p. 256, "Formulist.”

(33) Forms.] For forms of statement of offences, of neglecting to keep books, not allowing inspection of books, &c., pursuant to justice's warrant, not advertising before cutting up cable, and justice's warrant to inspect books of dealer, vide Nos. 6-9," Formulist," p. 257.

BB

16. Carrying off, or impeding saving of Wreck, Id. s. 45.
&c.] Any person wrongfully carrying away
or removing any part of any ship, &c.,
wrecked, &c., or any goods, &c., belonging
thereto, or (if not authorized) entering, or
endeavouring to enter, on board of any
ship, &c., without consent, or molesting or
impeding any person employed in, or en-
deavouring to impede or hinder, the saving
of any such ship, &c. (Note 34).

(34) No Information necessary.] By this section (45) a justice may proceed without any information for offences under it, where the party is detained and taken before him; but

there is no express authority in the statute authorizing such detention.

Id.

[PART II.

PART II.

AS TO INDICTABLE OFFENCES.

CHAPTER I.

THE LAW AND PRACTICE OF PROCEDURE IN GENERAL.

Preliminary observations.

THE law and practice of procedure before justices of the peace out of quarter sessions, with respect to indictable offences antecedent to and on the preliminary examination and committal of accused persons for trial, are regulated wholly by Sir John Jervis's Act (11 & 12 Vict. c. 42, which came into operation on the 2nd of October, 1848, like the other statute, c. 43), and a few provisions in the acts of parliament giving cognizance of the offences (a).

The preamble of the statute 11 & 12 Vict. c. 42, which has effected great alteration and improvements upon the old practice, recites, that "it would conduce much to the improvement "of the administration of criminal justice within England and "Wales, if the several statutes and parts of statutes relating to "the duties of her Majesty's justices of the peace therein, with respect to persons charged with indictable offences, were 66 consolidated, with such additions and alterations as may be "deemed necessary, and that such duties should be clearly de

(a) By s. 34 the following acts and parts of acts are repealed from and after the 2nd of October, 1848, viz. whole acts-13 Geo. 3, c. 31; 28 Geo. 3, c. 49; 54 Geo. 3, c. 186; 1 & 2 Geo. 4, c. 63; and parts of the following,-44 Geo. 3, c. 92, ss. 3, 4; and 45 Geo. 3, c. 92, ss. 5, 6, as relate to the apprehension, backing warrants, and bailing offenders escaping from Ireland into England or from England into Ireland; 3 Geo. 4, c. 46, s. 4, as relate to the form of recognizances, and to the notice to be given to persons acknowledging the same; 7 Geo. 4, c. 38, as relate to taking examinations and commitment of persons charged with offences upon the sea; 7 Geo. 4, c. 64, ss. 1, 2, 3, and 5 & 6 Will. 4, c. 33, s. 3, as relate to bail in cases of felony, and taking examinations in felonies and misdemeanors, and binding persons to prosecute, &c.; 6 & 7 Will. 4, c. 114, s. 3, as relate to the right of the accused to copies of depositions, and all other act or acts, or parts of acts which are inconsistent with the provisions of this act; save and except so much of the said several acts as repeal any other act or parts of acts, and also except as to proceedings now pending to which the same or any of them are applicable.

"fined by positive enactment;" and the statute applies, without What 11 & 12 exception, to "all cases where a charge or complaint shall be Vict. c. 42, "made before any one or more of her Majesty's justices of the

66

peace for any county, riding, division, liberty, city, borough or place within England or Wales, that any person has com"mitted, or is suspected to have committed, any treason, felony 66 or indictable misdemeanor, or other indictable offence what"soever" (s. 1).

applies to.

The practice of procedure may be conveniently arranged Divisions of the under the following heads, the several forms or outlines in the practice. schedule to the 11 & 12 Vict. c. 42, being incorporated under

the respective sections and divisions of the subject to which

they are to be applied, with explanatory notes.

Sect. 1. As to preferring the Charge, p. 373.

2. The Process to issue against Offenders, p. 379.
3. Of remanding or bailing Accused before or during
Examination, p. 386.

4. Of compelling Witnesses' Attendance, &c. p. 389.
5. The preliminary Examination, p. 392.

6. Of binding over Prosecutor and Witnesses, &c.
p. 406.

7. Of bailing Accused after Examination, p. 410.
8. Of Costs attending the Prosecution, &c. p. 415.

SECT. 1. AS TO PREFERRING THE CHARGE.

The only instances of the time of prosecution for an indictable Time. offence being limited are by the act relating to the training to the use of arms (60 Geo. 3 & 1 Geo. 4, c. 1, s. 7), the Night Poaching Act (9 Geo. 4, c. 69, s. 4), the Riot Act (1 Geo. 1, st. 2, c. 5, s. 8), and the Smuggling Act (8 & 9 Vict. c. 87, s. 134); by the first act the prosecution must be commenced within six calendar months; by the second and third within twelve calendar months, and by the last within three years (b): in other cases the charge may be preferred at any time after the commission of the offence; but any delay in doing so must be accounted for.

By s. 16 of the 14 & 15 Vict. c. 100, three larcenies from the same person within six months may be included in the

(b) The laying the information, or apprehending the accused, would be commencing the prosecution (see R. v. Brooks et al., 1 Den. C. C. 217; S. C. 2 C. & K. 402; 2 Cox, C. C. 436).