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1. In every case where any person shall be charged before any justice in manner aforesaid with any felony, (save as herein-after excepted,) or with any assault with intent to commit any felony, or with any attempt to commit any felony, or with any offence against an Act of the first and second years of his late Majesty King William the Fourth, intituled “An Act to amend an Act passed in the Parliament of Ireland in the fifteenth and sixteenth years of the reign of his Majesty King George the Third, intituled ’An Act to prevent and punish tumultuous risings of persons within this kingdom, and for other purposes therein mentioned,’” or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving property stolen or obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot, or with assault in pursuance of a conspiracy to raise wages, or assault upon a peace officer in the execution of his duty or upon any person acting in his aid, or with neglect or breach of duty as peace officer, or with any misdemeanor for the prosecution of which the costs may be allowed out of the county rate or funds, it shall be lawful either for the justice before whom such charge shall be made, at any time before such person shall be committed to gaol, or for the justice by whom the warrant to commit shall have been signed, at any time afterwards, and before the first day of the sitting of the court before which he shall have been committed to be tried, if (having regard to the nature of the charge, and the cogency of the evidence adduced in support of it), it appears to him to be a case in which bail ought to be taken, to admit such accused person to bail by recognizance (C.) with one or more sufficient sureties, at the discretion of the justice, conditioned that he will appear at the time and place when and where he is to be tried for such offence, and that he will then surrender and take his trial, and not depart the court without leave; and whenever in any such case the accused person shall not be so admitted to bail, if the committing justice shall be of opinion that he ought to be admitted to bail, he shall certify (I c.) on the warrant of commitment his consent to his being bailed, stating also the amount of bail which ought to be required; and any justice of the county attending or being at the gaol where such accused party shall be in custody, on production of such certificate at any time before the first day of the sitting of the court before which he shall have been committed to be tried may admit such accused person to bail in manner aforesaid:
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2. In every case where any person shall be charged before any justice with any indictable misdemeanor other than those herein-before mentioned, such justice, after taking the examinations, instead of committing him to prison, shall, upon the application of such person (and upon being satisfied as to the sufficiency of the bail offered), admit him to bail in manner aforesaid; or if he shall have been committed to gaol and shall apply to any justice for the same county to admit him to bail at any time before the first day of the sitting of the court before which he shall have been committed to be tried, such justice shall admit him to bail in manner aforesaid:
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And whenever it shall not be convenient for the surety or sureties in any case to attend at the gaol to join with the accused person in the recognizance of bail, then the committing justice or the justice by whom such person can be admitted to bail, as the case may be, shall make a duplicate of such certificate (I c.) as aforesaid; and upon the same being produced to any justice for the same county it shall be lawful for such last-mentioned justice, before such time as aforesaid, to take the recognizance of the surety or sureties in conformity with such certificate; and upon such recognizance being transmitted to the keeper of such gaol, and produced to any justice attending or being at such gaol, it shall be lawful for such last-mentioned justice, before such time as aforesaid, to take the recognizance of such accused person in like manner as if the sureties were present; and in all cases where a justice shall admit to bail any person who shall then be in any gaol charged with the offence for which he shall be so admitted to bail, such justice shall send to or cause to be lodged with the keeper of such gaol a warrant (Ed.) requiring the said keeper to discharge the person so admitted to bail, if he be detained for no other offence or under no civil process; and upon such warrant being delivered to such keeper he shall forthwith obey the same: Provided always, that no justice shall admit any person to bail for treason or for any felony under the Treason Felony Act, 1848; nor shall any such last-mentioned person be admitted to bail except by order of the Lord Lieutenant, or his chief secretary, or by her Majesty’s Court of Queen’s Bench at Dublin.
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