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pointed by the 28 Hen. VIII. c. 15: and by 46 Geo. III. c. 54, that all offences committed within the jurisdiction of the admiralty may be determined according to the common law, in any of his majesty's islands or dominions, under the royal commission, in like manner as is provided by the statute of Henry the eighth. It is under these authorities. that offences within the jurisdiction of the admiralty are now triable(t); but their trial in England is also regulated by modern statutes, and particularly by 4 & 5 Will. IV. c. 36, 7 & 8 Vict. c. 2, and 24 & 25 Vict. cc. 96, 97, 98, 99, 100. By 4 & 5 Will. IV. c. 36-which first established the "Central Criminal Court," for offences committed in the metropolis and certain parts adjoining (u),—the judge of the admiralty is made, (together with the lord mayor of London, the common law judges, and others,) one of the judges of the central criminal court and it is provided (s. 22), that under any commission of oyer and terminer and gaol delivery, to be issued under the authority of that Act,-such judges, or any two or more of them, may hear and determine any offences committed or alleged to be committed on the high seas, and other places within the jurisdiction of the admiralty; and may deliver the gaol of Newgate, of any person detained therein for such offence. By the 7 & 8 Vict. c. 2 (x), reciting that it is expedient that provision should be made for the trial of persons charged with offences committed at sea, or within the admiralty jurisdiction, without issuing any special commission as required by 28 Hen.

(t) See also 45 Geo. 3, c. 72, s. 114 et seq. And 12 & 13 Vict. c. 96, enacting that persons charged in any colony with offences committed on the seas, may be dealt with as though the offence had been committed within the local jurisdiction of such colony. See also 18 & 19 Vict. c. 91, s. 21. As to expenses of prosecution in the Court of Admiralty, see 7 Geo. 4, c. 64, s. 27.

(u) As to this court, vide post, p.

395.

(x) As to this provision, see R. v. Serva, 2 C. & R. 53; R. v. Jones, ib. 165; The Queen v. Cunningham, 28 L. J. (M. C.) 66. As to the power of justices of the peace, to issue warrants against persons charged with offences committed within the Admiralty jurisdiction, see 11 & 12 Vict. c. 42, s. 8.

VIII. c. 15,-it is enacted, that any justices of assize, oyer and terminer, or gaol delivery, may also inquire of and determine all offences so committed; and that all indictments found, and trials and other proceedings before the said justices in such cases, shall be valid. And in each of the statutes of 24 & 25 Victoria above mentioned, (the Criminal Consolidation Acts, 1861,) there is contained a clause to the effect that all indictable offences mentioned in those Acts respectively (comprising larceny, malicious injuries to property, forgery, coinage offences and offences against the person) committed within the jurisdiction of the admiralty of England or Ireland,-shall be deemed to be offences of the same nature, and liable to the same punishment, as if they had been committed upon the land in England or Ireland; and may be dealt with and tried in any place in which the offender shall be apprehended or be in custody (y).

[These four courts may be held in any part of the kingdom; and their jurisdiction extends over crimes that arise throughout the whole of it, from one end to the other;] as was also the case with regard to 5, the now disused Court of Chivalry (z). [What follow are also of a general nature; but yet are of a local jurisdiction, and confined to particular districts. Of which species are,

6, 7. The Courts of Oyer and Terminer, and General Gaol Delivery (a); which are held before the royal commissioners,―among whom are usually two judges of the courts at Westminster,-twice in the year in every county of the kingdom (b);] with an exception to be presently stated, as to the metropolis and its vicinity. [These courts were mentioned in the preceding Book (c):

(y) See 24 & 25 Vict. c. 96, s. 115; c. 97, s. 72; c. 98, s. 50; c. 99, s. 36; and c. 100, s. 68. By c. 94, s. 9, a similar provision is inserted with respect to the trial of any persons becoming accessory to any felony within the Admiralty jurisdiction. ::

and we then

(z) Vide sup. vol. 111. p. 459, n. (1). (a) 4 Inst. 152, 168; 2 Hale, P. C. 22, 32; Hawk. P. C. b. 2, c. 5, s. 6. (b) Vide post, p. 395, n. (o).

(c) Vide sup. vol. 1. p. 430 et

seq.

cc 5

[observed, that in what is usually called the assizes, the judges sit by virtue of four several authorities;] viz., the commission of the peace, the commission of oyer and terminer, the commission of general gaol delivery, and the commission of nisi prius; [one of which, (that of nisi prius,) being principally of a civil nature, was then explained at large.] The authority by the commission of the peace has also been treated of, when we inquired into the nature and office of a justice of the peace (d); and in addition to what was there stated we may remark, [that all the justices of the peace of any county, wherein the assizes are held, are bound by law to attend them,] upon due notice given by the sheriff (e): [or else are liable to a fine: in order to return recognizances, &c.: and to assist the judges in such matters as lie within their knowledge and jurisdiction, and in which some of them have probably been concerned by way of previous examination.] But the commission of oyer and terminer gives the judges authority [to hear and determine all treasons, felonies and misdemeanors] committed within the county. [This is directed to the judges and several others, or any two of them (f); but only the judges, or serjeants at law,] the queen's counsel, and barristers with a patent of precedence (g), named in the commissions, or in the writs of association and si non omnes with which they are accompanied (h), [are of the quorum; so that the rest cannot act without the presence of one of them.] Under the commission of oyer and terminer, persons may be tried whether they are in gaol or at large (i); but the words are [to "inquire, hear, and determine:" so that by virtue of this commission, the judges can only proceed upon an indictment found at the

(d) Vide sup. vol. 11. p. 665. (e) Cro. Cir. c. 3.

(f) In Middlesex the commission is directed to any four of them. 4 Chit. Crim. Law, 145; 1 Saund. 249 (a).

(g) 13 & 14 Vict. c. 25.

(h) As to writs of association and si non omnes, vide sup. vol. III. p. 434. The forms of these writs, and also of the several commissions, will be found in 4 Chit. Crim. Law, 129, &c.

(i) 1 Chit. Crim. Law, 144.

[same assizes; for they must first inquire, by means of the grand jury or inquest, before they are empowered to hear and determine by the help of the petit jury (j). Therefore they have besides a commission of general gaol delivery: which empowers them to try, and deliver every prisoner, who shall be in the gaol when they arrive at the circuit town (k); whenever or before whomsoever indicted, or for whatever crime committed (1). It was antiently the course to issue special writs of gaol delivery for each particular prisoner, which were called the writs de bono et malo (m); but these being found inconvenient and oppressive, a general commission for all the prisoners has long been established in their stead. So that, one way or other, the gaols are in general cleared, and all prisoners tried, punished, or delivered, at least twice in every year,a constitution of singular use and excellence. Sometimes, also, upon urgent occasions, the sovereign issues a special or extraordinary commission of oyer and terminer and gaol delivery, confined to those offences which stand in need of immediate inquiry and punishment; upon which the course of proceeding is much the same, as upon general and ordinary commissions (n).]

What has been stated applies to courts of oyer and terminer and gaol delivery throughout the realm at large; but for the metropolis and adjacent parts, a different constitution is provided. For by 4 & 5 Will. IV. c. 36, a new court was established for trial of offences committed in London, Middlesex, and certain suburban parts of Essex, Kent, and Surrey (o);-called the Central Criminal

(j) Hawk. P. C. b. 2, c. 5, s. 31. (k) That is, either in actual custody, or out on bail, and so in gaol by construction of law. (1 Chit. Crim. Law, 146.)

(1) 2 Hale, P. C. 32, 34. (m) Inst. 43.

(n) Of late years the issue of commissions in the vacation after Michaelmas Term, in order to

-

effect the more speedy trial of prisoners not triable at the sessions,— has become a usual practice, and is called the winter circuit.

(0) Indictments found at the different sessions of the peace, held within the jurisdiction of the Central Criminal Court, may be removed to that court by certiorari (4 & 5 Will. 4, c. 36, s 16). As to the trial in

Court (p); the judges or commissioners whereof are the lord mayor of London; the Lord Chancellor or lord keeper; the judges of the courts at Westminster; the judge of the admiralty; the dean of the arches; the aldermen of London; the recorder and common serjeant of London; the judge of the sheriff's court there; any person who has been Lord Chancellor or lord keeper, or a judge of any of the courts at Westminster; and such others as the Crown shall from time to time appoint (q). And it it provided (sect. 2), that the Crown may issue its commission of oyer and terminer and gaol delivery to such court; and that the said judges, or any two or more of them, shall hold a session in the city of London or suburbs thereof, at least twelve times in every year (and oftener if need be),—such times to be fixed by General Orders of the said court; which Orders any eight or more of the judges of the courts at Westminster, are empowered from time to time to make (r).

that court of offences out of its jurisdiction, by order of the Queen's Bench, under 19 & 20 Vict. c. 16, and 25 & 26 Vict. c. 65, vide post, p. 472.

(p) Before the establishment of the Central Criminal Court, there existed "the court of the Sessions house in the Old Bailey," where the sessions of oyer and terminer and general gaol delivery of Newgate, for the city of London and the county of Middlesex, were holden eight times in the year. The gaol for such city and county (vide sup. vol. 1. p. 236), is the gaol of Newgate; to which prison are committed all persons who are to take their trial at the Central Criminal Court, wherever their offences may have been committed. It may be remarked, that by 4 & 5 Will. 4, c. 36, s. 13, it was required that no indictment should be presented before the grand jury of the Central Crimi

nal Court, unless the party prosecuting first entered into recognizances to prosecute, but this enactment was repealed by 9 & 10 Vict. c. 24, s. 2. By 19 & 20 Vict. c. 16, ss. 22, 23, however, the court is enabled, in cases ordered by the Queen's Bench, to be tried there under that Act, to require (if it see fit) either the person charged, or the prosecutor and witnesses, to enter into recognizances. And see the provisions contained in 22 & 23 Vict. c. 17, in reference to certain offences mentioned, post, p. 441.

(g) 4 & 5 Will. 4, c. 36, s. 1. Among the persons named in the text, those who usually sit to try prisoners in the Central Criminal Court, are certain of the judges of the superior courts of law, the recorder, the common serjeant, and the judge of the Sheriff's Court. (r) 4 & 5 Will. 4, c. 36, s. 15.

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