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been raised and paid, if the offender had been prosecuted and tried within the limits of such exclusive jurisdiction, and that the judge or court of oyer and terminer, and general gaol delivery, shall have full power and authority to make such order touching such costs and expenses as such judge or court shall deem proper, and also to direct by whom and in what manner such expenses shall in the first instance be paid and borne, and in what manner the same shall be repaid and raised within the limits of such exclusive jurisdiction, in case there be no treasurer or other officer within the same, who, by the custom and usage of such place ought to pay the same in the first instance."
Rewards for the apprehension of offenders.] By stat. 7 Geo. 4, C. 64, s. 28, it is enacted, "That where any person shall appear to any court of oyer and terminer, gaol delivery, superior criminal court of a county palatine, or court of great sessions, to have been active in or towards the apprehension of any person charged with murder, or with feloniously and maliciously shooting at, or attempting to discharge any kind of loaded fire-arms at any other person, or with stabbing, cutting, or poisoning, or with administering any thing to procure the miscarriage of any woman, or with rape, or with burglary, or felonious house-breaking, or with robbery on the person, or with arson, or with horse stealing, bullock stealing, or sheep stealing, or with being accessary before the fact to any of the offences aforesaid, or with receiving any stolen property, knowing the same to have been stolen, every such court is hereby authorised and empowered, in any of the cases aforesaid, to order the sheriff of the county in which the offence shall have been committed, to pay to the person or persons who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the court shall seem reasonable and sufficient, to compensate such person or persons for his, her, or their expenses, exertions, and loss of time, in or towards such apprehension; and where any person shall appear to any court of sessions of the peace, to have been active in or towards the apprehension of any party charged with receiving stolen property, knowing the same to have been stolen, such court shall have power to order compensation to such persons, in the same manner as the other courts herein before mentioned: provided always, that nothing herein contained shall prevent any of the said courts from also allowing to any such persons, if prosecutors or witnesses, such costs, expenses, and compensation, as courts are by this act empowered to allow to prosecutors and witnesses respectively."
With regard to the offences to which the above section extends, it *was held by Hullock, that the case of sacrilege was not included, [*229] not coming within the words burglary or housebreaking. Robinson's case, 1 Lewin, C. C. 129. And on the authority of this case, Bolland, B. refused a similar application, though both he and Parke, J. would otherwise have been disposed to put a different construction upon the statute. Ib.
But where a woman was indicted for an attempt to murder her child, by suffocating it, Patteson, J., allowed the constable his extra expenses in apprehending the prisoner, being of opinion that the case was within
the spirit and intention of the foregoing clause, though not within the words. Durkin's case, 2 Lew. C. C. 163.
Under the word "exertions" in the above clause, Parke, B., ordered a prosecutor a gratuity of five pounds for his courage in apprehending the prisoner. Womersly's case, 2 Lew. C. C. 162.
By the stat. 7 Geo. 4, c. 64, s. 29, it is enacted, "That every order for payment to any person, in respect to such apprehension as aforesaid, shall be forthwith made out and delivered by the proper officer of the court unto such person, upon being paid for the same the sum of five shillings, and no more; and the sheriff of the county for the time being is hereby authorized and required, upon sight of such order, forthwith to pay to such person, or to any one duly authorized on his or her behalf, the money in such order mentioned; and every such sheriff may immediately apply for repayment of the same to the commissioners of his majesty's treasury, who, upon inspecting such order, together with the acquittance of the person entitled to receive the money thereon, shall forthwith order repayment to the sheriff of the money so by him paid, without any fee or reward whatsoever."
Allowance to the widows and families of persons killed in endeavoring to apprehend offenders.] By the stat. 7 Geo. 4, c. 64, s. 30, it is enacted, "That if any man shall happen to be killed in endeavoring to apprehend any person who shall be charged with any of the offences herein before last mentioned, [in sect. 28,] it shall be lawful for the court before whom such person shall be tried, to order the sheriff of the county to pay to the widow of the man so killed, in case he shall have been married, or to his child or children in case his wife shall be dead, or to his father or mother, in case he shall have left neither wife nor child, such sum of money as to the court in its discretion shall seem meet; and the order for payment of such money shall be made out and delivered by the proper officer of the court unto the party entitled to receive the same, or unto some one on his or her behalf, to be named in such order by the direction of the court, and every such order shall be paid by and repaid to the sheriff in the manner herein before mentioned," [in the 29th section.]
Under this head will be stated the various statutory provisions which have been lately made, with regard to the venue in different cases, and the decisions which have occurred upon the construction of those provisions. Some few general rules also relating to venue generally will be given. The law respecting venue in particular indictments will be found stated under the proper heads.
It may here be mentioned, that by the 2 & 3 Vict. c. 72, justices of assize may hold courts for a county at large, and also for any county of a
city, county of a town, borough, or other jurisdiction locally, situate within, or adjacent to, such county at large, in any court house, whether in or belonging to such county at large, or any such county of a city, &c.; and may from time to time adjourn such courts from the court house wherein they shall be then holding the same, to such other court house as they may deem convenient. But no court is to be held in any place more than three miles distant from the county, &c., for which such court is holden.
Offences committed on the boundaries of counties, or partly in one county and partly in another.] By stat. 7 Geo. 4, c. 64, s. 12, (repealing 59 Geo. 3, c. 96,) it is enacted, that, "where any felony or misdemeanor shall be committed on the boundary or boundaries of two or more counties, or within the distance of five hundred yards of any such boundary or boundaries, or shall be begun in one county and completed in another, every such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished, in any of the said counties, in the same manner as if it had been actually and wholly committed therein."
*It has been held, that this section does not extend to trials in [ *231 ] limited jurisdictions, but only to county trials. Welsh's case, 1 Moody, C. C. 175 (a).
Offences committed in detached parts of counties.] By the 2 and 3 Vict. c. 82, s. 1, justices of the peace for any county may act as justices in all things relating to any detached part of any other county, which is surrounded in whole or in part by the county for which such justices act, and all offenders in such detached part may be committed for trial, tried, convicted, and sentenced, and judgment and execution may be had upon them in like manner as if such detached part were to all intents and purposes part of the county for which such justices act.
By s. 2, the expenses of prosecuting offenders committed from the detached part of any county are to be repaid by the county to which such detached part belongs, in the manner therein prescribed.
Offences committed on persons or property in coaches employed on journies, or in vessels employed in inland navigation.] By the stat. 7 Geo. 4, c. 64, s. 13, for the more effectual prosecution of offences committed during journies from place to place, it is enacted, "that where any felony or misdemeanor shall be committed on any person, or on or in respect of any property in or upon any coach, wagon, cart, or other car(a) 2 Eng. C. C. 175.
riage whatever, employed in any journey, or shall be committed on any person, or on or in respect of any property on board any vessel whatever, employed in any voyage or journey upon any navigable river, canal, or inland navigation, such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in any county through any part whereof such coach, wagon, cart, carriage, or vessel shall have passed in the course of the journey or voyage, during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county; and in all cases where the side, centre, or other part of any highway, or the side, bank, centre, or other part of any such river, canal, or navigation shall constitute the boundary of any two counties, such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in either of the said counties through or adjoining to, or by the boundary of any part whereof such coach, wagon, cart, carriage, or vessel shall have passed in the course of the journey or voyage, during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county."
The offence must be committed "in or upon the coach," to bring it within the above act; therefore, where a guard of a coach on changing horses near Penrith, carried a parcel to a privy, and while there, took two sovereigns from it; Parke, B., held, that he must be tried in Westmoreland. Sharpe's case, 2 Lew. C. C. 233.
Offences committed in the county of a city or town corporate.] By stat. 38 Geo. 3, c. 52, s. 2, it shall be lawful for any prosecutor to [*232] *prefer his bill of indictment for any offence committed or charged to be committed within the county of any city or town corporate, to the jury of the county next adjoining to the county of such city or town corporate, sworn and charged to inquire for the king for the body of such adjoining county, at any session of oyer and terminer, or general gaol delivery, and every bill of indictment found to be a true bill by such jury, shall be valid and effectual in law, as if the same had been found to be a true bill by any jury, sworn and charged to inquire for the king for the body of the county of such city or town corporate.
Notwithstanding this statute, if the offence was in fact committed in the county of a city or town corporate, it must be so stated in the indictment, though the bill is found in the adjoining county. Mellor's case, Russ. and Ry. 144 (a). It need not be averred in the indictment, that the county where the bill is found is the next adjoining county. When the record is regularly drawn up, it may appear in the memorandum of caption. Goff's case, Russ. and Ry. 179 (b).
If the indictment has been found by a grand jury of the county of a city, &c. any court of oyer and terminer, or gaol delivery, may, at the prayer of the defendant, order the defendant to be removed by habeas
corpus to the gaol of the next adjoining county, and the trial shall take place before a jury of the such adjoining county. 38 Geo. 3, c. 52, s. 3. The court before which the offender is tried and convicted, may order the judgment to be executed either in the same county or in the county of a city in which the offence was committed. 51 Geo. 3, c. 100, s. 1. As
(a) 1 Eng. C. C. 144. (b) Ibid. 179.
to the expenses in these cases, see 38 Geo. 3, c. 52, s. 8, 51 Geo. 3, c. 100, s. 2, 60 Geo. 3, c. 14, s. 3, 7 Geo. 4, c. 64, s. 25, 5 and 6 Wm. 4, c. 76, ss. 113, 114.
Where an application was made under the above statute, to have an indictment for a misdemeanor, found by a grand jury of the county of the city of York, tried in the county of York, Park, J., was of opinion that it would be necessary for the bail to surrender the defendant to the custody of the city gaoler, and that a habeas corpus should then issue to bring up the body, and that the judge should then commit him to the county gaol. The clerk of the arraigns produced the indictment and recognizances, and the judge (pursuant to the terms of the act) made an order to have them filed amongst those of the county. Roubattel's case, 1 Lewin, C. C. 278.
London, Westminster, and the borough of Southwark are excepted out of the 38 Geo. 3; but so much of that statute as also excepted Bristol, Chester, and Exeter is repealed by the 5 and 6 Wm. 4, c. 76, s. 109. By the latter act, Berwick-upon-Tweed is to be taken to be a town corporate, within the 38 Geo. 3.
Offences committed in Wales.] In case of offences committed in Wales, the venue might formerly have been laid in the next adjoining English county, by the stat. 26 H. 8, c. 6, s. 6, which was held to extend to felonies created after its enactment. Wyndham's case, Russ. and Ry. 197 (a). But that statute is impliedly repealed by the 11 Geo. 4, and 1 Wm. 4, c. 70, s. 14, and now, in indictments for *offences com- [*233 ] mitted in Wales, the venue must, as in England, be laid in the county in which the offence is committed, unless otherwise provided for by statute. Archb. C. L. 18, 7th ed.
Offences committed at sea, or within the jurisdiction of the Admiralty.] By 28 H. 8, c. 15, all treasons, felonies, robberies, murders, and confederacies thereafter to be committed in or upon the sea, or in any other haven, river, creek, or place where the admiral or admirals have or pretend to have power, authority, or jurisdiction, shall be inquired, tried, heard, determined, and judged, in such shires and places in the realm, as shall be limited by the king's commission or commissions to be directed for the same in the like form and condition, as if such offence or offences had been committed or done in or upon the land.
This statute being thought not to extend to felonies created subsequently by statute, the following act was passed to provide for these cases.
By stat. 39 Geo. 3, c. 37, s. 1, all and every offence and offences, which, after the passing of that act shall be committed upon the high seas, out of the body of any county of this realm shall be, and they are declared to be of the same nature respectively, and to be liable to the same punishment respectively, as if they had been committed upon the shore, and shall be inquired of, heard, tried, and determined, and adjudged in the same manner as treasons, felonies, murders, and confederacies are directed to be tried by the 26 H. 8.
By the larceny act, 7 and 8 Geo. 4, c. 29, s. 77, where any felony or misdemeanor, punishable under that act, shall be committed within the
(a) 1 Eng. C. C. 197.