6 & 7 Will. 4, c. 14(a), s. 130.That if any person against whom any commission has been issued, or shall hereafter be issued, whereupon such person hath been or shall be declared bankrupt, shall not, before three of the clocks upon the fortysecond day after notice thereof in writing, to be left at the usual place of abode of such person, or personal notice in case such person be then in prison, and notice given in the Dublin Gazette of issuing of the commission and of the sittings of the commissioner, surrender himself to him, and sign or subscribe such surrender, and submit to be examined before him from time to times upon oath, or, being a Quaker or Moravian or Separatist, upon solemn affirmation or declaration; or if any such bankrupt upon such examination shall not discover all his real or personal estate, and how and to whom, upon what consideration, and when he disposed of, assigned, or transferred any of such estate, and all books, papers, and writings relating thereunto, (except such part as shall have been really and bona fide before sold or disposed of in the way of his trade, or laid out in the ordinary expense of his family); or if any such bankrupt shall not upon such examination deliver up to the commissioner all such part of such estate, and all books, papers, and writings relating thereunto, as be in his possession, custody, or power, (except the necessary wearing apparel of himself, his wife, and children); or if any such bankrupt shall remove, conceal, or embezzle any part of such estate to the value of ten pounds or upwards, or any books of account, papers, or writings relating thereto, with intent to defraud his creditors; every such bankrupt shall be deemed guilty of felony, and be liable to be transported for life, or for such term, not less than seven years, as the court before which he shall be convicted shall adjudge, or shall be liable to be imprisoned only, or imprisoned and kept to hard labour, in any common gaol, penitentiary house, or house of correction, for any term not ex ceeding seven years.

་ ་་་

131. That the lord chancellor shall have power, as often as he shall think fit, from time to time to enlarge the time for the bankrupt surrendering himself, for such time as the lord chancellor shall think fit, so as every such order be made six days at least before the day on which such bankrupt was to surrender himself.

160. [The powers and duties of the lord chancellor may be exercised and performed by a lord keeper, or lords commissioners of the great seal.]

1 & 2 Geo. 4, c. 59, (b,) s. 41.-That from and after the pass

(a) Entitled "An act to amend the laws relating to bankrupts in Ireland."

(b) Entitled "An act for the relief of insolvent debtors in

59.

Insolvent

making wilful omission in his schedule; ment, not exceeding three

imprison

ing of this act, in case any prisoner shall, with intent to defraud 1 & 2 G. 1, 0. his creditor or creditors, wilfully and fraudulently omit in his schedule, as aforesaid, any effects or property whatsoever; or shall retain or except out of the schedule, as wearing apparel, bedding, working tools and implements, and other necessaries, more in value than fifteen pounds; every such person so offend ling, and any person aiding and assisting him to do the same, shall, upon being thereof convicted by due course of law, be adjudged guilty of a misdemeanor; and thereupon it shall and may abe lawful for the court, before whom such offender shall have been so tried and convicted, to sentence such offender to be imprisoned and kept to hard labour for any period of time not exbceeding three years.

years.

copies of the proceedings of the insol.

vent court, evidence ita

all cases.

ments against

54. That the chief clerk of the court to be established by Unstamped virtue of this act shall, on the reasonable request of any such prisoner, or of any creditor or creditors of such prisoner, or his, her, or their attorney, produce and show to such prisoner, creditor or creditors, or his, her, or their attorney, at such times as the said court shall direct, such petition, schedule, order, and judgment, and all other orders and proceedings made and had in such matter; and that a true copy of every such petition, schedule, order, judgment, and other proceedings, signed by the chief clerk in whose custody the same shall be, or his deputy, certifying the same to be a true copy of such petition, schedule, order, judgment, or other proceedings, as the case may be, without being written on stamp paper, shall at all times be admitted, in all courts whatever, as legal evidence of the same respectively. 3 Geo. 4, c. 124, s. 31. That in every information or indictment against any person for having, with intent to defraud his creditors, wilfully and fraudulently omitted in his schedule, as finally amended and filed in the said court, at the time of the order for his discharge from actual custody, any effects or property whatsoever, or retained or excepted out of the schedule as wearing apparel, bedding, working tools and implements, and *other necessaries more in value than fifteen pounds, or against any person for aiding and assisting to do the same; it shall be sufficient to set forth the substance of the offence charged on the defendant, without setting forth the petition, or conveyance, or assignment to the provisional assignee, appointment of assignee or assignees, or any assignment whatever, or balance sheet, order for hearing, adjudication, order for discharge, or remand, or any warrant, rule, order, or proceeding, of or in the said court, except so much of his schedule as may be necessary for purpose.

that

Ireland." Continued with 3 Geo. 4, c. 124, by 6 & 7 Will. 4, c. 23, for three years from the 21st of June, 1836, and thenceforth, until the end of the next session of parliament.

In indictinsolvents for omitting prothe schedule,

perty from

the substance of the offence

charged

alone, may be

set out.

9 G. 4, c. 55.

Stealing in or from a

church, with breaking in or out, felony.

Punishment of death for sacrilege re. pealed, and transportation substi

tuted.

The property

butions at a charity sermon, is vested

in the trea surer of the charity.

[Accessaries, p. 9. Admiralty offences, p. 14. Pardon, p. 12. Removing goods from one part of the United Kingdom th another, p. 14. Restitution, p. 9. Valuable security," itse meaning, p. 2.]

SECTION 7.
Sacrilege.

9 Gen. 4, c. 55, s. 10.-That if any person shall break and 32 enter any church, meeting house, chapel, or other place of divine worship,and shall steal therein or therefrom, any chattel(a), or having stolen any chattel in or from any church, meeting house, chapel, or other place of divine worship, shall break out of the same; every such offender, being convicted thereof, shall suffer death as a felon.

5 & 6 Will. 4, c. 81(b). [Recites 36 Geo. 3, c. 7, post, 249 9; 52 Geo. 3, c. 143; 7 & 8 Geo. 4, c. 29; and 9 Gev. 4, c. 55, s. 10; and the expediency of mitigating the punishment of death.] Be it, &c., that so much of each of the said acts as inflicts the punishment of death upon persons convicted of any of the offences therein and hereinbefore specified, shall be, and the same is hereby repealed; and that from and after the passing of this act, every person convicted of any of the offences in the said act, so specified, or of aiding or abetting, counselling, or procuring the commission thereof, shall be liable to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years.

6 & 7 Will. 4, c. 4(c). [Recites 5 & 6 Will. 4, c. 81; and a doubt whether offenders are liable to any punishment, on account of a clerical error therein.] Be it, &c., that the same

(a) Rex v. Smith. The prisoner was indicted before the in the contri- Recorder of Dublin (Sir J. Greene), for having feloniously taken money from a poor plate in a church, which had been collected at a charity sermon. The property was laid in the treasurer of the charity. Counsel for the prisoner objected that no ownership had been shown to exist in such treasurer; but the court upheld the indictment, and declared that the property in the money collected vested in the treasurer, and in him alope, immediately on its being laid on the plate by the contributors. 1819. M'Derm. Cr. Code, 78.

(b) Entitled, " An act for abolishing capital punishments ́ în a cases of letter stealing and sacrilege."

(c) Entitled, "An act to amend an act of the last session for ~ abolishing capital punishments in cases of letter stealing and sacrilege."

4.

Amendment of 5 & 6 W. 4,

act shall be read as if, instead of the words, "in the said act 6 & 7 W. 4, c. so specified," the words, " in the said acts so specified," had been inserted in the said act of the last session; and that all persons who may hereafter be duly convicted of any of the offences mentioned in the said act of the last session, shall and may be c. 81. sentenced by the court or judge by or before whom such offenders may be tried, to transportation for life, or for any term of years not less than seven, or to be imprisoned for any term not exceeding three years, with or without hard labour, and for any period of solitary confinement during such imprisonment, at the discretion of such court or judge.

3 & 4 Will. 4, c. 37(a), s. 72.-That if any church, chapel, Compensaor other building used for religious worship, according to the tion may be usage of the united church of England and Ireland, shall be granted by grand jury maliciously or wantonly demolished, pulled down, burned, or presentment, set fire to, or in any manner maliciously or wantonly injured or for malicious injury to damaged; it shall and may be lawful for the said ecclesiastical churches. commissioners, or any person or persons to be by them deputed in that behalf by writing under their common seal, to sue for and recover satisfaction and amends for such malicious or wanton demolition, burning, firing, or injury or damage, as aforesaid, at the next assizes to be held for the county in which such church, chapel, or other building may be situate, or if in the county of Dublin, at the next presenting term, or if in the city of Dublin, at the next quarter sessions for the said city, by exhibiting to the judge or judges of assize, or to the court of King's Bench for the said county of Dublin, or to the recorder of the city of Dublin, if at such quarter sessions, a petition praying such satisfaction and amends as aforesaid, and therein setting forth particularly the injury or damage done or committed, and the particular amount and nature thereof, by what number of persons such injury or damage was done or committed, and the names or descriptions of such offenders, so far as the same shall be known to the petitioners; and the matter of such petition shall be inquired into by such judge or judges of assize, or court of King's Bench, or recorder, in open court, in the presence of the grand jury impannelled and sworn at such assizes, or presenting term, or sessions, on the oath of such person or persons as may be produced to testify as to the same; and if, on consideration of the matter, such judge or judges of assize,t or recorder, shall + Sic. be of opinion that such demolition, burning, firing, or other injury or damage, was wantonly or maliciously done, such judge or judges shall inquire into the amount of such injury or damage done or committed as aforesaid; and the said grand jury shall thereupon, and they are hereby required, pursuant to the direction of such judge or judges, court of King's Bench, or recorder as aforesaid, to present such sum or sums of money as shall

(a) Entitled, "An act to alter and amend the laws relating to the temporalities of the church in Ireland."

37.

Traverse of presentment above £5, to be tried at

assizes.

3 & 4 W. 4, c. appear to be the amount of the injury or damage committed as aforesaid, to be raised either on the county, county of a city or town, barony, town or towns, parish or parishes, in or near which such offence shall have been committed, and in such proportions as they shall think fit; which sum or sums so presented as aforesaid shall be applotted, levied, and raised, by such ways and means, and in such form and manner as other public money presented at the said assizes, or presenting term, or sessions; and such money shall be paid to the said commissioners, or to the person or persons by them deputed as aforesaid, and be by such commissioners applied to rebuild or repair such church, chapel, or other building, and be for such purpose expended by such person or persons, in such manner, and subject to such regulations and security for the due application thereof as they shall think fit. Provided, that if any person or persons shall find himself, herself, or themselves aggrieved by any present. same or next ment to be made in pursuance of this act; such persons or persons, in case the sum so presented do exceed the sum of five pounds, shall or may at the said assizes, or presenting term, or sessions, traverse the same which traverse shall be tried at the same or next ensuing assizes, presenting term, or sessions, as the judge or judges who shall allow the same shall think fit; and if, on such traverse, the issue shall be found for the traverser, such presentment shall be discharged, otherwise the same shall be final and conclusive to all persons; and in case the said issue shall be found against the traverser, it shall and may be lawful to and for the judge before whom the same shall be tried, in case he shall see fit, to award the costs thereof to be paid by the traverser, to be taxed and certified by the clerk of the crown; the payment whereof may be enforced, if necessary, by a summary order of his Majesty's Court of King's Bench in Ireland. Provided always, that the said commissioners, or the person or persons by them deputed as aforesaid, or the rector, curate, or other officiating minister, or, in case of vacancy of the benefice, offence com- any two inhabitants of the parish, within thirty days after such offence shall have been committed, shall give notice thereof to the high constable of the barony, and to the churchwardens of the parish where such offence shall have been committed (if such high constable or churchwarden shall respectively reside within such barony and parish), who are hereby required forthwith to publish the same within such barony or parish; and if such high constable or churchwardens shall not reside therein as aforesaid, then such notice shall be given to some two inhabitants of such barony or parish.

Notice there of to be given days after

within thirty

mitted.

4 & 5 Will. 4, c. 90(a), s. 20.—That in case any such wan,

(a) Entitled, An act to amend an act made in the third and fourth year of the reign of his present majesty, intituled, ' an act to alter and amend the laws relating to the temporalities of the church in Ireland.""