33.

ground of insanity at the time of the commission thereof, and 1&2 G. 4, c. has been detained in custody as a dangerous person, by order of the court before whom such person has been tried or otherwise, and shall remain in custody at the time of the passing of this act, it shall be lawful for the lord lieutenant, or other chief governor or governors of Ireland for the time being, to give the like order for the safe custody and care of such person, as the lord lieutenant, or other chief governor or governors of Ireland, is or are by this act enabled to give, in the cases of persons who shall hereafter be acquitted on the ground of insanity.

found to be

tained.

17. That if any person indicted in Ireland for any offence, Persons shall be found to be insane, by a jury lawfully empannelled insane at the for that purpose, so that such person cannot be tried upon such time of trial, indictment; or if, upon the trial of any person so indicted, or when brought up to such person shall appear to the jury charged with such indict- be discharged, ment to be insane, it shall be lawful for the court before whom may be desuch person shall be brought to be tried as aforesaid, to direct such finding to be recorded, and thereupon to order such person to be kept in strict custody, and to be taken care of, until the pleasure of the lord lieutenant, or other chief governor or governors of Ireland for the time being, shall be known; and if any person charged with any offence, shall be brought before any court to be discharged for want of prosecution, and such person shall appear to be insane, it shall be lawful for such court to order a jury to be impannelled to try the sanity of such person; and if the jury so impannelled shall find such person to be insane, it shall be lawful for such court to order such person to be kept in strict custody, in such place and in such manner as to such court shall seem fit, until the pleasure of the lord lieutenant, or other chief governor or governors of Ireland for the time being, shall be known; and in all cases of insanity so found, it shall be lawful for the lord lieutenant, or other chief governor or governors of Ireland for the time being, to give the like order for the safe custody and care of such person so found to be insane, as the lord lieutenant, or other chief governor or governors of Ireland, is or are by this act enabled to give, in the cases of persons acquitted on the ground of insanity.

18. Provided always, and be it enacted, that whenever and as soon as there shall be a lunatic asylum built or maintained, either wholly or in part, in any county, county of a city, or county of a town, wherein such prisoner, in any of the cases aforesaid, shall be tried or found insane as aforesaid, then and from thenceforth, such insane person shall, without delay, be removed to such asylum, and shall be kept therein so long as such prisoner shall be detained in custody.

Insane criminals shall to county

be removed

lunatic
asylums.

SECTION 3.

Of Pardon.

Harbourer of 4 Anne, c. 11, s. 6, (pars.)—That if any harbourer of any felon, prose- felon, shall discover and prosecute any two or more such harcuting others to conviction bourers, so as they shall be taken, and shall be convict of harshall be par- bouring as aforesaid at the prosecution of such discoverer, that then such harbourer, so discovering and prosecuting, shall by virtue of this act be pardoned and acquitted for his former crimes of harbouring only, any thing in this act to the contrary notwithstanding.

doned.

Effect of a free or conditional par. don to a convict,

Proviso for subsequent conviction.

9 Geo. 4, c. 54, s. 33.—And be it declared and enacted, that where the royal mercy shall be extended to any offender convicted of any felony punishable with death or otherwise, and either a free pardon or a conditional pardon shall, by warrant in due form, be granted to such offender, the discharge of such offender out of custody in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon under the great seal for such offender as to the felony for which such pardon shall be so granted. Provided always, that no free pardon, nor any such discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid, shall prevent or mitigate the punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any felony, committed after the granting of any such pardon.

ADDENDA.

act shall ex

7 Will. 4, c. 2(a), s. 2.—' And whereas doubts have arisen how far the county of Dublin, and the county of the city of Dublin are within the operation of the said act, and it is expedient to remove such doubts; be it therefore and it is hereby How far the declared and enacted, that the said act shall not be construed grand jury to affect or extend to the said counties, or either of them, save tend to the and except only in so far as provision is by the said act made county and requiring the grand juries of such counties to transact their city of fiscal business in open court, and for the more speedy and effectual repair by the commissioners for the extension and promotion of public works in Ireland, upon the application of his majesty's postmaster-general, of roads upon which his majesty's mails are carried, which provision shall remain in full force and effect.

Dublin.

inquests, may

medical witnesses.

6. That it shall and may be lawful for any two magistrates, Two magiswho, in the absence of the coroner of any county, may have trates holding held any inquest relative to the death of any person, and before grant remuwhom any physician, surgeon, apothecary, chemist, or other neration to person practising medicine or surgery shall, in obedience to a summons from such magistrates, attend and be examined as a witness at such inquest, to grant such witness an order, signed by such magistrates, upon the treasurer of the county wherein such inquest shall be held, for such sum not exceeding three pounds, as to such magistrates shall seem fit; and the amount of all such payments shall be presented in the same manner as any sums which coroners are by the said recited act authorized to grant to medical witnesses; provided that such magistrates shall certify, as the coroner is directed, the amount and particulars of all such sums to the presentment sessions, and that such payment shall have been approved thereat.

9. That the sheriff of each county in Ireland, in which One £50 free. there are not ten baronies or half baronies, shall, in framing holder, or the panel of persons summoned to serve on the grand jury of

£100 lease

(a) Entitled, " An act to amend an act passed in the seventh year of his present majesty, for consolidating and amending the laws relating to the presentment of public money by grand juries in Ireland."

7 W. 4,c.2.

holder from

each barony to be placed first on the

counties hav.

such county at each assizes, after the passing of this act, observe the rule herein-after following; (that is to say,) he shall first place on such panel for each barony or half barony in such county, the name of some person having in such barony or half barony, freehold lands of the yearly value of fifty pounds grand jury, in and upwards, or leasehold lands of the yearly value of one ing less than hundred pounds over and above the amount of rent payable out ten baronies of or for such leasehold lands, so that, as far as can be, one fit and competent person, having lands of the value aforesaid, and resident in each barony, if the same can be found therein respectively, shall be placed upon such panel; and having in such manner selected such one fit and proper person for each barony and half barony, the sheriff shall complete the said panel as now by law authorized and directed, and the persons taken from the panel so framed shall be and constitute the grand jury or inquest of such county; any thing in any writ, precept, or venire facias expressed or directed, or any law, statute, usage, or custom to the contrary notwithstanding, and as if such grand jury were altogether composed of freeholders; provided always, that no presentment or indictment made or found by any grand jury shall be liable to be traversed, quashed, or in any manner impeached by reason of the grand jury not being selected as aforesaid; but any sheriff of such county who shall wilfully omit or neglect to follow the rule hereby made for the selection of the grand jury shall be liable, on a complaint made to the judge of assize, to be fined such sum as to such judge shall seem proper.

[The following important enactments have been omitted in their proper places.]

Insert at page 359, line 6 from bottom.

9 Geo. 4, c. 54, s. 20.

passed for felony, on a person already imprisoned under sen- after sentence

court may

commence at

That whenever sentence shall be On conviction of felony, tence for another crime, it shall be lawful for the court to for a former award imprisonment for the subsequent offence, to commence crime, the at the expiration of the imprisonment to which such person pass a senshall have been previously sentenced; and where such person tence, to shall be already under sentence, either of imprisonment or of the end of transportation, the court, if empowered to pass sentence of the first. transportation, may award such sentence for the subsequent offence, to commence at the expiration of the imprisonment or transportation to which such person shall have been previously sentenced, although the aggregate term of imprisonment or transportation respectively, may exceed the term for which either of those punishments could be otherwise awarded.

Insert at page 564, line 9 from bottom.

person.

for

9 Geo. 4, c. 54, s. 29. That in any indictment or infor- In indictmation for any felony or misdemeanor committed in, or upon, mente to or with respect to any church, chapel, or place of religious relating to worship, or to any bridge, court, court house, sessions house, public buildings, property gaol, house of correction, infirmary, asylum, or other public need not be building, erected or maintained in whole or in part at the laid in any expense of any county, county of a city, or county of a town, or on or with respect to any goods or chattels whatsoever, provided for or at the expense of any county, county of a city, or county of a town, to be used for making, altering, or repairing any bridge or highway, or any court or other such building as aforesaid, or to be used in or with any such court or other building, it shall not be necessary to state such church, chapel, or place of religious worship, or such bridge, court, court house, sessions house, gaol, house of correction, infirmary, asylum, or other building, or any such goods or chattels to be the property of any person.

Insert at page 40, line 27.

or works on

9 Geo. 4, c. 56, s. 12. That if any person shall unlawfully Destroying and maliciously break down or cut down any sea bank or sea any sea bank, wall, or the bank or wall of any river, canal, or marsh, whereby any river or any lands shall be overflowed or damaged, or shall be in dan- canal, so as to injure ger of being so; or shall unlawfully and maliciously throw land; felony. down, level, undermine, or otherwise destroy any lock, sluice, weir, tunnel, towing path, floodgate, aqueduct, reservoir, cut, dam, drain, watercourse, or other work on any navigable river