or them against such plaintiff or plaintiffs." Commencement and continuance of act. Sect. 30 enacts, "That this act shall commence and take effect from the last day of this present session of Parliament, and shall be and remain in force for the term of one year from and after the passing thereof, and from thence until the end of the then next session of Parliament." Sect. 31 enacts, "That this act may be altered, amended, or repealed by Act may be any act or acts to be made in this present session of Parliament.' amended. Gypsies. See ante, Egyptians, Vol. II; Vagrants, Vol. V. Habeas Corpus (@). I. The Habeas Corpus Act, 31 Car. 2, c. 2, and 56 Geo. 3, c. II. Habeas Corpus ad Subjiciendum, and Proceedings on, 1083. IV. Forms, 1086. 1. The Habeas Corpus Act, 31 Car. II. c. 2, & 56 Geo. III. c. 100. THE 31 Car. II. c. 2, is the most highly remedial act which stands upon the statute book. 2 B. & P. 539. The 31 Car. II. c. 2, s. 1, recites, 'Whereas great delays have been used 31 Car. 2, c. 2. by sheriffs, gaolers, and other officers to whose custody any of the King's subjects have been committed for criminal, or supposed criminal, matters, in making returns of writs of habeas corpus to them directed, by standing (a) As to the writ of habeas corpus in general, see the same fully considered, 1 Chit. Crim. Law, 117 to 132; Com. HABEAS CORPUS, &c. 31 Car. 2, c. 2. Writs of habeas corpus within three days after service to be returned, and the body brought, if within twenty miles, &c. Such writs, how to be marked. Writs of habeas corpus, and the proceedings thereon in vacation time. out an alias and pluries habeas corpus, and sometimes more, and by other shifts, to avoid their yielding obedience to such writs, contrary to their doty and the known laws of the land, whereby many of the King's subjects have been, and hereafter may be, long detained in prison, in such cases where, by law, they are bailable, to their great charges and vexation :' Sect. 2. For the prevention whereof, and the more speedy relief of al persons imprisoned for any such criminal, or supposed criminal, matters;' it is enacted, "That whensoever any person or persons shall bring any habeas corpus directed unto any sheriff or sheriffs, gaoler, minister, or other person whatsoever, for any person in his or their custody, and the said it shall be served upon the said officer, or left at the gaol or prison with any of the under officers, under keepers, or deputy of the said officers or keep ers, that the said officer or officers, his or their under officers, under keepers, or deputies, shall, within three days after the service thereof as aforesaid, (unless the commitment aforesaid were for treason or felony, plainly and specially expressed in the warrant of commitment), upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and indorsed upon the said writ, not exceeding 12d. per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge to which he shall be brought according to the true intent of this present act, and that he will not make any escape by the way, make return of such writ; and bring, or cause to be brought, the body of the party so committed or restrained, unto or before the lord chancellor, or lord keeper of the great seal of England for the time being, or the judges or barons of the said court from whence the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof; and shall then likewise certify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be residing; and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days, and if beyond the distance of one hundred miles, then within the space of twenty days, after such delivery aforesaid, and not longer." Sect. 3. "And to the intent that no sheriff, gaoler, or other officer, may pretend ignorance of the import of any such writ;" it is enacted, "That all such writs shall be marked in this manner, per statutum tricesimo primo Caroli Secundi Regis, and shall be signed by the person that awards the same; and if any person or persons shall be or stand committed or detained as aforesaid, for any crime, unless for felony or treason plainly expressed in the warrant of commitment, in the vacation time, and out of term, it shall and may be lawful to and for the person or persons so committed or detained (other than persons convict or in execution by legal process) or any one on his or their behalf, to appeal or complain to the lord chancellor or lord keeper, or any one of his Majesty's justices, either of the one bench or of the other, or the barons of the Exchequer of the degree of the coif; and the said lord chancellor, lord keeper, justices, or barons, or any of them, upon view of the copy or copies of the warrant or warrants of commitment and detainer, or otherwise upon oath made that such copy or copies were denied to be given by such person or persons in whose custody the prisoner or prisoners is or are detained, are hereby authorized and required, upon request made in writing by such person or persons, or any on his, her, or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to award and grant an habeas corpus under the seal of such court whereof he shall then be one of the judges, to be directed to the officer or officers in whose custody the party so committed or detained shall be, returnable immediate before the said lord chancellor, or lord keeper, or such justice, baron, or any other justice or baron of the degree of the coif of any of the said courts; and upon service thereof as aforesaid, the officer or officers, his or their under officer or under officers, under HABEAS CORPUS, &c. keeper or under keepers, or their deputy, in whose custody the party is so committed or detained, shall, within the times respectively before limited, bring such prisoner or prisoners before the said lord chancellor or lord 31 Car. 2, c. 2. keeper, or such justices, barons, or one of them, before whom the said writ is made returnable, and in case of his absence, before any other of them, with the return of such writ, and the true causes of the commitment and detainer; and thereupon, within two days after the party shall be brought before them, the said lord chancellor or lord keeper, or such justice or baron before whom the prisoner shall be brought as aforesaid, shall discharge the said prisoner from his imprisonment, taking his or their recognizance, with one or more surety or sureties, in any sum according to their discretions, having regard to the quality of the prisoner and nature of the offence, for his or their appearance in the court of King's Bench the term following, or at the next assizes, sessions, or general gaol-delivery of and for such county, city, or place where the commitment was, or where the offence was committed, or in such other court where the said offence is properly cognizable, as the case shall require, and then shall certify the said writ with the return thereof, and the said recognizance or recognizances into the said court where such appearance is to be made; unless it shall appear unto the said lord chancellor or lord keeper, or justice or justices, or baron or barons, that the party so committed is detained upon a legal process, order, or warrant, out of some court that hath jurisdiction of criminal matters, or by some warrant signed and sealed with the hand and seal of any of the said justices or barons, or some justice or justices of the peace, for such matters or offences for the which by the law the prisoner is not bailable." a Sect. 4 provides and enacts, "That if any person shall have wilfully neglected, by the space of two whole terms after his imprisonment, to pray habeas corpus for his enlargement, such person so wilfully neglecting shall not have any habeas corpus to be granted in vacation time, in pursuance of this act." Sect. 5 enacts, "That if any officer or officers, his or their under officer or under officers, under keeper or under keepers, or deputy, shall neglect or refuse to make the returns aforesaid, or to bring the body or bodies of the prisoner or prisoners, according to the command of the said writ, within the respective times aforesaid, or upon demand made by the prisoner, or person in his behalf, shall refuse to deliver, or within the space of six hours after demand shall not deliver, to the persons so demanding, a true copy of the warrant or warrants of commitment and detainer of such prisoner, which he and they are hereby required to deliver accordingly; all and every the head gaolers and keepers of such prisons, and such other person in whose custody the prisoner shall be detained, shall, for the first offence, forfeit to the prisoner or party grieved the sum of 100l., and for the second offence the sum of 2001., and shall and is hereby made incapable to hold or execute his said office; the said penalties to be recovered by the prisoner or party grieved, his executors or administrators, against such offender, his executors or administrators, by any action of debt, suit, bill, plaint, or information, in any of the King's courts at Westminster, wherein no essoign, protection, privilege, injunction, wager of law, or stay of prosecution by non vult ulterius prosequi, or otherwise, shall be admitted or allowed, or any more than one imparlance; and any recovery or judgment at the suit of any party grieved shall be a sufficient conviction for the first offence; and any after recovery or judgment at the suit of a party grieved for any offence after the first judgment, shall be a sufficient conviction to bring the officers or person within the said penalty for the second offence.' Sect. 6. For the prevention of unjust vexation by reiterated commitments for the same offence," enacts, "That no person or persons, which shall be delivered, or set at large, upon any habeas corpus, shall, at any time hereafter, be again imprisoned or committed for the same offence, by any person or persons whatsoever, other than by the legal order and process AAAA VOL. II. Persons neglecting two terms to pray a habeas corpus, shall have none in vacation time, in pursuance of this act. Officers how to be proceeded against for not obeying such writs. Persons set at large not to be reorder of court. committed but by HABEAS CORPUS, &c. 31 Car. 2, c. 2. Persons commit- of such court, wherein he or they shall be bound by recognizance to appear, or other court having jurisdiction of the cause; and if any other person or persons shall knowingly, contrary to this act, recommit or imprison, or knowingly procure or cause to be recommitted or imprisoned for the same offence, or pretended offence, any person or persons delivered or set at large as aforesaid, or be knowingly aiding or assisting therein, then he or they shall forfeit to the prisoner, or party grieved, the sum of 5001, any colourable pretence or variation in the warrant or warrants of commitment notwithstanding, to be recovered as aforesaid." Sect. 7 provides and enacts, "That if any person or persons shall be committed for high treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court, the first week of the term, or first day of the sessions of oyer and terminer, or general gaol delivery, to be brought to his trial, shall not be indicted some time in the next term, sessions of oyer and terminer, or general gaol delivery, after such commitment, it shall and may be lawful to and for the judges of the Court of King's Bench, and justices of oyer and terminer, or general gaol delivery, and they are hereby required, upon motion to them made in open court, the last day of the term, sessions, or gaol delivery, either by the prisoner, or any one in his behalf, to set at liberty the prisoner upon bail, unless it appear to the judges and justices, upon oath made, that the witnesses for the King could not be produced the same term, sessions, or and tried the term, general gaol delivery; and if any person or persons committed as aforesaid, &c., after, or discharged. upon his prayer or petition, in open court, the first week of the term, or first day of the sessions of oyer and terminer, and general gaol delivery, to be brought to his trial, shall not be indicted and tried the second term, sessions of oyer and terminer, or general gaol delivery, after his commitment, or upon his trial shall be acquitted, he shall be discharged from his imprisonment." Sect. 8 provides, "That nothing in this act shall extend to discharge out of prison any person charged in debt, or other action, or with process in any civil cause, but that, after he shall be discharged of his imprisonment for such his criminal offence, he shall be kept in custody according to the law, for such other suit." Sect. 9 provides and enacts, "That if any person or persons, subjects of this realm, shall be committed to any prison, or in custody of any officer or officers whatsoever for any criminal, or supposed criminal matter, that the said person shall not be removed from the said prison and custody into the custody of any other officer or officers, unless it be by habeas corpus, or some other legal writ; or where the prisoner is delivered to the constable, or other inferior officer, to carry such prisoner to some common gaol, or where any person is sent, by order of any judge of assize, or justice of the peace, to any common workhouse or house of correction, or where the prisoner is removed from one prison or place to another within the same county, in order to his or her trial or discharge in due course of law, or in case of sudden fire or infection, or other necessity; and if any person or persons shall, after such commitment aforesaid, make out and sign, or countersign, any warrant or warrants for such removal aforesaid, contrary to this act; as well he that makes, or signs, or countersigns, such warrant or warrants, as the officer or officers that obey or execute the same, shall suffer and incur the pains and forfeitures in this act before mentioned, both for the first and second offence respectively, to be recovered in manner aforesaid by the party grieved." Sect. 10 provides and enacts, "That it shall and may be lawful to and for any prisoner and prisoners as aforesaid to move and obtain his or their habeas corpus, as well out of the High Court of Chancery, or Court of Exchequer, as out of the Courts of King's Bench or Common Pleas, or either of them; and if the said lord chancellor or lord keeper, or any judge or denying a habeas judges, baron or barons, for the time being, of the degree of the coif, of any of the Courts aforesaid, in the vacation time, upon view of the copy or copies of the warrant or warrants of commitment or detainer, or upon The penalty for corpus. |