Insanity of accused. Verdict. Motion in arrest of judgment. Sentence. Writ of error. Court for the Consideration of Crown Cases Reserved. entitled to be at once set at liberty, unless there be some other legal ground for his detention. If the jury find that the accused was, on the ground of insanity, not responsible in law at the time of the alleged offence, the Court shall order him to be kept in custody as a criminal lunatic during Her Majesty's pleasure. He cannot afterwards be tried for the same offence. 66 The next step, where the verdict is "guilty," or the accused has pleaded guilty," is for the officer of the Court, in case of treason or felony, to ask him whether he has anything to say why sentence should not be passed upon him, according to law. At any time before sentence the accused may "move in arrest of judgment," but such a motion can only be made on certain technical grounds, and not on the merits of the case. If no such motion be made, or if the Court decide such motion adversely to the accused, the Court may proceed to pass sentence. If the accused be a woman, and the sentence passed be that of death, she may move to stay execution on the ground of her pregnancy (1). There is in English law no appeal, properly so called in indictable offences (2). But advantage can be taken of many technical irregularities by suing out what is called a "writ of error" in the Queen's Bench Division of the High Court, and if such Division decide against a defendant he may appeal to the Court of Appeal, and thence to the House of Lords. A writ of error cannot issue without the fiat of the Attorney-General. The judge, commissioner, justice of the peace, or recorder, before whom the case was tried may in his discretion reserve any question of law which may have arisen at the trial for the consideration of the judges of the Queen's Bench Division of the High Court of Justice, or five of them at the least, of whom the Lord Chief Justice, unless prevented by illness, must be one (3). These justices sitting to consider questions so reserved are styled the "Court for the Consideration of Crown Cases Reserved.". Upon consideration of the question reserved, and (if counsel (1) By one of the quaint survivals of our law the procedure then is for a jury of twelve "matrons" to be empowered to try whether or not she be "with child of a quick child." If they find for the prisoner the Court must respite until either she be delivered of a child, or until it become impossible in the course of nature that she should be so delivered. (2) See as to appeal against order of attachment, O'Shea v. O'Shea and Parnell, 15 P. D, 59, where it was held that contempt of Court in the publication of comments calculated to prejudice the fair trial of an action falls under the words " 8 criminal cause or matter" in sect. 49 of the Judicature Act, 1873, and that therefore there is no appeal. (3) Archbold Crim. Plead.; 11 & 12 Vict.c.78; R. v. Clark, L. R. 1 C. C. R. 54. appear) upon hearing argument they "reserve, affirm, or amend" any judgment which shall have been given (1). Besides the trial of prisoners, the Courts of Quarter Sessions Appeals to Courts of also hear appeals from summary convictions and summary Quarter orders in civil or quasi-civil matters. Such appeals are heard Sessions. before the Court itself without the intervention of a jury. An important portion of such appeals formerly arose upon questions in regard to the settlement of paupers, a matter upon which a Settlement vast amount of now for the most part obsolete learning exists. of paupers. A discussion of the poor laws would be quite beyond the scope of this work. The whole matter of settlement has been much simplified by the 39 & 40 Vict. c. 61, s. 33, and the law in regard to it has become of less importance since the passing of the Union Chargeability Act, 1865 (28 & 29 Vict. c. 79). matters. At the present day much of the most important appeal work Rating at Quarter Sessions consists of appeals in rating matters; but for this peculiar branch of the law special works must of necessity be consulted (2). And here, in bringing to a conclusion these Commentaries on the present Laws of England, a few words may be appropriately addressed to the friendly reader who has thus far followed the progress of the work. The aim of the author throughout has been to give (so far as is possible within the limited space at his command) a comprehensive statement of the present condition of English law, bringing into special prominence the present and living law, and only dealing with past law, or that which is practically obsolete, so far as it is necessary to make the reader understand the present. English law, described by Lord Tennyson, with perhaps some slight poetic exaggeration, as "The lawless science of our law, and characterised by Hallam more than a quarter of a century ago, as the accumulation of statute upon statute and precedent upon precedent, "till no industry can acquire nor any intellect. digest, the mass of learning that grows upon the panting student," is every year becoming more and more complicated by the changes introduced by legislation and judicial decision. And while eternal vigilance (to adapt the phrase of a great writer) in observing these changes, be they more or less important, is the price which must be paid to secure freedom from disastrous error, the student of law will find that his only chance of grappling successfully with the difficulty is to obtain a wide knowledge of established principles, combined with a readiness for mastering the details of each question as it arises. Throughout the work, accordingly, the utmost pains have been taken to supply the reader not only with statements of principles as settled by the latest authorities, but also with references to decided cases and standard treatises where the best and latest knowledge can be obtained with reference to the various subjects discussed. The writer ventures to hope that these volumes, the result of much arduous labour on his part, largely assisted by friendly aid which he most gratefully acknowledges, may not only afford substantial assistance to professional students and practitioners, but may also prove of interest to those outside the legal profession, who desire to become acquainted with the present state of English law. THE END. INDEX. ABATEMENT, practice as to, 713 ABDUCTION, offence of, 1192 ABSOLUTE BARS TO DIVORCE PETITION, 1015, 1016, 1017 ACCEPTANCE, what amounts to, within the meaning of 17th section of the Statute ACCUMULATIONS, law as to, 73, et seq. ACKNOWLEDGMENT, of deed by married woman, 226 of statute-barred debt must be in writing, 372 ACTIO PERSONALIS MORITUR CUM PERSONÂ, ACTION, proceedings instituted by, 701 commenced by writ, 703 ACTION FOR RECOVERY OF LAND, ACTION IN REM contrasted with action in personam, 1048, et seq. ACTS OF BANKRUPTCY, what are, 896 may arise by, (1) debtor's dealings with the property, 896 (2) debtor's acts independent of property, 896, 897, 898 (3) action of creditors, 896, 899 (4) order of Court, 896, 900 must be committed in England unless otherwise expressly provided by statute, 896, n. ACTS OF STATE defined, 452 law as to, 452, et seq. ADJECTIVE LAW, definition of, 358 ADJOURNMENT TO JUDGE, practice as to, 780 ADJUDICATION: See BANKRUPTCY. where must or may be ordered, 913 annulment of, 946, 947 ADMINISTRATION, exemptions from, 980 ADMINISTRATION BOND, practice as to, 988 ADMINISTRATION, LETTERS OF, definition of, 987 order of preference in granting, 987, 988 |