Persons guilty of like crime in Scotland,

and returned.

part of Great Britain called Scotland, and before one of the justices of peace of such county, which justice of peace is hereby authorized and required to proceed with regard to such person or persons, in the manner directed by an act, made in the 24th year of the reign of his majesty King George the Second, intituled, "An Act for amending and making more effectual a Clause in an Act, passed in the last Session of Parliament, for the apprehending of Persons in any County or Place, upon Warrants granted by Justices of the Peace of any other County or Place," as if the said person or persons had been apprehended in the said county.

II. And for remedy of the like inconveniency, by the escape of persons guilty of crimes in that part of Great Britain called Scotland, be it further enacted by the authomay be ap- rity aforesaid, that from and after the passing of this act, prehended if any person or persons, against whom a warrant shall be issued by the lord justice general, lord chief justice clerk, or any of the lords commissioners of justiciary, or by any sheriff, or stewart depute, or substitute, or justice of the peace of that part of Great Britain called Scotland, for any crime or offence against the laws of that part of the united kingdom, shall escape, go into, reside, or be, in any place of that part of Great Britain called England, it shall and may be lawful for any justice of the peace of the county, riding, division, city, liberty, town, or place, where such person or persons shall escape, go into, reside, or be, to indorse his name on the said warrant; which warrant, so indorsed, shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all constables or other peace officers of the county, riding, division, city, liberty, town, or place where such warrant shall be so indorsed, to execute the said warrant in the county, riding, division, city, liberty, town, or place where it is so indorsed, by apprehending the person or persons against whom such warrant is granted, and to convey him, her, or them into the county or place of that part of Great Britain called Scotland, being adjacent to that part of Great Britain called England, where the crime was committed; and before the sheriff, or stewart-depute, or substitute, or one of the justices of the peace of such county or place, to be there dealt with according to law; or in case the crime was committed in a county not next adjacent to that part of Great Britain called England, then, and in such case, to convey him, her, or them into any county of that part of Great Britain called Scotland, next adjacent to that part of Great Britain called England, and before the sheriff, or steward-depute, substitute, or one of the justices of the peace of such county, which sheriff, steward, or justice of the peace, is hereby required to proceed with regard to such person or persons according to the rules and practice of the

law of Scotland, as if the said person or persons had been apprehended in the said county.

III. And be it further enacted by the authority aforesaid, Expense of that the expense of removing prisoners as aforesaid, shall removing prisoners be repaid to the person defraying the same by the treasurer to be defrayof the county of that part of Great Britain called England, ed by the or by the sheriff, or steward-depute, or substitute, of the treasurer of county of that part of Great Britain called Scotland, in the county in England, which the crime was committed, the amount of that ex- or by the pense being previously ascertained by an account thereof, sheriff de verified upon oath before two of the justices of the peace and. of such county, and allowed and signed by them.

44 Geo. 3, C. 92.

pute in Scot

from Ire

hended, and

III. Whereas, it may frequently happen that felons Offenders and other malefactors, in that part of the united king- escaping dom called Ireland, make their escape into that part of land, into the united kingdom called Great Britain, as also that Great Brifelons and other malefactors in that part of the united tain, may kingdom called Great Britain may make their escape into be appre that part of the united kngdom called Ireland, whereby conveyed their offences often remain unpunished, there being no suf- to Ireland; ficient provision, by the laws now in force in Great Britain and Ireland, respectively, for apprehending such offenders and transmitting them into that part of the united kingdom in which their offences were committed: for remedy whereof, be it further enacted, that, from and after the first day of August, 1804, if any person or persons, against whom a warrant shall be issued by any of the judges of his majesty's Court of King's Bench, or any justice of oyer and terminer, or gaol delivery, or any justice or justices of the peace, or other person having authority to issue the same within Ireland, for any crime or offence against the laws in force in Ireland, shall escape, go into, reside, or be in any place in England or Scotland respectively, it shall and may be lawful for any justice of the peace of the county, stewartry, riding, division, city, liberty, town or place, in England or Scotland respectively, whither or where such person or persons shall escape, go into, reside, or be, to indorse his name on such warrant, which warrant, so indorsed, shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all constables or other peace-officers of the county, stewartry, riding, division, city, liberty, town, or place, where such warrant shall be so indorsed, to execute the said warrant, in the county, riding, division, city, liberty, town, or place, where it is so indorsed, by apprehending the person or persons against whom such warrant is granted, and to convey him, her, or them, by the most direct way, into

Parties apprehended in one part

of united kingdom, for offences charged to

to bail.

Ireland, and before one of the justices of the peace of the county in Ireland, living near the place, and in the county where he, she, or they shall arrive and land; which justice of the peace is hereby required to proceed, with regard to such person or persons, as if the said person or persons had been legally apprehended in the said county in Ireland.

IV. [Offenders escaping from Great Britain into Ireland may be apprehended and conveyed back in like manner.]

45 Geo. 3, c. 92.

I. [Recites 13 Geo. 3, c. 41, 44 Geo. 3, c. 92, and proceeds thus:] And whereas there is no provision made in the said acts for admitting such persons to bail, who may be so apprehended for offences which by law are bailable: be it therefore enacted, &c., that in case any person or persons shall be apprehended in one of the said parts of the united kingdom for an offence which was committed, or charged to have been committed, in either of the other parts of the same, under any warrant indorsed in such manner as is in that respect provided by virtue of either of be commit- the said recited acts, such person or persons shall and may ted in any other part! be taken before the judge or justice who indorsed the thereof, shall said warrant, or before some other justice or justices of be admitted the county, stewartry, city, liberty, town, or place where the same was indorsed; and in case the offence be bailable in law, and such offender or offenders shall be willing and ready to give bail for his, her, or their appearance, according to the exigence of the said warrant, such judge, or justice or justices, by whom such warrant was indorsed, or before whom any such offender or offenders shall be brought, shall and may proceed with such of fender or offenders, and take bail for him, her, or them, according to the exigence of the said warrant, in the same manner as the judge or justice who originally issued the same should or might have done; and such judge, or jus tice or justices, so taking bail as aforesaid, shall take the recognizance or bail-bond of the said offender or offenders, and of his, her, or their bail, in duplicate, and shall deliver one of such duplicates to the constable, or other officer or officers, or person or persons so apprehending such offender or offenders as aforesaid, who are hereby required to receive the same, and to deliver or cause to be delivered such recognizance or bail-bond to the clerk of the crown, or clerk of the peace, or other proper officer for receiving the same, belonging to the court in which by such recognizance or bail-bond such offender or offenders shall be bound to appear, and such recognizance or bail-bond shall be as good and effectual in law, to all intents and purposes, and of the same force and validity,

as if the same had been entered into, taken, or acknowledged before a judge, or justice or justices of the peace of the county, stewartry, city, town, liberty, or place where the offence was committed; and the said judge, or justice or justices, so taking bail as aforesaid, shall transmit the other of such duplicates to the Court of Exchequer of such part of the United Kingdom in which such bail shall be taken, there to be kept of record; and it shall and may be lawful for the court, in which any person so bound to appear shall forfeit his or her said recognizance or bail-bond, to transmit a certificate, testifying the forfeiture thereof, under the seal of the court, or under the hand and seal of one of the judges or justices of the same, to the Court of Exchequer, in that part of the united kingdom in which such recognizance or bail-bond shall have been taken; and it shall and may be lawful for such Court of Exchequer to proceed, upon such certificate, to levy the sum so forfeited in the same manner in which they may proceed upon any recognizance or bail-bond taken and forfeited within the same part of the united kingdom, and estreated in due course into the said court: Provided always, that if such Parties not offence be not bailable in law, or such offender or offenders bailable, nor bailed, shall not give bail for his, her, or their appearance, accord- shall be ing to the exigence of such warrant, the said judge, or jus- remanded to tice or justices, before whom such offender or offenders custody as shall be brought, shall remand him, her, or them to the vited acts. custody of the constable or other officer or person who shall have apprehended such offender or offenders; and such constable, officer, or other person shall proceed to convey such offender or offenders into that part of the united kingdom wherein the offence was committed, by such ways and means as are provided by the said recited acts respectively.

under re

&c.

II. And whereas, it may happen, by reason of the differ. The judge, ence in the law prevailing in the said different parts of the &c. granting the original united kingdom, that the judge, or justice or justices, before warrant, whom any offender or offenders shall be brought, under such shall write, warrant so indorsed, may not know whether the offence "not bail mentioned in such warrant be or be not bailable; for the bet- able," on the face, of warter information therefore of such judge, or justice or jus rants. tices, in that particular, be it further enacted, that in for offences case any person suing out such warrant shall shew, by not bailable, affidavit or otherwise, to the satisfaction of the judge or justice granting such warrant, that it may be necessary to execute such warrant in a part of the united kingdom different from that in which such warrant is issued, and it shall appear also to the judge or justice granting such warrant, that it is granted for an offence for which it would not be lawful for any judge, or justice or justices, before whom such offender or offenders might be brought, by reason of the indorsement of such warrant, as directed

Act shall not

affect prose

cutions depending, 44 Geo. 3, c. 92.

by the said recited acts, to admit such offender or offenders to bail, such judge or justice granting such warrant shall, upon the face of such warrant, write the words "not bailable;" and in all cases in which such words shall not have been so written, it shall and may be lawful for the judge, or justice or justices, before whom any offender or offenders may be brought under such warrant so indorsed, to admit such offender or offenders to bail.

VII. Provided always, and be it enacted, that nothing in this act contained shall, with respect to any prosecu tion depending before the passing of this act, be deemed or taken by any court to alter or affect in any manner the construction of the said act of the forty-fourth year of his majesty's reign, if any question should arise whether such prosecution be authorized by the true intent and meaning of the said act,