Prison Act, 1877 (40 & 41 Vict. c. 21), which provides that after the commencement of the Act "all expenses incurred in respect of the maintenance of prisons to which this Act applies, and of the prisoners therein, shall be defrayed out of moneys provided by Parliament." A similar question arose with regard to expenses of conveying from the police court to the prison a man committed to take his trial for felony. It was held that the expenses of conveying prisoners to prison were by s. 4 transferred to the Secretary of State, and that the word "therein " in that section pointed to the class of prisoners to whose maintenance the Act was intended to apply, not to the period of time from which the liability for such maintenance was to commence.

The Home Secretary, by circular letter on April 6th, 1885, directed the attention of justices to this section, and requested that these expenses should be charged to the prisoner, except in any case in which they may consider that the charge should be for special reasons remitted. See Stone's Justices' Manual, 38th ed., p. 21.

27. Copies of depositions.] At any time after all the examinations aforesaid shall have been completed, and before the first day of the assizes or sessions or other first sitting of the court at which any person so committed to prison or admitted to bail as aforesaid is to be tried, such person may require and shall be entitled to have, of and from the officer or person having the custody of the same, copies of the depositions on which he shall have been committed or bailed, on payment of a reasonable sum for the same, not exceeding at the rate of three halfpence for each folio of ninety words.

A person who has been committed to prison for default of sureties to keep the peace, and who has been discharged at the sessions, is not afterwards entitled to demand a copy of the examination on which the commitment proceeded.

This section gives the right to such a copy only when the person is committed to prison for some offence for which he is to be tried, and with the view of enabling him to prepare for trial (Ex parte W. Humphreys, 14 J. P. 286; 19 L. J. M. C. 189; 4 New Sess. Cas. 179; 15 Jur. 608; COLERIDGE, J., saying, "A consideration of the whole Act, and of the language of this particular section, leads only to one interpretation, that it contemplates the case of a prisoner who has been committed for trial or admitted to bail preparatory to trial; and the section gives him in that case, and in that case only, the right to have a copy of the depositions"). See also (sub nom.) R. v. Herefordshire JJ., 1 L. M. & P. 323.

By the Trials for Felony Act, 1836 (6 & 7 Will. 4, c. 114), s. 4, prisoners are entitled to inspect the depositions on their trial; but the judge shall have power to postpone such trial in case the copies demanded by the accused have not been supplied to him.

Sect. 26.

NOTE.

Sect. 27.

NOTE.

In Ex parte Joshua Fletcher, 1 New Sess. Cas. 40; 1 D. & L. 996; 13 L. J. M. C. 67; 8 Jur. 269; same case (sub nom.) R. v. London (Lord Mayor of), 5 Q. B. 555 ; 8 J. P. 854 ; D. & M. 486, it was held under the third section of the above statute, now repealed, that persons committed to prison for re-examination on charges of felony are not entitled to demand copies of the depositions. The right to copies does not attach until the prisoner is held to bail, or committed to prison to await trial; and the defendant is not entitled to copies of the depositions if the charge has been dismissed. See per COLERIDGE, J., p. 70 of 13 L. J. M. C.

Poor Prisoners.-As to copies of depositions for poor prisoners, see the Poor Prisoners Defence Act, 1903 (3 Edw. 7, c. 38), post, in Appendix.

28. Forms in Schedule.] 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.

29. Metropolitan police magistrates and stipendiary magistrates may act alone.] 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 authorised by this Act to be done by any one or more justice or justices of the peace; and 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 nothing in this Act contained shall alter or affect in any manner whatsoever any of the powers, provisions, or enactments contained in the Metropolitan Police Act, 1829 (10 Geo. 4, c. 44), or in the Metropolitan Police Act, 1839 (2 & 3 Vict. c. 47), or in the Metropolitan Police Courts Act, 1839 (2 & 3 Vict. c. 71), or the Metropolitan Police Courts Act, 1840 (3 & 4 Vict. c. 84).

30. Lord Mayor, or alderman of London, may act alone.] It shall be lawful for the Lord Mayor of the City of London, or for any alderman of the said city, for the time

being, sitting at the Mansion House or Guildhall Justice Sect. 30. Rooms in the said 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 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 third year of the reign of her present Majesty, intituled "An Act for Regulating the Police in the City of London" (2 & 3 Vict. c. xciv.)

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

This is to enable the chief magistrate to sit in an occasional courthouse during Ascot races.

32. Extent of Act and saving.] The town of Berwickupon-Tweed shall be deemed to be within England for all the purposes of this Act, but nothing in this Act shall be deemed or taken to extend to Scotland or Ireland, or the Isles of Man, Jersey, or Guernsey, save and except the several provisions respectively herein before 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.

See note to s. 37 of 11 & 12 Vict. c. 43, ante, p. 122.

Sections 33, 34, 35, repealed by the Statute Law Revision Act, 1875 (38 & 39 Vict. c. 66).

Sched.

SCHEDULE.

(A.) SECT. 1.

Information and Complaint for an Indictable Offence.

taken this

day of

The information and complaint of C. D. of ‚[yeoman], to wit. in the year of our Lord 184 before the undersigned, [one] of her Majesty's justices of the peace in and who saith that [etc., stating the offence]. Sworn before [me], the day and year first above-mentioned, at

for the said [county] of

(B.) SECT. 1.

J. S.

Warrant to apprehend a person charged with an Indictable Offence.

To the constable of

[county] of Whereas A. B. of

at

[labourer], hath this day been charged upon oath before the undersigned, [one] of her Majesty's justices of the peace in and for the said county of for that he on did [etc., stating shortly the offence]: These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], or some other of her Majesty's justices of the peace in and for the said [county], to answer unto the said charge, and to be further dealt with according to law.

Given under my hand and seal, this our Lord

Summons to a person charged with an Indictable Offence.

To A. B. of

[labourer].

Whereas you have this day been charged before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of

[etc., stating shortly the offence]: These are therefore to command you, in her Majesty's name, to be and appear before me on o'clock in the forenoon, at

such other justice or justices of the peace for the same [county] as may answer the said charge, and to be further dealt with

last past A. B. of ,[labourer], was charged before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of for that [etc., as in the summons]: And whereas [1] then issued [my] summons to the said A. B., commanding him, in her Majesty's name, to be and appear before [me] on o'clock in the forenoon, at or before such other justice or justices of the peace for the same [county] as might then be there, to answer to the said charge, and to be further dealt with according to law: And whereas the said A. B. hath neglected to be or appear at the time and

place appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons was duly served upon the said A. B. These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before me, or some other of her Majesty's justices of the peace in and for the said [county], to answer to the said charge, and to be further dealt with

according to law.

Sched.

Given under my hand and seal, this day of our Lord at , in the [county] aforesaid.

in the year of

J. S. (L.S.)

(E.) SECT. 2.

Warrant to apprehend a Person charged with an Indictable Offence committed on the High Seas or Abroad.

For offences committed on the high seas the warrant may be the same as in ordinary cases, but describing the offence to have been committed "on the high seas, out of the body of any county of this realm, and within the jurisdiction of the Admiralty of England."

For offences committed abroad for which the parties may be indicted in this country the warrant also may be the same as in ordinary cases, but describing the offence to have been committed "on land out of the United Kingdom, to wit, at in the kingdom of in the East Indies," or Indies," or as the case may be.

66 at

or "at

in the island of

in the West

(F.) SECT. 3.

Certificate of Indictment being found.

at

I hereby certify, that at [a court of oyer and terminer and general gaol delivery, or a court of general quarter sessions of the peace], holden in and for the [county] of in the said [county], on a bill of indictment was found by the grand jury against A. B., therein described as A. B., late of [labourer], for that he [etc., stating shortly the offence], and that the said A. B. hath not appeared or pleaded to the said indictment.

Whereas it hath been duly certified by J. D., clerk of the indictments on the circuit [or clerk of the peace of and for the [county] of that [etc., stating the certificate]: These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], or some other justice or justices of the peace in and for the said [county], to be dealt with according to law. Given under my hand and seal, this our Lord

at

day of

in the [county] aforesaid.

in the year of

S. J. (L.S.)