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was not entitled to them until the whole of the examinations were completed. Exp. Fletcher, 13 Law J. 67, m. S. C. nom. R. v. Lord Mayor of London, 5 Q. B. 555. And it has since been decided that this section extends only to cases where the defendant has been committed or holden to bail to take his trial. Ex parte Humphreys, 15 Law Times, 142; 14 Shaw's J. P. 286, 340.

The stat. 6 & 7 W. 4, c. 114, s. 3, also makes provision for the judge at the assizes, or the person presiding at the court where the prisoner is to be tried, allowing 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. But that provision is not affected by the present Act.

It is objected (S.), that "a most remarkable and unfortunate oversight has been committed by the framer of this clause ;" and the learned objector then proceeds to point out, not an oversight or mistake in this clause, for that is not pretended, but that in the repeal clause, sect. 34, the statute 6 & 7 Will. 4, c. 114, s. 3, is repealed, and as that extends as well to depositions before coroners as to depositions before magistrates, a party committed under a coroner's warrant for murder or manslaughter is now deprived of his right to demand copies of the depositions. It would be as well, perhaps, if the gentleman had read with attention the part of the 34th section to which he alludes, and the 3rd section of stat. 6 & 7 Will. 4, c. 114, before he made the objection. This latter statute is intituled "An Act for enabling persons indicted of felony to make their defence by counsel," and the first two sections relate to the employment of counsel by defendants; the 3rd section enacts, that "all persons who after the passing of the Act shall be held to bail or committed to prison for any offence" should be entitled to "copies of the examination of the witnesses respectively upon whose depositions they have been so held to bail or committed to prison." Now, in the first place, it is exceedingly doubtful whether that Act at all extends to coroners' inquests; the coroner cannot bail, and the party against whom the inquisition is found is not committed on the depositions, but upon the inquisition. Besides, the 34th section only repeals so much of the stat. 6 & 7 Will. 4, c. 114, as relates to the right of parties charged with offences to have copies of the depositions or examinations against them," which evidently relates only to depositions before magistrates; for there is no charge made against any person before a coroner's inquest, but the jury find their inquisition according to the evidence, without any previous information or charge against any person whatever.

66

I have now noticed the whole of this gentleman's objections

Forms in schedule.

to the first of these Acts; and I think I have satisfactorily proved to my readers, that there is not the slightest ground for any one of them.

XXVIII. And be it enacted, that the several forms in the schedule to this Act contained, or forms to the same or the like effect, shall be deemed good, valid, and sufficient in law.

Metropolitan police magistrates and stipendiary magistrates may act alone.

NOTE.

This merely legalizes the forms here given, but does not prevent justices from adopting any other forms they may think proper. In prudence, however, it may be advisable to adopt the forms which are thus legalized.

XXIX. And be it enacted, that any one of the magistrates appointed or hereafter to be appointed to act at any of the police courts of the metropolis, and sitting at a police court within the metropolitan police district, and every stipendiary magistrate appointed or to be appointed for any other city, town, liberty, borough or place, and sitting at a police court or other place appointed in that behalf, shall have full power to do alone whatsoever is authorized by this Act to be done by any one or more justice or justices of the peace; and that the several forms in the schedule to this Act contained may be varied, so far as it may be necessary to render them applicable to the police courts aforesaid, or to the court or other place of sitting of such stipendiary magistrate; and that nothing in this Act contained shall alter or affect in any manner whatsoever any of the powers, provisions, or enactments contained in an Act passed in the tenth year of the reign of 10 G. 4, c. 44. his late Majesty king George the Fourth, intituled " An Act for improving the police in and near the metropolis,"

c. 47.

or in an Act passed in the third year of the reign of her 2 & 3 Vict. present Majesty, intituled "An Act for further improving the police in and near the metropolis," or in an Act passed in the same year of the reign of her present Ma2 & 3 Vict. jesty, intituled "An Act for regulating the police courts in the metropolis," or in an Act passed in the fourth year of the reign of her present Majesty, intituled "An Act

c. 71.

3 & 4 Vict. c. 84.

for better defining the powers of justices within the metropolitan police district."

mayor, or

don, may

XXX. And be it enacted, that it shall be lawful for The lord the lord mayor of the city of London, or for any alder- any alderman of the said city, for the time being, sitting at the man of LonMansion House or Guildhall justice rooms in the said act alone. city, to do alone any act, at either of the said justice rooms, which by any law now in force, or by any law not containing an express enactment to the contrary hereafter to be made, is or shall be directed to be done by more than one justice; and that nothing in this Act Nothing to contained shall alter or affect in any manner whatsoever any of the powers, provisions, or enactments contained contained in in an Act passed in the third year of the reign of her c. 94. present Majesty, intituled "An Act for regulating the police in the city of London."

affect

powers, &c.

2 & 3 Vict.

trate of Bow

XXXI. And be it enacted, that the chief magistrate of Chief magisthe metropolitan police court at Bow Street for the time Street may being shall be a justice of the peace of and for the county for Berks be a justice of Berks, if his name be inserted in the commission of the without qualification. peace for that county, without possessing the qualification by estate required by law in that behalf, and without taking any oath of qualification.

extended to

XXXII. And be it enacted, that the town of Berwick- Act not to be upon-Tweed shall be deemed to be within England for all Scotland, the purposes of this Act; but nothing in this Act shall be Ireland, &c. deemed or taken to extend to Scotland or Ireland, or to the Isles of Man, Jersey, or Guernsey, save and except the several provisions respectively hereinbefore contained respecting the backing of warrants; and also nothing in this Act shall be deemed to alter or affect the jurisdiction or practice of her Majesty's court of Queen's Bench.

Act.

XXXIII. And be it enacted, that this Act shall com- Commencemence and take effect on the second day of October, in the ment of the year of our Lord one thousand eight hundred and fortyeight.

Repeal of
Acts and

viz.

XXXIV. And be it enacted, that the following statutes parts of Acts; and parts of statutes shall, from and after the day on which this Act shall commence and take effect, be and the same are hereby repealed; (that is to say), a certain Act of parliament made and passed in the thirteenth year of the reign of his late Majesty king George the Third, 13 G. 3, c. 31. intituled "An Act for the more effectual execution of criminal laws in the two parts of the united kingdom ;" and a certain other Act made and passed in the twenty-eighth year of the reign of his said late Majesty king George the 28 G. 3, c. 49. Third, intituled "An Act to enable justices of the peace to act as such in certain cases out of the limits of the counties in which they actually are;" and so much of a certain other Act made and passed in the forty-fourth year of the reign of his said Majesty king George the Third, 44 G. 3, c. 92, intituled "An Act to render more easy the apprehending

ss. 3, 4.

and bringing to trial offenders escaping from one part of the united kingdom to the other, and also from one county to another," as relates to the apprehension of offenders escaping from Ireland into England, or from England into Ireland, and to the backing of warrants against such offenders; and so much of a certain other Act made and passed in the forty-fifth year of the reign of his said Ma45 G. 3, c. 92, jesty king George the Third, intituled "An Act to amend

ss. 5, 6.

54 G. 3, c. 186.

1 & 2 G. 4, c. 63.

two Acts of the thirteenth and forty-fourth years of his present Majesty, for the more effectual execution of the criminal laws, and more easy apprehending and bringing to trial offenders escaping from one part of the united kingdom to the other, and from one county to another,” as relates to the bailing of offenders escaping from Ireland into England, or from England into Ireland; and also a certain other Act made and passed in the fifty-fourth year of the reign of his said late Majesty king George the Third, intituled "An Act for the more easy apprehending and trying of offenders escaping from one part of the united kingdom to the other;" and also a certain other Act made and passed in the first year of the reign of his late Majesty king George the Fourth, intituled "An Act to amend an Act made in the twenty-eighth year of the

in part.

reign of king George the Third, intituled 'An Act to enable justices of the peace to act as such in certain cases out of the limits of the counties in which they actually are;"" and so much of a certain other Act made and passed in the third year of the reign of his said late Majesty king George the Fourth, intituled "An Act for the more speedy 3 G. 4, c. 46, return and levying of fines, penalties, and forfeitures, and §. 4. recognizances estreated," as relates to the form of recognizances, and to the notice to be given to persons acknowledging the same; and so much of a certain other Act made and passed in the said seventh year of the reign of his said late Majesty king George the Fourth, intituled “An 7 G. 4, c. 38, Act to enable commissioners for trying offences upon the sea, and justices of the peace, to take examinations touching such offences, and to commit to safe custody persons charged therewith," as relates to the taking of such examinations, and the commitment of persons so charged by justices of the peace; and so much of a certain other Act made and passed in the said seventh year of the reign of his said late Majesty king George the Fourth, intituled "An 7 G. 4, c. 64, Act for improving the administration of criminal justice §. 1, 2, 3. in England," as relates to the taking of bail in cases of felony, and to the taking of the examinations and informations against persons charged with felonies and misdemeanors, and binding persons by recognizance to prosecute or give evidence; and so much of a certain Act made and passed in the sixth year of the reign of his late Majesty

king William the Fourth, intituled "An Act for prevent- 5 & 6 W. 4, ing the vexatious removal of indictments into the court of c. 33, s. 3, King's Bench, and for extending the provisions of an Act of the fifth year of king William and queen Mary, for preventing delays at the quarter sessions of the peace, to other indictments, and for extending the provisions of an act of the seventh year of king George the Fourth, as to taking bail in cases of felony," as relates to the taking of bail in cases of felony; and so much of a certain other Act made and passed in the seventh year of the reign of his 6 & 7 W. 4, said late Majesty king William the Fourth, intituled “An c. 114, s. 3. Act for enabling persons indicted for felony to make their c. 115.

6 & 7 W. 4,

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