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24 & 25 Vict. “ Where any complaint shall be made of any offence against c. 100.
“ sect. 26 of this act,—49 or of any bodily injury inflicted upon Guardians and overseers
any person under the age of sixteen years, for which the party may be re
committing it is liable to be indicted, and the circumstances quired to
" of which offence amount, in point of law, to a felony, or an prosecute. Sect. 73. attempt to commit a felony, or an assault with intent to
" commit a felony,—and two justices of the peace before whom “such complaint is heard shall certify under their hands 50 " that it is necessary for the purposes of public justice that the
prosecution should be conducted by the guardians of the " union or place, or, where there are no guardians, by the overseers of the
poor of the place, in which the offence shall “ be charged to have been committed, such guardians or over
seers as the case may be, upon personal service of such “ certificate or a duplicate thereof upon the clerk of such “ guardians or upon any one of such overseers, shall conduct
“ the prosecution, and shall pay the costs reasonably and secution.
properly incurred by them therein (so far as the same shall " not be allowed to them under any order of any court) out of “ the common fund of the union, or out of the funds in the “hands of the guardians or overseers, as the case may be ;
and, where there is a board of guardians, the clerk or some dians may be bound over to
“other officer of the union or place, and, where there is no prosecute.
“ board of guardians, one of the overseers of the poor, may, if
" such justices think it necessary for the purposes of public For perjury
“justice, be bound over to prosecute." before justices. See also 14 & 15 Vict. c. 100, s. 19, in Vol. I. p.
91, as to prosecutions for perjury.
Costs of pro
Clerk of guar
8. Peturning Depositions, furnishing Copies and Restoration of
Prisoner's Property. 11 & 12 Vict. By 11 & 12 Vict. c. 42, s. 20, it is provided inter alia),
that “the several recognizances so taken [of the prosecutor Depositions,
"and witnesses], together with the written information (if &c. to be returned to the any), the depositions, the statement of the accused, and the court in which the trial is to
recognizance of bail (if any), in every such case, shall be debe had. “livered by the said justice or justices, or he or they shall Sect. 20.
49 See these offences in title “Servants," post, Chap. II.
cause the same to be delivered, to the proper officer of the " court in which the trial is to be had before or at the opening " of the said court on the first day of the sitting thereof, or at “ such other time as the judge, recorder or justice, who is to “preside in such court at the said trial, shall order and ap" point.” 51 By sect. 27,—"at any time after all the examinations afore
Accused enti* said shall have been completed, and before the first day of tled to copies
of the depo" the assizes or sessions or other first sitting of the court at
sitions. * which any person so committed or admitted to bail as afore- Sect. 27. * said is to be tried, such person may require, and shall be * entitled to have, of and from the office or person having the “custody of the same, copies of the depositions on which he " shall have been committed or bailed, on payment of a 6 reasonable sum for the same, not exceeding at the rate of “three halfpence for each folio of ninety words.” 52 By 6 & 7 Will. 4, c. 114, s. 23, (not repealed in this respect,) the judge at the assizes, or the person presiding at the court where the prisoner is to be tried, may allow him to have copies of the depositions where he has not applied for them before the first day of the assizes or sessions, and the trial may be put off on that account.
Justices have in certain cases the same powers as those pos- Restoration of sessed by the judge at the trial to order the restoration of
property. perty belonging to an accused taken possession of by the constable. In these cases, if it appears to the justices that there is no connection between the subject matter of the charge and the property sought to be returned, or that it is not relating to
51 For the assizes the depositions, &c. are sent to the clerk of assize; for the sessions, to the clerk of the peace of the county or borough, at such time before the trial as the sessions direct. The depositions that have been made at all the examinations that have taken place should be returned, and as well of those witnesses who are not bound over as of those called by the prisoner (3 Russell on Crimes, 4th ed. p. 496).
52 It will appear by this section that the prisoner is not entitled to copies of the depositions until the case is completed for trial, and this was the law previous to this statute (Ex parte Fletcher, 13 L. J. (N. S.) M. C. 67; Reg. v. Lord Mayor of London, 5 Q. B. 555); nor is the defendant entitled to them when the charge against him is dismissed (Ex parte Humphreys, 19 L. J. (N. S.) M. C. 189; 15 Law T. 142), nor to the notes of evidence taken (see Note 8, ante, p. 945). The section does not extend to the furnishing of copies of the prisoner's statement, but in practice it is given to bim with the depositions : nor does it apply to the supplying copies of the proceedings to the prosecutor, but in practice they are furnished also. By 30 & 31 Vict. c. 35, s. 4 (ante, p. 960), the accused is entitled to copies of the depositions of the witnesses called by him.
a crime which may form the subject of inquiry, they should order it to be restored, provided it be in itself of a harmless
nature. 53 42 & 43 Vict. Now by sect. 44 of the 42 & 43 Vict. c. 49 (Summary Jurisc. 49, 8. 44.
diction Act, 1879), it is enacted that “where any property has “ been taken from a person charged before a court of sum
mary jurisdiction with any offence punishable either on in“ dictment or on summary conviction, a report shall be made “ by the police to such court of summary jurisdiction of the “ fact of such property having been taken from the person
charged and of the particulars of such property, and the “ court shall, if of opinion that the property, or any portion " thereof, can be returned consistently with the interests of “justice, and with the safe custody of the person charged, “ direct such property, or any portion thereof, to be returned “ to the person charged, or to such other person as he may
o direct." Notice to be Where new evidence is obtained against an accused after the given of fresh evidence
depositions have been completed, it is the proper practice for against the the attorney for the prosecution to give notice to the accused accused,
or his attorney of the names of the witnesses and the substance of what it is expected they will prove, and to furnish the judge with a copy of it, in order that he may be able to inform the grand jury, the prisoner, or the prisoner's counsel of its effect ; 54 but notwithstanding, a witness whose evidence is relevant may be called by the prosecution (Reg. v. Greenslade, 11 Cox, C. C. 412—Brett, J.). Of course, a justice has no jurisdiction to administer an oath or take the examination of a witness after the accused has been committed, except in the
53 In Reg. v. O'Donnell, 7 Car. & P. 138, Mr. Justice Patteson made these very proper remarks: “The prisoner complains that his money was taken from him, and that he was thereby deprived of the means of making his defence. Generally speaking, it is not right that a man's money should be taken away from him, unless it is connected in some way with the property stolen. If it is connected with the robbery, it is quite proper that it should be taken; but unless it is, it is not not a fair thing to take away his money, which he might use for his defence. I believe constables are too much in the habit of taking away everything they find upon a prisoner, which is certainly not right; and this is a rule which ought to be observed by all policemen and other peace officers.” Vide the proviso to sect. 26, post, p. 981, enabling justices to order any money found upon a prisoner to be applied to or towards the payment of the expenses of conveying him to prison.
54 Reg. v. Stiginani, 10 Cox, C. C. 502, Willes, J. Mr. Justice Willes on the Western Circuit, 1865, observed, that if he found any laxity in this respect he should disallow the expenses.
cases provided by 30 & 31 Vict. c. 35, s. 6, ante, pp. 947, 948, nor could it, if taken, be returned as a deposition.
9. Removal of Prisoners for Trial at the Central Criminal
Court. The following is an abstract of the 19 & 20 Vict. c. 16, 19 & 20 Vict. to empower the Court of Queen's Bench to order certain c. 16.
Court of 6 offenders to be tried at the Central Criminal Court:"
Queen's Sect. 1. The Court of Q. B. may order indictments removed into Bench may.
order certain that court, either before or after passing of act, to be tried at offenders to the Central Crim. O.
be tried at Sect. 2. Where any such order is made, the indictment is to be the Central
Criminal transmitted to the Central Crim. C.
any offence committed out of the jurisdiction of the Central
shall issue to remove the indictment into that court.
&c. are to be returned to the Central Crim. O.; and the pri
soner removed to her Majesty's Gaol of Newgate. Sect. 6. A defendant need not appear in person, nor plead in
the Q. B. Sect. 7. A defendant is to be arraigned, plead and be tried in the
Central Crim. C. as if the offence had been committed within
any indictment, such court shall bind the prosecutor and
into them to prosecute, &c. at the Central Crim. C., if notice
give notice to all parties bound by recognizance.
and witnesses may be compelled to attend the trial, Sect. 13. Expenses of prosecution and rewards may be ordered
to be paid. Sect. 14. Her Majesty in council may make rules to effect the
purposes of act.
19 & 20 Vict.
Sect. 15. No objection is to be taken to any certiorari, order, or
other proceeding for removing any indictment, &c.
Crim. C. shall have the same authority as if the offence had
been committed within its jurisdiction.
either in the county where the offence was committed, or
within the jurisdiction of the Central Crim. C.
be taken to and from the Central Crim. C. as often as
deemed to be in lawful custody.
mitted to Newgate.
zance to appear at the Central Crim. C.
reasonable on any defendant applying to be tried at the
Central Crim. C.
the Central Crim. C. the expenses of witnesses shall be ad
vanced to the defendant.
to be paid.
committed shall pay the expenses of the prisoner's mainte
nance, &c. in Newgate, of which an account is to be sent. Sect. 29. The act is not to apply to any peer or peeress.
The 25 & 26 Vict. c. 65, contains almost identical provisions in respect to murder committed by persons subject to the Mutiny Act.
Military mur. ders.
10. Taking Depositions of Persons dangerously Ill after
Committal, or Bailing Accused, or where no Accused.