Assizes. Page 73. The judges of the Courts of King's Bench and Common Pleas, are judges of assize for the county of Middlesex. R. v. Js. of Middlesex, 3 B. & Ad. 100. Page 76. § 11.-The justices of gaol delivery have no jurisdiction with respect to prisoners under sentence. R. v. Palmer, 6 C. & P. 122. O. B. S. By 3 & 4 W. 4. c. 71. s. 2. The king in council is empowered to direct at what places, in any county in England and Wales, assizes shall be held-to order them to be held at more than one place in the county on the same circuit, and to order special commissions of oyer and terminer, and gaol delivery, to be held at more than one place in a county. By section 3. The king in council may divide any county for the purposes of that act, and may make rules and regulations respecting the venue, attendance of jurors, the use of any house of correction or prison, as a common gaol, alteration of commissions, writs, &c. &c. and all such rules and regulations shall have the force of an act of Parliament. By section 4. The king in council may order the Court of Common Pleas at Lancaster, to be held at one or more places in the county, and may make regulations respecting venue, attendance of jurors, &c. &c. Attempts and Endeavours. Page 85. An attempt to commit a misdemeanor is a misdemeanor. R. v. Robert Harris, 6 C. & P. 129. Tindal, C. J. "An attempt to commit a misdemeanor created by statute, is a misdemeanor itself. I recollect where a man had gone to an engraver to get him to engrave a plate to forge foreign bills of exchange. At that time it was only a misdemeanor to engrave such plates. I drew the indictment against him for soliciting the engraver to engrave the plate, and the prisoner was tried and convicted." Per Patteson, J. in R. v. Butler, 6 C. & P. 368. In indictments for attempts to commit offences, the offences at- Indictment. tempted to be committed must be correctly described, as in an indictment for committing the offence itself. Thus in an indictment for an attempt to assault and have carnal knowlege of a girl between the ages of ten and twelve years (an offence against 9 G. 4. c. 31. s. 17.) it was held, that the indictment was bad, for not alleging that the girl was between the ages of ten and twelve years. Id. Insufficiency of indictment. Identity of the offence in fact. Plea must not contradict the record. Final judg ment. Only proved by the record. Autrefois acquit. Page 91. § 14.-See R. v. Turner & Reader, R. & M. C. C. 239, where the judges holding that an indictment was bad, for not containing the word "unlawfully," the prisoners were tried upon another indictment at the succeeding assizes, convicted and executed. And see R. v. Woolford & Lewis, Mo. & Rob. 384. S. P. Page 94. § 14.-Thomas Welsh was indicted for larceny at the Southwark borough sessions. It turned out that the larceny was, in fact, committed in London (within tweny yards of the boundary between L. and S.) and he was acquitted by direction of the judge. The prisoner being afterwards indicted for the same offence in London, he pleaded autrefois acquit in Surrey. The judges, however, held the plea bad, and that 7 G. 4. c. 64. s. 12. does not apply to trials in limited jurisdictions, but in counties only. R. v. T. Welsh, R. & M. C. C. 175. Page 96. § 27.-An indictment charged, that the defendant on such a day in the second year of the reign of the present king kept a gaming house. Plea, that on such a day in the fourth year of the reign of the present king the defendant was arraigned upon an indictment, which charged that the defendant on the 18th January, in the fifty-seventh year of the reign of the late king, and on divers other days and times between that day and the day of taking the inquisition, kept a gaming-house, to the nuisance of the subjects of our said lord the king. The plea then averred the identity of the offence described in the two indictments, and the acquittal of the defendant. Upon demurrer to this plea, concluding with a prayer of judgment of respondeas ouster, it was held, that the plea was bad; because the indictment upon which the acquittal was alleged to have taken place, on the face of it, charged an offence committed in the reign of the late king; and it was not competent to the defendant to shew by averment, that it was for the same offence as that charged in the indictment before the court; for that would be in effect to contradict the record. It was also held, that the crown was entitled to final judgment, notwithstanding the form in which the demurrer concluded. R. v. Taylor, 3 B. § C. 502. Autrefois convict. The Court will not reject the plea of autrefois convict, handed in by a prisoner, on account of informality; but will assign counsel to put it in a formal shape. R. v. Chamberlain, O. B. S. 6 C. & P. 93. The plea must be on parchment, and signed by counsel. Id. See also R. v. Bowman, O. B. S. 6 C. & P. 337. The plea of autrefois convict can only be proved by the record. The indictment, with the finding of the jury, &c. indorsed upon it, But the Court will postpone the trial to give time for an appli- Postponement cation to the Court of King's Bench, for a mandamus to compel the of trial. making up of the record. Id. A prisoner pleaded this plea, to which the counsel for the crown replied nul tiel record. In proof of the plea, the record of a former conviction at the Clerkenwell Sessions was produced. But it did not appear by the record, that the Court had been regularly continued, by adjournments, to the day upon which the conviction took place; and it was held that the proceedings were coram non judice, and a nullity; and that therefore the plea was not proved. R. v. Bowman, O. B. S. 6 C. & P. 337. See ante, Adjournment, in Supplement, p. 1487. Former convic tion void as coram non judice. Upon an objection taken to an indictment for larceny after Insufficiency of verdict, that the word "of" was not inserted between the descrip- indictment. tion of the property stolen and the name of the prosecutor, Alderson, B. said, that in consequence of the omission, the indictment did not describe any offence known to the law; but that the justice of the country was not to be trifled with, by allowing offenders to escape on account of such trifling mistakes; that no judgment had been passed, and the verdict could not be pleaded to another indictment; and the Learned Baron directed another indictment to be preferred, which, having been found, the prisoner was tried and convicted. R. v. Joseph Lambert, Northumberland Spring Assizes, 1835. MS. Bail. admit parties to bail in all cases of felony. By 5 & 6 W. 4. c. 33. s. 3. reciting 7 Geo. 4. c. 64, it is enacted, Justices may "That it shall be lawful for any two justices of the if they peace, shall think fit, of whom one or other shall have signed the warrant of commitment, to admit any person or persons charged with felony, or against whom any warrant of commitment for felony is signed, to bail, in the manner and according to the provisions directed by the said recited act, in such sum or sums of money, and with such surety or sureties as they shall think fit, and notwithstanding such person or persons shall have confessed the matter laid to his or their charge, or notwithstanding such justices shall not think that such charge is groundless, or shall think that the circumstances are such as to raise a presumption of guilt." By 10 G. 4. c. 44. for improving the police in and near the metro- Police constapolis, it is enacted by section 9, that where any person charged bail in the bles may take with a petty misdemeanor shall be brought, without the warrant night in case of a magistrate, into the custody of any constable appointed under of misdemeathat act, during his attendance in the night-time at any watch- nor. house within the metropolitan police district; the constable may take bail by recognizance, without any fee or reward from such person, conditioned to appear the next morning before a justice of the peace at some place specified in the recognizance. And see further, Watch-house, p. 1368. And 5 & 6 W. 4. c. 76. s. 79. contains a similar enactment with respect to constables of boroughs. See tit. Constable, post. Notice of bail Page 110. § 9.-Upon an indictment for a misdemeanor, found in the Central in the Central Criminal Court, against a defendant (not in custody), Criminal Court. forty-eight hours notice of bail must be given, unless the warrant is granted on a Friday, and there is reason to think that the object is to keep the party in custody over Sunday. R. v. Carlile, C. C. C. 6 C. & P. 628. Prisoner need not plead before being admitted to bail to traverse. Court of Bankruptcy. Court of Review. Commissioners. Sub-division Fiats. Official assignees. Indictment for not surrendering will not lie IV. Page 112. If a prisoner be admitted to bail at the assizes, to appear and take his trial at the next assizes, he need not plead to the indictment before he is admitted to bail; but in such case he must enter into recognizance to appear, plead, and take his trial. The prosecutor and witnesses must enter into recognizances before the prisoner is bailed. R. v. Jos. Lee, for an assault, with intent to commit a felony; York Assizes, March, 1834. Alderson, J., MS. Semble, the usual amounts for which the recognizances are taken in such a case are, the prosecutor, 407.; witnesses, each, 207.; the prisoner, 1007.; two sureties, each, 501. Id. Bankrupt. Page 120. By 1 & 2 W. 4. c. 56. and by letters patent, made in pursuance of that act, a Court of law and equity called "the Court of Bankruptcy, has been established. The Court consists of one chief and three other judges, before whom are held "a Court of Review," which has superintendence in all matters of bankruptcy, subject to an appeal to the Lord Chancellor. Six commissioners have also been appointed who, singly, perform the duties of a set of commissioners under the old law, except in certain cases, in which matters must be adjourned or referred to Sub-division Courts to be held before three commissioners :-And parties aggrieved by the decision of Sub-division Courts may appeal to the Court of Review. Fiats are now issued in the place of commissions, and are directed to the Court of Bankruptcy or to commissioners in the country. Official assignees have been appointed, and, under the act, one of them must, in every case, be an assignee, together with the assignee or assignees appointed by the creditors. Various useful provisions are also made respectiug appeals, proofs of debts, appointment of assignees, vesting of the bankrupt's estate in the assignees, taking evidence vivá vóce, &c., &c. This act has been amended by 2 and 3 W. 4. c. 114.; by 3 and 4 W. 4. c. 47., and by 5 and 6 W. 4. c. 29. Page 121. § 5.-Where a bankrupt was indicted for not surrendering to his commission, under the 6 G. 4. c. 16. s. 112., and it appeared, that he was in prison for debt at the time when he should have sur rendered, though there was some suspicion that his detainer wa was against bankcollusive; it was held by Littledale J., that the indictment did not rupt in prison, lie; and that he was not bound (under the 113th section of the above act) to apply to the Lord Chancellor to have the time for his surrender enlarged, nor to apply to the commissioners (under the 119th section) to be brought up to surrender, although he had the privilege of doing so, if he had chosen to avail himself of it; and that he was, moreover, not obliged to give notice of his imprisonment to the commissioners, as they had themselves the power to issue their warrant to bring him before them, and might by diligent search have discovered where he was. R. v. Mitchell, 4 C. & P. 251. Page 122. § 10.-An indictment ought not merely to allege the Allegations in issuing of the commission of bankrupt and the adjudication, but also an indictment. that there had been a trading, a petitioning creditors' debt, and that he became a bankrupt, and that even since the 6 G. 4. c. 16. s. 112. R. v. E. O. Jones and others, for a conspiracy to conceal and em bezzle part of the bankrupt's personal estate; 4 B. & Ad. 345. Page 123. § 17.-The balance sheet of a bankrupt given in on oath Evidence. by him under his commission is not admissible evidence against him to prove the petitioning creditor's debt. R. v. Daniel Britton, M. & Rob. 297. Patteson, J. and Alderson, J. Bastard. Page 132. A prisoner (charged with murdering her infant bastard child) was Evidence. proved to have said, previous to her delivery, that she had never told any one of her situation but the father of the child,-that he lived a long way in the country,-that his name was T. H., and that he had lately got married. This was held sufficient prima facie evidence to prove that the child was a bastard as alleged in the indictment. R. v. Ann Poulton, O. B. S. 5 C. & P. 329. Littledale, J. Page 134. § 5.-Preparing child's clothes and sending for a surgeon Concealment. is evidence to negative a charge of concealment. R. v. Sarah Higley, 4 C. & P. 366. Park, J. By 4 & 5 W. 4. c. 76. s. 69. All Acts relating to the liability and Repeal of acts. punishment of putative fathers, and punishment of mothers of bastard children are repealed. By section 71. The mother of every illegitimate child shall main- Mother to tain it until it attain the age of sixteen years. By section 72. Overseers may apply to the court of quarter sessions for an order upon the putative father of a bastard child to reimburse them for its support. The court is to hear evidence, and if satisfied that the person charged is the father, to make an order accordingly. But no order is to be made unless the mother's evidence shall be corroborated in some material particular; the order not to be for more than the expense incurred; and only to continue in force until the child attain the age of seven years; and no money paid by the father shall be paid to the mother nor applied to her support. Sections 73, 74, 75, and 76. make provision for the mode of appli с maintain till father to reim- until child seven years old. |