Committals in boroughs. Examination as to offences upon poor persons, servants and apprentices. to be discharged as to the information then under inquiry (g); but if, in the opinion of such justice or justices, such evidence is sufficient to put the accused party upon his trial for an indictable offence, or if the evidence given raise a strong or probable presumption of the guilt of such accused party, then such justice or justices shall, by his or their warrant ((T1) post), commit (h) him to the common gaol or house of correction for the county, riding, division, liberty, city, borough or place to which by law he may now be committed, or, in the case of an indictable offence committed on the high seas, or on land beyond the seas, to the common gaol of the county, riding, division, liberty, city, borough or place within which such justice or justices shall have jurisdiction, to be there safely kept until he shall be thence delivered by due course of law, or admit him to bail as hereinbefore mentioned (i) (see Cox v. Coleridge, 1 B. & C. 50). By 13 & 14 Vict. c. 91, s. 1, the justices of cities or boroughs having a separate gaol may commit assize prisoners to such gaol, except for murder, who must be committed to the county gaol (s. 2), and after conviction may be confined in the borough gaol (s. 7; and see 14 & 15 Vict. c. 55, ss. 19-23). After the committal or bailing of the accused to take his trial, the recognizances of the prosecutor and witnesses are taken (vide post, p. 411); but any fresh evidence cannot be taken by a justice even in the prisoner's presence at the gaol or elsewhere, as the justice is functus officio, and the witness must be subpoenaed. Where a complaint shall be made of offences upon a servant or apprentice under 14 Vict. c. 11 (see title "Servants," post, Offences No. 225, 226), or of any bodily injury inflicted upon any poor person under the age of sixteen years, for which the party committing it is liable to be indicted, and the circumstances of which offence amount in point of law to a felony, or an attempt to commit a felony, or an assault to commit a felony, and two (g) A written discharge would be advisable, whether the party is brought up by the gaoler on remand or otherwise. (h) See post, p. 415," costs of prosecution, &c." as to the application of money in possession of the accused at the time of committal. (i) In sect. 23; see post, p. 411, as to " bailing accused after examination," and in what cases where committed a certificate of consent to bail must be given by the committing magistrate. A register of persons committed or held to bail for indictable offences should be kept at each petty sessions; vide form No. 40, p. 272 of Formulist." Vide also note (b), p. 406, as to where the accused can be tried. justices taking the examination shall certify that they deem it necessary that the prosecution should be conducted by the guardians, or if no guardians, by the overseers of the parish in which the offence was committed, such guardians or overseers shall, upon service of such certificate or a duplicate thereof, conduct the prosecution (14 Vict. c. 11, s. 6, and see s. 7). prisoner. At any time after all the examinations have been completed, Copies of deand before the first day of the assizes or sessions, or other first positions for sitting of the court at which any person committed to prison or admitted to bail 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 half-pence for each folio of ninety words (k) (11 & 12 Vict. c. 42, s. 27); but if the accused is discharged he is not entitled to them (see Ex parte Humphreys, 15 Law T. 142, Q. B.; 4 New Mag. Cas. 86; 19 Law J. (N. S.) M. C. 189). By sect. 3 of the 6 & 7 Will. 4, c. 114, (not repealed in this respect,) the judge or court may allow the prisoner to have copies of the depositions, where he has not applied for them before the first day of the assizes or sessions, and the trial may be put off on that account. FORMS. The examination of C. D. of [farmer], and E. F. of (M) Depo- to wit. S [labourer], taken on [path] this the year of our Lord at [&c. at in the [county] aforesaid, before nesses. And this deponent E. F., upon his oath, saith as follows [&c.] J. S. (k) The copies provided for the prosecution are usually charged at 6d. per folio of seventy-two words (being five times as much as this aliowance), should the Table of Fees in force in the district be inapplicable. (1) Vide the 3rd column of Chap. II. where the page of the "Formulist" containing a legal description of each offence will be found. D D (N) Statement of the accused. Vide Forms of Re-examination, Memorandum to be Written on Documents produced, Commitment for Trial on Remand, Nos. 34, 36, 38 a, pp. 269-271 of "Formulist." of A. B. stands charged before the undersigned, [one] of her Majesty's justices of the peace in and for the [county] aforesaid, this day in the year of our Lord for that he the said A. B. on at [&c. as in the caption of the depositions]; and the said charge being read to the said A. B., and the witnesses for the prosecution, C. D. and E. F., being severally examined in his presence, the said A. B. is now addressed by me as follows: "Having heard the evidence, do you wish to say anything in answer to the charge? you are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;" † whereupon the said A. B. saith as follows: [Here state whatever the prisoner may say, and in his very words, as nearly as possible. Get him to sign it if he will.] Taken before me at A. B. the day and year first above mentioned. J. S. + Vide observations, ante, p. 399, as to the additional caution to be added here. There should be a separate statement for each prisoner where more than one. (T1) Commit ment. Where the offence commit county. To the constable of and to the keeper of the [house of cor in the said [county] of Whereas A. B. was this day charged before me, J. S., one of her Given under my hand and seal, this of our Lord at " J. S. (L.S.) [The certificate of consent to bail to be indorsed on this is at p. 415, post.] Sect. 22 of 11 & 12 Vict. c. 42, introduces new modes of proted in another ceeding in cases where the offender is brought before justices charged with an offence committed in another jurisdiction: after reciting that it often happens that a person is charged before a justice of the peace with an offence alleged to have been committed in another county or place than that in which c. 42. be examined sufficient, com such person has been apprehended, or in which such justice has 11 & 12 Vict. jurisdiction, and that it is necessary to make provision as to the manner of taking the examination of the witnesses, and of committing the party accused, or admitting him to bail, in such a case, enacts, that whenever a person shall appear or shall be Accused may brought before a justice or justices of the peace in the county, where appreriding, division, liberty, city, borough or place wherein such hended. justice or justices shall have jurisdiction, charged with an offence alleged to have been committed by him in any county or place within England or Wales wherein such justice or justices shall not have jurisdiction, it shall be lawful for such justice or justices and he and they are hereby required to examine such witnesses, and receive such evidence in proof of such charge as shall be produced before him or them, within his or their jurisdiction; and if in his or their opinion such If evidence testimony and evidence shall be sufficient proof of the charge mittal to prison made against such accused party, such justice or justices shall where offence thereupon commit him to the common gaol or house of correction for the county, &c. where the offence is alleged to have been committed, or shall admit him to bail, as hereinafter mentioned (m), and shall bind over the prosecutor (if he have appeared before him or them) and the witnesses by recognizance accordingly, as is herein before mentioned (n); but if such testi- If insufficent, mony and evidence shall not in the opinion of such justice or justices be sufficient to put the accused party upon his trial for county, &c. the offence with which he is so charged, then such justice or justices shall (o) bind over such witnesses as he shall have examined, by recognizance, to give evidence, as hereinbefore is mentioned (p), and such justice or justices shall, by warrant ((R1) post) under his or their hand and seal or hands and seals, order such accused party to be taken before some justice or justices of the peace in and for the county, &c. where and near unto the place where the offence is alleged to have been (m) Section 23, post, p. 410. As to the costs of conveyance to the prison of the county where offence committed, they could be ordered by the committing justice under sect. 26, post, p. 415. (n) Sect. 20, p. 406, to give evidence on the trial. (0) The discretion with the justice in this case is either to commit for trial or to send the accused into the county where offence committed,-under this section he is not to discharge him, although he has the whole of the evidence before him, and that is clearly insufficient to warrant a committal; but he may safely do so under such circumstances. (P) Sect. 21, ante, p. 387, to give evidence on the further examination of the charge is here intended; but there is no power in the statute so to bind witnesses. committed. accused to be taken into where offence committed. Expenses of conveyance to be paid by county, &c. where offence committed. 11 & 12 Vict. committed, and shall at the same time deliver the information c. 42. and complaint, and also the depositions and recognizances so taken by him or them, to the constable who shall have the execution of such last-mentioned warrant, to be by him delivered to the justice or justices before whom he shall take the accused in obedience to the said warrant, and which said depositions and recognizances shall be deemed to be taken in the case, and shall be treated to all intents and purposes as if they had been taken by or before the said last-mentioned justice or justices, and shall, together with such depositions and recognizances as such last-mentioned justice or justices shall take in the matter of such charge against the said accused party, be transmitted to the clerk of the court where the said accused party is to be tried, in the manner and at the time hereinbefore mentioned, if such accused party shall be committed for trial upon the said charge, or shall be admitted to bail; and in case such accused party shall be taken before the justice or justices last aforesaid by virtue of the said last-mentioned warrant, the constable or other person or persons to whom the said warrant shall have been directed, and who shall have conveyed such accused party before such last-mentioned justice or justices, shall be entitled to be paid his costs and expenses of conveying the said accused party before the said justice or justices; and upon the said constable or other person producing the said accused party before such justice or justices, and delivering him into the custody of such person as the said justice or justices shall direct or name in that behalf, and upon the said constable delivering to the said justice or justices the warrant, information (if any), depositions and recognizances aforesaid, and proving by oath the handwriting of the justice or justices who shall have subscribed the same, such justice or justices to whom the said accused party is so produced shall thereupon forthwith ascertain the sum which ought to be paid to such constable or other person for conveying such accused party and taking him before such justice or justices, as also his reasonable costs and expenses of returning, and thereupon such justice or justices shall make an order ((R 2) post) upon the treasurer of the county, riding, division or liberty, city, borough or place, or if such city, borough or place shall be contributory to the county rate of any county, riding, division or liberty, then upon the treasurer of such county, riding, division or liberty respectively to which it is contributory, for payment to such constable |