Page images
PDF
EPUB

mongst other things enacted, that where ofauy person should be convicted of any fence for which he or she should be liable by law to transportation, it should be lawful for the court, in place of transportation, to order that such person should be sent to some place of confinement to be there kept to hard labour, in manner in said act provided :

And whereas the said act has been since ́made perpetual : ·

And whereas the provisions of the said act in that respect have been found inefrectual;

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 parlament assembled, and by the authority of the same, that so much of the said act as relates to the ordering or adjudging any such convict, or any convict to labour in any such place of confinement, and all and every clause and provision in said act relating thereto, be and the same are hereby repealed; save only so far as relates to any such sentence order or adjudication, passed or made before the passing of this act, or the provisions necessary for carrying

the same into execution.

ཏི་ཥ་ན་

And be it further enacted, that where any person shall at any session of Oyer and Terminer or gaol delivery, or any quarter or other general sessions of the peace for any county city town or place in that part of the united kingdom called Ireland, be lawfully convicted of any crime for which he or she shall be liable by law to transpor tation, it shall be lawful for the court before which such offender shall be so con→ victed, or any court held for the same place and with like authority, if such court shall think fit, in the place of such punishment by transportation, to order and judge that such person shall be sent to some house of correction or penitentiary within the said County, city, town or place, to be appointed in and by such order, there to be kept to hard labour for such time or for such term or number of years, as such court: shall appoint; provided that the same shall in no case be more than ..... years: provided always, that it shall be lawful for the court before which any offender or offenders shall be so convicted, to order such offender to be for any time less than other

such

offenders are liable to, and as may be in-; ~ flicted on such offenders by law; any thing a herein contained to the contrary notwith standing.

And be it further enacted, that when any offender shall be ordered to be kept ́ to hard labour in manner aforesaid, the clerk of the peace or other clerk of the court by which such order shall be made,' shall give to the sheriff or gaoler having the custody of such offender, a certificate ́ in writing under his hand containing an account of the christian name, surname and age of such offender, of his or her offence, of the court before whom he or she was convicted, and of the term for which he or she shall have been so ordered to hard labour; and the sheriff or gaofer shall with all convenient speed after the making of any such order and receiving of such certificate, convey such offender or cause him or her to be conveyed to the proper house of correction or penitentiary, and deliver such offender or cause him or her to be delivered, together with the said certificate, into the custody of the mas ter or keeper of such house of correction;" and the person and persons to whom such offender shall be so delivered, shall give a proper receipt in writing under his or their hand or hands, which shall be a suffi-" cient discharge to the sheriff, gaoler or o ther person so delivering any such offender.'

[ocr errors]

And be it further enacted, that all expenses incurred by any sheriff or gaoler, in the conveyance of any such offender as aforesaid, shall be paid by the county, city, town, or place, for which the court ordering such punishment by hard labour, instead of transportation, shall be held'; and the sheriff or gaoler shall receive the money due for such expences from the treasurer of such county, city, town or place, by order of the justices of the peace thereof, at their quarterly or other general sessions, who are hereby required to make such or der accordingly, and the same shall be presented by the grand jury of such county city, or town, at the next assizes or presenting term therein.

A

And be it further enacted, that if any person shall rescue any offender who by force of this act shall be ordered to hard labour in any house of correction as aforesaid, either in his conveyance to the place so appointed for such hard labour, or whilst such offender under this act shall punishment as such be in the custody of the person or persons

............ or .......
......... or to suffer

appointed for that purpose; or if any person shall be aiding or assisting in such rescue; or if any person not having the actual custody of any such offender shall be aiding and assisting in any escape, or shall by supplying arms or instruments of disquise or escape, or otherwise in any manBer be aiding and assisting in the attempt to make any such escape, though no such escape shall be made, every such person on being convicted of such offence by indictment before any court of oyer and terminer and general gaol delivery held in and for the place where such offence shall be committed, shall be by such court adjudged and ordered to the same portion of hard labour in some house of correction as the person rescued or escaped or attempted to be aided in any escape, had to serve or suffer at the time of such rescue, escape or attempt of an escape."

And be it further enacted, That if any person who shall be so ordered to hard labour as aforesaid, shall at any time during the term for which he or she shall be so ordered to hard labour, break prison, or escape from the place of his or her con finement, or from the person or persons having the lawful custody of such offender, he or she so breaking prison or escaping shall, on conviction for the first escape, be punished by the term

of the service and hard labour to which he or she was liable at the time of such 'escape, and on conviction for a second escape be adjudged guilty of

And, to the intent that such conviction or convictions may be had with as little trouble and expense as possible, be it further enacted, That every offender or of fenders escaping in manner aforesaid, may and shall be tried before the justices of assize oyer and terminer or gaol delivery, for the county, city, or place, where he, she, or they shall be apprehended and táken; and that the clerk of the peace where such order of confinement and hard' lab bour shall be made, and his successor for the time being, shall, at the request of the prosecutor, or any other in his Majesty's behalf, certify a transcript briefly, and in few words, containing the effect of every indictment and conviction of such person, and of the order made for his or her confinement and hard labour, to the justices of assize oyer and terminer and gaol delivery, where such person shall be indicted for any such escape, not taking for the

which

same above the sum of certificate being produced in court, shall bé a sufficient proof that such person or persons have before been convicted, and ordered to such place of confinement and hard labour.

Provided always, and be it further enacted, That such clerk of the peace, and the sheriff or gaoler, be paid by the treasurer of the county, city, town, or place, the like satisfaction as hath been usually paid for the order of transportation of any offender.

Provided always, and be it further enacted, That the offender or offenders, who shall by virtue of this act be directed to be confined and kept to hard labour, shall, in such house of correction, be kept se parate from, and shall not be permitted or suffered to interinix with any person of persons confined for any offence, not making the person or persons having com mitted the same subject to a sentence of transportation.

And be it further enacted, That the overseers or keepers of the several houses of correction, or penitentiary, in which any prisoner so sentenced to hard labour, shall be confined, shall from time to time make returns, specifying the names of all and every the person or persons who shall be so committed to their custody, the offences of which they shall have been guilty, the court before which each person was convicted, the sentence of the court, the age, bodily state and behaviour of every such convict while in custody; and also the names of all and every the person or persons who shall have died under such custody, or shall have escaped from such place of confinement, or shall have been released from thence (specifying the mode of such release); such returns to be made to the justices of assize at each assizes, and to the justices of peace at each quarter or other general sessions of the peace, for the county, city, or place, within which such place of confinement shall be situate; and that every such return shall be veri fied on the oath of the person making the same, such oath to be made before the court into which the return shall be delivered.

And be it further enacted, That every offender who shall be delivered to be kept to hard labour in manner aforesaid, shall, at the end of the term of such service, and upon being restored to liberty,

receive from the keeper of such house of correction, such sum of money, not being less than nor more than

........, together with such decent clothing as the court into which such return shall be made as aforesaid shall appoint; and if any such offender, whilst confined to hard labour in manner aforesaid, shall by industry and other good be haviour, show such signs of reformation as shall induce the said court to recommend him as an object of mercy to the Lord Lieutenant, or other chief governor or governors of Ireland for the time being, and it shall be thereupon signified by a letter from such secretary to the keeper of such house of correction or penitentiary, that the Lord Lieutenant, or other chief governor or governors of Ireland for the time being, thinks or think fit, in consideration of such good behaviour, to shorten the duration of such offender's term, such offender shall be accordingly set at liberty at the time mentioned in such letter, and shall receive a sum of money from such keeper, and clothing, in the same manner as if he or she had served the whole of the term, for which he or she was adjudged to serve.

And be it further enacted, that such keeper shall receive such sum of money, and the reasonable price of such clothing so given by him as aforesaid, from the treasurer of the county city or town, by order of the justices of the peace thereof, at their quarterly or other general sessions, who are hereby required to make such order accordingly; and the same shall be presented by the grand jury of such county, city, or town, at the next assizes or presenting term.

And be it further enacted, That if any suit or action shall be prosecuted against any person or persons, for any thing done in pursuance of this act, such person or persons may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done by the authority of this act; and if a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs, shall become nonsuit, or discontinue his, her, or their actions, after issue joined, or if on demur. rer or otherwise judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall recover BELFAST MAG. NO. XXIV.

[ocr errors]

costs, and have the like remedy for the same, as any defendants have by law in other cases; and though a verdict shall be given to any plaintiff in any such action or suit as aforesaid, such plaintiff shall not have costs against the defendant, unless the judge, before whom the trial shall be, shall certify his approbation of the verdict.

And be it further enacted, That all actions, suits, and prosecutions to be commenced against the person or persons for any thing done in pursuance of this act, shall be laid and tried in the county or place where the fact was committed; and shall be commenced within ..... ... months after the fact committed, and not other. wise.

Provided always, and be it enacted, that it shall be lawful to and for the Lord Lieutenant or other chief governor or governors of Ireland for the time being, to order that any such offender be removed to any house of correction or penitentiary in Ireland, and there kept to hard labour for any term not exceeding the term of confinement which shall then remain unexpired, under the order by virtue of which such offender shall be then so confined; and also to order at any time during the said term, that such offender shall be sent back to such former house of correction or penitentiary for the residue of such time; any thing in this or any other act to the contrary notwithstanding.

DINGLE MEETING.

A most respectable and numerous meeting, held at Dingle, county of Kerry, have paid that tribute to Counsellor O'Connell, which his patriotism, his talents and exertions in the cause of his country so justly merit. The following is an abstract of the proceedings on the occasion :

At a meeting of the Gentlemen Clergy, Magis

trates and Freeholders, of the town and vi cinity of Dingle, held in that torun, on the 13th day of June, 1811, in pursuance of a public requisition.

MATHEW MORIARTY, esq. in the Chair.

Resolved unanimously, that the digni fied, firm and patriotic sentiments, delivered by Daniel O'Connell, esq. Earrister at

YYJ

Law, at the aggregate meeting of the Catholics of Ireland, held in Dublin, on the 28th day of May last, meet our warmest approbation.

That we highly approve of the candid, manly and ingenuous manner in which he has developed and laid before the public the machinations of a set of men stiling themselves orangemen and purplemen, men confederated for the express purpose of putting down the great and growing majority of our countrymen being Catholics, men who assume to themselves a power unknown to the constitution, and hostile to the Catholics in an alarming degree, dangerous to the peace and good order of this our beloved, though illfated country,-men who have arranged a system of exclusion and controul, forming an imperium in imperio, which if not speedily checked by the protecting power of government, and the laws, must necessarily produce the most direful consequences. Resolved unanimously, that an address be prepared and presented to Counsellor O'Connell expressive of the sentiments we entertain towards him.

Resolved unanimously, That the address now drawn up and read, merits our ap probation, and that it be transmitted by our secretary, to Mr. O'Connell.

Resolved that our proceedings, and the said address, and Mr. O'Connell's reply be published.

NICH. CONNOLLY HUSSY, esq.
In the Chair.

Resolved unanimously, That the particular thanks of the meeting be given to Mathew Moriarty, esq. for his proper conduct in the Chair.

[blocks in formation]

which you have, at the aggregate meeting of the Catholics of Ireland, held in Dublin on the 28th ult. developed the tendency of the intended transfer of our militia, and displayed the machinations of those deluded men who style themselves orangemen and purplemen. We anticipate, from your exertion of talent and constitutional firmness, the most beneficial consequences-as that exertion has, we trust, roused, to the consideration of those sub jects, every individual who feels interested in the welfare of the country, from the prince to the freeholder. Your object is the same with ours, to prevent internal feuds and animosities, which have been hitherto so injurious to our unfortunate country, and to promote that unanimity, which alone can save and exalt those realms.

We request of you to accept our most cordial thanks, as a small tribute of merit pre-eminently resplendent on every occasion.

And be assured, that it has made an indelible impression on us who repose a pleasing confidence in your exertions, disregarding and despising party-feeling, and looking only to the cause of our native country, equally dear to us all. Signed, by order,

EDWARD FITZGERALD,

Junior Secretary

Mr. O'Connell's Reply.

GENTLEMEN,

Your Address has surprised me almost as much as it has pleased me. I cannot but owe it to private friendship, that you have noticed so humble an individual.-I am proud of your approbation.

The principle on which I have been, and am the advocate of Catholic emancipation, is not confined to Ireland. It embraces the cause of the Dissenters in England, and of the Protestants in the Spanish and Portuguese territories. I need extend it no farther-the crime of tian nations, almost exclusively to England intolerance is now confined amongst Chrisand her allies. Arbitrary as the military ruler of the French may be, and enemy much common sense to commit the useas he is of civil liberty, he has had too

less and absurd injustice of violating conscience.

For my part, I hate the Inquisition just as much as I do the Orange and Purple system, and for the same reason. The man who attempts to interfere between his fellow man and his Deity, is to my mind the most guilty of criminals.

You call our country unfortunate-she is unfortunate through the dissension of her children; dissension has degraded the character, and annihilated the constitu tion.

In the name of the religion of Charity, hate and Fancour have been disseminated;

[blocks in formation]

AGRICULTURAL REPORT.

From May 20, till June 20.

THE fine dry weather which appeared to set in about the 16th of last month, and raised the hopes of the farmers, of a change more favourable for their operations, proved of a short duration. A few days only had elapsed when the rains returned with their usual violence, and have continued ever since with very little intermission to the almost total obstruction of every species of field work; it seems generally believed, that there has not been so wet a season for nearly 40 years, and as it appears to be general, there is reason to fear that the crops will be deficient in almost every part of the kingdom; on all the flat grounds, and heavy wet soils, they are evidently much injured. The potato crops have never been known to be so late in planting, and unless the latter part of the season turns out remarkably fine and free from frosts, it is hardly to be expected they will be productive.

In many parts of the country, both the oats and flax have an unfavourable appearance, except in light open soils.

Wheat in general looks better than any other of the crops, and the produce may probably be such as to compensate for the smallness of the quantity sown this season. Grain has advanced in price since last report, and oats, oatmeal and potatoes are also looking up.

The hay crops are likely to be abundant in all the dry soils, but great quantities are likely to be lost in some particular districts where the meadows are subject to the overflowing of rivers.

COMMERCIAL REPORT.

THE question of the depreciation of bank notes is established by such indubitable evidence, that it is unnecessary to dwell on the sophistry of those who attempt to evade the certain conclusion, by alleging that bank notes are not depreciated, but gold has risen. In the last report, it was shown that the rise on gold had not taken place in other countries, but from the operation of our paper system, was confined to these countries, From this point of view it must be evident, that landlords have a just claim for some remuneration, if they are paid in a depreciated currency, when such a circumstance was not contemplated at the period of granting the lease; but as discount frequently arises from accidental causes, not entirely depending on the question of depreciation, it would be a

« PreviousContinue »