as in the act 11 & 12 Vict. c. 43, s. 10, relating to summary convictions and orders, as to the number of offences; but this will perhaps be unnecessary, for the 14 & 15 Vict. c. 100 (ante, p. 375), contains ample provisions as to variances between the charge laid and the evidence, which will prevent the escape of the guilty.

FORMS.

The information and complaint of C. D., of

[yeoman],

-, in the year of our Lord 185-,

to wit. taken this day of
before the undersigned [one] of her Majesty's justices of the peace in
and for the said [county] of who saith that [&c. stating the of-

fence].

Sworn before [me], the day and year first above mentioned, at

J. S.

The variations adapting the information for an offence punishable on summary conviction to a justice of adjoining counties acting in one for the other will equally apply here (vide Oke's Magis. " Formulist,” p. 23).

SECT. 2. THE PROCESS TO ISSUE AGAINST OFfenders.

The apprehension of offenders found committing felonies In ordinary without a warrant remains unaltered, and is recognized by s. 17 cases. of 11 & 12 Vict. c. 42, post, as well as by ss. 10, 11 of the 14

first instance.

& 15 Vict. c. 19. 11 & 12 Vict. c. 42, s. 1, enacts, that in all Warrant or cases where a charge or complaint ((A) supra) shall be made summons in the before any one or more of her Majesty's justices of the peace for any county, riding, division, liberty, city, borough or place within England or Wales, that any person has committed, or is suspected to have committed, any treason, felony or indictable misdemeanor, or other indictable offence whatsoever, within the limits of the jurisdiction of such justice or justices of the peace, or that any person guilty or suspected to be guilty of having committed any such crime or offence elsewhere out of the jurisdiction of such justice or justices residing or being or is suspected to reside or be within the limits of the jurisdiction of such justice or justices, then and in every such case, if the person so charged or complained against shall not then be in custody, it shall be lawful for such justice or justices of the peace to issue his or their warrant ((B) post) to apprehend such person, and to cause him to be brought before such justice or justices, or any other justice or justices for the same county,

Information for stolen goods.

Several offenders.

order to its admissibility in evidence against a prisoner, viz —1,
the cause of the death of the declarant must be the subject of
inquiry; 2, the circumstances of the death the subject of the
declaration; and 3, it must appear to have been made at a time
when the deceased was perfectly aware of his danger, and
entertained no hope of recovery (R. v. Mead, 2 B. & C. 605;
R. v. Hutchinson, 2 B. & C. 608 n; R. v. Lloyd and others,
4 C. & P. 233; R. v. Crockett, 4 C. & P. 544; R. v. Bonner,
6 C. & P. 386; R. v. Foster, Id. 325; R. v. Spilsbury, 7 C.
& P. 187; R. v. Fagent, Id. 238; R. v. Woodcock, 1 Leach,
500; and see Reg. v. Taylor, 3 Cox's Crim. Cas. 84); but it
is only in cases where the deceased, if he had lived, could be
received as a witness that this evidence is receivable (R. v.
Pike, 3 C. & P. 598). It appears that whether this declaration
be in writing or not, it should not be upon oath when taken in
the accused's absence by a magistrate, and that it has no greater
force as evidence if made upon oath, although one upon oath,
embodied in a written information for the injury to the decla
rant under the 11 & 12 Vict. c. 42, would be admissible in
evidence; for the justice on the preferring of a charge has
authority to administer an oath (Id. s.8); but the principle
upon
which these dying declarations are receivable in evidence
being founded on the situation of the dying person, which is
considered as powerful over his conscience as the obligation of
an oath (Phil. Evid. 1st ed. p. 100), shows that it need not be
on oath. If taken on oath in the presence of the accused, it
then becomes a deposition, and may be used, under 11 & 12
Vict. c. 42, s. 17, in the event of the party's death, without the
necessity of proving that it was made in anticipation of death.

A search warrant may be granted by any one justice upon an information on oath (Form No. 4, p. 259, of " Formulist") by the owner of the goods stolen, or any person on his behalf, if reasonable ground for suspecting that such goods are in the house or upon the premises of a particular person (2 Arch. J. P. 444; and 7 & 8 Geo. 4, c. 29, s. 63, as to indictable offences punishable by that act); but a positive oath that lar ceny is actually committed is not necessary (Elsee v. Smith, 1 D. & R. 97).

Several offenders, who have taken part in committing the same offence, as well as several offences committed by one person, may be joined in the same information and complaint, there being no restriction in this statute (11 & 12 Vict. c. 42)

as in the act 11 & 12 Vict. c. 43, s. 10, relating to summary convictions and orders, as to the number of offences; but this will perhaps be unnecessary, for the 14 & 15 Vict. c. 100 (ante, p. 375), contains ample provisions as to variances between the charge laid and the evidence, which will prevent the escape of the guilty.

FORMS.

The information and complaint of C. D., of

day of

[yeoman],

to wit. taken this
in the year of our Lord 185-,
before the undersigned [one] of her Majesty's justices of the peace in
and for the said [county] of who saith that [&c. stating the of-
Sworn before [me], the day and year first above mentioned, at

fence].

-.

J. S.

The variations adapting the information for an offence punishable on summary conviction to a justice of adjoining counties acting in one for the other will equally apply here (vide Oke's Magis. " Formulist,” p. 23).

SECT. 2. THE PROCESS TO ISSUE AGAINST OFFENDERS.

The apprehension of offenders found committing felonies In ordinary without a warrant remains unaltered, and is recognized by s. 17 cases. of 11 & 12 Vict. c. 42, post, as well as by ss. 10, 11 of the 14

first instance.

& 15 Vict. c. 19. 11 & 12 Vict. c. 42, s. 1, enacts, that in all Warrant or cases where a charge or complaint ((A) supra) shall be made summons in the before any one or more of her Majesty's justices of the peace for any county, riding, division, liberty, city, borough or place within England or Wales, that any person has committed, or is suspected to have committed, any treason, felony or indictable misdemeanor, or other indictable offence whatsoever, within the limits of the jurisdiction of such justice or justices of the peace, or that any person guilty or suspected to be guilty of having committed any such crime or offence elsewhere out of the jurisdiction of such justice or justices residing or being or is suspected to reside or be within the limits of the jurisdiction of such justice or justices, then and in every such case, if the person so charged or complained against shall not then be in custody, it shall be lawful for such justice or justices of the peace to issue his or their warrant ((B) post) to apprehend such person, and to cause him to be brought before such justice or justices, or any other justice or justices for the same county,

c. 42.

Or warrant on disobedience.

11 & 12 Vict. &c. to answer to such charge or complaint, and to be further dealt with according to law: Provided always, that in all cases it shall be lawful for such justice or justices to whom such charge or complaint shall be preferred, if he or they shall so think fit, instead of issuing in the first instance his or their warrant to apprehend the person so charged or complained against, to issue his or their summons ((C) post) directed to such person, requiring him to appear before the said justice or justices at a time and place to be therein mentioned, or before such other justice or justices of the same county, &c. as may then be there, and if after being served with such summons in manner hereinafter mentioned (a) he shall fail to appear at such time and place, in obedience to such summons, then and in every such case the said justice or justices, or any other justice or justices of the peace for the same county, &c. may issue his or their warrant ((D) post) to apprehend such person so charged or complained against, and cause such person to be brought before him or them, or before some other justice or justices of the peace for the same county, &c. to answer to the said charge or complaint, and to be further dealt with according to law: Provided nevertheless, that nothing herein contained shall prevent any justice or justices of the peace from issuing the warrant hereinbefore first mentioned at any time before or after the time mentioned in such summons for the appearance of the said accused party.

Or before return of summons.

How summons served.

No objection for alleged defect in form, &c.

By s. 9, every such summons shall be served by a constable or other peace officer upon the person to whom it is so directed by delivering the same to the party personally, or if he cannot conveniently be met with then by leaving the same with some person for him at his last or most usual place of abode; and the constable or other peace officer who shall have served the same in manner aforesaid shall attend at the time and place and before the justices in the said summons mentioned, to depose, if necessary, to the service of such summons: Provided always, that no objection shall be taken or allowed to such summons or warrant for any alleged defect therein any

(a) If he be in gaol for some other offence, and no indictment found for the subsequent offence, the warrant under this section must be given to the constable, and he must execute it the first opportunity. If the charge be a serious one, or where delay would be inconvenient, a justice might examine the witnesses at the gaol in the presence of the prisoner, as in ordinary cases, and sign a commitment in the usual way.

c. 42.

in substance or in form, or for any variance between it and the 11 & 12 Vict. evidence adduced on the part of the prosecution before the justice or justices who shall take the examinations of the witnesses in that behalf, as hereinafter mentioned (b): but if any such variance shall appear to such justice or justices to be such that the party charged has been thereby deceived or misled, it shall be lawful for such justice or justices, at the request of the party so charged, to adjourn the hearing of the case to some future day, and in the meantime to remand the party so charged, or admit him to bail, in manner hereinafter mentioned.

executed.

It shall not be necessary to make the warrant returnable at How warrant of any particular time, but the same may remain in force until it apprehension shall be executed; and such warrant may be executed by apprehending the offender at any place within the county, riding, division, liberty, city, borough or place within which the justice or justices issuing the same shall have jurisdiction, or in case of fresh pursuit at any place in the next adjoining county or place, and within seven miles of the border of such firstmentioned county, riding, division, liberty, city, borough or place, without having such warrant backed as hereinafter mentioned; and in all cases where such warrant shall be directed to all constables or other peace officers within the county or other district within which the justice or justices issuing the same shall have jurisdiction, it shall be lawful for any constable, headborough, tithingman, borsholder or other peace officer for any parish, township, hamlet or place within such county or district to execute the said warrant within any parish, township, hamlet or place situate within the jurisdiction for which such justice or justices shall have acted when he or they granted such warrant, in like manner as if such warrant were directed specially to such constable by name, and notwithstanding the place in which such warrant shall be executed shall not be within the parish, township, hamlet or place for which he shall be such constable, headborough, tithingman, borsholder or other peace officer (s. 10). Then follows a proviso similar to that in s. 9, supra. It appears the warrant may be executed on a Sunday (Arch. ed. 19, and see s. 4, ante, p. 374. As to boroughs, see 5 & 6 Will. 4, c. 76, s. 101.)

A person may be arrested on a Sunday for any indictable When arrests to

(b) See" the preliminary examination," post, p. 392; but where the offence is not committed in the jurisdiction where offender apprehended, see s. 22, post, p. 402.

be made.