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Disposal of the prisoner in case of indictable offences.
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15. The manner in which the person accused shall be disposed of when the evidence shall have been taken in proceedings for indictable offences, shall be subject to the following provisions:
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1. Whenever the offence shall have been committed within the jurisdiction of the justice or justices present, and he or they shall be of opinion that the evidence is not sufficient to put such accused person on his trial, he or they shall forthwith order such accused person, if in custody, to be discharged as to the information then under inquiry; but if in the opinion of such justice or justices such evidence is sufficient to put such person on his trial, or if such evidence raises a strong or probable presumption of guilt, then such justice or justices shall either by warrant (E b.) commit him to gaol, to be there kept until his trial for the said offence, or shall admit him to bail in manner hereinafter provided, according as he or they shall see fit:
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2. Whenever any person shall appear or be brought before any justice charged with any offence alleged to have been committed by him in any county or place in Ireland wherein such justice shall not have jurisdiction, it shall be lawful for such justice, and he is hereby required, to examine such witnesses, and receive such evidence in proof of such charge, as shall be produced before him within his jurisdiction; and if in his opinion such evidence shall be sufficient proof of the said charge, such justice shall thereupon, either by a like warrant (E b.) commit the person accused to the gaol of the county or place wherein the offence shall be alleged to have been committed, or shall admit him to bail, according as such justice shall see fit; but if in his opinion such evidence shall not be sufficient to put the accused party on his trial, then such justice shall bind over the prosecutor, if he shall have appeared, and the witnesses, to give evidence when required so to do, and shall thereupon, by warrant (E c.) order such person to be taken before some justice of the county in which and near the place where the offence is alleged to have been committed, and shall at the same time deliver to the person having the execution of such warrant the information, depositions, and recognizances, if any, so taken, to be delivered to the justice before whom the accused person shall be taken in obedience to such warrant; and such information, depositions, and recognizances shall be treated to all intents as if they had been taken before such last-mentioned justice:
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Provided always, that if such last-mentioned justice shall not think the evidence against such accused party sufficient to put him on his trial, and shall discharge him without holding him to bail, any recognizance so taken by the said first-mentioned justice shall be null and void.
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