Clerk of the peace to give no

to be in a state of disturbance, or in immediate danger of becoming so; as also such part as he or they shall think proper of any adjoining county; a copy of which proclamation shall be forth with transmitted by the clerk of the privy council to the clerk of the peace of every such county so mentioned therein; who shall thereupon, forthwith, give notice thereof to the several magistrates, and to the assisLice of procla- tant barrister of every such county, or to the person duly mation to ma- qualified to act as assistant barrister therein, requiring gistrates and assistant barrister. their attendance at the special sessions to be held as hereinafter mentioned, unless some part of such county shall have been previously proclaimed under a proclamation then in force, by virtue whereof the special sessions shall shall be then sitting from day to day, as herein-after mentioned, in which case he shall, forthwith, give such notice to the justices presiding at such special sessions, who shall, thereupon, or as soon after as the said court shall sit, cause such further proclamation to be publicly read in open court. And by s. 2. every such proclamation shall warn the inhabitants of every such proclaimed county, or part tants to stay in thereof, to be and remain within their houses, at all hours between sun-set and sun-rise, from and after such day as shall be named therein for that purpose, under the penalties by law established; and such proclamation shall furSpecial sessions ther order that a special sessions of the peace for every such ordered by such county shall be held in such county, at such time and

3. 2. Proclamation

to warn inhabi

their houses.

proclamation.

place as shall be therein named, not exceeding 7 days from the date of such proclamation; and such special sessions shall be held accordingly, and shall continue to sit so long as such county, or any part thereof, shall be proclaimed, and shall have power to adjourn from time to time, and from place to place within such county, as shall be found convenient; and the clerk of the peace in every such counpeace to publish ty shall, forthwith, cause such proclamation to be pubclamation. lished in all the public newspapers printed within such

Clerk of the

and post up pro

county, and cause one printed copy or more thereof to be posted up, in large legible characters, in all market towns within said county, or such part thereof as shall be so proclaimed provided however, that if any part of such county shall have been previously proclaimed under any pro

clamation

S. 3.

deemed pro

5, 4.

conclusive evi

clamation then continuing in force, in the whole or in part, Proceeding where part of by reason whereof there shall then be a court of special county previoussessions of the peace sitting under this act from day to ly proclaimed. day, in such county, then such proclamation shall not make mention of any such special sessions of the peace, but the said special sessions shall continue to sit, and shall take cognizance of all offences committed within such district or part so newly proclaimed, in the same manner, in all respects, as if such sessions were summoned and sitting by and under such latter proclamation. By s. 3. every county or part of a county so proclaimed, shall be consi- County, &c. dered as a proclaimed district, from the day on which the claimed from inhabitants thereof shall be required by the proclamation what day. to remain within their houses between sun-set and sun-rise as aforesaid, and not before. By s. 4. all proclamations which shall be issued under this act as aforesaid, or the Proclamation Dublin Gazette importing to contain a copy of such pro- dence of the auclamations respectively, shall be conclusive evidence in all thority of issu ing it, courts of civil or criminal jurisdiction in Ireland, of all facts necessary to authorize the issuing of such proclamations; and every such proclamation shall be deemed to have been issued in conformity to the provisions of this act. By s. 5. after the issuing of such proclamation, the lord lieute- Serjeant at law or king's counnant, &c. shall direct one of his majesty's serjeants at law, sel appointed to or a king's counsel, if such serjeant or counsel can be pro-cial sessions. preside at specured, to repair to any such county, which, or any part of which, shall be so proclaimed, and there to continue and to preside at said sessions from day to day, in manner hereinafter mentioned, so long as such county shall continue to be so proclaimed, unless sooner recalled or permitted to leave the same by the lord lieutenant, &c.; and the assistant barrister of every such county, or such other person as shall be duly authorized to do his duty, shall, on receiv- said sessions, ing such notice, forthwith repair to such county, and shall and continue in continue in said county, and be present at said sessions, so long as the said county, &c. shall continue to be so proclaimed; so as that so long as such county, &c. shall be proclaimed, there shall be an assistant barrister, &c. therein. And by s.6. such serjeant or king's counsel shall preside in said court of sessions as the chief judge thereof; and such Such sessions to

sessions

S. 5.

Assistant bar

rister of county also to attend

said county.

s. 6.

have the powers

oyer and termi

idle and disor

derly by this

act, without bill found by any grand jury, or verdict of petty jury.

of a court of sessions shall have all the jurisdiction of a court of ner, and to try oyer and terminer, &c. and shall proceed without any persons declared grand jury, and without any bill found, to try any person who shall, by information on oath, taken before any justice of the peace of the county wherein such court shall sit, and returned to the clerk of the peace for said county, or his deputy, be accused of any of the matters in respect whereof any person is by this act declared to be an idle and disorderly person, and shall try such person on evidence upon oath, to be administered by such court in support of such accusation, and in support of the defence of such person, if any such shall be offered, and shall convict or acquit the person so tried according to the merits of the case; and such conviction and judgment, or acquittal, may be had without the verdict of any petty jury, and shall be equally valid as if such judgment had been had on a bill found by a grand jury, and the verdict of a lawful petty jury given thereon. Provided, (s. 7.) But court may that if such court shall think proper, having due regard for summoning to the circumstances of the case, and the then existing jury, if they think proper.

́s. 7.

issue a precept

state and condition of the county, to try any persons charged upon any such information, by a jury, it shall be lawful for such court to issue a precept under the hand of one of the justices attending such special sessions, to such person or persons as the court shall appoint, for the purpose, commanding him or them to summon a jury to appear before the said court of special session, at the time and place mentioned in the said precept, which summons all persons are hereby required to obey; and it shall be lawful for said court, upon the appearance of said jury, to cause said jury to be sworn and impanelled immediately, or at any time they may appoint to try the said person or persons upon the said information; and the sessions held under this act shall have all powers of enforcing the attendance of persons so summoned, as any court of general sessions, or quarter sessions of the peace; and the verdict of such jury shall be of the same effect, as the verdict of a jury in a court of oyer and terminer, &c. and the said court of sessions shall pass their judgment on such case accordingly: Provided that the

execution

any judgment

less serjeant or

If dissenting therefrom report to be made

nant.

S. 8.

exécution of any judgment or conviction shall be sus- Execution of pended, unless the serjeant or king's counsel so presiding suspended unshall agree with the majority of the justices of peace pre- king's counsel sent at such court; and in case such serjeant or counsel concur therein. shall differ in opinion from the majority of the justices present at such sessions, he shall, forthwith, report the case, and the whole of the evidence taken the upon same, together with his opinion, to the lord lieutenant, &c. who to lord lieute shall give such direction thereupon as he may think proper; and until such directions shall have been received, the prisoner shall remain in custody: Provided that nothing herein shall prevent the holding the general sessions Proviso as to of the peace in such county, in the usual manner for general sessions. discharging the ordinary business thereof, at such hours as the said special sessions shall not be sitting. And by s. 8. it shall be lawful for the said court, by summons under the hand of one of the justices attending such spe- Power to sumcial sessions, to summon any persons to attend the said special sessions as witnesses upon the trial of any such information as aforesaid; which summons every person so summoned shall obey, subject to such fines, penalties, punishments and forfeiture for non-attendance, as persons summoned or subpoenaed by any court of oyer and terminer, &c. are subject to; and all witnesses examined by Witnesses liable said court, or by any justice upon any information exhi- to prosecution bited to him, shall be liable to the same punishment, &c. for perjury, as witnesses examined by any court of oyer and terminer, &c. are subject to. And by s. 9. copies of S. 9. all informations upon oath, upon which any person shall Copies of informations, judgbe tried under this act, and of all judgments and convic- ments, &c. to be tions thereupon, shall, by the serjeant or counsel so pre- the peace. siding at such sessions, be deposited with or forwarded to the clerk of the peace of the county for which such court shall be held, and shall be filed among the records of the quarter sessions of such county.

mon witnesses.

for perjury.

filed by clerk of

s. 10.

By s. 10. any magistrate or peace officer may cause to be apprehended and committed any person who shall, Magistrates.&c. within any such county or district so proclaimed, persons out of may apprehend be found in the fields, streets, highways, or elsewhere, out between sun-set of his or her dwelling or place of abode, at any time from and sun-rise.

one

their houses

Such persons

deemed idle and

out on some

lawful occasion.

s. 11.

Justices, &c. may use force

to enter houses

the inhabitants of which are suspected of being absent,

one hour after sun-set until sun-rise; and such person being duly charged therewith on oath as aforesaid, shall and may be brought before the said special sessions which shall inquire into the said charge; and unless such person can prove to the satisfaction of such court, (taking disorderly, un- the assistance of a jury when and so far only as such less proof given court shall require the same,) that he or she was out of of their being his or her house upon his or her lawful occasions, such person shall be deemed an idle and disorderly person. By s. 11. it shall be lawful for any justice of peace, or any person thereto authorized by the warrant of any justice of peace, at any time from one hour after sun-set until sun-rise, to demand admission, and in case admission shall be refused, or not obtained within a reasonable time after it shall have been first demanded, to enter by force into any house in any county or district so proclaimed, from which he shall suspect the inhabitants, or any of them, to be then absent, and search therein, so as to discover whether the inhabitants or inmates, or any of them, be absent; and if any of them shall be absent between the said hours, any magistrate or peace officer may cause to be apprehended, &c. the persons so absent, who shall be brought before the said special sessions as aforesaid, and shall be deemed idle and disorderly, unless they can prove to the satisfaction of said court, with or without the aid of a jury as aforesaid, that they were absent on their lawful and proper occasions: Provided that such justice of the peace authorizing and directing any persons to make such search, shall make a true and faithful report of the names of all persons so deputed to make such search, and their quality and descriptions, to the special sessions, within 7 days after such search. And by s. 12. any person Persons taking who shall take or enter into any oath or engagement deunlawful oaths clared to be unlawful, or for the taking or entering into deemed idle and disorderly. which any penalty or punishment is imposed by any act in force in Ireland, not being compelled thereto by inevi table necessity, shall be deemed an idle and disorderly person provided that if any person shall be tried for such fact before such special sessions, in the mode prescribed by this act, such person shall not be liable to be again tried or questioned for the same fact or offence

Persons absent apprehended and tried as idle persons.

Justices to re

port the names of persons authorized by

them to make such search.

s. 12.

before