former conviction for the same offence. Ex parte Baker, 26 Note to L. J. (N.S.) M. C. 155; 21 J. P. 486.

ment for

Sect. 25. With regard to the commitment of prisoners in certain counties of cities and towns corporate to be tried at assizes Commitheld for adjoining county, it is enacted by 14 & 15 Vict. trial. c. 55, s. 19, as follows: "Whenever any justice or justices of the peace, or coroner, acting for any county of a city or county of a town corporate within which Her Majesty has not been pleased for five years next before the passing of this Act to direct a commission of oyer and terminer and gaol delivery to be executed, and until Her Majesty shall be pleased to direct a commission of oyer and terminer and gaol delivery to be executed within the same, shall commit for safe custody to the gaol or house of correction of such county of a city or town any person charged with any offence committed within the limits of such county of a city or town not triable at the court of quarter sessions of the said county of a city or county of a town, the commitment shall specify that such person is committed pursuant to this Act, and the recognizances to appear to prosecute and give evidence taken by such justice, justices, or coroner shall in all such cases be conditioned for appearance, prosecution, and giving evidence at the court of oyer and terminer and gaol delivery for the next adjoining county; and whenever any such person shall be so committed, the keeper of such gaol or house of correction shall deliver to the judges of assize for such next adjoining county a calendar of all prisoners in his custody so committed, in the same way that the sheriff of the county would be by law required to do if such prisoners had been committed to the common gaol of such adjoining county; and the justice, justices, or coroner by whom persons charged as aforesaid may be committed, shall deliver or cause to be delivered to the proper officer of the court the several examinations, informations, evidence, recognizances, and inquisitions relative to such persons at the time and in the manner that would be required in case such persons had been committed to the gaol of such adjoining county by a justice or justices, or coroner, having authority so to commit, and the same proceedings shall and may be had thereupon at the sessions of oyer and terminer or general gaol ment for delivery for such adjoining county as in the case of persons trial. charged with offences of the like nature committed within such county." And by section 24-" For the purposes of this Act the counties named in the second column of schedule (C.) to the Act of the session holden in the fifth and sixth years of King William the Fourth, chapter seventy-six, shall be considered next adjoining the counties of cities and towns corporate in the first column of the same schedule in conjunction with which they are respectively named. The following are the

Commit

Note to counties, &c., named in schedule (C.) to 5 & 6 Will. 4, c. 76 Sect. 25. (The Municipal Corporation Act).

By the 6th schedule of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), the same boroughs are to be considered adjoining the counties named for the purposes of

criminal trials.

With regard to the execution of warrants of commitment by county constables, see 3 & 4 Vict. c. 88, s. 33.

The following explanatory notice has been issued by one of the judges with regard to commitment for trial:

The object of the winter session of gaol delivery being to deliver the county gaol of prisoners in custody charged with offences over which the court of quarter sessions has no jurisdiction, it is desirable that prisoners triable at quarter sessions should not (unless from the circumstances of any particular case the committing magistrate deem it expedient) be committed for trial at the winter gaol delivery.

Much inconvenience having arisen by the omission from the warrants of commitment (either in the body or the margin) of the session at which it is intended the prisoner should be tried, it is expedient, to prevent future uncertainty and confusion, that the following suggestion should be generally adopted in the preparation of warrants of commitment.

Where the prisoner is to be committed to actual custody, if the offence be triable at quarter sessions, the warrant should definitely state that the detention is to be "until the next session of the peace," or, should the committing magistrate deem it expedient, "the next session of oyer and terminer and gaol delivery," adding in each case, or until delivered by due course of law." If the offence be "not triable at quarter sessions," the commitment should be "to the next session of oyer and terminer and gaol delivery," adding "or until delivered by due course of law." Bail cases.-If the prisoner be admitted to bail, the recognizances of the defendant, and also of the prosecutor and the witnesses for the prosecution, should be to appear at the assizes and general session of oyer and terminer and gaol delivery to be holden for the said county (not being a winter or special session of oyer and terminer and gaol delivery). See 37 L. T. 89.

With regard to offences not triable at sessions, see note to section 20, ante, p. 386.

The following Table shows the several counties which have Note to Separate Divisons for Quarter Sessions.

Sect. 25.

tions for

26. The constable or any of the constables or other Regulapersons to whom the said warrant of commitment conveying prisoners to shall be directed shall convey such accused person gaol. therein named or described to the gaol or other prison mentioned in such warrant, and there deliver him, together with such warrant, to the gaoler, keeper, or governor of such gaol or prison, who shall thereupon give such constable or other person so delivering such prisoner into his custody a receipt (T. 2) for such prisoner, setting forth the state and condition in which such prisoner was when he was delivered into the custody of such gaoler, keeper, or governor; and in all cases where such constable or As to payother person shall be entitled to his costs or ex- costs of conpenses for conveying such person to such prison as prisoners to aforesaid it shall be lawful for the justice or justices prison. who shall have committed the accused party, or for any justice of the peace in and for the said county, riding, division, or other place of exclu

ment of

veying

Sect. 26. sive jurisdiction wherein the offence is alleged in the said warrant to have been committed, to ascertain the sum which ought to be paid to such constable or other person for conveying such prisoner to such gaol or prison, and also the sum which should reasonably be allowed him for his expenses in returning, and thereupon such justice shall make an order (T. 2) upon the treasurer of such county, riding, division, liberty, or place of exclusive jurisdiction, or if such place of exclusive jurisdiction shall be contributory to the county rate of any county, riding, or division, then upon the treasurer of such county, riding, or division, respectively, or in the county of Middlesex, upon the overseers of the poor of the parish or place within which the offence is alleged to have been committed, for payment to such constable or other person of the sums so ascertained to be payable to him in that behalf; and the said treasurer or overseers, upon such order being produced to him or them respectively, shall pay the amount thereof to such constable or other person producing the same, or to any person who shall present the same to him or them for payment: Provided nevertheless, that if it shall appear to the justice or justices by whom any such warrant of commitment against such prisoner shall be granted as aforesaid that such prisoner hath money sufficient to pay the expenses, or some part thereof, of conveying him to such gaol or prison, it shall be lawful for such justice or justices, in his or their discretion, to order such money or a sufficient part thereof to be applied to such purpose.

Expenses of Under this section it has been held that the treasurer of conveying a county partly included within the metropolitan district, is

liable to pay out of the county rate, expenses which the Note to prisoner may have no means of defraying, of a metropolitan Sect. 26. police constable incurred in conveying a prisoner to the county gaol under a warrant directed to the police constable prisoners to and delivered for execution to the police constable under prison. 2 & 3 Vict. c. 47, s. 12; and also the like expenses incurred by a metropolitan police constable under warrants of committal made by metropolitan police magistrates sitting at police courts. Leverick v. Mercer, 22 L. J. R. (N.S.) 81 M. C ; 17 J. P. 196.

But the county treasurer is not liable to pay to a police constable the expenses of conveying to a police court from the county gaol a prisoner who had been previously committed for re-examination, when the warrant to bring the prisoner up again was made, not on the police constable, but upon the gaoler who had employed the police constable to re-convey the prisoner. Id.

The statutes 27 Geo. 2, c. 3, s. 1, and 11 & 12 Vict. c. 42, s. 26, do not impose upon the prison authorities as defined by section 5 of the Prison Act, 1865, the expenses of conveying prisoners summarily convicted, or committed for trial from the police office to the prison, and, therefore, these expenses are not included amongst those of the maintenance of a prisoner mentioned in section 57 of the Prisons Act, 1877. Mullins v. Treasurer of the County of Surrey, 42 L. J. (N.S.) 128; 44 J. P. 456; affirmed on appeal, 45 L. T. (N.S.) 625. As regards the proviso enabling the justices to order money which the prisoner may have in his possession to be applied for the purpose of defraying the expenses of conveying him to gaol or prison, see the more extensive powers in that respect given by 3 Jac. 1, c. 10, s. 1.

With reference to the provision in this section regarding the payment by overseers of the poor of the costs of conveying prisoners to prison, the following provision in the first section of 27 Geo. 2, c. 3, may be quoted: "When any person not having goods or money within the county where he is taken, sufficient to bear the charges of himself and of those who convey him, is committed to gaol or the house of correction by warrant from any justice or justices of the peace, then, on application by any constable or other officer who conveyed him, to any justice of the peace for the same county or place [there is clearly an omission here, but the roll of parliament is so], shall, upon oath, examine into and ascertain the reasonable expenses to be allowed to such constable or other officer, and shall forthwith, without fee or reward, by warrant under his hand and seal, order the treasurer of the county or place to pay the same, which the said treasurer is hereby required to do as soon as he receives such warrant, and any sum

T