130 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE Mr. erand jury to present in lieu of fees of clerks of the peace, sheriffs and gaoler on Molesworth Greene. ^ risoners tried and acquitted. N. B. This Act has been repealed so far as relatas ' 7 [ Q the sheriffs and gaoler, and the clerks of the peace are presented under it every 04 quarter, the sum of 391. 12* S d. By what grand jury is that presented .-— By the sessions; we receive no other presentments from' any grand jury but one, and that is for making a return to government. . . . , ; The presentment made under the 48th George 3, is imperative upon the grand jury, and is, in addition to the presentments to which the clerk of the peace is entitled, under the 23d and 24th of George 3d, is that so?— Precisely so; it has been the prac- tice of some of the clerks of the peace in Ireland, under the table of fees, to charge for each indictment sent to the grand jury, but we have never charged in any in- stance for more than one, no matter how many the prisoners happen to be con- victed upon. Do you consider the Act of the 49th of the King, to apply to the city of Dublin, or to warrant any presentment being made under or by virtue of its authority?—• Certainly I do; and such was the opinion of His Majesty's attorney- general that it was; for the grand jury upon one occasion several years ago, were more active in searching into our presentments, and upon that occasion I laid a number of abstracts of all the Acts of Parliament before Mr. Saurin, and he gave his opinion, which has regulated the grand jury ever since. Will you turn to the 3d section of that Act; is not that the section which authorizes presentments by the grand juries for fees in lieu of those persons who shall be dis- charged without fees ?— The marginal note says, Grand juries to present for fees in " lieu of such persons as shall be discharged without fees j" and there is one thing which shows that this must be an Act relating to all clerks of the peace throughout Ireland, because there is a schedule of all the fees of all the clerks of the peace in all Ireland. With regard to this clause, which gives the power to the grand jury to present, does it state whether it is the term grand jury, or the sessions, grand juries, or the juries at assizes ?— I think the conclusion of that clause removes any doubt about it. Does it state term grand juries, or sessions grand juries, or the grand juries at assizes ?— No, it does not. There is nothing in the enacting part which says, that the sessions grand jury can present?— I think the recital of the Act before it begins with the enacting part, affords a very strong presumption. In that section authorizing presentments, is there any mention made of sessions or of term grand juries?— No ; but the 49th of the King is made referable to the city and county of Dublin and sessions in each, by .50th of the King, sec. 8.5, chap. 103, in these words, 49 George 3, as to fees on criminal prosecutions extended to Dublin county and city. Then there is no provision authorizing the presentment under that section, which applies to sessions grand juries or term grand juries; it is strictly limited to grand juries of assize ?— We are entitled, under the list of fees attached to and forming part of the Act, in common with every other clerk of the peace; that is directed to be posted in the office of all the clerks of the peace. . Wl11 )' ou point out any expression by which you conceive that that section autho- rizes the grand juries of the city of Dublin to present for fees ?— The very title of the Act I should submit, with very great respect, is a strong evidence. Did you take the opinion of the attorney general of Ireland upon that Act?— I think I did. * Have you a copy of that opinion?— I have not here. What do you conceive to be the rate of fees referred to by the 23 and 24 of George 3 ; what is the rate of those fees ?— It is here ; formerly we were presented 50 I and out of that 50 /. the sheriffs and gaoler were entitled to a proportion, and 39 I. 12 s. 8 d. remained of the 50/. to us. Is that taken at the gross charge, or is there any schedule of fees to which you refer?— 1 his Act has been repealed so far as relates to the sheriffs and gaoler, but remains operative as to the clerks of the peace, and they are presented under it a sum ot 39 /. 12s. 8 d. If the 49th of George 3 applies to the city of Dublin as you suggest, it prohibits the receipt. of any other tee than those specified under the schedule of the 49th of ueorge 3 r- - 1 fancy not; I have been advised that that is not the case. Could