Public Prosecutors and Amendment of Criminal Law. PUBLIC PROSECUTORS 333 prosecution of such accused persons will conduce to the ends of public justice, or whether such person should be discharged, or if on bail released from the necessity of appearing again in answer to the charge, or remanded for further examination, and shall from time to time, upon any case or question submitted to him for that purpose by the district agent hereinafter-mentioned, advise whether a prosecution shall or shall not be instituted for any alleged offence, and advise upon the evidence to be adduced on the trial or examination of any accused person, and on any other fact, circumstance, or emergency arising before the trial of any indictable offences whatsoever. 5. The several public prosecutors for any district, the whole or any part of which is within the jurisdiction of the Central Criminal Court, shall attend the trial, and assist in conducting the prosecution on the part of the Crown for offences tried at the Central Crimi nal Court, and in like manner the several pub lic prosecutors shall attend at and conduct the prosecution of all offences to be tried at the assize towns for all places within their respec tive districts. Deputy Public Prosecutors. 1. It shall be lawful for her Majesty, with the advice of her Privy Council, to divide the whole of England and Wales and the several counties thereof into such and so many districts as to her Majesty, with the advice aforesaid, may seem necessary for the purpose of this Act, and to alter such districts, if it shall so seem fit to her Majesty from time to time. Appointment and Duties of Public Prosecutors. 2. The Lord Chancellor shall appoint for each of such districts one or more fit persons, each of them being a barrister-at-law of not less than ten years' standing, to conduct, as herein-after mentioned, therein all criminal prosecutions throughout England and Wales. 6. Whenever at any assize town, by reason 3. Every such barrister so appointed shall of the holding of two or more Courts for the be styled "the public prosecutor" for his re- trial of prisoners at the same time, or from the spective district, and shall be paid out of the serious nature of the offences to be tried, or by Consolidated Fund of the United Kingdom of reason of the number of witnesses to be exGreat Britain and Ireland a fixed annual sum, amined, or of the temporary illness of the disto be fixed by the Commissioners of her Ma-trict public prosecutor, or for any other cause,' jesty's Treasury, not in any case exceeding it is desirable to provide additional assistance, 1,500l., including travelling expenses ; such public prosecutor shall not be removable, application of the district agent, and obtaining except by reason of misconduct or unfitness to the certificate of the Judge presiding in the discharge his functions; and if it shall Crown Court that such additional assistance after examination and inquiry, to the Lord appears to him to be desirable, to nominate as Chancellor and the Lord Chief Justice of the many deputy public prosecutors as the Judge Queen's Bench, that any such public proseshall certify to be required. cutor has been guilty of such misconduct, or is unfit to discharge the duties of his office, the Lord Chancellor and the Lord Chief Justice of the Queen's Bench shall and may remove such public prosecutor from his office; and such public prosecutor shall not during the time he holds such office hold any other place or office of profit whatsoever under the Crown or other wise. and appear, it shall be lawful for the clerk of assize, on the a 7. Such deputy public prosecutor shall be barrister of not less than three years' standing, and shall be paid a sum, to be fixed by the clerk of assize or his deputy, not exceeding ten guineas for any whole day he may be so employed, and less in proportion for any part of a day, and such deputy public prosecutor shall not be appointed for any longer period than one whole day on one particular case; provided that nothing shall prevent his re-ap pointment from day to day so long as his ser vices may be necessary. 4. Such public prosecutor, on the receipt of the statement of the evidence and copies of the depositions taken before the magistrates and justices of the peace acting in the counties, Assistant Prosecutors at Quarter Sessions. cities, boroughs, and places in his district, 8. In order to provide for the conduct of upon the examination of any person charged prosecutions in Courts of Quarter Sessions in with felony or misdemeanor, and transmitted counties and boroughs, be it enacted, that her for that purpose to such public prosecutor hy Majesty, with the advice aforesaid, may ap the district agents hereinafter-mentioned, shall point barristers of not less than five years' peruse and consider the same, and within as standing, five for Middlesex and Westminster, short time as he conveniently can after the re- and one for every other county or sessional ceipt of the above-mentioned communication division of a county in England, and one for shall signify his opinion in writing whether two counties in Wales, and one for every such such evidence is sufficient or not to justify the borough or other district as her Majesty, with committal for trial of any person or persons the advice aforesaid, shall order, who shall be named or mentioned therein, and whether the called the assistant public prosecutors," and 334 Public Prosecutors and Amendment of Criminal Law. who shall conduct the prosecution of all per- 11. It shall be lawful for the Lord Chief sons tried for felonies and misdemeanors at Justice of England to appoint for any county, the said Courts and all adjournments thereof, division, riding, or any borough, or such other and at all Superior Courts having jurisdiction district as may be thought fit, to be deter over such offences; and not otherwise provided mined by her Majesty, with the advice aforefor; and such assistant public prosecutor shall said, one or more persons, each of whom shall be paid out of the said Consolidated Fund a be an attorney-at-law of not less than seven fixed annual sum, to be fixed by the Commis- years' standing, or barrister2 of not less than sioners of her Majesty's Treasury, in no case five, to act as district agent for the purpose of whatever exceeding 300l., including travelling superintending the conduct and management expenses; and such assistant public prose- of prosecutions by the last-mentioned attorneys cutor shall not be removable, except by rea- at petty sessions, and, where it may be neces son of misbehaviour or neglect, or inability to sary, in serious and important cases, of disperform the duties of his office, in any of covering, collecting, and preparing the eviwhich cases, if the misconduct or unfitness be dence, and performing the duties of an attor proved to the satisfaction of the Lord Chan-ney for the prosecution, in all cases arising cellor, he shall and may remove him; and no such assistant public prosecutor shall be a revising barrister, nor one of her Majesty's counsel, nor shall he hold any other place or office whatsoever under the Crown within the county, borough, or district for which he is so appointed. 9. Where the Judge presiding in the Criminal Court at the Summer Assizes for any county shall certify that he is informed and believes that the conduct of prosecutions at the Quarter Sessions for such county, or for any district or borough within the same, requires additional assistance, the clerk of assize shall furnish the district agent hereinafter mentioned with the names of four barristers attending at such Sessions, who shall be chosen in rotation as deputy assistant public prosecutors at the sessions of the peace for the year ensuing, one at each such quarter sessions and any adjournment thereof, and who shall be paid a sum not exceeding five guineas for any day so employed. District Agents to act as Attorneys.' 10. It shall be lawful for the majority of justices at each petty sessions to appoint an attorney-at-law of not less than three years' standing to act either separately, or in cases of importance in concert with the district agent hereinafter mentioned, for the purpose of discovering, collecting, and preparing the evidence, and to perform the duties of an attorney for the prosecution in all cases arising within the jurisdiction of such petty sessions; and such person shall be removable at the pleasure of the majority of the said justices, and shall be paid by a fixed salary not exceeding pounds per annum, to be fixed by her Majesty's Principal Secretary of State for the Home Department, and shall not under any pretence receive any fee whatever for any prosecution in which he shall be so concerned as aforesaid, and if he does receive any fee in such case shall be guilty of a misdemeanor. These clauses appointing attorneys to act as district agents on prosecutions will, of course receive the attention of our readers. The effect will be of serious importance to a large number of practitioners.-ED. L. O within his district, and who shall be removable from his office at the pleasure of the Crown, shall receive no fees, and who shall be paid out of the said Consolidated Fund a yearly salary not exceeding pounds. 12. The duties of such district agent shall be to apply for warrants; to attend at and conduct the examination of witnesses at police courts and before justices of the peace, when occasion shall require; to investigate the evidence relating to any crime committed within his district; to transmit copies of all depo sitions of witnesses and statements of prisoners, and all other material information, to the public prosecutor for the district; to communicate with and receive instructions from the public prosecutor; to prepare_briefs, and attend at the trial, and perform all the other duties of an attorney for the prosecution. 13. For the more efficient discharge of the duties of district agent, it shall be lawful for one of her Majesty's Principal Secretaries of State from time to time to issue rules and directions for the guidance of the district agents, which rules shall be binding upon them, and all justices of the peace, stipendiary magistrates, clerks to justices, and peace officers, and all other persons mentioned therein. and all constables, so soon as they shall have 14. It shall be the duty of all policemen reasonable cause to believe that any felony or misdemeanor (such misdemeanor not being one of those hereinafter excepted) has been committed, to give immediate information thereof to the district agent, or the attorney appointed by the justices at petty sessions. before whom any accused person is brought 15. The justices of the peace or magistrate may, if he think fit, give notice to the district agent to attend the examination; and it shall be the duty of such agent on such occasions to attend and examine the witnesses, and argue any questions of law or fact that may arise during the investigation. Justices may remand the accused. 16. Justices of the peace and police magistrates, before the discharge or final committal for trial of any person, may, on their own dis 'How can a barrister act as an attorney in these prosecutions? New Order of the Court of Chancery.-Law of Attorneys and Solicitors. 335 terminate on such days as the Lord Chancellor cretion, in any case, or at the request of the the General Orders of the High Court of district agent, adjourn the examination of such Chancery of the 8th May, 1845, it is provided accused person for such a period as will enable that the Easter Vacation is to commence and the opinion of the public prosecutor to be taken, in the same manner as is now practised with reference to offences relating to the current coin of the realm; provided that nothing herein contained shall deprive any such justice or police magistrate of any discretionary power he now has of discharging or committing for trial any accused person, notwithstanding the opinion or certificate of the public prosecutor to the contrary; but, in the case of any such committal for trial contrary to the advice of the public prosecutor, the district agent shall not be required to perform any duty in respect thereof, and no costs shall be allowed on the trial in respect thereof, unless the judge or chairman of quarter sessions or recorder shall certify that in his opinion such prosecution was properly instituted. LAW OF ATTORNEYS AND TAXATION OF MORTGAGEES' SOLICITOR'S NOTICE was given on June 23, by the Power of Grand Juries continued, and Prose- mortgagees, to pay off a mortgage, and the cutions as heretofore. mortgagor having arranged for a transfer 17. Provided, That nothing hereinbefore of the security, the 9th of July was fixed contained shall extend to prevent any person, for the completion. The mortgagees' soat his or their own costs and charges, from licitor delivered his bill on the same day, preferring a bill of indictment before the grand and objections being made to some of the jury, in any cases in which by law he or they items, he refused to complete unless his may now do so; provided also, that this Act bill were paid, and it was accordingly paid. shall not extend to prosecutions by order of In re Wilkinson, 2 Coll. 92, and In re her Majesty's Attorney-General, nor to any Finch, 16 Beav. 585, were cited. prosecutions or indictments for common assaults, for libels, for nuisances, or for stopping up or non-repair of roads, or for defamation, or to indictments removed by certiorari. On a petition for a taxation, the Master of the Rolls said, that under the circumstances, a taxation could not be resisted. In re Phillpotts, 18 Beav. 84. TAXATION OF MORTGAGEES' SOLICITORS Attendance of Witnesses for the Accused. 18. That it shall be lawful for any accused person, after he shall be committed or held to bail for trial, to apply to the public prosecutor, either directly or through the district agents, stating that he was desirous THE solicitors for mortgagees, on Nov. of compelling certain witnesses, whose names 7, 1853, sent in their bill of costs relating and addresses shall be specified, other than to the transfer, amounting to 457.; but alwitnesses merely to the character of such pri- though the bill was objected to, its full soner, to appear and give evidence at the trial amount was paid on November 16, upon on his behalf; and thereupon the public pro- the business being completed and the folsecutor shall certify that such application has "We been made to him, and on the production of lowing undertaking being given:such certificate to the proper officer in that hereby undertake to refund so much of the behalf subpoenas shall be issued to the accused 457. this day paid to us by Mr. Eagle, on party, free of expense; and if at the trial the account of the mortgagees' law charges, as Court or Judge shall certify that any person so may be found to be in excess of what they subpoenaed as aforesaid was in the opinion of are entitled to receive from Mr. Eagle." the Court or Judge a material witness, the costs of such witness, not being a witness to the character of the prisoner only, shall be allowed, in the same manner as of witnesses attending on behalf of the prosecution. On the petition of Mr. Eagle, presented in January, 1854, for a taxation, specifying overcharges, the Master of the Rolls said: "After having read the evidence and considered the cases cited yesterday,1 and the case of Inre Whitcombe, 8 Beav. 140, I am of NEW ORDER OF THE COURT OF opinion, that I must act upon the undertak CHANCERY. EASTER VACATION. Monday Feb. 26, 1855. WHEREAS by the 1st Article of, the 8th of ing of the 16th Nov. 1853. I think it is an undertaking to return so much of the costs In re Rhodes, 8 Beav. 224; In re Thompson, 8 Beav. 237; In re Eyre, 10 Beav. 569. 336 Law of Attorneys.-Law of Costs.-Return of the Accountant-Gen. in Chancery. as had been paid in excess. The words are: life on February 1, 1853, the Vice-Chancellor We undertake to refund so much of the Wood held, that the company was not liable to 451., &c., as may be found to be in excess the costs of his executors on the petition of the of what they are entitled to receive from parties entitled in remainder for a transfer of Mr. Eagle,' -they, meaning clearly the the fund, but that they must be paid by them, mortgagees. As the parties have not been and that the company was only liable to pay the able to agree on the selection of a proper costs of the petitioners. In re Longworth's person, I am of opinion, that the Taxing Master must ascertain what has been paid Estate, 1 Kay & Johnson, 1. in excess. I propose to refer it to the Taxing Master to tax the bill, and to ascertain what is due from the petitioner to the mortgagees, in the words of the undertaking. I am of opinion that I must give effect to this undertaking, which is clear and unambiguous; and in saying that, I shall not in any degree affect the cases referred to yesterday. The only question here is, how to ascertain that which had been paid in excess. It is clear that this must be done, either by a person selected by the parties themselves, or by the officer of the Court." In re Fisher, 18 Beav. 183. OF OFICIAL MANAGER ON MOVING TO DIS CHARGE WINDING-UP ORDER. An application was made by motion, with notice, to discharge a winding-up order, 15. months after notice of such order, and when considerable costs had been incurred in the winding up: Held, that the Court could not discharge the order unless the applicant would consent to pay the costs which had been in curred by the official manager; notwithstanding he applied directly after he was placed on the list of contributories, and the application was supported by evidence of facts which, if disclosed on the hearing of the petition, would have prevented the order. The motion was therefore refused with costs, where he decliued to pay such costs. In re Metropolitan FOR TRANSFER OF PURCHASE-MONEY OF Carriage Company, exparte Clarke, 1 Kay & LAW OF COSTS. ON PETITION BY PARTIES IN REMAINDER The amount of Suitors' Cash in Court on 1st Oct., 1853, was £ S. d. 3,239,226 18 5 2,252,464 07 Amount of Stock purchased, account of Moneys placed out for the benefit and better security of the Suitors of the High Court of Chancery, to 1st October, 1853 :— Bank Three Pounds per Cent. Annuities Reduced Annuities Three Pounds Five Shillings per Cent. Annuities. £. 8. d 1,256,285 8 9 1,238,525 14. 11 96,117 14 10 Amount of Cash invested in Stock placed to the Account of Securities purchased with Surplus Interest arising from Securities carried to Account of Moneys placed out for the benefit and better security of Suitors of the High Court of Chancery, to the 1st October, 1853: In Bank Three Pounds per Cent. Annuities £ s. d. 492,345 19 7 539,707 7 9 £1,032,053 74 337 Return of the Accountant-General of the Court of Chancery.-Cursitor-Baron. Amount of Stock standing to the said Account of Securities purchased with Surplus Interest, &c. to 1st October, 1853: £ s. d. 570,700 16 1 720,004 3 5 24 6 0 Amount of Cash laid out in the Purchase of Stock placed to Account of Moneys placed out to provide for the Officers of the High Court of Chancery, viz: Stock on the said Account on 25th November, 1853:- The Total Amount of Stock standing on the 1st of May, 1854, to the The Amount of Annual Dividends accruing thereon, is The Number of such Causes, Matters, and Accounts, is 566 £ s. d. 141,848 7 45,837 19 836 201,028 2 3 256,176 28 13,200 3 3 17,745 8 4 113,312 17 10 44,340,348 0 8 £ s. d. Amount of Payments into Court for the year ending 1st October, 1853 7,395,161 19 8 Amount of payments out of Court for the year ending 1st October, 1853 6,719,911 0 7 Amount of Stock transferred into Court for the year ending 1st October, 1853 Amount of Stock transferred out of Court for the year ending 1st Oc tober, 1853 4,619,316 16 2 4,412,236 13 11 18,046 Total number of Accounts, 1st October, 1853 Barons: George Snigg made an attempt to master this duty; for we find his name attached to the current accounts of the year of his appointment.' This audit no doubt was sufficient to prove that the duty could not be satisfactorily performed by men whose habits and previous education led them in a very different direction. The exercise also of this laborious but necessary employment must have been so onerous an interference with their judicial functions, that it is most probable the legal Barons represented their own incompetency, and suggested the appointment of some person to aid them, in addition to their number, who was conversant with the duties and competent to perform them. [Concluded from page 121, ante.] "While, therefore, it is apparent that the office of Cursitor-Baron was not eo nomine an ancient office, the probability afforded by the eircumstances above detailed that it had its origin in the reign of James I. is greatly strengthened by considering the state of the Court at that time. John Sotherton (the elder) on his retirement in 1604 was the last of the regular Barons according to the ancien régime and the only one who was practically acquainted with the mode of accounting and Accordingly, in the following year, Nowell other formal business of the Exchequer. Sotherton, who no doubt was bred up in the George Snigg succeeded him; but, being bred Exchequer, and was the relative probably of a' lawyer, like the Barons he found on the John Sotherton, the last Baron, was appointed; Bench, could not, any more than they, have and, as in no list of the Barons, which the re the requisite knowledge of the technical mat-porters give as forming the Judicial Bench of ters of account, indispensable for the due in- the Exchequer, do we find his name, the navestigation of the sheriffs' returns, and other 66 minute matters which up to that time had been 1 “ 2 & 3 Jac. I. in the Record Office, Carlcustomarily performed by one of the regular ton Gardens. |