law, as at sea, the criminal who brought the stolen goods into this kingdom could not be tried for larceny in any county in which he had them, but only by the admiralty jurisdiction for the original offence (q); for which jurisdiction over offences committed on the high seas, the central criminal court is, as we have just seen, now substituted.

Again, if the nature of the property be changed, as by breaking a brass furnace to pieces, an indictment for stealing it in its original state can only be preferred in the county in which it last remained entire, and not in that into which it was carried after its change (r).

Indictment for stealing horses in Kent. The evidence was that they had been stolen in Sussex, and that the prisoner was apprehended in Surrey, having them in his possession; and having afterwards rode one, with the constable on the other, into Kent, escaped there. The prisoner was convicted, but the judges held that there was no evidence of stealing in Kent, and that no judgment ought to be given, but that the prisoner should be removed into Surrey (s).

Offences committed in Scotland, Ireland, or parts of the queen's dominions, though out of the united kingdom, as the isles of Man, Guernsey, Jersey, &c. are in general only indictable there, and offenders apprehended here must be sent there for trial (t). At common law, too, offenders escaping with stolen property to England from any other part of the united kingdom could not be indicted here. This evil was in some degree prevented by the statutes 13 G. III. c. 31, s. 4 & 5, and by 44 G. III. c. 92, s. 7, 8, which were repealed by 7 & 8 G. IV. c. 27, and are replaced in a more comprehensive form by one of Peel's acts (u), which provides that if any person having stolen, or otherwise feloniously taken any chattel, money, or valuable security, or any property whatsoever in any one part of the united kingdom (v), shall afterwards have the same property in his possession in any other part of the united kingdom, he may be dealt with, indicted, tried, and punished for larceny or theft, in that part of the united kingdom where he shall so have such property, in the same manner as if he had stolen or taken it there.

(9) 2 Inst. 113; 1 Hawk. c. 25, s. 52. (r) See R. v. Halloway, 1 C. & P. 127; R. v. Edwards, R. & Ry. 497.

(8) R. v. Simmonds, 1 Mood. Cr. C. 408. See Reg. v. Goddard, post, p. 173. (f) 13 G. III. c. 31; 44 G. III. c. 92; 1 East, P. C. 992.

(u) 7 & 8 G. IV. c. 29, s. 76.

(r) This does not include Jersey, &c. ; and a thief who stole in Jersey, and

carried the goods into Dorsetshire, was held improperly indicted for larceny in Dorsetshire, under this act, R. v. Prowes, 1 Mood. C. C. 349. S. P. where goods were stolen in France, and prisoner had them in his possession in England, Reg. v. Madge, 9 C. & P. 29, Parke, B. See R. v. Anderson and others, as to goods stolen in Scotland, 2 East's P. C. 772, c. 16, s. 156.

M

Accessories.]-Other modern provisions extend the powers of grand juries and courts to inquire of offences which might otherwise escape punishment under the strict rules of the common law as to the locality of crime. Thus, it is provided, that accessories, both before and after the fact, to felonies committed within the body of a county, may be indicted and tried either in the county where the principal felony was committed, or in that in which they did the acts constituting them accessories to such felony (w). And if the acts so constituting them accessories were committed on the high seas, or in foreign parts, they may be indicted in any court which has jurisdiction to try the principal felon, as if their offence had been committed in the same place with the principal felony (x).

Offences committed on the Borders of Counties, or begun in one, and completed in another.]-For the more effectual prosecution of offences committed near the boundaries of counties, or partly in one county and partly in another (y), it is provided that, where any felony or misdemeanour shall be committed on the boundary or boundaries of two or more counties, or within the distance of five hundred yards from any such boundary or boundaries, or shall be begun in one county and completed in another, every such felony or misdemeanour 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 committed therein (z). This provision does not apply to any other than county boundaries and prosecutions in counties not corporate. Thus felony committed in the county of the city of London, on London bridge, and within five hundred yards of that part of the county of Surrey which consists of the borough of Southwark, was held not triable at the borough sessions for Southwark (a).

In 1637 a girl under sixteen years of age, named Sarah Coxe, being an orphan with 13001. fortune, was taken with force at Islington in Middlesex, and carried in a coach to the Strand bridge; and from thence by water to the bishop of Winchester's house, in Surrey, where the next day, on pretence of showing her the house, she was brought into the chapel there, and being put in fear, was married to one Fulwood. The court held the force continuing on her in Surrey, and therefore a forcible caption there within 3 H. VII. c. 2; so as to be

(w) 7 G. IV. c. 64, s. 10, 11. See

post, Chap. V. s. 10.

(x) 7 G. IV. c. 64, s. 10, 11. (y) See ante, 160, 161.

(z) 7 G. IV. c. 64, s. 12.

(a) R. v. Welch, Car. C. L. 21; 1 Moo. C. C. 175, S. C.

indictable under that statute before a jury of that county as well a Middlesex (b).

Offences on Journies or Inland Voyages.]-And further, "for the more effectual prosecution of offences committed during journies from place to place," it is enacted that, where any felony or misdemeanour shall be committed on any person, or on or in respect of any property in or upon any carriage whatever, employed on any journey, or on any person, or in respect of any property on board any vessel whatever, employed on any voyage or journey upon any navigable river, canal, or inland navigation; such felony or misdemeanour may be dealt with, inquired of, tried, determined, and punished in any county, through any part whereof such carriage or vessel shall have passed in the course of the journey or voyage during which such felony or misdemeanour 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 side, bank, centre, or other part of any such river, canal, or navigation shall constitute the boundary of any two counties, such felony or misdemeanour may be dealt with, inquired of, tried, determined, and punished in either of the counties through or adjoining to or by the boundary of any part whereof such carriage or vessel shall have passed in the course of the journey or voyage during which such felony or misdemeanour shall have been committed, in the same manner as if it had been actually committed in such county" (c). As to offences committed in counties of cities or towns corporate, see post.

Receivers of Stolen Goods.]-For the more effectual punishment of receivers of stolen goods, it is also enacted, "that if any person shall receive any chattel, money, valuable security, or other property whatsoever, knowing the same to have been feloniously or unlawfully stolen, taken, obtained, or converted, every such person, whether charged as an accessory after the fact to the felony, or with a substantive misdemeanour only, may be dealt with, indicted, tried, and punished in any county or place in which the party guilty of the principal felony or misdemeanour may by law be tried, in the same manner as such receiver may be dealt with, indicted, tried, and punished in the county or place where he actually received such property" (d); and if property stolen in one part of the united kingdom be received in another,

(b) R. v. Fulwood, et al. Cro. Car. 488.

(c) 7 G. IV. c. 64, s. 13.
(d) 7 & 8 G. IV. c. 29, s. 56.

of which in Lord Hale's time, was, where the grand jury having brought in all their bills, are discharged by the court, after which, but before the end of the sessions, some new felony or misdemeanour is committed, and the party is taken or brought to gaol, or some former offender is taken and brought in in like manner (n).

Discharge of Accused on throwing out Bill.]-A prisoner should not be discharged immediately after a bill against him is thrown out, or until after proclamation for any one who has any further charge against him to go before the grand jury (0).

As to a grand juror afterwards sitting on the petty jury, see post, Ch. VII. sec. 4.

SECTION IV.

OF DIVIDING THE SESSION.

WHEN the proceedings of the court have arrived at this stage, he course of the justices must be regulated by the quantity of business to be transacted, and the time which will be required for its execution. Where the business, from the extent of the jurisdiction or any other cause, is particularly heavy, advantage may be taken of an act of parliament (p), which empowers the court of quarter session to divide itself into two courts, sitting at the same time, and each exercising the full authority of the session, where it shall appear to the justices probable that the business of the session will occupy more than three days, including the day of their assembling." This power of dividing may, by virtue of the second section of the act, either be exercised at each particular session, as the necessity for it shall arise, or it may provided for prospectively for any number of sessions that may be thought convenient; and, for the effectual execution of its objects, the sessions are authorized to require the clerk of the peace to appoint a deputy, and themselves to appoint an additional cryer for such additional court, and to remunerate them respectively by order on the county treasurer.

be

Dividing a Court at Adjourned Sessions.]-Doubts having arisen as to the power of adjourned sessions to avail themselves of 59 G. III.

(n) 2 Hale, 156.

(0) It would seem from Dalton, c. 185, that formerly no prisoner was ar

raigned till after all the bills had been
returned; see ante, note to p. 155.
(p) 59 G. III. c. 28.

c. 28, it is now enacted (q) that the justices assembled at adjourned quarter sessions of the peace for any county, riding, or division, may, on the first day that they shall assemble, should the state of the business be such as is likely to occupy more than three days, including the first day, appoint two or more justices to sit apart from themselves in some place in or near the court, there to hear and determine such business as shall be referred to them, while others of the justices are at the same time proceeding in the dispatch of the other business of the same court; and the proceedings had before such two justices shall have the same effect as if had before the court assembled and sitting as usual in its ordinary place of sitting, and shall be enrolled and recorded accordingly.

The proper time for exercising the authority conferred by these statutes, is when the grand jury have received their instructions from the chairman, and have retired to their room. The most natural distribution, in order to relieve jurors and witnesses from the labour and expense of lengthened attendance, seems to be, that when the division takes place, one court should undertake that portion of the criminal business in which counsel are employed, while the other court proceeds to hear prosecutions in which no such professional assistance is engaged. Appeals and matters over which the sessions have summary jurisdiction should be decided before the full bench.

(4) 7 W. IV. and 1 V. c. 19, s. 4.