Bribery (but vide 52 & 53 Vict. c. 69, s. 6, for Exceptions). Unlawful combinations and conspiracies (except conspiracies or combinations to commit any offence which the justices or recorder respectively have or has jurisdiction to try when committed by one person).

Stealing or fraudulently taking, or injuring or destroying, records or documents belonging to any Court of law or equity, or relating to any proceeding therein.

Stealing or fraudulently destroying or injuring or concealing wills or testamentary papers, or any document or written instrument being or containing evidence of the title to any real estate or any interest in lands, tenements or hereditaments.

The above are by virtue of 5 & 6 Vict. c. 38, s. 1 (the Quarter Sessions Act). Frauds by trustees, bankers, officers of public companies, &c. (24 & 25 Vict. c. 96, ss. 75-86, and by other statutes). Offence of three or more, armed in night, entering upon land to take game (9 Geo. 4, c. 69, s. 9).

Corrupt practices at parliamentary, municipal, &c. elections (17)

& 18 Vict. c. 102, s. 10; 46 & 47 Vict. c. 51, s. 53; 47 & 48 Vict. c. 70, ss. 30, 35, 36; 50 & 51 Vict. c. 13; 51 & 52 Vict. c. 41, s. 75; 56 & 57 Vict. c. 73, s. 48).

Offences against the False Personation Act (37 & 38 Vict. c. 36, s. 3).

Offences against the Criminal Law Amendment Act (48 & 49 Vict. c. 69, s. 17).

Offences against the Official Secrets Act, 1889 (52 & 53 Vict. c. 52, s. 6 (3).

Offences which are the subject of an indictment against a corporation (R. v. Birmingham and Gloucester Rail. Co., 9 C. & P. 478).

(e.g., on an indictment for perjury—a statutory offence-
the defendant was properly convicted of the common law
misdemeanour of taking a false oath (Reg. v. William E.
Hodgkiss, L. R. 1 C. C. R. 212; 39 L. J. M. C. 14).)

Assaults, under sect. 5 Common assault

of the Criminal Law Amendment Act (48 & 49 Vict. c. 69), against girls and female idiots. Rape

......

Defilement of girls under
13 years of age.
Rape by personation of
husband.

An offence, under section 3 of

the Criminal Law Amend.
Act, against women and girls
by procuring or attempting
to procure by threats, fraud
or administering drugs, &c.
(1.) An offence, under sect. 4, by
defiling or attempting to defile
a girl under 13 years of age.
(2.) An offence, under sect. 5,
by defiling or attempting to
defile a girl between 13 and
16 years of age or female idiot.
(3.) Indecent assault.

(4.) Offence of rape by persona-
tion of husband.

Corrupt practice at an election.

An illegal practice

Any felony where indict- Unlawfully wounding
ment charges cutting,
stabbing or wounding.

....

{

14

& 15 Vict.

c. 100, s. 17.

R. v. Yeadon, L.
& C. 81.
R. v. Taylor, 1
C. C. R. 194.

R. v. Taylor, 1

C. C. R. 194.
R. v. Bostock, 17
Cox, 700.
R. v. Bostock, 17
Cox, 700.

48 & 49 Vict.

c. 69, s. 9.

46-7 V. c. 51, s. 50 47-8 V. c. 70, s. 30 51-2 V. c. 41, s. 75 56-7 V. c. 73, s. 48 14 & 15 Vict. c. 79, s. 5.

(e.g., wounding with intent to commit murder.)

B.R.

R

OFFENCE CHARGED.

JURY MAY CONVICT OF

BY AUTHORITY OF

Administering poison with intent to endanger life or inflict grievous bodily harm.

Obtaining property by The same if larceny proved..... 24 & 25 Viet. false pretences.

c. 96, s. 88.

NOTE.-On indictment for larceny, false pretences can not be found.

Murder

Manslaughter, under sect. 1, sub-s. 3, of 4 Edw. 7, c. 15.

Child murder..

Robbery with violence

and

Robbery.

Burglary and Larceny..

Burglary

(2.) Stealing in a dwelling-
house to value of 51. (if so
stated in indictment).
Burglary.

(3.) Entering a dwelling-house
by night with intent to com-
mit a felony, &c. (This is burg-
lary by sect. 51 Larceny Act.)
(4.) Housebreaking.

Entering a dwelling-house by
night with intent to commit
a felony, &c.
Housebreaking.

Housebreaking and Steal- (1) Housebreaking; (2) stealing

ing.

to value of 57. in dwelling-
house, if so stated in indict-
ment (3) simple larceny.

Larceny by a servant.. Simple larceny

R. v. Mackalley, 9 Co. Rep. 67b. 4 Edw. 7, c. 15.

24 & 25 Vict.

c. 100, s. 60.

2 Hale, 203.

24 & 25 Vict. c. 96, s. 41. R. v. Compton, 3 C. & P. 418. R. V. Bullock, 1 Mood. C. C. 324.

R. v. Brookes, C. & Mar. 543.

R. v. Jennings, 7 Cox, 397.

24 & 25 Vict. c. 96, s. 72. 24 & 25 Vict. c. 96, s. 72. R. v. Hodgkiss, L. R. 1 C. C. R. 212. Boaler_v._R., 21

Q.B. D. 284; 57 L. J.M.C. 85.

APPENDIX C.

CRIMINAL PROCEDURE, ENGLAND.

RULES

MADE BY THE ATTORNEY-GENERAL, DATED MAY 13, 1904, WITH THE APPROVAL OF THE LORD CHANCELLOR AND THE SECRETARY OF STATE FOR THE HOME DEPARTMENT, IN PURSUANCE OF SECTION 2 OF THE POOR PRISONERS' DEFENCE ACT, 1903.

1. Every clerk of assize and clerk of the peace shall keep a list of solicitors who are willing to undertake the defence of poor prisoners, and shall insert in such list the names of all solicitors who are willing so to act. The name of any solicitor shall be removed from the list, either on the application of the solicitor himself or by direction of any judge of assize or chairman of quarter sessions. A copy of such list shall be sent to every clerk to justices in the county or quarter sessions district.

2. Every clerk of assize and clerk of the peace shall keep a list of the members of the Bar attending the circuit or sessions who are willing to act as counsel for poor prisoners, and shall insert in such list the names of all such members of the Bar who are willing so to act.

3. Any certificate given by the justices in pursuance of sect. 1 of the Poor Prisoners' Defence Act, 1903, shall be in Form A in the schedule hereto. It shall as soon as it has been given be sent by the clerk to the justices to the clerk of assize or clerk of the peace, together with the name of the solicitor assigned.

The certificate given by a judge of assize or chairman of quarter sessions shall be in Form B in the schedule hereto.

4. Any justices, judge of assize, or chairman of quarter sessions, who give such a certificate shall at the same time

assign to the prisoner from the list kept under Rule 1 a solicitor to whose services the prisoner shall be entitled.

A copy of the depositions shall be furnished to the solicitor so assigned by the justices' clerk, clerk of assize, or clerk of the peace, as the case may be.

5. Any member of the Bar whose name appears upon the list kept under Rule 2 may be instructed on behalf of the prisoner by the solicitor so assigned.

SCHEDULE.

FORM A.-CERTIFICATE OF COMMITTING JUSTICES.

We [or I] the committing justice[s] in the case of having regard to the nature of the defence set up by him, as disclosed in the evidence given before us [or me] [or in the statement made by him before us] [or in the evidence given and statement made by him before us], are [or am] satisfied that it is desirable in the interests of justice that he should have legal aid in the preparation and conduct of his defence, and that his means are insufficient to obtain such aid, and we [or 1] therefore certify that the said ought to have such legal aid. A. B.,

C. D.,
Justice[s] of the Peace.

Note. The prisoner has been committed to released on bail and may be communicated with at

I, A. B.

Prison [or has been

-].

FORM B.-CERTIFICATE OF JUDGE OR CHAIRMAN.

having regard to the nature of the defence set up by as disclosed in the evidence given [or in the statement made by him] [or in the evidence given and statement made by him] before the committing justices, am satisfied that it is desirable in the interests of justice that he should have legal aid in the conduct of his defence, and that his means are insufficient to enable him to obtain such aid, and I therefore certify that the said ought to have such legal aid.

A. B.,

Judge of Assize or Chairman of Quarter Sessions or Recorder of

Law Officers' Department, 13th May, 1904.

R. B. FINLAY, Attorney-General.
Approved,

HALSBURY, C.

A. AKERS DOUGLAS.