Imatges de pàgina
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on suspicion of felony, and the evidence given in support of the charge shall, in their opinion, not be such as to raise a strong presumption of the guilt of the person charged, and to require his or her committal, or such evidence shall be adduced on behalf of the person charged as shall in their opinion weaken the presumption of his or her guilt, but there shall notwithstanding appear to them, in either of such cases, to be sufficient ground for judicial enquiry into his or her guilt, the

person charged shall be admitted to bail by such two justices, Justice not in the manner hereinafter mentioned : Provided always, that obliged to hear nothing herein contained shall be construed to require any evidence on be- such justice or justices to hear evidence on behalf of any half of person

person so charged as aforesaid, unless it shall appear to him charged.

or them to be meet and conducive to the ends of justice to hear the same.

II. And whereas it is expedient to amend and extend the provisions of two acts, the first passed in the first and second

years of the reign of King Philip and Queen Mary, intituled 1 & 2 P. & M. - An Act appointing an Order to Justices of Peace for the c. 13.

Bailment of Prisoners," and the second passed in the second 8.3 P. & M. and third years of the same reign, intituled “ An Act to take C, 10,

Examination of Prisoners suspected of Manslaughter or Fe

lony ;' be it therefore enacted, that the two justices of the Befo son charged

** peace, before they shall admit to bail, and the justice or

pe with felony. &c. justices, before he or they shall commit to prison, any person shall be bailed arrested for felony or on suspicion of felony, shall take the or committed, examination of such person, and the information upon oath of

stices shall those who shall know the facts and circumstances of the case, take down in writing the ex. ang shall put the same, or

and shall put the same, or as much thereof as shall be mateamination, &c. rial, into writing; and the two justices shall certify such and bind wit bailment in writing; and every such justice shall have authonesses to appear rity to bind by recognizance all such persons as know or at the trial.

declare any thing material touching any such felony or suspicion of felony, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great session or sessions of the peace, at which the trial thereof is intended to be, then and there to prosecute or give evidence against the party accused ; and such justices and justice respectively shall subscribe all such

examinations, informations, bailments, and recognizances, and &c. to be deli deliver or cause the same to be delivered to the proper officer vered to the of the court in which the trial is to be, before or at the opencourt.

ing of the court. Duty of justice

III. And be it further enacted, that every justice of the on charges of

peace before whom any person shall be taken on a charge of misdemeanor. misdemeanor, or suspicion thereof, shall take the examination

of the person charged, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing, before he shall commit to prison or require bail

Examina

19,

from the person so charged ; and in every case of bailment shall certify the bailment in writing ; and shall have authority Power to bind to bind all persons by recognizance to appear to prosecute or persons by regive evidence against the party accused, in like manner as in cognizance to cases of felony; and shall subscribe all examinations, inform- prosecute ations, bailments, and recognizances, deliver or cause to be

o t he Examinations,

&c. to be delidelivered to the proper officer of the court in which the trial de

vered to the is to be, before or at the opening the court, in like manner as court. in cases of felony.

IV. And be it further enacted, that every coroner, upon Duty of coroner any inquisition before him taken, whereby any person shall be (1 & 2 P. & M. indicted for manslaughter or murder, or as an accessary to c. 13, s. 3.) murder before the fact, shall put in writing the evidence given to the jury before him, or as much thereof as shall be material; and shall have authority to bind by recognizance all Power to hind such persons as know or declare any thing material touching parties to apthe said manslaughter or murder, or the said offence of being pear

evidence. accessary to murder, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions, at which the trial is to be, then and there to prosecute or give evidence against the party charged, and every such coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver the same to the To deliver evi. proper officer of the court in which the trial is to be, before or dence, &c. to at the opening of the court.

officer of court. V. And be it further enacted, that if any justice or coroner Penalty on jusshall offend in any thing contrary to the true intent and mean- tices and coroing of these provisions, the court to whose officer any such ners. (1 & 2 P: examination, information, evidence, bailment, recognizance, or & inquisition ought to have been delivered, shall, upon exainination and proof of the offence in a summary manner, set such fine upon every such justice or coroner as the court shall think meet.

VI. And be it further enacted, that all these provisions Provisions to relating to justices and coroners shall apply to the justices apply to all jusand coroners not only of counties at large, but also of all other tices and coron jurisdictions.

ners. (1 & 2 P.

& M.C.13, s. 6.) VII. And whereas divers statutes, taking away the benefit of clergy, or creating felonies without benefit of clergy, have omitted to take away the benefit of clergy under certain circumstances consequent upon the indictment of the offender : and whereas a partial remedy for such defects was supplied by an act passed in the third year of the reign of King William and Queen Mary, intituled “ An Act to take away Clergy 3 W. & M.c. 9, from some Offenders, and to bring other to punishment," s. 2. whereby it was enacted, that if any person should be indicted of any offence for which, by virtue of any former statute, such person was excluded from the benefit of clergy, if convicted by verdict or confession, such person should not be

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admitted to the benefit of clergy under any of the circumstances therein enumerated: and whereas it is expedient to extend the like remedy to all offences which now are or here.

after shall be excluded from the benefit of clergy; be it Felonies with therefore enacted, that if any person shall be indicted of any oot benefit of offence for which, by virtue of this o

offence for which, by virtue of this or of any other statute or clergy provided

des statutes made or to be made, the offender is or shall be exfor under all circumstances cluded from the benefit of clergy, such person shall be equally consequent on excluded from the benefit of clergy, whether he or she shall the indictment. be convicted by verdict or by confession, or sball upon ar

..raignment stand mute of malice, or will not answer directly 9,4. 2; 12 G. 3, c. 20.)

to the charge, or shall challenge peremptorily above the number of twenty persons returned to be of the jury, or shall be outlawed upon such indictment, although the statute or statutes taking away the benefit of clergy in any such case may not expressly provide that the offender shall be excluded from the benefit of clergy in case such offender shall confess, or stand mute, or not answer dircctly, or challenge peremptorily above the number of twenty persons returned to be of the jury, or be outlawed ; and every thing herein contained

shall extend as well to all accessaries as to principals. Felonies within VIII. And, with regard to clergyable felonies, be it enacted, benefit of clergy that if any person shall be indicted of any felony for which the provided for offender is or sball be entitled to the benefit of clergy, and under all cir

Con such person shall on arraignment confess the felony, or stand cumstances consequent on the mute of malice, or will not answer directly to the charge, or indictment. (12 shall challenge peremptorily above the number of twenty G. 3, c. 20.) persons returned to be of the jury, or shall be outlawed upon

such indictment, in every such case such person shall be deemed and taken to be convicted of the felony, and the court shall award such judgment as if such person had been convicted by verdict; and every thing herein contained shall

extend as well to all accessaries as to principals. Accessary be. IX. And, for the more effectual prosecution of accessaries fore the fact before the fact to felony, be it enacted, that if any person shall may be tried as such, or as a

* counsel, procure, or command any other person to commit substantive fe- any felony, whether the same be a felony at common law, or lon, by any' by virtue of any statute or statutes made or to be made, the court which has person so counselling, procuring, or commanding, shall be

O deemed guilty of felony, and may be indicted and convicted, try the principal felon, although

1 either as an accessary before the fact to the principal felony, the offence be together with the principal felon, or after the conviction of the committed on principal felon, or may be indicted and convicted of a substanthe seas ora tive felony, whether the principal felon shall or shall not have abroad. (43 G. ,

· been previously convicted, or shall or shall not be amenable to 3, c. 113, s. 5.)

justice, and may be punished in the same manner as an accessary before the fact to the same felony, if convicted as an accessary, may be punished ; and the offence of the person so counselling, procuring, or commanding, howsoever indicted, may be inquired of, tried, determined, and punished by any

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court which shall have jurisdiction to try the principal felon, in the same manner as if such offence had been committed at the same place as the principal felony, although such offence if the offences may have been committed either on the high seas or at any be committed in place on land, whether within his Majesty's dominions or different counwithout; and that in case the principal felony shall have been ties, accessary committed within the body of any county, and the offence of counselling, procuring, or commanding shall have been com- Ed. 6, c. 24, s. mitted within the body of any other county, the last-men- 4; 43 G. 3, c. tioned offence may be inquired of, tried, determined, and 113, s. 5.) punished in either of such counties: Provided always, that no person who shall be once duly tried for any such offence, whether as an accessary before the fact or as for a substantive felony, shall be liable to be again indicted or tried for the same offence.

X. And for the more effectual prosecution of accessaries Accessary"after after the fact to felony, be it enacted, that if any person shall the fact may be become an accessary after the fact of any felony, whether the tried by any same be a felony at common law, or by virtue of any statute cou

jurisdiction to or statutes made or to be made, the offence of such person cry may be inquired of, tried, determined, and punished by any felon. court which shall have jurisdiction to try the principal felon, in the same manner as if the act, by reason whereof such person shall have become an accessary, had been committed at the same place as the principal felony, although such act may have been committed either on the high seas or at any place on land, whether within his Majesty's dominions or without; and that in case the principal felony shall have been If the offences committed within the body of any county, and the act by be committed in reason whereof any person shall have become accessary, shall different counhave been committed within the body of any other county, te

may be tried in the offence of such accessary may be inquired of, tried, either. determined, and punished in either of such counties : Pro- Ed. 6, c. 34, vided always, that no person who shall be once duly tried for s. 4.) any offence of being an accessary, shall be liable to be again indicted or tried for the same offence.

XI. And, in order that all accessaries may be convicted Accessary may and punished in cases where the principal felon is not at- be prosecuted tainted, be it enacted, that if any principal offender shall be in after conviction anywise convicted of any felony, it shall be lawful to proceed

ed of the principal,

though the princ against any accessary, either before or after the fact, in the cipal be same manner as if such principal felon had been attainted tainted, &c. thereof, notwithstanding such principal felon shall die or be (1 Anne, st. 2, admitted to the benefit of clergy, or pardoned or otherwise c. ?, . 1.) delivered before attainder ; and every such accessary shall . suffer the same punishment, if he or she be in anywise convicted, as he or she should have suffered if the principal had been attainted.

XII. And, for the more effectual prosecution of offences Offences comcommitted near the boundaries of counties, or partly in one mitted on the

tried

either

boundaries of county and partly in another, be it enacted, that where any counties may be felony or misdemeanor shall be committed on the boundary or

boundaries of two or more counties, or within the distance of county: (59 6. five hundred yards of any such boundary or boundaries, or 3, c. 96, s. 2.)

shall be begun in one county and completed in another, every such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in any of the said counties, in the same manner as if it had been actually and wholly com

mitted therein. Offences com- XIII. And for the more effectual prosecution of offences mitted during a committed during journies from place to place, be it enacted, journey or vogó, that where any felony or misdemeanor shall be committed on age may be tried

any person or on or in respect of any property in or upon any in any county through which coach, waggon, cart, or other carriage whatever employed in the coach, &c. any journey, or shall be committed on any person or on or in passed. (59 G. respect of any property on board any vessel whatever em3, c. 27, &c.

ployed on any voyage or journey upon any navigable river, 96.)

canal, or inland navigation, such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in any county through any part whereof such coach, waggon, cart, carriage, or vessel shall have passed in the course of the journey or voyage during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county; and in all cases

where the side, centre, or other part of any highway, or the When side, &c., of highway con- side, bank, centre, or other part of any such river, canal, or stituie boun. navigation, shall constitute the boundary of any two counties, dary, offender such felony or misdemeanor may be dealt with, inquired of, may be tried in tried, determined, and punished in either of the said counties, citber county.

through or adjoining to or by the boundary of any part whereof such coach, waggon, cart, carriage, or vessel shall have passed, in the course of the journey or voyage during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in

such county. In indictments XIV. And in order to remove the difficulty of stating the for offences names of all the owners of property in the case of partners committed on and other joint owners, be it enacted, that in any indictment the property of or information for any felony or misdemeanor wherein it shall be laid in any

be requisite to state the ownership of any property whatsoever, one partner by whether real or personal, which shall belong to or be in the name, and possession of more than one person, whether such persons be others. (56 G. partners in trade, joint tenants, parceners or tenants in com3, c. 73; 1 G. 4, c. 102 ; 6 G.

mon, it shall be sufficient to name one of such persons, and to 4, c. 66.) state such property to belong to the person so named and

another or others, as the case may be ; and whenever, in any indictment or information for any felony or misdemeanor, it shall be necessary to mention, for any purpose whatsoever, any partners, joint tenants, parceners, or tenants in common, it sball be sufficient to describe them in the manner aforesaid,

partners, it may

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