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**XXXI. And whereas the practice of indis. Recognizance in cer. criminately estreating recognizances fort he tain cases not to be

estreated without a appearance of persons to prosecute or give judge's order. evidence, or to answer for à common assault, opvin the other cases hereafter specified, has been found in many instances productive of hardship to persons who have entered into the same;- be it therefore enacted, That in every case where any person bound by recognizance for his or her appearance, or for whose appearance any other person shall be so bound to prosecute or give evidence in any case of felony or misdemeanor, or to answer for any common assault, or to articles of the peace, or to abide an order in bastardy, shall therein make default, the officer of the court Iby whom the estreats are made out shalt and is hereby required to prepare a list List of persons in wri. in writing, specifying the name of every per- offence

ting, with nature of son so making default, and the nature of the made out by clerk of offerice in respect of which every such person, court, and laid before or his or her surety, was so bound, together with the residence, trade, profession, or call ing- of every such person, and surety, and shalb in such liste distinguish the principals from the sureties, and shall state the cause, if known, why each such person has not appeared, and whether by reason of the non-appearance of such person the ends of justice have been defeated or delayed; and every such officer shall and is hereby required, before any such recognizance sball be testreated, to lay such list, if at' a court of oyer and terminer or gaol delivery in any county besides Middlesex and London, or at a court of great sessions, oriat one of the superior courts of the counties palatine, bem

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fore one of the justices of those courts respectively; if at a court wherein a recorder or other corporate officer is the Judge or one of the Judges, before such Recorder or other corporate officer; and if at a session of the peace, before the chairman or two other justices of the peace who shall have attended such court, who are respectively authorized and required to examine such list, and to make such order touching the estreating or putting in process of any such recognizance as shall appear to them respectively to be

just; and it shall not be lawful for the officer of No recognizance to be any court to estreat or put in process any estreated without

e such recognizance without the written order

wah wann ninonna tri written order of justice, &c.

of the justice, recorder, corporate officer, chairman, or justices of the peace before whom respectively such list shall have been

laid. so Repeal of the Aets. XXXII. And be it further enacted, That

from and after the commencement of this Act,

so much of a statute made at Westminster in 3 Ed. 1. c. 15. the third year of the reign of King Edward

the First, as provides what prisoners shall not be replevisable and what shall be so; and a statute made in the seventh year of the reign

of King Henry the Fifth; and so much of a 9. M. 3. c. 1. statute made in the ninth year of the same

reign, as relates to indictments and appeals

laid in a non-existing place; and so much of 18 H. R. c. 12.

a statute made in the eighteenth year of the reign of King Henry the Sixth, as perpetuates the said provision of the statute last referred

to; and so much of a statute made in the 23 H. 6. c. 9.

twenty-third year of the same reign, as relates to sheriffs and other officers and ministers therein mentioned letting out of prison upon

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sureties any person in custody upon indictment; and an Act passed in the first year of the 1 R. 3. c. 3. reign of King Richard the Third, intituled "An Act for bailing of persons suspected of "Felony;" and so much of an Act passed in the third year of the reign of King Henry the 3 H. 7. c. 3. Seventh, intituled “ An Act that Justices of the "Peace may take bail," as relates to bail or te mainprize; and an Act passed in the twenty- 25 H. 8. c. 3. fifth year of the reign of King Henry the Eighth, intituled: " An Act for standing "mute, and peremptory Challenge;" and so much of an Act passed in the thirty-second 32 H. 8. c. 3: year of the same reign, intituled “For the ar face " Continuation of Acts, as perpetuates the said he vist “ last-mentioned Act:”. and an Act passed in ***** the second and third years of the reign of 2 & 3 Ed. 6. c 24. King Edward the Sixth, intituled An Act “ for the Trial of Murders and Felonies in sem "xeral Counties” and an Act passed in the sea fifth and sixth years of the same reign, inti- 5 & 6 Ed. 6. c. 10. tuled An Act to take away the Benefit of “Clergy from such as rob in one Shire and "fy into another;" and an Act passed in the first and second years of the reign of King 1 & 2 P. & M. c. 13. Philip and Queen Mary, intituled “ An Act " appointing an order to Justices of Peace for “the Bailment of Prisoners;” and an Act passed in the second and third years of the 2 & 3 P. & M. c. 10. same reign, intituled “ An Act to take Exa" mination of Prisoners suspected of Man “slaughter or Felony;" and an Act passed in the fourth year of the reign of King William 4 W. & M. c. 8. and Queen Mary, 'intituled 4 An Act for en"Scouraging the apprehending of Highway"men, and so much of an Act passed in the tenth and eleventh years of the reign of King 10 & 11 W. 3. c. 23.

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William, intituled “ An Act for the better, ap-
« prehending, prosecuting and punishing of
“ Felons, that commit Burglary, Housebreak-
“ing, or Robbery in Shops, Warehouses,
“ Coach-houses, or Stables, or that steal
6 Horses, as relates to the certificates therein

6 mentioned ;” and so much of an Act passed 1 Anne, St. 2. c. 9. s. 1. in the first year of the reign of Queen Anne,

intituled “ An Act for punishing of Accessories “ to Felonies and Receivers of Stolen Goods, " and to prevent the wilful burning and de

“stroying of Ships, as relates to Accessories;": 0. 5 Anne. 31, and an Act passed in the sixth year of the

same reign, intituled " An Act for the encou“ raging the Discovery and apprehending of “ Housebreakers, except the special Provision 6 affecting the sheriffs and under sheriffs of

“ London and Middlesex;" and an Act passed 6. G. 1. c. 23. in the sixth year of the reign of King George

the first, intituled “ An Act for the further “ preventing Robbery, Burglary, and other " Felonies; and for the more effectual Trans

“ portation of Felons;" and so much of an 25 G. 2. c. 36. s. 11. Act passed in the twenty-fifth year of the reign

of King George the Second, intituled “ An 66 Act for the better preventing Thefts and “ Robberies; and for regulating places of “ public Entertainment, and punishing per

sons keeping disorderly Houses," as relates to payments to prosecutors in cases of felony;

and so much of an Act passed in the twenty27 G. 2. c. 3. s. 3. seventh year of the same reign, intituled “ An

“ Act for the better securing to Constables “ and others the Expences of conveying 66 Offenders to Gaol, and for allowing the “ Charges of poor Persons bound to give “ evidence against Felons," as relates to the allowance of compensation to poor persons apa pearing on recognizance to give evidence against any one accused of felony; and so much of an Act passed in the eighteenth year 18 G. 3. c. 19. s. 7 & 8. of the reign of George the Third, intituled "An Act for the Payment of Costs to Parties " on Complaints determined before Justices " of the Peace out of Sessions, for the Pay"ment of the Charges of Constables in certain "Cases; and for the more effectúal Payment

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of Charges to Witnesses and Prosecutors of ss any. Larceny or other Felony," as relates to payments and allowances to prosecutors and other persons appearing on recognizance or subpoena to give evidence as to any felony, and to rules and regulations touching the costs and charges to be allowed to such prosecutors and persons, and so much of an Act passed in the forty-third year of the same 43 G. 3. c. 59. s. 3. reign, intituled “An Act for remedying cerétain Defects in the Lats relative to the build. «ing and repairing of County Bridges and

other Works maintained at the Expence of "the Inhabitants of Counties in England,” as relates to laying the property in the surveyor of county bridges in any indictment; and so much'of an Act passed in the same year, for 43 G. c. 113. s. 5. providing, among other things, for the more convenient trial of accessories in felonies, as telates to the trial of accessories, except the special provisions therein contained as to acs cessories before the fact in murder, and an " Act passed in the fifty-sixth year of the same 56 G. 3. c. 73. reign, intituled An Act for removing Diffi< culties in the Conviction of Offenders steal& ing Property from Mines" and an Act passed in the fifty-eighth year of the same 58 G. 3 c. 70.

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