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11 & 12 Vict, “ justices, or some other justice or justices of the peace for the e. 42.
ne county, &c., to answer the charge in the said informa
“ tion and complaint mentioned, and to be further dealt with No objection “ according to law :-Provided always, that no objection shall for alle ged
“ be taken or allowed to any such summons or warrant, for defect in form, &c.; “ any alleged defect therein in substance or in form, or for
any variance between it and the evidence adduced on the “ part of the prosecution before the justice or justices who
• shall take the examinations of the witnesses in that behalf, but if
as hereinafter mentioned ;-6 but if any such variance shall variance has mninlod, may
" appear to such justice or justices to be such that the party wjourn hear. " charged has been thereby deceived or misled, it shall be ing.
“ lawful for such justice or justices, at the request of the party
so charged, to adjourn the hearing of the case to some future “ day, and in the meantime to remand the party so charged,
or admit him to bail, in manner hereinafter mentioned.” 7 llow warrant Sect. 10, after enacting—"that every warrant (B) hereafter directed.
“to be issued by any justice or justices of the peace to appre“hend any person charged with any indictable offence, shall " be under the hand and seal or hands and seals of the justice
or justices issuing the same, and may be directed either to
any constable or other person by name, or generally to the “constable of the parish, or other district within which the “same is to be executed, without naming him, or to such “constable and all other constables or peace officers in tho “county, or other district within which the justice or justices
issuing such warrant has or have jurisdiction, or generally “ to all the constables or peace officers within such last“ mentioned county or district, -and it shall state shortly the “ offence on which it is founded,—8 and shall name or other“ wise describe the offender,—and it shall order the person or
persons to whom it is directed to apprehend the offender and “ bring him before the justice or justices issuing the said “ warrant, or before some other justice or justices of the
6 A similar proviso is contained in sect. 8, ante, p. 885, as to the information or complaint, but there is nothing there said about it deceiving or misleading the accused, or as to adjourning the case, probably because the warrant or summons is the only document the accused has seen. See post, p. 941, “The Preliminary Examination and Committal of Accused;": but where the offence is not committed in the jurisdiction where offender apprehended, see sect. 22, post, pp. 960, 961.
7 See post, p. 936, as to remanding or bailing accused before or during the examination.
8 See Note 5, supra.
"peace for the same county, riding, division, liberty, city, 11 & 12 Vict. "borough, or place, to answer to the charge contained in the
Sect. 10. "said information, and to be further dealt with according to “ law,” further enacts that—"it shall not be necessary to "make such warrant returnable at any particular time, but " the same may remain in force until it shall be executed ;" and such warrant may be executed by apprehending the How warrant “ offender at any place within the county, riding, division, sionerecuted.
of apprehen" liberty, city, borough or place within which the justice or "justices issuing the same shall have jurisdiction,-or in case “ of fresh pursuit at any place in the next adjoining county “ or place, and within seven miles of the border of such first"mentioned county, riding, division, liberty, city, borough or " place without having such warrant backed as hereinafter “ mentioned ;-9 and in all cases where such warrant shall be “ directed to all constables or other peace officers within the " county or other district within which the justice or justices “ issuing the same shall have jurisdiction, it shall be lawful “ for any constable, headborough, tithingman, borsholder, or “other peace officer for any parish, township, hamlet or place “ within such county or district, to execute the said warrant “ within any parish, township, hamlet or place situate within "the jurisdiction for which such justice or justices shall have " acted when he or they granted such warrant, in like manner " as if such warrant were directed specially to such constable " by name, and notwithstanding the place in which such
warrant shall be executed shall not be within the parish, " township, hamlet or place for which he shall be such con. "stable, headborough, tithingman, borsholder or other peace " officer.” Then follows a proviso similar to that in sect. 9, ante, pp. 895, 89, as to objections and variances in the form of the summons.
By sect. 11,—“if the person against whom any such war- Regulations “ rant shall be issued as aforesaid shall not be found within as to the
backing of “the jurisdiction of the justice or justices by whom the same warrants. " shall be issued, or if he shall escape, go into, reside or be, Sect. 11. " or be supposed or suspected to be, in any place in England
9 The mode of measuring distances in this and similar cases is as the crow flies (see Reg. v. Saffron Walden, 15 L. J. (N. S.) M. C. 115 ; 9 Q. B. 76; Stokes v. Grissell, 23 L. J. (N. S.) C. P. 141; 14 C. B. 678). The provisions of this act as to backing of warrants are contained in sects. 11-15, and are set out in paragraphs Nos. 4-8, ante, p. 19.
11 & 12 Vict." or Wales, out of the jurisdiction of the justice issuing such c. 42.
warrant, it shall and may be lawful for any justice of the Bect. 11.
* peace for the county or place into which such person shall
so escape or go, or in which he shall reside or be, or be “supposed or suspected to be, upon proof alone being made “ on oath of the handwriting of the justice issuing such war" rant” (see R. v. Kynaston, 1 East, 117] “to make an in“ dorsement (K) on such warrant, signed with his name, “ authorizing the execution of such warrant within the juris. “ diction of the justice making such indorsement, and which " indorsement shall be sufficient authority to the person “ bringing such warrant, and to all other persons to whom “ the same was originally directed, and also to all constables " and other peace officers of the county or place where such
warrant shall be so indorsed, to execute the same in such “ other county or place, and to carry the person against whom “ much warrant shall have issued when apprehended, before “ tho justico or justices of the peace who first issued the said “ warrant, or before some other justice or justices of the peace “ in and for the same county, riding, division, city, borough
or place, or before some justice or justices of the county,
riding, division, city, borough or place where the offence
" in the said warrant mentioned appears therein to have Proviso. “ beon committed : — Provided always, that if the prose
“ cutor or any of the witnesses upon the part of the pro" pocution, shall then be in the county or place where such “person shall have been so apprehended, the constable or “ other person who shall have so apprehended such person
may, if so directed by the justice backing such war"rant, 10 take and convey him before the justice who shall “ have so backed the said warrant, or before some other justice
or justices of the same county or place;—and the said justice “ or justices may thereupon take the examinations of such
prosecutor or witnesses, and proceed in every respect in " manner hereinafter directed with respect to persons charged “ before a justice or justices of the peace with an offence " alleged to have been committed in another county or place “ than that in which such persons have been apprehended” (i.e. by sect. 22, post, pp. 960, 961).
10 The direction here alluded to is contained in Forin K in the act, Oke's “ Formulist," 6th ed. p. 13.
An ordinary warrant for treason, felony, or breach of the When war.
rants may be peace, which we have seen, ante, p. 893, may be issued on a
executed. Sunday, may likewise be executed on that day. 11 The search warrant for stolen property mentioned at p. 899, Execution of
search waras likewise authorized, ante, p. 881, to be granted on a Sunday,
?rants. must be executed in the day time, if there be probable suspicion only; but where there is positive proof, it may be executed in the night time; and may, it is conceived, be executed on a Sunday. See also sect. 16 of 34 & 35 Vict. c. 112, ante, p. 890, as to a chief officer of police granting authority to a constable to search premises. A search warrant granted by a borough justice may be executed in the county, if within seven miles from the borough (5 & 6 Will. 4, c. 76, s. 101). Other articles than those mentioned in the warrant may be seized, if they are likely to furnish evidence of the identity of those which are specified. 12
It will be seen, ante, p. 892, that a justice may issue his Offenders warrant for the apprehension of an accused flying to a foreign escaped to
foreign councountry, and hear the case in the ordinary way, notwithstand- tries. ing the acts as to extradition of criminals apply to the crime and the foreign country. See post, p. 892, as to foreign offenders.
It will have been observed, by the provisions of the 11 & 12 Describing Vict. c. 42, before noticed, that the summons to the party offence, pro
perty, ownercharged must “state shortly the matter of such information” ship of pro(s. 9), and that the warrant must "state shortly the offence on perty, ge. it which it is founded” (s. 10); and although it is not necessary in these preliminary proceedings that the same strict rules should be adhered to as in case of indictments and summary convictions, the summons, warrants, and subsequent proceedings must show in legal terms an indictable offence cognizable by statute or at common law. 13 The following epitome of
11 A warrant may be executed on a Sunday if it be to apprehend for treason, felony, or a breach of the peace (see 21 Car. 2, c. 7, s. 6); and the words "breach of the peace'' have been holden to include all offences which are impliedly against the peace, as a warrant to find sureties for good behaviour (Johnson v. Colston, T. Raym. 250), but not to a warrant of comunitment under a justice's order or conviction (R. v. Myers, 1 T. R. 265).
12 Crozier v. Cundy, 6 B. & C. 232; Price v. Messenger, 2 B. & P. 158. Vide Form of Search Warrant, Oke's "Formulist,” 6th ed. p. 476, No. 11. The warrant will direct the apprehension of the person in whose custody the goods are found, in order to his being brought before a justice to answer the information (2 Hale's P. C. 150).
13 Vide Note 5, ante, p. 895.
Ownership of property.i4
enactments relative to charging certain offences in indictments
describing partners, property in turnpike roads and high-
same as in the 11 & 12 Vict. c. 43, s. 4, Vol. I. p. 151 : 2. Collectors of rates and assistant overseers stealing or em
bezzling the property may be described as belonging to the inhabitants of the parish without their names (12 & 13 Vict. c. 103, s. 15; and see Reg. v. Carpenter, 33 L. J. (N. S.)
M. C. 169; 14 Law T., N. S. 572): 3. Indictments may be amended on variances between them and
the evidence (14 & 15 Vict. c. 100, s. 1): 4. Goods of a convicted felon may be described as of the Queen
(Reg. v. Whitehead, 9 C. & P. 429; 2 Mood. C. C. 181): 5. Goods, &c. of friendly societies are described as of the trustees,
naming them (18 & 19 Vict. c. 63, s. 18; see Reg. v. Loose,
29 L. J. (N. S.) M. C. 132; 2 Law T., N. S. 254): 6. Property of a bankrupt, in the name of the registrar, or after
appointment of trustee, in him (32 & 33 Vict. c. 71, ss. 17,
22): 7. Property of a trade union in the proper names of the trustees
as trustees of the trade union, without further description
(34 & 35 Vict. c. 31, s. 8): 8. Wages, earnings, money and property of a married woman
declared to be her separate property, in her own name (33 &
34 Vict. c. 93, s. 11): 9. Post-letters, of “Her Majesty's Postmaster-General” (7 Will.
4 & 1 Vict. c. 36, s. 40); as also goods, property, &c. (11 & 12 Vict. c. 88, s. 5), and telegraphic messages (31 & 32 Vict. c. 110, s. 21), and a post-letter (32 & 33 Vict. c. 73, s. 23), and so is a book-packet or post-card (33 & 34 Vict. c. 79,
s. 16): 10. Goods, &c. of a corporation, by their corporate name (see also
19 & 20 Vict. c. 47, s. 13, and 25 & 26 Vict. c. 89): joint stock
companies generally, same as partners, paragraph No. 1: 11. Goods, &c. of a joint stock banking company, in the name of
the registered officer (7 Geo. 4, c. 46, s. 9; 1 & 2 Vict. c. 96;
3 & 4 Vict. c. 111, and see 27 & 28 Vict. c. 32, s. 1): 12. Goods, &c. of a literary or other like institution, in the
governing body of the institution, without naming the persons (17 & 18 Vict. c. 112, s. 20):
14 Special modes of describing technically the owners of articles and property are given in Oke's “ Formulist,"' 6th ed. pp. 511–514.