Serjeants and Counsel, &c. to be paid out of the Consol

dated Fund.

Grand Juries may present

for Expences in

curred in execu

tion of this Act.

How raised and applied.

Amount paid by Treasurer of County to Col

lector of Excise.

Continuance of Act.

the same, and if not, then at the next Sitting of such Court; and such Court shall thereupon cause the same to be read in open Court; and on such new Proclamation being so read, the original Proclamation mentioned therein shall forthwith stand and be revoked, so far as the said new Proclamation shall purport to revoke the same; and if no Part of such County shall then remain proclaimed, such Special Sessions of the Peace shall forthwith cease and determine.

XXVIII. And be it further enacted, That it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, to order such Sum or Sums of Money as he or they shall think proper, to be advanced out of the Consolidated Fund, to every such Serjeant at Law, Counsel learned in the Law or Assistant Barrister, or Person doing the Duty of such Assistant Barrister, who shall preside or be present in such Court of Special Sessions of the Peace as aforesaid, as a Compensation for such his Time and Trouble.

XXIX. And be it further enacted, That it shall be lawful for the Grand Jury of every such County in which such Special Sessions shall be held, at the next ensuing Assizes, and for the Grand Juries at the next Presenting Terms for the County and County of the City of Dublin, in case such Special Sessions of the Peace shall be held therein respectively, and they are respectively hereby required to present a Sum, to be raised off the County, if the Whole thereof shall be so proclaimed, and if not, then off such Part thereof as shall be so proclaimed, for the Purpose following; that is to say, in the first Place, to repay the said Consolidated Fund the said Sum or Sums so advanced to any such Serjeant at Law, Counsel learned in the Law or Assistant Barrister, or Person doing his Duty as aforesaid; and in the next Place, to pay to the acting Clerk of the Peace of such County, after the rate of One Guinea for each Day he shall be employed in attending any such Special Sessions of the Peace which he shall personally attend; and in the next Place, such Sum as may be necessary to pay the Expences of sending Prisoners to Gaol under the Provisions of this Act, not exceeding the Sum of Three Pence per Mile for each Constable and Assistant whom the Person or Persons who shall sign the Warrant of Commitment shall certify to have been ordered by him or them to go with such Prisoner; and lastly, all such Sums as may be requisite to defray the Expences necessarily incurred in the execution of this Act; and the said Sums shall be so raised and paid accordingly; and the Amount of the said Sum so advanced out of the Consolidated Fund shall, when raised, be paid by the Treasurer of such County to the Collector of Excise for the District; and no other Presentment shall be fiated by the Judge or Court at such Assizes or Presenting Term respectively, until such Presentment shall first have been made by the said Grand Jury thereat.

XXX. And be it enacted, That this Act shall take effect and be in force from and after the passing thereof, and shall continue in force until the First Day of August One thousand eight hundred and twenty two.

[This Act continued until 1st August 1823, by Cap. 80. post.]

CAP.

CAP. II.

An Act to empower the Lord Lieutenant, or other Chief Governor or Governors of Ireland, to apprehend and detain, until the First Day of August One thousand eight hundred and twenty two, such Persons as he or they shall suspect of conspiring against His Majesty's Person and Govern[11th February 1822.]

ment.

WHEREAS a treasonable and rebellious Spirit of Insurrec

Order from the
Privy Council.

tion now unfortunately exists in Ireland, and hath broken ⚫ out into Acts of open Murder and Rebellion: Therefore, for the 'better Preservation of His Majesty's sacred Person, and for 'securing the Peace, the Laws and Liberties of this Kingdom :' Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commens, in this present Parliament assembled, and by the Authority of the same, That all and every Person and Persons Persons imwho is, are or shall be within Prison within that Part of the United prisoned in Kingdom of Great Britain and Ireland, called Ireland, at or on Ireland for the Day on which this Act shall receive His Majesty's Royal Assent, High Treason, or after, by Warrant of His Majesty's most Honourable Privy Coun&c. may be detained till Aug. cil of Ireland, signed by Six of the said Privy Council, for High 1, 1822, and Treason, Suspicion of High Treason or Treasonable Practices, or shall not be by Warrant signed by the Lord Lieutenant or other Chief Gover- bailed or tried nor or Governors of Ireland for the time being, or his or their without an Chief Secretary, for such Causes as aforesaid, may be detained in safe Custody, without Bail or Mainprize, until the First Day of August One thousand eight hundred and twenty two; and that no Judge or Justice of the Peace shall bail or try any such Person or Persons so committed, without Order from His said Majesty's Privy Council, signed by Six of the said Privy Council, until the said First Day of August One thousand eight hundred and twenty two; any Law or Statute to the contrary notwithstanding. II. And be it further enacted, That in cases where any Person Persons to or Persons have been, before the passing of this Act, or shall whom Warrants be, during the Time this Act shall continue in force, arrested, of Commitcommitted or detained in Custody, by force of a Warrant or War- ments are dirants of His Majesty's most Honourable Privy Council of Ireland, detain the signed by Six of the said Privy Council, for High Treason, Sus- Persons so picion of High Treason or Treasonable Practices, or by Warrant committed in or Warrants signed by the Lord Lieutenant or other Chief Gover- safe custody. nor or Governors of Ireland for the time being, or his or their Chief Secretary, for such Causes as aforesaid, it shall and may be lawful for any Person or Persons to whom such Warrant or Warrants have been or shall be directed, to detain such Person or Persons so arrested or committed in his or their Custody, in any Place whatever within Ireland; and that such Person or Persons to whom such Warrant or Warrants have been or shall be directed, shall be deemed and taken to be, to all intents and purposes, lawfully authorized to detain in safe Custody, and to be the lawful Gaolers and Keepers of such persons so arrested, committed or detained; and that such Place and Places, where such Persons so Persons arrested, charged with

rected shall

Custody as also arrested, committed or detained, are or shall be detained in CusPlace of Deten- tody, shall be deemed and taken, to all intents and purposes, to tion may be be lawful Prisons and Gaols for the Detention and safe Custody of changed by such Person and Persons respectively: And that it shall and may Warrant as herein menbe lawful to and for the Lord Lieutenant or other Chief Governor tioned. or Governors of Ireland for the time being, by Warrant signed by him, or for the Chief Secretary of such Lord Lieutenant or other Chief Governor or Governors, by Warrant signed by such Chief Secretary, or for His Majesty's Privy Council of Ireland, by Warrant signed by Six of the Privy Council, from time to time, as occasion shall be, to change the Person or Persons by whom, and the Place in which such Person or Persons so arrested, committed or detained, shall be detained in safe Custody.

Copies of Warrants transmitted to Clerk of

the Crown.

Proviso for

Privileges of
Parliament.

III. Provided always, and be it enacted, That Copies of such Warrants respectively shall be transmitted to the Clerk of the Crown in and for the County of the City of Dublin, and shall be filed by him in the Public Office of the Pleas of the Crown in the City of Dublin.

IV. Provided always, and be it enacted, That nothing in this Act contained shall be construed to extend to invalidate the ancient Rights and Privileges of Parliament, or to the imprisoning or detaining of any Member of either House of Parliament, during the Sitting of such Parliament, until the Matter of which he stands, suspected be first communicated to the House of which he is a Member, and the Consent of the said House obtained for his Commitment or detaining.

CA P. III.

An Act for indemnifying such Persons as have seized or detained any Arms or Gunpowder in Ireland, since the First Day of November One thousand eight hundred and twenty one, for the Preservation of the Public Peace.

have been disturbed by Assemblies of large Bodies of Men by Night, for the Purposes of Sedition and Violence, and the Persons and Properties of many peaceable and faithful Subjects of His Majesty have been attacked and injured; by means whereof many of His Majesty's loyal Subjects have lost their Lives: And Whereas several Officers and Justices of the Peace, and other Persons, for the Preservation of the Public Peace, and of the Lives and Properties of His Majesty's faithful Subjects, and for the Suppression of such seditious and unlawful Proceedings, have seized and detained considerable Quantities of Arms and Gunpowder, without any sufficient legal Authority for so doing, and for that Purpose have been obliged to do divers Acts not justifiable by Law, but which were yet so much for the Public Service, and so necessary for the Suppression of such Disturb'ances, that the Persons by whom they were transacted ought to be indemnified:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament

assembled,

servation of Lives and Pro

perty, seized Arms and Gunpowder without legal Authority, made void. discharged and

assembled, and by the Authority of the same, That all Actions, All ProceedSuits, Indictments, Informations, Attachments, Molestations, Pro- ings against secutions and Proceedings whatever, and all Judgments and Orders, Persons who (if any be) against any Officer of the Army or Navy, or of the Ex- have, for Precise or Customs, or against any Justice of the Peace, Sheriff, Subsheriff or Constable, or any of their Assistants respectively, or against any other Person or Persons whomsoever, for or on account of any Seizure or Detention of any Arms or Gunpowder, or for or on account of any Act, Matter or Thing relating to such Seizure or Detention done or committed, or commanded, advised, ordered or directed at any Time since the said First Day of November One thousand eight hundred and twenty one, in order, or with a view to, or for the purpose of the Suppression or Prevention of such Disturbances, or for the Preservation of the Public Peace or the Safety of the State, shall be and the same are hereby absolutely discharged and made void; and that all and every Persons and Per- Such Persons son, by whom any such Act, Matter or Thing shall have been indemnified. done or committed, or commanded, advised, ordered or directed, for the purposes in that behalf aforesaid, or for any of them, since the said First Day of November One thousand eight hundred and twenty one, shall be, and are and is hereby absolutely freed, acquitted, indemnified and discharged of and from the same, and of and from all Proceedings whatever for or by reason thereof, as well against the King's Majesty, His Heirs and Successors, as against all and every other Person and Persons.

On Proceed

ings against any

Person for such
Acts.

II. And be it further enacted, That if any Prosecution, Action or Suit, Criminal or Civil, hath been or shall be commenced or prosecuted against any Person or Persons, for any such Act, Matter or Thing so done or committed, or commanded, advised, ordered or directed for the purposes aforesaid, or any of them, such Person or Persons may plead the General Issue, and give this Act General Issue. and the special Matter in Evidence; and if the Plaintiff or Plain- Double Costs tiffs shall become nonsuit, or forbear further Prosecution, or suffer on the Facts Discontinuance, or if a Verdict pass against such Plaintiff or Plain- being sugtiffs, the Defendant or Defendants shall recover his, her or their gested on the Double Costs, for which such Defendant or Defendants shall have the like Remedy as in cases in which Costs by Law are given to Defendants, the same being suggested on the Record under the Orders of the Court, and the Court being satisfied by the Certificate of the Judge, where there shall be a Verdict, and in all other cases by Affidavit, or by such other means as such Court shall direct or shall deem sufficient.

III. And be it further enacted, That if any Action, Suit, Indictment, Information, Prosecution or other Proceeding, hath been or shall be brought, commenced, preferred, exhibited or had, in any Court, against any Person or Persons, for or on account of any such Act, Matter or Thing as aforesaid, it shall be lawful for the Defendant or Defendants in any such Action, Suit, Indictment, Information, Prosecution or Proceeding, or for any of them, to apply, by Motion, Petition or otherwise, in a summary Way, to the Court in which such Action, Suit, Indictment, Information, Prosecution or other Proceding hath been or shall be brought, commenced, preferred, exhibited or had, or shall be depending, if such Court shall be sitting, and if not sitting, then to any one of

Record.

Defendants in such Actions may apply to Proceedings stayed, &c.

Courts to have

the

Proof on such Application to be upon Oath.

Order for staying Proceedings, notwithstanding Writ of Error, &c.

And Party applying may have Double Costs for anterior Proceedings.

Application may be made

to have any

Order for staying Proceedings vacated,

&c.

the Judges or Justices of such Court, to stay all further Proceedings in such Action, Suit, Indictment, Information, Prosecution or Proceeding; and such Court, or any Judge or Justice thereof, when the said Court shall not be sitting, is hereby respectively authorized and required to examine the matter of such Application, and upon Proof, by the Oath or Affidavit of the Person or Persons making such Application, or of any of them, or upon any other Proof made to the Satisfaction of such Court, Judge or Justice respectively, that such Action, Suit, Indictment, Information, Prosecution or Proceeding respectively, is brought, commenced, preferred, exhibited or had, for or on account of any such Act, Matter or Thing as aforesaid, to make an Order for staying Execution and all other Proceedings in such Action, Suit, Indictment, Information, Prosecution or Proceeding, in whatever State the same shall or may respectively then be, and although Judgment shall have been entered up of Record, or given, or any Writ of Error or Appeal shall have been brought or made, or shall be depending therein; and the Court, or Judge or Justice making such Order for Stay of Proceedings, shall also order unto the Defendant or Defendants, and he, she or they shall respectively have and be entitled to Double Costs for such Proceedings as shall have been had or carried on respectively in any such Action, Suit, Indictment, Information, Prosecution or other Proceeding, after the passing of this Act, for which Costs he, she or they respectively shall have like Remedy as in cases where Costs are by Law given to Defendants.

IV. Provided always, and be it further enacted, That it shall be lawful for any Person or Persons, being a Party or Parties to any such Action, Suit, Indictment, Information, Prosecution or other Proceeding, to apply, by Motion, Petition or otherwise, in a summary Way, to the Court in which the same shall have been brought, commenced, preferred, exhibited or had, or shall be depending, to vacate, discharge or set aside any Order made as aforesaid by any Judge or Justice of that Court, for staying Proceedings, or for Payment of Costs as aforesaid, so as such Application shall be made within the First Ten Days on which such Court shall sit next after the making of any such Order, by any Judge or Justice as aforesaid; and such Court is hereby authorized and required to examine the Matter of such Application, and to make such Order therein as if the Application had been made oriProviso for con- ginally to the said Court; but nevertheless and in the mean time tinuance of Or- and until such Application shall be made to the said Court, and der until Appli- unless the said Court shall think fit to vacate, discharge, set aside or reverse such Order made by any Judge or Justice as aforesaid, the same shall continue in full force, to all intents and purposes whatever.

cation.

Act may be altered, &c. this Session.

V. And be it further enacted, That this Act may be altered, amended or repealed by any Act or Acts to be made in this present Session of Parliament.

CAP.