No. III. c. 48. to any offence or matter cognizable by such court; and that all sheriffs clerks of the crown and of the peace, constables, and other officers, 4 & 5 W. 4, bound to attend at any sessions of the peace or assizes, shall be in like manner bound to attend at such courts to be holden under the provisions of this act, and obey the orders thereof. Sheriffs and other officers bound to III. That all prosecutors, traversers, offenders, witnesses, and others, attend it. who shall be bound by recognizance or otherwise to appear at any ordi- Prosecutors, nary sessions of the peace or assizes, or other court of criminal jurisdic- offenders, wittion for such county, shall, upon being duly served ten days previous to nesses, &c. the holding of such extraordinary court of sessions with a notice or shall be bound summons on behalf of his Majesty, either personally, or by leaving the to attend theresame at his, her, or their usual or last place of abode, attend at such at on receiving extraordinary court of sessions, and prosecute, abide trial, appear, or a written notice give evidence at the same, in like manner as any such person would be bound to do at any court specified in any such recognizance, or at which such person would be otherwise bound to appear; and in case of default of any such person in that behalf, such person, and every surety for him, shall be liable as for a breach of such recognizances in like manner as if the condition thereof had been violated by a like default with respect to the court specified therein; but if the person bound in such recognizance shall appear at such extraordinary court to be holden under this act, and shall prosecute, abide trial, give evidence, or be ready to give evidence before the grand jury and upon the trial, as the case may be, then the said recognizances shall be discharged in like manner as if the condition thereof had been fulfilled according to the terms thereof. to that effect. IV. Provided always, That the clerk of the peace for the county in Notice to be which any such extraordinary court of sessions shall be directed to be given by the holden under the authority of this act shall cause the time and place clerk of the appointed for holding the same to be notified in the usual manner of peace of the time and place notifying the holding of general or quarter sessions, or adjournments for holding thereof, or otherwise as the said lord lieutenant shall direct; and that the necessary and proper expences to be thereby incurred shall be raised by presentment of the grand jury at the assizes of the county, in like manner as the other expences incurred in the discharge of the necessary and accustomed duties of such clerk of the peace are defrayed. such court. V. That each such extraordinary court of sessions shall continue to Court may adsit, and shall adjourn from time to time and place to place as conve- journ from time nience may require, until such day as shall be specified for the termina- to time and tion thereof in and by a like order to be made by the said lord lieutenant place to place, of Ireland in council; and that for the purposes of each such session, tion of its situntil terminaand during the continuance thereof, such precepts, writs, warrants, pro- ting, as fixed cesses, and other means for enforcing the attendance thereat of grand by order of lord jurors, petty jurors, witnesses, traversers, offenders, and other persons, lieutenant in shall and may be issued and returned, and juries impannelled, in like council. manner as in ordinary cases of proceeding at any court of criminal jurisdiction: Provided always, That the names of the persons returned to Grand jury. serve on the grand jury at any such session shall be taken from the "Special Jurors List" of such county. VI. That no traverse in prox. shall be received or allowed at any such Offenders to be court, but that every person charged with any offence thereat shall plead tried forthwith, forthwith, and the trial be directly proceeded upon, unless the court unless court shall, upon sufficient matter disclosed by affidavit, think fit in its dis- shall otherwise cretion to postpone such trial according to the course of any court of order. oyer and terminer, general gaol delivery, or general or quarter sessions, either to any subsequent sitting or adjournment of such extraordinary court, or to any other court of oyer and terminer and general gaol delivery, or general or quarter sessions of the peace, or adjournment thereof, for the same county. VII. That no proceeding of or at any extraordinary court of general Proceedings sessions holden under the authority of this act shall, before trial and not to be re judgment, be removed into his Majesty's court of king's bench by writ moved by cerof certiorari or otherwise. tiorari, &c. No. III. 4 & 5 W. 4, c. 48. VIII. That any person not duly authorized by law to keep fire-arms who shall be found, between sunset and sunrise, with fire-arms or other offensive weapons in his possession, in any place save his own dwelling house, or any person not duly authorized by law to keep fire-arms who shall be found, at any hour of the day or night, with any loaded or concealed fire-arms or offensive weapon, within any county in which any court holden under this act shall be then acting, shall be deemed to be certain cases to guilty of a misdemeanor. Carrying or concealing fire-arms in may direct such court to issue a notice enjoining the inhabitants of places therein be deemed a IX. And whereas infractions of the law and violations of the public misdemeanor. peace are frequently contrived and committed by nocturnal assemblies Lord lieutenant of disorderly persons, and it is desirable to provide under proper reguon presentment lations some check to such meetings; be it therefore enacted, That if of grand jury. the grand jury impannelled at any such sessions to be holden under this act shall make a presentment to the court that a necessity exists for taking measures to suppress nocturnal meetings, such presentment shall be transmitted by the chairman to the said lord lieutenant, together with the opinion of the court thereon; and it shall and may be thereupon lawful for the said lord lieutenant, with the advice of his Maspecified to re- jesty's privy council, to authorize and direct such court to issue a notice, enjoining the inhabitants of such county, or any part thereof, or of any adjacent county to be specified therein, to be and remain within their tions at night. respective lodgings and habitations at all hours between one hour after sunset and sunrise, from and after such day as shall be named and specified therein for that purpose, and warning them that all persons who may be found abroad or absent from their respective habitations during such hours, save upon some lawful and proper occasion, will be liable to be punished as guilty of an offence under the provisions of this act; and such notice shall be printed and posted on some conspicuous place in each town and village within each barony or half barony of such county, or if the same be a county of a city or town, on the principal places for posting notices within the same. main within their habita Any person found abroad in the night after such notice, in any place specified therein, shall be deemed guilty of a misdemeanor. X. That any male person who shall be between one hour after sunset and sunrise, at any time after the day specified in any such notice, abroad in any field, road, or elsewhere out of his habitation or lodging, within any county or district specified in such notice, save upon some lawful and proper occasion, shall be deemed to be guilty of a misdemeanor; and that any magistrate or constable of police who shall find any person so abroad, within such hours and within such county or district, shall, at his discretion, have power and authority to apprehend such person; and he shall be committed and detained until trial, unless held to bail by some person thereto authorized. After the day XI. That at any time after the day named and specified in such named in such notice it shall be lawful for the court at any such session to issue a notice, court warrant, signed by the chairman thereof, and countersigned by the may authorize clerk of the peace, and directed to one or more magistrate or magisby warrant do- trates, chief constable or chief constables of police, authorizing him or miciliary visits them, at any time from one hour after sunset until sunrise, to demand in places there- and require that any or every person being an inhabitant or inmate of in specified, &c. any house or building within the county or district specified in such notice shall come forth and show himself or themselves; and if any such person shall not so come forth and show himself within ten minutes after he shall be so required he shall be deemed to be then absent, and shall be certified in writing to be so to the said court by the person or persons by whom he may have been so required to appear; and every owner of any house within such district shall, within twentyfour hours after he shall have been required by any magistrate or chief constable so to do, deliver to such magistrate or chief constable a list of the names of every inmate or inhabitant in his house; and every such owner who shall neglect or refuse so to do shall forfeit for every such neglect or refusal a sum not exceeding ten shillings, on conviction before a magistrate in a summary manner for such neglect or refusal, and in default of payment, on demand, of the sum so forfeited, may be imprisoned for any term not exceeding one week; and the amount of No. III. the sum so forfeited shall and may be levied by a sale of his goods and 4 & 5 W. 4, chattels in case he shall not suffer such imprisonment. c. 48. XII. Provided always, That no such warrant as aforesaid shall be executed or proceeded upon in any county out of the ordinary jurisdic- As to the exetion of such court, unless the same shall be endorsed by one or more of cution of such the magistrates of such adjacent county. warrants. have been ab sent from their dwellings, and may imprison person con XIII. That it shall be lawful for the court to which such certificate Court may shall be returned to summon and require all persons thereby certified summon and to have been absent from their respective dwellings to appear before examine on such court, and for such court to examine such persons or any other oath persons person who may be produced before them upon oath as to such absence certified to and the cause thereof; and if it shall be proved that any such person was duly required to appear by the person or persons so authorized as aforesaid, and if any such person so summoned shall not appear before such court, or if, upon such examination, the non-compliance of such and fine any person with the demand of the person or persons so authorized as aforesaid shall not be explained to the satisfaction of such court, or if it victed thereof shall appear to such court that such person was so absent from his who cannot dwelling as aforesaid without some lawful and proper cause or occasion, satisfactorily such person shall be deemed to be guilty of an offence within this act, account for the and the court shall have power to convict him summarily thereof, and, same. in case of a first offence, to commit him to such place of confinement within the county as such court shall think proper for any period not exceeding one month, or to impose upon him a fine not exceeding one pound, or both, and for any subsequent offence to award a like imprisonment for a period not exceeding three months, or to impose a fine not exceeding five pounds, or both, and also to order that the party convicted shall give security for his good behaviour for twelve calendar months, or in default thereof be liable to an additional imprisonment for any term not exceeding one month. XIV. That any person who shall knowingly give false information Giving false into any person authorized by such warrant, or shall obstruct any formation or person acting thereunder in the execution thereof, after notification obstructing of the object and nature thereof, shall be deemed to be guilty of a mis- execution of demeanor. warrant. remuneration of chairman XV. That it shall and may be lawful for the lord lieutenant of Ire- Lord lieutenant land, by his warrant, to direct to be issued, out of the produce of the may order sums consolidated fund arising in Ireland, such sums of money as may be necessary for necessary for the remuneration of any of his Majesty's serjeants or counsel appointed under the authority of this act; and that on the pro- under this act duction to the grand jury at the assizes of any county of the certificate to be advanced of the chief or under secretary of the said lieutenant of the amount of the money so advanced and issued in respect of the remuneration of such dated fund; serjeant or counsel so employed within the same county, such grand such advances jury shall present the same to be levied off the county at large, and such to be repaid by money, when levied, shall be paid to the collector of excise of the dis- grand jury trict within which such county may be situate, to be by him accounted presentment. for in like manner as other public monies. out of consoli XVI. That in the interpretation of this act the words "Lord Lieu- Construction tenant of Ireland" shall extend to and include any lords justices or of terms. other chief governor or governors of Ireland for the time being; and the word "County" shall extend to and include any riding, or county of a city, or county of a town, or city and county; and every word importing the singular number shall extend and be applied to several persons or things, as well as to one person or thing, and every word importing the masculine gender shall extend and be applied to a female as well as to a male; save and except where, in the use of any such expression as aforesaid, the nature of the provision or the context shall exclude such construction. XVII. That this act shall continue and be in force for five years from Duration of and after the passing thereof, and no longer; and may be altered or re- act. pealed during this present session of parliament. Repeal of stat. de Monetà, temp. incerti; vulgò 20 Edw. 1, st. 4, 5 & 6. 17 Edw. 3. 25 Edw. 3. st. 5, c. 2. c. 12. c. 13. 27 Edw. 3, st. 2. c. 14. cc. 6 & 7. 1 PART V. CLASS III. OFFENCES RELATING TO COIN AND BULLION. 2 W. IV. c. 34.-An Act for consolidating and amending the Laws against Offences relating to the Coin. [23rd May 1832.] WHEREAS the offence of counterfeiting the coin, as well as certain other offences relating to the coin, are now by virtue of several statutes punishable with death: And whereas it is expedient to abolish the punishment of death in all such cases, and to repeal the several statutes against offences relating to the coin, in order that the provisions thereof may be amended and consolidated into one act; be it therefore enacted, &c. That the following statutes and parts of statutes made in the parliament of England, that is to say, the statutes concerning money, commonly cited as of the twentieth year of the reign of king Edward the first, and respectively intituled Statutum de Moneta, Statutum de Moneta parvum, and Articuli de Moneta; and a statute made in the twenty27 Edw. 1, st. seventh year of the same reign, intituled Statutum de falsa Moneta; and 9 Edw. 3, st. 2. a statute made in the ninth year of the reign of king Edward the third, commonly intituled The Statute of Money; and the statute made in the seventeenth year of the same reign; and so much of a statute made in 18 Edw.3.st. 1 the eighteenth year of the same reign as relates to false money; and so much of a statute made in the twenty-fifth year of the same reign as relates to counterfeiting the king's money, and to bringing false money into this realm; and so much of the same statute as relates to taking profit by exchange of gold and silver, and to the impairing the money of gold and silver; and so much of a statute made in the twenty-seventh 3 Hen. 5, st. 2. year of the same reign, intituled Ordinatio Stapularum, as relates to the forfeiture of false money; and so much of a statute made in the third year of the reign of king Henry the fifth as relates to clipping, washing, and filing of the money of the land, and to the persons who shall have power to hear, determine, or inquire of the counterfeiting and of the bringing of false money into the realm, and of clipping, washing, and every other falsity of the said money; and an act passed in the nineteenth year of the reign of king Henry the seventh, intituled Pro reformacione Pecuniarum; and an act passed in the fifth and sixth years of the reign of king Edward the sixth, intituled An Act touching the Exchange of Gold and Silver; and an act passed in the first year of the reign of queen Mary, intituled An Act against counterfeiting of strange Coins being current within this Realm, or of the Queen's Highness' Sign 1 & 2 Ph. & M. Manual, Signet, or Privy Seal; and an act passed in the first and second years of the reign of king Philip and queen Mary, intituled An Act for the Punishment of bringing in of counterfeit Coins of Foreign Realms being 5 Eliz. c. 11. current within this Realm; and an act passed in the fifth year of the reign of queen Elizabeth, intituled An Act against clipping, washing, 14 Eliz. c. 3. rounding, or filing of Coins; and an act passed in the fourteenth year of the same reign, intituled An Act against the forging and counterfeiting of Foreign Coin being not current within this Realm; and an act passed in the eighteenth year of the same reign, intituled An Act against the diminishing and impairing of the Queen's Majesty's Coin, and other Coins lawfully current within this Realm; and so much of an act passed in the sixth and seventh years of the reign of king William the third, intituled An Act to prevent counterfeiting and clipping the Coin of this Kingdom, as relates to any person who shall exchange, lend, sell, borrow, buy, receive, or pay any broad silver money, or silver money unclipped, for more than 19 Hen. 7, c. 5. 5 & 6 Edw. 6, c. 19. 1 Mary, st. 2. c. 6. c. 11. 18 Eliz. c. 1. 6 & 7 W. 3, Class III.] Offences relating to Coin and Bullion. the same was coined for or ought by law to go for, or who shall buy or 2 W. 4, c. 34. passed in the eighth and ninth years of the same reign, intituled 8 & 9 W. 3, c. 21. this Kingdom; and an act passed in the ninth and tenth years of 9 & 10 W. 3, of Great Britain; that is to say, so much of an act passed in the seventh 7 Ann, c. 24, England; and so much of an act passed in the same year, intituled An 7 Ann, c. 25, in the fifteenth year of the reign of king George the second, intituled 15 G. 2, c. 28. 37 G. 3, c. 126, s. 1. 56 G. 3, c. 68, and an act passed in the eleventh year of the reign of king George the 11 G. 3, c. 40. ss. 13 to 16. 3 G. 4, c. 114. |