CA P. CXIV. An Act to provide for the more effectual Punishment of WHEREAS by an Act passed in the Fifty third Year of 53 G.3. c.162. the Reign of His late Majesty King George the Third, <intituled An Act to repeal a certain Provision respecting Persons convicted of Felony without Benefit of Clergy, contained in an Act made in the Fifty second Year of the Reign of His present Majesty, for the Erection of a Penitentiary House for the Con'finement of Persons convicted within the City of London and County of Middlesex, and for making other Provisions in lieu thereof, it was enacted, that it should and might be lawful for any Court to pass upon any Person who should be lawfully convicted before such Court of Felony with Benefit of Clergy, or of any Grand Larceny, or of any Petit Larceny, the Sentence of • Imprisonment to hard Labour, either simply and alone, or in • addition to any other Sentence which such Court might or should be authorized to pass upon any Person lawfully convicted of any of the Offences aforesaid, as to such Court should seem fit; and such Person should thereupon suffer such other Sentence, and be moreover imprisoned and kept to hard Labour, or be simply imprisoned and kept to hard Labour, in such Place and for such Time as such Court should think fit to direct, not ex'ceeding the Time for which such Courts might then imprison for such Offences: And Whereas it is expedient that the Provisions of the said Act should be extended to certain aggra•vated Misdemeanors, and Offences below the Degree of Felony :' 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, and by the Authority of the same, That from and after the passing of this Act, whenever any Person shall be convicted of any of the Offences hereafter specified and set forth; that is to any Assault with Intent to commit Felony; any Attempt to commit Felony; any Riot; any Misdemeanor for having received stolen Goods knowing them to have been stolen; any Assault upon a say, Peace Persons con- Labour. Qualification of Coroners. Peace Officer, or upon an Officer of the Customs or Excise, or upon any other Officer of the Revenue, in the due Discharge and Execution of his or their respective Duty or Duties, or upon any Person or Persons acting in Aid of any such Officer or Officers in the due discharge and execution of his or their respective Duty or Duties; any Assault committed in pursuance of any Conspiracy to raise the Rate of Wages; being an Utterer of counterfeit Money, knowing the same to be counterfeit ; knowingly and designedly obtaining Money, Goods, Wares or Merchandizes, Bills, Bonds or other Securities for Money, by false Pretences, with Intent to cheat any Person of the same; keeping a common Gaming House, a common Bawdy House, or a common ill governed and disorderly House; wilful and corrupt Perjury, or of Subornation of Perjury; having entered any open or inclosed Ground, with Intent there illegally to destroy, take or kill Game or Rabbits, or with Intent to aid, abet and assist any Person or Persons illegally to destroy, take or kill Game or Rabbits, and having been there found at Night armed with any offensive Weapon; in each and every of the above Cases, and whenever any Person shall be convicted of any or either of the aforesaid Offences, it shall and may be lawful for the Court before which any such Offender shall be convicted, or which by Law is authorized to pass Sentence upon any such Offender, to award and order (if such Court shall think fit) Sentence of Imprisonment with hard Labour, for any Term not exceeding the Term for which such Court may now imprison for such Offences, either in addition to or in lieu of any other Punishment which may be inflicted on any such Offenders by any Law in force before the passing of this Act; and every such Offender shall thereupon suffer such Sentence, in such Place, and for such Time as aforesaid, as such Court shall think fit to direct. WH CAP. CXV. An Act to regulate the Qualification of Persons holding the or or chosen Coroner, of the annual Value of Four hundred Pounds; If unqualified, and if any Person who shall be elected or chosen to serve the Election void. Office of Coroner for any County in Ireland shall not, at the time of such Election, be seised of or entitled to such an Estate, in Lands, Tenements or Hereditaments, as is hereinbefore required, such Election shall be void. II. Provided always, and it is hereby enacted, That every Per- Candidate for son, who from and after the passing of this Act shall appear as a Coroner to Candidate, or shall by himself, or any others, be proposed to be take an Oath. elected to serve the Office of Coroner for any County as aforesaid, shall be and he is hereby enjoined and required to take a Corporal Oath, in the Form or to the Effect following: IA. B. do swear, That I truly and bond fide have such an Estate, Oath of Quali in Law or Equity, to and for my own Use and Benefit, of or in fication. Lands, Tenements or Hereditaments, over and above what will satisfy and clear all Incumbrances that may affect the same, of the annual Value of Two hundred Pounds, or Four hundred < Pounds [as the case may be] as doth qualify me to be elected and chosen to serve the Office of Coroner for the County of according to the Tenor and Meaning of an Act passed in the Second Year of the Reign of His present Majesty, intituled An Act to regulate the Qualification of Persons holding the Office of Coroner in Ireland; and that my said Lands, Tenements or • Hereditaments are lying or being in the Parish of in the Barony of and County aforesaid.' III. And be it further enacted, That the Oath aforesaid shall Sheriffs, &c. to and may be administered by the Sheriff or Under Sheriff for any administer such County as aforesaid, to whom it shall appertain to take the Oath. Poll at such Election for a Coroner for the same County; and the said Sheriff or Under Sheriff who shall administer the said Oath, is hereby required to certify the same, together with and as a Schedule to the Writ under and by virtue of which such Election of a Coroner shall be made, into the High Court of Chancery in Ireland; and if any Candidate, or Person proposed to be elected Coroner as aforesaid, shall refuse to take the Oath hereby required, If Oath rethen the said Sheriff or Under Sheriff shall not take any Poll for, fused, no Poll or return such Candidate or Person as a Coroner for the said County. taken. IV. And be it further enacted, That no Fee or Reward shall be taken for administering any such Oath as is hereinbefore required, or for filing the same. V. And be it further enacted, That if any Person taking the Oath prescribed by this Act, shall wilfully swear falsely in such Oath to be so taken, and shall be lawfully convicted thereof, the Person so offending shall be deemed guilty of wilful and corrupt Perjury, and shall suffer such Punishment as by Law may be inflicted on Persons convicted of wilful and corrupt Perjury. VI. And be it further enacted, That no Writ or Process in any Civil Suit or Action shall in any Case be awarded to any Coroner in Ireland, except in Cases in which the Sheriff to whom such Process should be awarded shall be interested in the Suit, or shall be of Kindred either to the Plaintiff or Defendant; any Law, Usage or Custom to the contrary in any wise notwithstanding. No Fee. Taking Qualification Oath falsely, Perjury. In what Cases Writs or Processes not awarded to Coroner. VII. And be it further enacted, That if any Coroner in Ireland Extortion by shall, from and after the passing of this Act, be lawfully convicted Coroners. of Loss of Office. of Extortion, or wilful neglect of Duty or Misdemeanor in his Office, it shall be lawful for the Court before whom he shall be so convicted, to adjudge that he shall be removed from his Office; and thereupon a Writ shall issue, removing him from his Office, and electing another Coroner in his Stead. Proviso for Towns, and for Deeds executed in G. B. and as herein Oath of the Execution of the Memorial. VIII. And be it further enacted, That nothing herein contained shall extend, or be deemed, construed or taken to extend, to any Coroner to be elected, or who has been already elected, to the Office of Coroner for any County of a City or County of a Town in Ireland, or to the Town and Liberties of Kinsale, nor to interfere with any Right of Appointment of Coroner given by Charter to any Corporation in Ireland. CA P. CXVI. An Act for the more convenient and effectual registering in OR facilitating the Registry of Deeds, Conveyances and Wills executed in Great Britain, which it may be necessary to register in Ireland, and for the more effectual Registry thereof:' Be it 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, and by the Authority of the same, That all Deeds, Conveyances or Wills required to be registered in Ireland in and by an Act passed by the Parliament of Ireland in the Sixth Year of the Reign of Her Majesty Queen Anne, intituled An Act for the public registering of all Deeds, Conveyances and Wills that shall be made of any Honors, Manors, Lands, Tenements or Hereditaments, or any other Act now in force, the Memorial whereof shall be proved in England, shall be registered in the manner following; that is to say, the Memorial of the Deed, Conveyance or Will so to be registered in Ireland, being prepared, signed, sealed and attested by such Person and Persons, and in such Manner and Form as by the Act so made in the Sixth Year of the Reign of Her Majesty Queen Anne hath or have been in that behalf prescribed and directed, One of the Witnesses to said Memorial, being also a Witness to the Deed, Instrument or Writing therein mentioned, shall prove the Execution of said Memorial upon Oath, to be made before One of the Extraordinary Commissioners appointed by the Court of Chancery in Ireland for taking Affidavits in Great Britain, and who are respectively hereby empowered and required to administer such Oath, and shall at the same time produce unto the said Extraordinary Commissioner the Deed, Instrument or Writing in the said Memorial mentioned, together with a true Copy of said Memorial, such Copy to be at the same time verified in like manner upon Oath, to be made by such Witness before said Extraordinary Commissioner, who is hereby empowered and required to administer the same, which Copy and Oath respectively are not to be charged or chargeable with any Stamp Duty; and which Oaths shall respectively be in the Words and Form following: OATH of the Execution of the Memorial, and to be subscribed or annexed to said Memorial. THE above named A. B. of in maketh Oath, that he is a subscribing Witness to the Deed of which the above [within or annexed] Writing is a Memorial, ' and ' and saw the same duly executed by and that he this Deponent is also a subscribing Witness to the above [within or annexed] Memorial, and saw the same duly executed by the ' above named ; and saith the Name A. B. subscribed as a Witness to the Execution of the said Deed and Memorial respectively, is the proper Name, and of the Handwriting of this Deponent; and this Deponent saith, that at or immediately be'fore the time of his deposing hereto, he this Deponent delivered the said Deed and Memorial, together with a true Copy of the ' said Memorial, to One of the Extraordinary Com'missioners of the Court of Chancery in Ireland for taking Affidavits in Great Britain, in the Office of the said the One thousand eight hundred and Day of 'A. B. Day One thousand eight hundred and C. D. One of the Extraordinary Com- in make Oath, that the OATH to be made by the Witness to verify the Copy of the Memorial, and to be subscribed or annexed to the said Copy. I A. B. of Oath of the foregoing [or the within or annexed] Writing is a true Copy Verification of of a certain Memorial which was duly executed by a Copy. which Memorial this Deponent is a subscribing Witness, and which said Memorial this Deponent at the time of his deposing 'hereto delivered, together with the Deed, Instrument or Writ'ing whereof the same is a Memorial, to One of to " the Extraordinary Commissioners of the Court of Chancery in • Ireland for taking Affidavits in Great Britain, in the Office of the said and this Deponent at the in same time, and therewith, delivered to the said A. B. the Day One thousand eight hundred and On Production of Deed, MeCopy, the Extraordinary morial and II. And be it further enacted by the Authority aforesaid, That upon the said Deed, Instrument or Writing, together with the Memorial and Copy thereof, being as hereinbefore required produced to the said Extraordinary Commissioner, and Proof being made thereof as before mentioned, such Extraordinary Commis- Commissioner sioner shall immediately mark said Deed, Instrument or Writing, to Certify the with the Initials of his Name, and Day, Month and Year when so produced to him, and thereupon return the same to the Party, and by Certificate to be signed by him, and endorsed or written upon the said Memorial and Copy respectively, certify the same in the Form or to the Effect following; that is to say, FORM same. |