Indictable Offences (Ireland) Act, 1849

Power to Justice to bind over the Prosecutors and Witnesses by Recognizance.

Informations, &c taken before Justices not in Petty Sessions to be transmitted to Petty Sessions Clerk; and Informations, &c. taken at Petty Sessions to be transmitted at least once in Fourteen Days to Clerk of Crown, &c.

Witnesses refusing to enter into Recognizances may be committed.

XX. And be it enacted, That it shall be lawful for the Justice or Justices before whom any such Witness shall be examined as aforesaid to bind by Recognizance (O. 1.) the Prosecutor and every such Witness to appear at the next Court of Oyer and Terminer or Gaol Delivery, or Court of General or Quarter Sessions of the Peace, at which the Accused is to be tried, then and there to prosecute, or to prosecute and give Evidence, or to give Evidence, as the Case may be, against the Party accused, which said Recognizance shall particularly specify the Profession, Art, Mystery, or Trade of every such Person entering into or acknowledging the same, together with his Christian and Surname, and the Parish, Township, or Place of his Residence, and if his Residence be in a City, Town, or Borough, the Recognizance shall also particularly specify the Name of the Street, and the Number (if any) of the House in which he resides, and whether he is Owner or Tenant thereof or a Lodger therein; and the said Recognizance, being duly acknowledged by the Person so entering into the same, shall be subscribed by the Justice or Justices before whom the same shall be acknowledged, and a Notice (O. 2.) thereof, signed by the said Justice or Justices, shall at the same Time be given to the Person bound thereby; and every Information, Examination, and Recognizance sworn, taken, or acknowledged by or before any Justice or Justices not sitting in Petty Sessions shall, with all convenient Despatch, and at the latest before the Petty Sessions then next ensuing for the District where the Case may have arisen, be transmitted to the Clerk of the Petty Sessions of such District, and shall be by him laid before the Bench of Justices at the next Petty Sessions after he shall have received such Informations, Examinations, and Recognizances; and every Information, Examination, and Recognizance sworn, taken, or acknowledged at any Petty Sessions in Ireland shall be transmitted by the Magistrates at such Sessions or the Clerk of such Petty Sessions to the Clerk of the Crown of the County, County of a City, or County of a Town in which such Sessions are holden, if the same shall relate to any Matter to be tried or inquired into at the Assizes, and if to any Matter to be tried or inquired into at the Quarter Sessions, then to the Clerk of the Peace of such County, City, or Town, with all convenient Despatch, or at the latest all such Informations, Examinations, and Recognizance shall be so transmitted once at least in every Fourteen Days from every such Court of Petty Sessions, together with all such Informations, Examinations, and Recognizances taken by or before a Justice or Justices not sitting in Petty Sessions as may be then in the Hands of every such Petty Sessions Clerk: Provided always, that if any such Witness shall refuse to enter into or acknowledge such Recognizance as aforesaid it shall be lawful for such Justice or Justices of the Peace, by his or their Warrant (P. 1.), to commit him to the Common Gaol or House of Correction for the County, Division, Liberty, City, Borough, or Place in which the accused Party is to be tried, there to be imprisoned and safely kept until after the Trial of such accused Party, unless in the meantime such Witness shall duly enter into such Recognizance as aforesaid before some One Justice of the Peace for the County, Division, Liberty, City, Borough, or Place in which such Gaol or House of Correction shall be situate: Provided nevertheless, that if afterwards, from Want of sufficient Evidence in that Behalf or other Cause, the Justice or Justices before whom such accused Party shall have been brought shall not commit him or hold him to Bail for the Offence with which he is charged, it shall be lawful for such Justice or Justices, or any other Justice or Justices of the same County, Division, Liberty, City, Borough, or Place, by his or their Order (P. 2.) in that Behalf, to order and direct the Keeper of such Common Gaol or House of Correction where such Witness shall be so in Custody to discharge him from the same, and such Keeper shall thereupon forthwith discharge him accordingly.