11 & 12 VICT. proceed in every respect in manner hereinafter directed with respect to c. 42. English warrants vice versa in the escaping. Warrants so indorsed to be valid. English warrants may be backed in the Isles of Man, Guernsey, or Sark, and vice versa. persons charged before a justice or justices of the peace with an offence alleged to have been committed in another county or place than that in which such persons have been apprehended."(a) Sect. 12. "And be it enacted, that if any person against whom a warrant shall be issued in any county, riding, division, liberty, city, borough, or place in England or Wales, by any justice of the peace, or by any judge of Her Majesty's Court of Queen's Bench, or justice of oyer and terminer or gaol delivery, for any indictable offence against the laws of that part of the United Kingdom, shall escape, go into, reside, or be, or be supposed or suspected to be, in any county or place in that part of the United Kingdom called Ireland, or if any person against whom a warrant shall be issued in any county or place in Ireland, by any justice of the peace, or by any judge of Her Majesty's Court of Queen's Bench there, or any justice of oyer and terminer or gaol delivery, for any crime or offence against the laws of that part of the United Kingdom, shall escape, go into, reside, or be, or be supposed or suspected to be, in any county, riding, division, liberty, city, borough, or place in that part of the United Kingdom called England or Wales, it shall and may be lawful for any justice of the peace in and for the county or place into which such person shall escape or go, or where he shall reside or be, or be supposed or suspected to be, to indorse (K.) such warrant in manner hereinbefore mentioned, or to the like effect, and which warrant so indorsed shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all constables or other peace officers of the county or place where such warrant shall be so indorsed, to execute the said warrant in the county or place where the justice so indorsing it shall have jurisdiction, by apprehending the person against whom such warrant shall have been granted, and to convey him before the justice or justices who granted the same, or before some other justice or justices of the peace in and for the same county or place, and which said justice or justices before whom he shall be so brought shall thereupon proceed in such manner as if the said person had been apprehended in the said last-mentioned county or place." Sect. 13. "And be it enacted, that if any person against whom a warrant shall be issued in any county, riding, division, liberty, city, borough, or place in England or Wales, by any justice of the peace, or by any judge Jersey, Alderney, of Her Majesty's Court of Queen's Bench, or justices of oyer and terminer or gaol delivery, for any indictable offence, shall escape, go into, reside, or be, or be supposed or suspected to be, in any of the Isles of Man, Guernsey, Jersey, Alderney, or Sark, it shall be lawful for any officer within the district into which such accused person shall escape or go, or where he shall reside or be, or be supposed or suspected to be, who shall have jurisdiction to issue any warrant or process in the nature of a warrant for the apprehension of offenders within such district, to indorse (K.) such warrant in the manner hereinbefore mentioned, or to the like effect; or if any person against whom any warrant, or process in the nature of a warrant, shall be issued in any of the isles aforesaid, shall escape, go into, reside, or be, or be supposed or suspected to be, in any county, riding, division, liberty, city, borough, or place in England or Wales, it shall be (a) Under the old law upon the subject of backing in England English warrants, as provided for by the 24 Geo. 2, c. 55, s. 1, the offender was to be taken in the first instance, if the offence were a bailable one (as indeed nearly all were), before the justice backing the warrant, who thereupon was empowered to take bail, &c. Now, however, the constable, upon having the warrant backed, and arresting the accused, is required at once to take him before the justice who first issued the warrant, or some other justice where the offence mentioned in the warrant appears to have been committed with the proviso, however, that if the prosecutor or witnesses are then in the county or place where the person was apprehended, such person may, if the justice backing the warrant so requires it, be taken before such justice, who may thereupon take the examinations, and proceed in the manner pointed out in section 21. lawful for any justice of the peace in and for the county or place into 11 & 12 VICT. which such person shall escape or go, or where he shall reside or be, or c. 42. be supposed or suspected to be, to indorse (K.) such warrant or process Warrants so in manner hereinbefore mentioned, and every such warrant or process, so indorsed to be indorsed, shall be a sufficient authority to the person or persons bringing valid. the same, and to all persons to whom the same respectively was originally directed, and also to all constables and peace officers in the county, district, or jurisdiction within which such warrant or process shall be so indorsed, to execute the same within the county, district, or place where the justice or officer indorsing the same has jurisdiction, and to convey such offender, when apprehended, into the county or district wherein the justice or person who issued such warrant or process shall have jurisdiction, and carry him before such justice or person, or before some other justice or person within the same county or district who shall have jurisdiction to commit such offender to prison for trial, and such justice or person may thereupon proceed in such and the same manner as if the said offender had been apprehended within his jurisdiction." warrants may be Sect. 14. "And be it declared and enacted, that if any person against English or Irish whom a warrant shall be issued by any justice of the peace for any county backed in Scotor place within England or Wales or Ireland, or by any judge of Her land. Majesty's Court of Queen's Bench or justice of oyer and terminer or gaol delivery in England or Ireland, for any crime or offence against the laws of those parts respectively of the United Kingdom of Great Britain and Ireland, shall escape, go into, reside, or be, or be supposed or suspected to be, in any place in that part of the said United Kingdom called Scotland, it shall be lawful for the sheriff or steward depute or substitute, or any justice of the peace of the county or place where such person or persons shall go into, reside, or be, or be supposed or suspected to be, to indorse (K.) the said warrant in manner hereinbefore mentioned, or to the like effect, which warrant so indorsed shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom Warrants so insuch warrant was originally directed, and also to all sheriffs' officers, stew- dorsed to be valid. ards' officers, constables, and other peace officers of the county or place where such warrant shall be so indorsed, to execute the same within the county or place where it shall have been so indorsed, by apprehending the person against whom such warrant shall have been granted, and to convey him into the county or place in England, Wales, or Ireland where the justice or justices who first issued the said warrant shall have jurisdiction in that behalf, and to carry him before such justice or justices, or before any other justice or justices of the peace of and for the same county or place, to be there dealt with according to law, and which said justice or justices are hereby authorized and required thereupon to proceed in such and the same manner as if the said offender had been apprehended within his or their jurisdiction." Scotch warrants may be backed Sect. 15. "And be it enacted, that if any person against whom a warrant shall be issued by the Lord Justice General, Lord Chief Justice in England or Clerk, or any of the Lords Commissioners of Justiciary, or by any sheriff Ireland. or steward depute or substitute, or justice of the peace, of that part of the United Kingdom of Great Britain and Ireland called Scotland, for any crime or offence against the laws of that part of the United Kingdom shall escape, go into, reside, or be, or shall be supposed or suspected to be, in any county or place in England or in Ireland, it shall be lawful for any justice of the peace in and for the county or place into which such person shall escape or go, or where he shall reside or be, or shall be supposed or suspected to be, to indorse (K.) the said warrant in manner hereinbefore mentioned, and which said warrant so indorsed shall Warrants so be a sufficient authority to the person or persons bringing the same, and valid. to all persons to whom the same was originally directed, and also to all constables and other peace officers of the county or place where the justice so indorsing such warrant shall have jurisdiction, to execute the said warrant in the county or place where it is so indorsed, by apprehending с indorsed to be 11 & 12 VICT. the person against whom such warrant shall have been granted, and to c. 42. and give evidence. If summons not obeyed warrant may be issued compel attendance. to convey him into the county or place in Scotland next adjoining to that part of the United Kingdom called England, and carry him before the sheriff or steward depute, or substitute, or one of the justices of the peace of such county or place, and which said sheriff, steward depute, or substitute, or justice of the peace, is hereby authorized and required thereupon to proceed in such and the same manner, according to the rules and practice of the law of Scotland, as if the said offender had been apprehended within such county or place in Scotland last aforesaid." Power to justices Sect. 16. "And be it enacted, that if it shall be made to appear to any to summon witnesses to attend justice of the peace, by the oath or affirmation of any credible person, that any person within the jurisdiction of such justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against the accused, such justice may and is hereby required to issue his summons (L. 1.) to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons before the said justice, or before such other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place as shall then be there, to testify what he shall know concerning the charge made against such accused party; and if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having been served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode,) it shall be lawful for the justice or justices before whom such person should have appeared to issue a warrant (L. 2.) under his or their hands and seals to bring and have such person at a time and place to be therein mentioned before the justice who issued the said summons, or before such other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place as shall then be there, to testify as aforesaid, and which said warrant may, if necessary, be backed as hereinbefore is mentioned, in order to its being executed out of the jurisdiction of the justice who shall have issued the same; or if such justice shall be satisfied by evidence upon oath or affirissued in the first mation that it is probable that such person will not attend to give evidence without being compelled so to do, then, instead of issuing such summons, it shall be lawful for him to issue his warrant (L. 3.) in the Personsappearing first instance, and which, if necessary, may be backed as aforesaid; and refusing to be if on the appearance of such person so summoned before the said lastexamined may be mentioned justice or justices, either in obedience to the said summons or upon being brought before him or them by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation, shall refuse to answer such questions concerning the premises as shall then be put to him, without offering any just excuse for such refusal, any justice of the peace then present, and having there jurisdiction, may by warrant (L. 4.) under his hand and seal commit the person so refusing to the common gaol or house of correction for the county, riding, division, liberty, city, borough, or place where such person so refusing shall then be, there to remain and be imprisoned for any time not exceeding seven days, unless he shall in the meantime consent to be examined and to answer concerning the premises." (a) In certain cases warrant may be instance. on summons, &c. committed. (a) This clause, to a great extent, supplies a defect, and clears up a doubt long felt in the administration of justice by magistrates; for although the general opinion was somewhat in favour of the existence of a general power in justices upon preliminary examinations prior to committal for trial to compel the attendance of witnesses, particularly since the decision of the case of Evans v. Rees, 12 A. & E. 55, very much As to the exami Sect. 17. "And be it enacted, that in all cases where any person shall 11 & 12 VICT. appear or be brought before any justice or justices of the peace charged c. 42. with any indictable offence, whether committed in England or Wales, or upon the high seas, or on land beyond the sea, or whether such person nation of witappear voluntarily upon summons or have been apprehended, with or nesses. without warrant, or be in custody for the same or any other offence, such justice or justices, before he or they shall commit such accused person to prison for trial, or before he or they shall admit him to bail, shall, in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement (M.) on oath or affirmation of those who shall know the facts and circumstances of the case, and shall put the same into writing, and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same; and the justice or justices before whom any such witness shall Justice to admiappear to be examined as aforesaid shall, before such witness is examined, affirmation. administer to such witness the usual oath or affirmation, which such justice or justices shall have full power and authority to do; and if upon Depositions of the trial of the person so accused as first aforesaid it shall be proved, by persons who have the oath or affirmation of any credible witness, that any person whose absent, may in deposition shall have been taken as aforesaid is dead, or so ill as not to certain cases be be able to travel, and if also it be proved that such deposition was taken in the presence of the person so accused, and that he or his counsel or attorney had a full opportunity of cross-examining the witness, then, if such deposition purport to be signed by the justice by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution, without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the justice purporting to sign the same." (a) doubt existed upon the subject; and in the total absence of any general enactment, magistrates were exceedingly averse to exercising such a power, and thus the ends of justice were frequently defeated. The clause, even as it stands, is scarcely as efficient as it may have been; for to justify a magistrate in issuing either a summons or a warrant, it must appear that the witness is within the jurisdiction of the justice, so that, should he be in fact in another jurisdiction, however near to the place where his presence may be required, the justice has no power to compel him to attend, since he has no power to issue a warrant for the apprehension of a party in another jurisdiction, unless the offence was committed within his own jurisdiction; and as a witness residing out of the jurisdiction would not be within the limits of the authority of the justice in question, and it is exceedingly doubtful whether or not the provisions as to the backing of warrants can assist the case, inasmuch as a justice has no power to issue a warrant for the apprehension of an offender out of his jurisdiction unless the offence was committed within it, and it cannot be said that a witness is, when so residing out of the jurisdiction, an offender,—the clauses as to backing warrants cannot fairly be deemed to apply in such a case. Another deficiency in this section consists in the absence of any express power to compel a witness to produce documents. To supply both of these defects, recourse should be had to the old method of obtaining a crown-office subpoena, a somewhat expensive, dilatory, and inefficient process, since upon disobedience, the justice would have no summary powers, but the parties would be left to proceed against the witness by attachment or indictment. This section also gives power to the justices to issue a summons or warrant for witnesses for the prosecution, but does not extend that power to the compelling of the attendance of witnesses for the accused; and yet the best ends of justice may require the presence of such witnesses, for although it is not for the justices to balance evidence, but to commit the party if a probable case is made out against him, yet in any given case, evidence may exist which would show the utter groundlessness of the charge, and which the prosecutor, from unworthy motives, may choose to keep back, and which evidence cannot be got at except by some compulsory power. In such a case as this, it would be highly desirable that, on the application of the accused, the justices should be empowered to compel the attendance of the desired witnesses. A defendant, however, may obtain a crown-office subpoena, and where he makes a reasonable application for postponement in order to provide for his witnesses, it should be complied with. (a) This section directs that the witness shall be sworn or make affirmation before he is examined. This will correct a very irregular practice, which has in some locali nister oath or died, or who are read in evidence. 11 & 12 VICT. c. 42. After examination of the ac cused, justice to read depositions taken against him, and caution him as to any statement he may make ; and inform him that he has nothing to hope or fear from either promise or threat. Sect. 18. "And be it enacted, that after the examinations of all the witnesses on the part of the prosecution as aforesaid shall have been completed, the justice of the peace, or one of the justices by or before whom such examination shall have been so completed as aforesaid shall, without requiring the attendance of the witnesses, read or cause to be read to the accused the depositions taken against him, and shall say to him these words, or words to the like effect: Having heard the evidence, do wish to say anything in answer to the charge? you are not obliged you 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;' and whatever the prisoner shall then say in answer thereto shall be taken down in writing (N.) and read over to him, and shall be signed by the said justice or justices, and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned; and afterwards upon the trial of the said accused person the same may, if necessary, be given in evidence against him, without further proof thereof, unless it shall be proved that the justice or justices purporting to sign the same did not in fact sign the same: provided always, that the said justice or justices, before such accused person shall make any statement, shall state to him and give him clearly to understand, that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him upon his trial notwithstanding such promise or threat: provided nevertheless, that nothing herein enacted or contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the person accused or charged, made at any time, which by law would be admissible as evidence against such person." (a) ties obtained, of taking the statements of the witnesses, and then of swearing them to their depositions. Although power is given to the accused to cross-examine, there is no provision expressly requiring the justice to take down, as part of the depositions, such cross-examination, and hitherto in practice it has not been usual to take it. When, however, it is remembered, that on the death or inability through illness to travel, of the witness, his deposition, which may involve the life of the accused, may be given in evidence, every consideration of justice and humanity requires that the prisoner's cross-examination should be carefully taken and returned, as a portion of the depositions. Indeed, the latter part of this clause appears to point to the depositions containing also the cross-examination, for it makes the depositions, in the case suggested, receivable as evidence only on proof that the accused, his counsel or attorney, had a full opportunity of cross-examining the witness, and it would be idle to cross-examine, or to make the power to do so a condition for the reception of the depositions, if they need not contain the cross-examination itself. It may, therefore, be safely laid down that, although the Legislature has not so expressly enacted, yet it was obviously its intention that the depositions should contain the cross-examinations, where any in fact have taken place. (a) This section is intended as a guide to justices in the very important and responsible duty of taking the statement of the party accused, and perhaps there never was an intention more inefficiently carried out. Far from this clause facilitating the justice in the execution of this part of his duty, it must have the effect of causing the greatest difficulty and embarrassment. The section purports to furnish the justice with a form of speech in addressing the accused upon the evidence against him being concluded, and one would have supposed that whilst the justice was being informed of part of what he had to say, that he would have been told the whole of it; but such is far from being the case, for whilst in the early part of the section the justice is told that he is to address the prisoner in these words or to the like effect, "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," it appears by the latter part of the section that he is required to say a vast deal more. Upon reading this section, a justice would at first naturally conclude that the form of speech set out was the only one he need use, but in truth and reality it will be necessary for him to deliver himself of an oration of a very elaborate and lengthy description, somewhat after the following kind : : "A. B., you 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 |