Recognisances (Ireland) Act 1817

JurisdictionUK Non-devolved
Citation1817 c. 56
Anno Regni GEORGII III. Britanniarum Regis,Quinquagesimo Septimo. An Act to amend the Laws in respect to forfeited Recognizances inIreland .

(57 Geo. 3) C A P. LVI.

[30th June 1817]

'WHEREAS the several Acts of Parliament passed from time to time, to regulate and secure the Collection of the Sums arising from forfeited Recognizances, and from Fines imposed at Assizes, Sessions of Oyer and Terminer and General Gaol Delivery, and Sessions of the Peace inIreland , have been found insufficient for that Purpose; and it is therefore expedient that the said Acts should be repealed, and that more effectual Provision should be made for the Recovery and Payment of such Sums and Fines;' Be it therefore enacted by The King's Most Excellent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the same, That from and after the Commencement of this Act, the several Acts of Parliament hereafter recited shall be repealed; that is to say, an Act passed in the Parliament of Ireland in the Twenty seventh Year of His present Majesty's Reign, intituled ; an Actpassed in the said Parliament, in the Twenty ninth Year of His said Majesty's Reign to amend the said recited Act of the Twenty seventh Year; an Act passed in the said Parliament, in the Thirty first Year of His said Majesty's Reign, intituled Januaryin the Year One thousand seven hundred and eighty seven, and for more effectually executing the Green Wax Process, so far as the said Act of the Thirty first Year of His said Majesty's Reign relates to such Process ; an Actpassed in the said Parliament in the Thirty second Year of His said Majesty's Reign, to explain, amend and render more effectual the said recited Acts of the Twenty seventh and Twenty ninth Years of His Majesty's Reign, and to extend the Provisions thereof, and for enlarging the time forJohn Howard Kyan Esquire to account pursuant to his Recognizance, so far as the said Act of the Thirty second Year relates to the Collection of forfeited Recognizances; an Act passed in the said Parliament, in the Thirty eighth Year of His said Majesty's Reign, intituled ; an Actpassed in the said Parliament, in the Thirty ninth Year of His said Majesty's Reign, to amend the said Act of the Thirty eighth Year; an Actpassed in the said Parliament, in the Fortieth Year of His said Majesty's Reign, to continue the said recited Act of the Thirty eighth Year of His said Majesty's Reign, and to repeal and amend Part of the said recited Act of the Thirty ninth Year of His Majesty's Reign; and an Act passed in the Parliament of the United Kingdom, in the Forty ninth Year of His Majesty's Reign, intituled Ireland,relative to Persons entering into Recognizances in Criminal Cases, in Custody under any Fine, or under such Recognizances ; and the said recited Acts are hereby repealed accordingly; save so far as the same respectively repeal any former Act or Acts of Parliament, or any Clause, matter or thing therein; and save as to any Proceeding in any case wherein any Process of the Pipe shall have actually issued under the said 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 such case; and save so far as any of the said Acts purport to discharge any Recognizance theretofore forfeited.

S-II All Recognizances shall specify the Names, Addition and Residence of the Parties bound.

II All Recognizances shall specify the Names, Addition and Residence of the Parties bound.

II. And be it further enacted, That from and after the Commencement of this Act, every Recognizance taken inIreland by or before His Majesty's Court of King's Bench there, or by or before His Majesty's Chief Justice of the said Court of King's Bench, or by or before any of the Justices of the said Court of King's Bench, or by or before any Justice or Justices of Oyer and Terminer or Gaol Delivery, or by or before any Justice or Justices of the Peace, either at their Sessions of the Peace or otherwise, or by any Magistrate or other Person lawfully authorized to take the same, shall contain the Name and Addition of the Person or Persons respectively thereby acknowledging himself, herself or themselves respectively 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 usual or actual Place or Places of Residence of such Person or Personsis or are respectively situated; and all and every Persons or Person who shall hereafter come before His Majesty's said Court of King's Bench, or before any of His Majesty's Justices of the said Court, or before any such Justice or Justices of Oyer and Terminer or Gaol Delivery, or before any Justice or Justices of the Peace, either at their Sessions of the Peace or otherwise, or before any Magistrate or other Person lawfully authorized to admit to Bail, in order to give Bail or be bound for the Appearance of any Person or Persons charged with any Crime or Crimes, (which Person so charged shall by Law be entitled to Bail,) or for keeping the Peace, shall respectively make Oath in one of the Forms her following, or in some other Form of Words to the like Import and Effect respectively; that is to say, if such Person shall reside in a County at large, in this Form; (to wit,)

'IA. B. do swear, That I am a Householder, and have a House wherein I usually reside, at in the Parish of Barony or Half Barony of and County of and that I support and maintain myself by and that I am worth the Sum of [here insert double the Sum in which he or she is to be bound ] over and above all my just Debts.

So help me GOD.'

And if such Person shall reside in a County of a City or Town, the Words 'reside at' and from thence to 'County of' shall be omitted; and instead thereof, these Words shall be inserted; (to wit,) 'residing in [naming the Street, Square, Lane or Place ] in the Parish of and County of she City or Town of ;' and every such Oath shall be annexed to or be written on the same Pieceof Paper or Parchment with the Recognizance, and shall be signed by the Person making the same, and attested by the proper Jurat of the Court, Judge, Justice, or other Person taking the same as aforesaid, and shall be sufficient in lieu of all and every Oaths and Oath required by any Law in force inIreland to be taken by any such Surety.

S-III Principals charged and bound to appear, or to keep the Peace, or to prosecute Offenders, shall be sworn only to their Residence.

III Principals charged and bound to appear, or to keep the Peace, or to prosecute Offenders, shall be sworn only to their Residence.

III. Provided always, and be it enacted, That nothing herein contained shall extend or be construed to extend to require the Person or Persons charged with any Crime, and for whose Appearance any Recognizance shall be about to be entered into, or any Person or Persons who shall become personally bound to keep the Peace, or any Person or Persons who shall or may hereafter become bound for the Prosecution of any Person or Persons charged with any criminal Offence, to take such Part of the said Oath as relates to such Person or Persons being a Householder, or to his, her or their being respectively worth the Sum or Sums of Money for which he, she or they is and are respectively about to be bound, over and above all their just Debts; but every such last mentioned Person and Persons shall, in like manner and form respectively, make Oath as to the Place, Parish, Barony or Half Barony, and County, and the Tow or City and Street therein, (if in a County of a Town or City,) in which he, she or they usually or actually reside.

S-IV Justices, &c. neglecting to return Recognizances, or to insert Names, &c. or to administer the said Oaths,

IV Justices, &c. neglecting to return Recognizances, or to insert Names, &c. or to administer the said Oaths,

IV. And be it further enacted, That all and every Justice and Justices of the Peace, and all and every Magistrate and other Person lawfully authorized to take Recognizances, who shall hereafter neglect or refuse to return the Recognizances taken before him alone, or before him and any other Magistrate or Person or Persons so authorized to take the same, in manner hereinafter mentioned, or shall neglect or refuse to insert in any Recognizance taken before him, solely or with any other or others as aforesaid, the proper Name and Names and Addition or Additions of the Person or Persons entering into the same, according to the Provisions of this Act, or shall neglect or refuse to administer the Oaths respectively herein before directed and appointed to be administered in manner so directed, shall for every such Neglect or Refusal (in addition to such Sum as the Judge or Judges of Assize may think fit at the respective Assizes to impose upon any such Justice and Justices of the Peace, or such Magistrate or other Person aforesaid, by way of Fine for such Neglect or Refusal) forfeit the Sum of Fifty Pounds, to be recovered against him by Bill, Plaint or Informationin any of His Majesty's Courts of Record inDublin , by any Person or Persons who will prosecute or sue for the same; wherein no Essoign, Protection or Wager of Law shall be allowed, or more than One Imparlance shall be granted.

S-V Clerks of the Crown and Peace in Ireland, on the First Day of Term after Sessions, &c. to return to Comptroller of the Pipe in the Exchequer, Estreats or Recognizances forfeited and Fines imposed.

V Clerks of the Crown and Peace in Ireland, on the First Day of Term after Sessions, &c. to return to Comptroller of the Pipe in the Exchequer, Estreats or Recognizances forfeited and Fines imposed.

V. And be it further enacted, That the several Clerks of the Crown and Peace throughoutIreland shall, on the First Day of every Term next ensuing the time of holding any...

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