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6 G. 4. c.22.

$4.

Additional
Number of
Special Jurors
qualified.

A.D. 1826. ments, or either of them; provided the said Governor and Company shall not have Notice by such Documents, or either of them, or otherwise, that such Person or Persons so intrusted as aforesaid is or are not the actual and bona fide Owner or Owners, Proprietor or Proprietors of such Goods, Wares or Merchandize, so deposited or pledged as aforesaid; any Law, Usage or Custom to the contrary thereof in anywise notwithstanding.

CAP. VIII.

An Act to amend so much of an Act of the last Session of Parliament, for regulating the Qualification and the Manner. of enrolling Jurors in Scotland, and of choosing Jurors in Criminal Trials there, and to unite Counties for the Purposes of Trial in Cases of High Treason in Scotland, as relates to the Qualification of Special Jurors.

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[22d March 1826.]

HEREAS an Act was passed in the last Session of Parliament, intituled An Act to regulate the Qualification and 'the Manner of enrolling Jurors in Scotland, and of choosing 'Jurors on Criminal Trials there, and to unite Counties for the Purposes of Trial in Cases of High Treason in Scotland, by which it was among other Things enacted, that as soon as a Roll or List of Jurors, qualified as therein directed, should have been 'made up and inserted in the General Jury Book, the Sheriff and Stewart of every County and Stewartry in Scotland should select therefrom the Names of all Persons qualified to be Special Jurors, in Terms of an Act passed in the Fifty fifth Year of the Reign of His late Majesty King George the Third, intituled An Act to 'facilitate the Administration of Justice in that Part of the United Kingdom called Scotland, by the extending of Trial by Jury to Civil Causes (a); and such Names so selected should be entered in a Book, to be called the Special Jury Book, to be kept in the said Sheriff or Stewart Clerk's Office of each County or Stewartry, and be open for Inspection in the Manner therein directed; and the Persons whose Names should be entered in such Special Jury Book should be liable to serve as Special Jurors in all Civil 'Causes ordered to be tried by Special Jurors, and on all Criminal Trials as therein directed: And Whereas in some Counties in Scotland a sufficient Number of Special Jurors, qualified as aforesaid, cannot be found;' 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, every Person residing within any County or Stewartry in Scotland, who shall be infeft in and possessed of Lands and Heritages in any Part of Scotland, yielding the Sum of One hundred Pounds Sterling of real Rent per Annum, or upwards, at the Time, and also every Person residing within any County or Stewartry in Scotland, who shall be possessed of Personal Property to the Amount of One thousand Pounds Sterling, or upwards, shall be qualified to serve as a Special Juror in Scot(a) [55 G. 3. c. 42. s. 25.]

land,

land, inclusive of and in addition to those Persons qualified to serve as Special Jurors in Terms of the aforesaid Act passed in the Fifty fifth Year of the Reign of His late Majesty.

selected.

II. And be it enacted, That as soon as conveniently may be In what Manafter the passing of this Act, the Sheriff of every County in Scot- ner Special land shall select from the List of Jurors contained in the General Jurors are to be Jury Book of the County whereof he is Sheriff the Names of all Persons qualified to be Special Jurors in Terms of this Act; and such Names so selected shall be entered in the Special Jury Book of such County, as Persons liable to serve as Special Jurors: Provided always, that in making such Selection the Sheriff shall take the Names of such Jurors in the Order in which they stand in the said General Jury Book, and shall enter the said Names in the same Order in the Special Jury Book, immediately after the Names which shall have been entered in the said Special Jury Book at the Time of the passing of this Act; and provided also, that in Case the Names of Special Jurors entered in the Special Jury Book shall have been all returned to serve as Jurors before the Names contained in the General Jury Book shall in like Manner have been gone through, the Sheriff, in making Returns of Special Jurors, shall recommence to take the Names from the Top of the List entered in the Special Jury Book, and shall so return the Names in their regular Order in which they stand in the said Book, until new Lists shall be prepared.

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How far the
Number of
Special Jurors

III. And Whereas in some Counties in Scotland the Number of Persons qualified to serve as Special Jurors, in Terms of the said Act passed in the Fifty fifth Year of His late Majesty, and of this Act, may be so great as not to leave a sufficient Number to serve as ordinary Jurors in Criminal Trials;' Be it enacted, That the Number of Special Jurors to be entered at any Time in the Special Jury Book, for any County, shall not exceed One Third of the total Number of Common Jurors entered in the General Jury Book of such County, after the Names of the Special Jurors shall have been deducted therefrom: Provided always, that any Juror Proviso. who, although qualified to serve as a Special Juror, may, in consequence of this Provision, not have his Name entered in the Special Jury Book, shall be deemed to be and shall serve as a Common Juror.

to exceed Common Jurors.

over.

IV. And be it further enacted, That in case any Person whose Names of Name shall have been entered either in the said General Jury Jurors dying Book, or in the said Special Jury Book, shall die, or become or becoming disqualified as a Juror, whether from Loss of Property, Absence may be passed disqualified or other legal Cause, it shall and may be lawful for the Sheriff, in making Returns of Jurors, as directed by the said recited Act, to pass over the Name of every such Person, provided the Date at Proviso. which the Name of such Person shall have been so passed over, and the Reason thereof, shall be entered at the Time in the said General Jury Book or the said Special Jury Book, as the Case may be.

V. And be it further enacted, That this Act, and the said This Act and recited Act passed in the last Sessions of Parliament, shall be 6 G.4. c. 22. construed and receive effect together, in the same Manner as if to be construed this Act had made Part of the said recited Act.

together.

САР.

CAP. IX.

Persons convicted of Felony herein described, or of

Grand or Petit Larceny, may be sentenced to Imprisonment

with Hard Labour;

and Persons convicted of

certain Offences herein specified below the De

gree of Felony,

may also be sentenced to Imprisonment with Hard Labour.

Terms of
Sentence.

An Act to provide for the more effectual Punishment of certain
Offences in Ireland, by Imprisonment with Hard Labour.
[22d March 1826.]

WHEREAS it is expedient to provide for the Punishment of

certain Offences in Ireland by imprisonment with Hard Labour, in like Manner as the same are punished in England;' 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 it shall and may be lawful for any Court in Ireland to pass upon any Person who shall be lawfully convicted before such Court of any Felony with Benefit of Clergy, or of any Grand Larceny, or of any Petit Larceny, Sentence of Imprisonment to Hard Labour, either simply and alone, or in addition to any other Sentence which such Court may or shall be authorized to pass upon any Person lawfully convicted of any of the Offences aforesaid, as to such Court shall seem fit; and such Person shall 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 shall think fit to direct, not exceeding the Time for which such Courts may now imprison for such Offences; and that from and after the passing of this Act, whenever any Person in Ireland shall be convicted of any of the Offences hereafter specified and set forth; that is to say, 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 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; any Assault 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 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 in Ireland 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

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 in Ireland 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.

САР. Х.

An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

[22d March 1826.] [This Act is the same and all the Schedules are also the same as 6 G.4. c.5. except as to the Dates and as to the Sections and Schedule that are here inserted.] LXXII. AND be it further enacted, That it shall and may be lawful for any Justice of the Peace or Magistrate for the County, Town or Place where any Noncommissioned Officer or Soldier shall be quartered in any Part of the United Kingdom, in case such Noncommissioned Officer or Private Soldier have either Wife or Child or Children, to cause such Noncommissioned Officer or Soldier to be summoned before him, in the Town or Place where such Noncommissioned Officer or Soldier shall be quartered, in order to make Oath of the Place of his last legal Settlement, if such Noncommissioned Officer or Soldier shall belong to any Parish or Place in that Part of Great Britain called England (which Oath such Justice or Magistrate is hereby empowered to administer); and such Noncommissioned Officer or Private Soldier as aforesaid is hereby directed to obey such Summons, and to make Oath accordingly; and such Justice or Magistrate is hereby required to take the Examination of such Noncommissioned Officer or Soldier in Writing, and to give an attested Copy of the Examination so taken before him to the Person so examined, to be by him delivered to his Commanding Officer, in order to be produced when required; which said Examination and such attested Copy shall be at any Time admitted in Evidence, as to such last legal Settlement, before any of His Majesty's Justices of the Peace, or at any General or Quarter Sessions of the Peace, although such Noncommissioned Officer or Soldier be dead or absent from the Kingdom: Provided always, that in case any Noncommissioned Officer or Private Soldier shall be again summoned to make Oath as aforesaid, then on such Examination or such attested Copy thereof being produced by him, or by any other Person on his behalf, such Noncommissioned Officer or Soldier shall not be obliged to take any other or further Oath with regard to his legal Settlement, but shall leave a Copy of such Examination, or a Copy of such attested Copy of Examination, if required.

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For ascertaining the last legal Settlediers having Wives or Children.

ment of Sol

LXXVI. And Whereas, from various local Circumstances, the Rates of Carriage in Ireland cannot be regulated in the same Manner as the Rates in England;' Be it therefore enacted, That the Sums to be paid in that behalf in Ireland shall be as Rates of Carfollows; (that is to say,) for every Hundred weight which the riage in IreOwner or Owners of any Wheel Carriage shall take as Loading land.

on

Limiting the Weight which Carriages im

pressed in Ire

land shall be obliged to carry.

Notice to be given to Lord

Mayor of Dublin, before March of Troops out of that City, to provide Carriages.

One Third of

Rate to be paid

before Carriages proceed on March.

on such Wheel Carriage, the Sum of One Halfpenny for every
Mile or reputed Mile he or they shall therewith march, or ac-
cording to such Rate as shall be fixed and ordered by the Justices
of the Peace for any County or District, the said Justice having
regard to the Price of Hay and Oats at the Time of fixing such
additional Rates; and that the said Sums respectively shall be
paid to such Owner or Owners respectively, or to their Carmen
or Draymen respectively; and that every such Payment shall, if
required, be made in the Presence of a Justice of the Peace,
Constable or Petty Constable.

LXXX. And be it further enacted, That no Car impressed by
Authority of this Act in Ireland shall be liable or obliged to carry
above Six Hundredweight, and that no Dray so impressed shall
be liable or obliged to carry more than Twelve Hundredweight,
and if the Owner shall consent to carry above Six Hundred-
weight, or Twelve Hundredweight respectively, on any Carriage,
he shall be allowed and paid at the Rate aforesaid for every
Hundred above the Weight of Six hundred Pounds, or Twelve
hundred Pounds, put on his Carriage, according to the Nature
and Description thereof; and the Owner or Owners of such Car-
riage or Carriages shall not be compelled or obliged to proceed
with such Carriage or Carriages, under the Sum of Three Pence
for each Mile or reputed Mile for each Car, or Sixpence a Mile
for each Dray, at the least, in case he or they shall be required to
carry a less Weight on such Carriage or Carriages than the Weights
hereinbefore appointed for the same respectively.

LXXXI. And be it further enacted, That whenever any Troops or Companies of Soldiers shall receive Orders to march from Dublin, and that it shall be necessary to impress Carriages for that Purpose, Notice shall be given to the Lord Mayor of the City of Dublin at least Twenty four Hours before the March of such Troops or Companies of Soldiers out of the said City, or, in case of Emergency, as long before such March as the Nature of the Case shall permit, of the Number of Troops, Companies or Soldiers appointed to march; whereupon the Lord Mayor for the Time being shall summon a proportionable Number of Cars or Drays, or either of them, at his Discretion, out of the Licensed Cars, Drays and other Cars and Drays within the County of the said City, and so from time to time the said Cars and Drays are by Turns to be employed in carrying the Baggage of such Troops or Companies, at the Prices and under the Regulations hereinbefore mentioned; and it is hereby directed, that no Country Cars, Drays or other Carriages coming to any of the Markets in Ireland, shall be detained or employed against the Will of the Owners, in carrying the Baggage of the Army, on any Pretence whatsoever.

LXXXIII. And be it further enacted, That the Officer commanding the Party for whose Use any such Carriage or Horse shall be impressed in Ireland is hereby required, before the Owner of any Carriage or Horse in Ireland shall be compelled to take any Loading, or be forced to proceed on the March with his Carriage, to pay or cause to be paid down in Hand to the Owner of such Carriage or Horse, or to his Servant, One third Part of the full Sum to which the Owner of such Carriage or Horse would be entitled for the March in the said Warrant directed to be made, according

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