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Expenses of the prosecution and rewards may be ordered to be paid; s. 13. Her Majesty in Council may make rules to effect the purposes of this Act; s. 14.

permitted, the defendants would have to pay | fendant at large, and witnesses may be larger costs in the Superior Courts. Such, compelled to attend the trial; s. 12. however, would not be the case in actions above 10.; and if it were so, we think some regard should be had for the convenience and interests of the creditor, instead of the continuance of these modern provisions which are designed to favour the negligent, extravagant, or dishonest debtor.

NEW STATUTES EFFECTING ALTE-
RATIONS IN THE LAW.

TRIAL OF OFFENCES.-19 VICT. C. 16. Power to Court of Queen's Bench to order indictments removed into that Court, either before or after passing of this Act to be tried at the Central Criminal Court; s. 1. When any such order has been made, the indictment shall be transmitted to the Central Criminal Court; s. 2.

The Court of Queen's Bench may order any person charged with any offence committed out of the jurisdiction of the Central Criminal Court to be tried at that Court, and thereupon a certiorari shall issue to remove the indictment into the Central Criminal Court; s. 3.

any

When such order has been made, the depositions, &c., shall be returned to the

Central Criminal Court; s. 4.

When any such order has been made, the

prisoner shall be removed to Newgate; s. 5. A defendant need not appear in person or plead in the Queen's Bench; s. 6.

A defendant shall be arraigned, plead, and be tried in the Central Criminal Court, as if

the offence was committed within the juris

diction of that Court; s. 7.

When a certiorari is delivered to any Court to remove any indictment, such Court shall bind the prosecutor and witnesses to appear on the trial; s. 8.

certiorari, order, or other proceeding for No objection to be taken to any writ of removing any indictment, &c.; s. 15.

When the indictment has been transmitted the Central Criminal Court shall have the same authority as if the offence had been committed within its jurisdiction; s. 16.

It shall not be necessary to prove that any indictment has been properly removed or transmitted; s. 17.

Verdicts and judgments to be valid; s. 18.

Any person convicted may be sentenced to be punished either in the county where the offence was committed or within the jurisdiction of the Central Criminal Court;

s. 19.

Newgate under this Act may be taken to Any prisoner removed or committed to and from the Central Criminal Court as often as necessary; s. 20.

detained under this Act shall be deemed to Every prisoner whilst being removed or be in lawful custody; s. 21.

Any defendant on bail may be bailed again or committed to Newgate; s. 22.

Prosecutor and witnesses may be bound by recognizance to appear again at the Central Criminal Court; s. 23.

The Court of Queen's Bench may impose defendant applying to be tried at the Cenany terms which seem reasonable on any

tral Criminal Court; s. 24.

Where the Crown obtains a trial at the Central Criminal Court, the expense of witnesses shall be advanced to the defendant; Where a certiorari is delivered to any s. 25. Court to remove any indictment, such Court may

bail or commit any defendant who has appeared there under any recognizance;

s. 9.

All recognizances to be obligatory on persons entering into them to prosecute, &c., at the Central Criminal Court, if notice be given of the change of Court. Court of Queen's Bench may require party applying for a trial at the Central Criminal Court to give notice to all parties bound by recognizance; s. 10.

Where a certiorari is delivered to any Court the Court shall not discharge any defendant then in prison; s. 11.

Process may be issued against any de

Power to Court to order expenses of any person acquitted to be paid; s. 26.

offence was committed shall pay the exThe Treasurer of the county where the penses of the prisoner's maintenance, &c., in Newgate; s. 27.

An account of the expenses of any prisoner shall be delivered to the treasurer of ted; s. 28. the county where the offence was commit

Act not to affect any peer or peeress;

s. 29.

The following are the Title and Sections of the Act :

An Act to empower the Court of Queen's

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New Statutes effecting Alterations in the Law.

Bench to order certain Offenders to be tried | at the Central Criminal Court.

[11th April, 1856.]

Whereas it would contribute to the better administration of criminal justice in England and Wales if persons charged with indictable offences committed out of the jurisdiction of the Central Criminal Court were rendered liable to be tried in certain cases at the said Central Criminal Court: Be it therefore enacted as follows:

4. Whenever any such order as is mentioned in any preceding section of this Act shall have been made, the justice before whom any person charged with any offence by such indictment shall have been examined, the coroner before whom such inquisition shall have been taken, the clerk of assize, clerk of the peace, or any other person having the custody or possession thereof, shall forthwith, upon the delivery to him of an office copy of such order, transmit any recognizances, depositions, examinations, or informations relating to the offence charged in such indictment or inquisition which shall be in his custody or possession to the proper officer of the said Central Criminal Court, to be by him kept among the records of the said Central Criminal Court.

5. Whenever any such order as is mentioned in any preceding section of this Act shall have been made, and any indictment or inquisition shall have been transmitted or removed to the

1. Whenever any indictment or inquisition for any felony or misdemeanor committed or supposed to have been committed at any place out of the jurisdiction of the said Central Criminal Court shall have been removed by writ of certiorari into her Majesty's Court of Queen's Bench, either before or after the passing of this Act, and it shall appear to such Court in Term time, or to any Judge thereof in Vacation, that it is expedient to the ends of said Central Criminal Court under the projustice that such indictment or inquisition should be tried at the said Central Criminal Court, it shall be lawful for such Court of Queen's Bench in Term time, or for such Judge thereof in Vacation, to order that such indictment or inquisition shall be tried at the said Central Criminal Court.

2. Whenever any such order shall have been made, the Queen's coroner and attorney, or other officer having the custody of the records of the said Court of Queen's Bench shall forthwith upon notice of such order transmit such indictment or inquisition so removed by certiorari as in the preceding section mentioned, together with any depositions, examinations, or informations relating to any offence charged therein which shall be in his custody to the proper officer of the said Central Criminal Court, to be by him kept among the records of the said Central Criminal Court.

visions of this Act, the gaoler or keeper of any gaol or house of correction in which any person charged with any offence by such indictment or inquisition shall be confined shall forthwith upon the delivery to him of an office copy of such order, without writ of habeas corpus or other writ for that purpose, cause such person, with his commitment and detainer, to be safely removed to her Majesty's gaol of Newgate in the city of London; and thereupon the keeper of the said gaol of Newgate shall receive such person into his custody in the said gaol of Newgate, there to remain until he shall be delivered by due course of Law.

6. Whenever any application shall be made to the said Court of Queen's Bench or to any Judge thereof, either before or after any indictment or inquisition shall have been found or taken, for an order that any person charged with any offence by such indictment or inquisition, or committed or held to bail for any offence, shall be tried at the said Central Cri

it shall not be necessary for such person to be brought or appear in person before the said Court of Queen's Bench or the said Judge thereof, either upon the making or the determination of such application, and it shall not be necessary for such person to plead any plea to such indictment or inquisition in the said Court of Queen's Bench in any case where such indictment of inquisition shall be ordered to be tried at the said Central Criminal Court under the provisions of this Act.

3. Whenever any person shall have been committed or held to bail for any felony or misdemeanor committed or supposed to have been committed at any place out of the juris-minal Court, under the provisions of this Act, diction of the said Central Criminal Court, and it shall appear to the said Court of Queen's Bench in Term time, or to any Judge thereof in Vacation, that it is expedient to the ends of justice that such person should be tried for such offence at the said Central Criminal Court, it shall be lawful for such Court of Queen's Bench in Term time, or for such Judge thereof in Vacation, to order that such person shall be tried for such offence at the said Central Criminal Court, and thereupon a writ of certiorari shall be issued to the justices of oyer and terminer or of gaol delivery, or of the peace, before whom any indictment or inquisition charging such person with such offence shall then be pending, or before whom any such indictment shall thereafter be found, or to the coroner before whom any such inquisition shall have been or shall thereafter be taken, commanding them or him to certify and return such indictment or inquisition into the said Central Criminal Court,

7. Whenever any indictment or inquisition shall have been transmitted or removed to the said Central Criminal Court, under the provisions of this Act, any person charged with any offence by such indictment or inquisition, shall be arraigned and shall plead to such indictment or inquisition, and shall be tried in the said Central Criminal Court, in the same manner in all respects as if such offence had been actually committed within the jurisdiction of the said Central Criminal Court, and as if

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such indictinent or inquisition had been origi- | tral Criminal Court: Provided also, that where nally presented at or returned to the said Cen- it shall appear to any Court to which any writ tral Criminal Court. of certiorari shall be delivered, for the purpose of removing any indictment or inquisition from such Court, that any person so bound by recognizance has been personally served with any such notice as in this section is mentioned, it shall not be necessary for such Court to require such person to enter into a fresh recognizance, unless it shall appear to such Court that it is expedient to the ends of justice that such person should enter into such recognizance.

8. Whenever any writ of certiorari shall be delivered to any Court for the purpose of removing any indictment or inquisition from such Court, such Court shall require any person who shall be attending such Court under any recognizance or subpoena to prosecute, or to prosecute and give evidence, or to give evidence, upon the trial of such indictment or inquisition, to enter into a recognizance in such sum of money as to such Court shall seem fit, to prosecute, or to prosecute and give evidence, or to give evidence, as the case may be, upon the trial of such indictment or inquisition, whenever and wherever the same shall be tried. 9. Whenever any writ of certiorari shall be delivered to any Court for the purpose of removing any indictment or inquisition from such Court, it shall be lawful for such Court either to require any person who shall be attending such Court under any recognizance to take his trial upon such indictment or inquisition to enter into such recognizance, with so many sureties, and in such sum or sums of money, and with such condition for his appearance and taking his trial upon such indictment or inquisition, whenever and wherever the same shall be tried, as to such Court shall seem fit, or to commit such person to the common gaol or house of correction for the county or place for which such Court shall be holden, there to remain until he shall be removed under the provisions of this Act or otherwise delivered by due course of law.

11. Whenever any writ of certiorari shall be delivered to any Court for the purpose of removing any indictment or inquisition from such Court, and any person charged with any offence by such indictment or inquisition shall then be in prison, such person shall not be discharged by such Court out of prison, but shall remain therein until he shall be removed under the provisions of this Act or otherwise discharged by due course of law.

12. Whenever any indictment or inquisition shall have been transmitted or removed to the said Central Criminal Court, under the provisions of this Act, it shall be lawful for the said Central Criminal Court to issue process for apprehending any person charged by such indictinent or inquisition with any offence, and to conpel the attendance of witnesses, as well on the part of the prosecution as on the part of the defence, on the trial of such indictment or inquisition, in like manner as in cases of indictments found at the said Central Criminal Court for offences committed within the jurisdiction of the said Central Criminal Court; and every such process shall and may be lawfully executed at any place within England and Wales.

10. Every recognizance which shall have been or shall be entered into for the prosecution of any person, and every recognizance, as well of any witness to give evidence as of any person to answer for any offence, shall, in case 13. Whenever any indictment or inquisition any such order shall be made for the trial of shall have been transmitted or removed to the such offence at the said Central Criminal Court, said Central Criminal Court, under the probe obligatory on each of the parties bound by visions of this Act, it shall be lawful for the such recognizance to prosecute and give evi- said Central Criminal Court to order such exdence, and to do all other things therein men-penses of the prosecutor and witnesses, and tioned with reference to the said trial at the such other expenses, and such of the several said Central Criminal Court, in like manner as rewards payable in pursuance of any Statute if such recognizance had been originally en- made or to be made, as to such Central Crimitered into for prosecuting such offence, appear-nal Court shall seem reasonable and sufficient, ing, or giving evidence, or doing such other to be paid by and to the same persons and in things before the said Central Criminal Court: Provided, that notice in writing shall have been given, either personally or by leaving the same at the place of residence as of which the parties bound by such recognizance are therein described, to appear before the said Central Criminal Court upon the trial of the said offence: Provided also, that it shall be lawful for the said Court of Queen's Bench in Term time, or for any Judge thereof in Vacation, to cause the party applying for such order, whether he be the prosecutor or party charged with such offence, to enter into a recognizance in such sum, and with or without sureties, as such Court or Judge may direct, conditioned to give such notice to the parties bound by such recognizances to appear before the said Cen

the saine manner as if such Central Criminal Court were holden under commissions of oyer and terminer and gaol delivery for the county or place in which such indictment shall have been found or such inquisition shall have been taken.

14. It shall be lawful for her Majesty, by and with the advice of her most Honourable Privy Council, from time to time to make rules and regulations touching the said gaol of Newgate, or any other gaol or prison, and the government and keeping thereof, for the purposes of this Act, and touching the alteration of any commissions, writs, precepts, or other proceedings whatsoever for carrying into effect the purposes of this Act; and all such rules and regulations shall be of the like force and effect

478

New Statutes effecting Alterations in the Law.

as if the same had been made by authority of Parliament, and shall be notified in the London Gazette, or in such other manner as her Majesty by and with the advice of her most Honourable Privy Council shall think fit to direct. 15. It shall not be lawful for any person, by himself or by his counsel, to take any objection, either in the said Central Criminal Court or in any Court of Error, to any writ of certiorari, or to any order of the said Court of Queen's Bench or of any Judge thereof, or to any other proceeding under or by virtue of which any indictment or inquisition shall have been removed into the said Court of Queen's Bench, or transmitted or removed, under the provisions of this Act, to the said Central Criminal Court, or to any caption of any Court before which such indictment shall have been found, or to any matter or thing set out or appearing on the face of the record, save and except only to such indictment or inquisition alone.

in such indictment or inquisition had been actually committed within the jurisdiction of the said Central Criminal Court.

19. When any person shall have been convicted of any offence at the said Central Criminal Court upon the trial of any indictment or inquisition transmitted or removed thereto under the provisions of this Act, it shall be lawful for the justices or Judges of the said Central Criminal Court before whom any such conviction shall have taken place, or for any two or more of them, or, in case sentence shall not then be passed, for the justices and Judges of the said Central Criminal Court, or for any two or more of them, at any subsequent Sessions of the said Central Criminal Court, to order and adjudge such convict to be punished according to law at any place, either within the jurisdiction of the said Central Criminal Court or within the county or place where such offence shall have been committed or supposed to have 16. Whenever any indictment or inquisition been committed; and in cases where such jusshall have been transmitted or removed to the tices and Judges, or any two or more of them, said Central Criminal Court, under the pro- shall order such convict to be punished in such visions of this Act, the justices and Judges of county or place, it shall be lawful for such the said Central Criminal Court for the time justices and Judges, or any two or more of being, or any two or more of them, shall pos- them, after passing sentence upon such consess the same power, jurisdiction, and autho- vict, to make an order commanding the keeper rity as to all matters and things whatsoever as of the gaol of Newgate to cause such convict if the offence charged in the said indictment or to be delivered into the custody of the gaoler inquisition had actually been committed within or keeper of the gaol or house of correction in the jurisdiction of the said Central Criminal such county or place, together with such order, Court; and every such offence may be dealt and commanding such gaoler or keeper to rewith, tried, and determined by and before such ceive such convict into his custody in such justices and Judges of the said Central Crimi- gaol or bouse of correction, and him there safely nal Court, or any two or more of them, in the to keep until such sentence shall have been same manner in all respects as if the same had executed upon such convict according to law, actually been committed within the jurisdiction or until he shall be otherwise delivered by due of the said Central Criminal Court, and as if course of law, and also to make an order comsuch indictment or inquisition had been origi-manding the sheriff of such county or place to nally presented at or returned to the said Central Criminal Court.

17. It shall not be necessary for any purpose whatsoever to prove that any indictment or inquisition for any offence committed or supposed to have been committed out of the jurisdiction of the said Central Criminal Court has been duly removed into the said Court of Queen's Bench, or duly transmitted or removed into the said Central Criminal Court under the provisions of this Act, but every such indictment and inquisition shall be presumed to have been duly removed and transmitted or duly removed under the provisions of this Act, upon production of the same in the said Central Criminal Court by the proper officer having the custody of the records of the said Central Criminal Court; and no evidence or proof to the contrary shall be admitted.

18. Every verdict and judgment which shall be given upon any indictment or inquisition transmitted or removed to the said Central Criminal Court, under the provisions of this Act, shall be of the same force and effect in all respects as if such indictment had been duly found, and such inquisition had been duly taken, within the jurisdiction of the said Central Criminal Court, and as if the offence charged

execute such sentence upon such convict within such county or place according to law in the same manner as if he had been tried and received such sentence in such county or place; and every such sheriff, gaoler, and keeper respectively is hereby commanded to perform and execute according to law each and every thing which he shall be commanded to perform and execute by any such order; and the several forms in the Schedule to this Act contained, or forms to the like effect, shall be deemed good, valid, and sufficient in law; and in the case of any order directed to any sheriff, and commanding him to execute any sentence, it shall be sufficient to deliver such order either to such sheriff or to his under-sheriff.

20. Whenever auy person shall have been removed into the custody of the said keeper of the said gaol of Newgate, under the provisions of this Act, or shall have been committed to the custody of such keeper by the said Central Criminal Court, such person shall, without writ of habeas corpus or other writ for that purpose, be removed into and from the said Central Criminal Court, when and as often as it may be necessary, by the keeper of the said gaol of Newgate, with his commitment and detainer, in order that he may be tried, sentenced

New Statutes effecting Alterations in the Law.