1 Cofts levied by Imprisonment. Notice to be given before any Action is brought; and Tender of Amends may be offered, Limitation of General Iffue. Treble Cofts. Justices fhall be final, binding and conclufive upon all Parties to all Intents and Purpofes whatfoever; and the faid Juftices at fuch Seffions may alfo by their Order or Warrant levy fuch Cofts so awarded by Distress and Sale of the Goods and Chattels of the Perfon or Perfons who fhall refufe to pay the fame, and for want of fufficient Diftrefs commit fuch Perfon or Perfons to the Prifon of or for the faid City and Liberty for any time not exceeding Six Calendar Months, or until Payment of fuch Cofts. XIX. And be it further enacted, That no Plaintiff or Plaintiffs fhall recover in any Action to be commenced against any Person or Perfons for any thing done in purfuance of this Act, unless Notice in Writing fhall have been given to the Defendant or Defendants, Twenty eight Days at least before fuch Action fhall be commenced, of fuch intended Action, figned by the Attorney for the Plaintiff or Plaintiffs, fpecifying the caufe of fuch Action; nor fhall the Plaintiff or Plaintiffs recover in any fuch Action, if Tender of fufficient Amends hath been made to him, her or them, or to his, her or their Attorney, by or on behalf of the Defendant or Defendants, before fuch Action brought; and in cafe no fuch Tender fhall have been made, it shall be lawful for the Defendant or Defendants in any fuch Action, by Leave of the Court, after fuch Action fhall have been brought, at any time before Iffue joined, to pay into Court such Sum of Money as he, fhe or they fhall think fit, whereupon fuch Proceedings, Order and Judgment fhall be made and given in and by fuch Court as in other Actions where the Defendant is allowed to pay Money into Court. XX. Provided always, and be it further enacted, That no Action or Suit fhall be commenced against any Perfon or Perfons for any thing done in purfuance of this A&t after Three Calendar Months next after the Fa& committed, and every such Action or Suit shall be brought and tried in the County of Middlefex, and the Defendant or Defendants in every fuch Action or Suit fhall or may plead, at his or their Election, fpecially or the General Iffue, and give this A&t and the fpecial Matter in Evidence at any Trial to be had thereupon, and that the fame was done in pursuance and by the Authority of this A&; and if the same fhall appear to have been so done, or if any fuch Action or Suit fhall be brought before Twenty eight Days' Notice thereof shall have been given, or after a fufficient Satisfaction made or tendered as aforefaid, or after the time limited for bringing fuch Action or Suit, or shall be brought in any other County than as aforefaid, then and in every fuch cafe the Jury fhall find a Verdict for the Defendant or Defendants; and upon fuch Verdict, or if the Plaintiff or Plaintiffs fhall be nonfuited, or difcontinue his, her or their Action or Suit, after the Defendant or Defendants fhall have appeared, or if upon Demurrer Judgment fhall be given against the Plaintiff or Plaintiffs, then and in every fuch cafe the Defendant or Defendants fhall recover Treble Cofts, and have fuch Remedy for recovering the fame as any Defendant hath for Cofts of Suit in other cafes by Law. САР. CAP. LV. An Act to continue an Act to empower His Majesty to fecure and detain fuch Perfons as His Majefty fhall fufpect are confpiring against His Perfon and Government. * 6 W [30th June 1817.] HEREAS an Act was paffed in this Seffion of Parliament, c. 3. ante. intituled An A& to empower His Majefty to fecure and detain fuch Perfons as His Majefly fhall fufpect are confpiring against His Perfon and Government, which Act was to continue in force until the First Day of July One thousand eight hundred and feventeen And Whereas it is neceffary for the public Safety that the Provifions of the faid A&t fhould be further continued: ← Therefore, for the better Preservation of His Majefty's facred • Person, and the facred Perfon of His Royal Highnefs The Prince Regent, and for fecuring the Peace and Laws and Liberties of this Kingdom;' Be it enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That all or any Perfon or Perfons Perfous imprithat are or shall be in Prifon within that Part of the United King- foned for High dom called Great Britain at or upon the Day on which this Act fhall receive His Majefty's Royal Affent, or after, by Warrant of His faid Majesty's most Honourable Privy Council, figned by Six of the faid Privy Council, for High Treafon, Sufpicion of High Treafon or Treasonable Practices, or by Warrant figned by any of His Majefty's Secretaries of State, for fuch Caufes as aforefaid, may be detained in fafe Cuftody, without Bail or Mainprize, until the First Day of March One thousand eight hundred and eighteen; and that no Judge or Juftice of the Peace hall bail or try any fuch Perfon or Perfons fo committed, without Order from His faid Majesty's Privy Council, figned by Six of the faid Privy Council, until the First Day of March One thousand eight hundred and eighteen; any Law or Statute to the contrary notwithstanding. II. And be it further enacted, That the Act made in Scotland in the Year of our Lord One thousand seven hundred and one, intituled An Act for preventing wrongous Imprisonment, and against undue Delays in Trials, in fo far as the fame may be conftrued to relate to the Cafes of Treafon and Suspicion of Treafon,with refpect to Perfons fo committed as aforefaid, be suspended until the First Day of March One thoufand eight hundred and eighteen; and that until the First Day of March One thoufand eight hundred and eighteen no Judge, Juftice of Peace, or other Officer of the Law of Scotland, fhall liberate, try or admit to Bail any Perfon or Perfons that is, are or fhall be in Prifon within Scotland under a Warrant or Warrants fo figned as aforefaid, for fuch Causes as aforefaid, without Order from His faid Majefty's Privy Council, figned by Six of the faid Privy Council. III. Provided always, That from and after the First Day of March One thousand eight hundred and eighteen the faid Perfons so committed shall have the Benefit and Advantage of all Laws and Statutes in any way relating to or providing for the Liberty of the Subjects of this Realm. 57 GEO. III. IV. Pro Treafon, &c.• may be detained until 1st March 1818; and fhal 181 not be bailed or tried without an Order from the Privy Council. A&t in Scotland of 1701, so far as fo relates to Treafon, fufpended. Perfons committed there not to be tried, &c. without fuch Order as aforefaid. After March 1, 1818, Perfons committed to have the Benefit of the Laws. Provifo for Pri bers of Parlia ment. IV. Provided always, and be it enacted, That nothing in this Ac vileges of Mem- fhall be conftrued to extend to invalidate the ancient Rights and Privileges of Parliament, or to the Imprisonment or Detaining of any Member of either Houfe of Parliament during the Sitting of fuch Parliament, until the Matter of which he ftands fufpected be first communicated to the House of which he is a Member, and the Confent of the faid House obtained for his Commitment or Detaining. Indiments for High Treafon already found, to be tried. Secretary of Perfons commit- Treafon, &c. to be removed to any other Gaol. Perfons fo re- Continuance of Act may be altered, &c. this Seffion. V. Provided nevertheless, That any Perfon or Persons in Prifon at the time of paffing this Act, against whom any Bill or Bills of Indictment for High Treafon have been already found, fhall and may be tried on the faid Indictment as if this Act had never passed. • VI. And Whereas divers Perfons are now in Cuftody on Charges of High Treafon and Suspicion of High Treason, under Warrants from One of His Majefty's Principal Secretaries of State or from His Majesty's Privy Council, and it may be highly important that fuch Perfons as have been or shall be fecured and detained on fuch Charges under and by virtue of such Warrant or Warrants should be kept wholly feparate and apart from each other, so as to prevent all Communication between them and with other Perfons, except fuch Communication as His Majefty may think fit to permit, and under fuch Restrictions as may be advifable; and Doubts • may arise how far the Powers of His Majefty's Principal Secretaries • of State to change the Places of Confinement of Perfons fo com'mitted extend; and it is expedient to provide that the fame shall not be fo exercised as to deprive the Perfons fo committed of any Right to be tried or discharged which they might respectively have had if their respective Places of Confinement had not been changed:' Now, to obviate all Doubts and Difficulties in respect thereof be it further enacted and declared, That it shall be lawful for One of His Majefty's Principal Secretaries of State, as he shall fee Occafion, to order any Person committed to any Gaol or other Prison on any Charge of High Treafon, Suspicion of High Treafon or Treasonable Practices, either before or after Indictment found, to be conveyed to and detained in any other Gaol or other Prison until discharged by due Course of Law, and to iffue all Warrants neceffary for such Purposes: Provided always nevertheless, that no Person who shall be removed by any such Warrant as aforesaid shall be by means of such Removal deprived of fuch Right to be tried or difcharged as fuch Perfon would by Law have been entitled to if not fo removed; and in every case in which any fuch Person would have been entitled to have been tried or discharged, if fuch Perfon had continued in the Gaol or Prison to which fuch Perfon was before committed, it shall be lawful for fuch Perfon to apply to be bailed or difcharged in the fame manner as fuch Perfon might have done if such Perfon had remained in the Gaol or Prifon to which fuch Perfon was before committed as aforefaid. VII. And be it further enacted, That this A&t fhall continue in force until the First Day of March One thousand eight hundred and eighteen. VIII. And be it further enacted, That this A&t may be altered, amended or repealed by any Act or Acts to be made in this present Seffion of Parliament. CA P. CAP. LVI. 6 6 An Act to amend the Laws in refpect to forfeited Recogni- WHEREAS the feveral Acts of Parliament paffed from time to time, to regulate and fecure the Collection of the Sums arifing from forfeited Recognizances, and from Fines imposed at Affizes, Seffions of Oyer and Terminer and General Gaol Delivery, and Seffions of the Peace in Ireland, have been found infufficient for that Purpose; and it is therefore expedient that the faid Acts fhould be repealed, and that more effectual Provifion 'fhould be made for the Recovery and Payment of fuch Sums and Fines;' Be it therefore enacted by The King's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the Commencement of this Act, the feveral Acts of Parliament hereafter recited shall be repealed; that is to fay, an A&t paffed in the Parliament of Ireland in the Twenty feventh Year of His present Majefty's 27 G. 3. c. 32. Reign, intituled An A& for the better Collection of His Majefty's (1.) Revenue arifing from forfeited Recognizances; an Act paffed in the faid Parliament, in the Twenty ninth Year of His faid Majefty's 29 G. 3. c. 28. Reign to amend the faid recited A&t of the Twenty feventh Year; (1.) an Act paffed in the faid Parliament, in the Thirty firft Year of His 31 G. 3. c. 25. faid Majefty's Reign, intituled An Ad to discharge fuch Recogni- (1) zances entered into for the Appearance and Profecution of Offenders, as were forfeited before the Eighteenth Day of January in the Year One thousand feven hundred and eighty seven, and for more effectually executing the Green Wax Process, fo far as the faid Act of the Thirty first Year of His faid Majefty's Reign relates to fuch Procefs; an A&t paffed in the faid Parliament in the Thirty fecond Year of 32 G. 3. c. 25. His faid Majefty's Reign, to explain, amend and render more effec- (1) tual the said recited Acts of the Twenty feventh and Twenty ninth Years of His Majefty's Reign, and to extend the Provifions thereof, and for enlarging the time for John Howard Kyan Efquire to account pursuant to his Recognizance, so far as the faid A&t of the Thirty fecond Year relates to the Collection of forfeited Recognizances; an A& paffed in the faid Parliament, in the Thirty eighth 38 G. 3. c. 50. Year of His faid Majefty's Reign, intituled An A&t for the better (1) Collection of Sums arifing from forfeited Recognizances, and from Fines impofed at Affixes, Commiffions of Oyer and Terminer and General Gaol Delivery, and Seffions of the Peace, and for the future Application of the fame; an Act paffed in the faid Parliament, in the Thirty ninth Year of His faid Majefty's Reign, to amend the 39 G. 3. c. 67. faid Act of the Thirty eighth Year; an Act paffed in the faid Par- (1.) ilament, in the Fortieth Year of His faid Majefty's Reign, to con- 40 G. 3. c. 30. tinue the faid recited Act of the Thirty eighth Year of His faid (I.) Majefty's Reign, and to repeal and amend Part of the faid recited A&t of the Thirty ninth Year of His Majefty's Reign; and an Act paffed in the Parliament of the United Kingdom, in the Forty ninth 49 G. 3. c. 83. Year of His Majefty's Reign, intituled An Act for the Amendment of the Laws now in force in Ireland, relative to Perfons entering into Recognizances in Criminal Cafes, in Cuftody under any Fine, or 02 under (U.K.) All Recogni- Refidence of the Perfons becoming Bail or giving Surety for keep fhall make Oath ing the Peace, as herein mentioned. under fuch Recognizances; and the faid recited Acts are hereby repealed accordingly; fave fo far as the fame refpectively repeal any former Act or Acts of Parliament, or any Claufe, matter or thing therein; and fave as to any Proceeding in any cafe wherein any Process of the Pipe fhall have actually issued under the faid Acts, or any of them, previous to the Commencement of this Act, and the Collection and Application of the Fines and forfeited Recognizances in any fuch cafe; and fave fo far any of the faid Acts purport to discharge any Recognizance theretofore forfeited. II. And be it further enacted, That from and after the Commencement of this Act, every Recognizance taken in Ireland by or before His Majefty's Court of King's Bench there, or by or before His Majefty's Chief Juftice of the faid Court of King's Bench, or by or before any of the Juftices of the faid Court of King's Bench, or by or before any Justice or Juftices of Oyer and Terminer or Gaol Delivery, or by or before any Juftice or Juftices of the Peace, either at their Seffions of the Peace or otherwife, or by any Magiftrate or other Perfon lawfully authorized to take the fame, fhall contain the Name and Addition of the Perfon or Persons refpectively thereby acknowledging himfelf, herself or themselves refpectively to be bound, and the Name of the Townland, Parish and Barony or Half Barony, or Town or City, and Street therein, (if in a County of a Town or City,) in which the ufual or actual Place or Places of Refidence of fuch Perfon or Perfons is or are respectively fituated; and all and every Persons or Perfon who fhall hereafter come before His Majefty's faid Court of King's Bench, or before any of His Majefty's Juftices of the faid Court, or before any such Justice or Juftices of Oyer and Terminer or Gaol Delivery, or before any Justice or Juftices of the Peace, either at their Seffions of the Peace or otherwise, or before any Magistrate or other Perfon lawfully authorized to admit to Bail, in order to give Bail or be bound for the Appearance of any Perfon or Perfons charged with any Crime or Crimes, (which Perfon fo charged fhall by Law be entitled to Bail,) or for keeping the Peace, fhall refpectively make Oath in one of the Forms here following, or in fome other Form of Words to the like Import and Effect refpectively; that is to fay, if fuch Perfon shall refide in a County at large, in this Form; (to wit,) Oath annexed to or written on the A. B. do fwear, That I am a Householder, and have a Houfe • County of • by • infert double the Sum in which he or she is to be bound] over and above all my juft Debts. 'So help me GOD.' And if fuch Perfon shall refide in a County of a City or Town, the Words 'refide at' and from thence to County of' fhall be omitted; and instead thereof, thefe Words fhall be inferted; (to wit,) 'refiding in [naming the Street, Square, Lane or Place] in the Parifh of and County of the City or Town of ;' and every such Oath fhall be annexed to or be written on the fame Piece of Paper or Parchment with the Recognizance, and shall be |