far as is necessary for their preliminary inquiry, they are not prohibited from requiring other evidence in explanation of mere facts, but they can proceed no further; for that would be to try, although their duty is confined merely to the question, "whether there be sufficient pretence for trial." (y) The Grand Jury are sworn to inquire pro corpore comi- Limits of juristatús, and therefore, by the common law, cannot regularly diction to inindict or present any offence, which does not arise within quire of offences. the county or precinct, for which they are returned. And therefore it is a good exception to an indictment, that it doth not shew that the offence arose within such county or precinct, unless jurisdiction be given by special provision. And it seems agreed, as a general rule at common law, that, let the nature of the offence indicted be what it will, whether local or transitory, as seditious words, battery, &c. if it appear, upon plea of not guilty, to have been committed in a different county from that in which the indictment was found, the party shall be acquitted. (z) The Grand Jury, therefore, cannot regularly inquire of a fact done out of the county for which they are sworn, unless particularly enabled by act of parliament. But it seems, by the common law, if a fact done in one county prove a nuisance to another, it may be indicted in either. Also by the common law, if one guilty of larceny in one county carry the goods stolen into another, he may be indicted in either;-because the possession continuing constructively in the party robbed, every moment's continuance of the trespass is as much a wrong as the first taking, and the offence is therefore complete in both. (a) And now, by a recent statute, 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, 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. (b) Among the recent amendments of the law, there are also Extension of the other provisions, extending the power of Grand Jurors power of preand Courts to inquire of offences which might escape counties by senting in other (y) 3 Inst. 25. (a) Hawk. B. 2. c. 25. Hawk. B. 2. c. 25. 7 and 8 Geo. 4. c. 29. s. 76. statute. H Accessaries. Offences on the ties. punishment under the strict rules of the common law as to the locality of crime. Thus, it is provided, that accessaries, 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 accessaries to such felony. (c) And if the acts so constituting them accessaries 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. (d) Thus, for borders of coun the more effectual prosecution of offences committed near the boundaries of counties, or partly in one county and partly in another, it is provided that, where any felony or misdemeanor shall be committed on the boundary or boundaries of two or more counties, or within the distance of 500 yards from any such boundary or boundaries, or shall be begun in one county and completed in another, every such felony or misdemeanor 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. (e) And further," for the more effectual prosecution of offences committed during journies from place to place," it is enacted that, where any felony or misdemeanor 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 misdemeanor 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 misdemeanor shall bave 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 Offences or journies. 8 7 Geo. 4. c. 64. s. 10, 11. (d) 7 Geo. 4. c. 64. s. 10. 11. 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 misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county." (f) For the more effectual punishment of receivers of stolen Receivers of goods, it has also been recently enacted, "That if any stolen goods. 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 accessary after the fact to the felony, or with a substantive misdemeanor only, may be dealt with, indicted, tried, and punished in any county or place in which the party guilty of the principal felony or misdemeanor 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." There are earlier statutes relating to the trial of par- Earlier statutes. ticular offences, but they are of a degree which removes them from the ordinary practice of the sessions. Whenever a statute authorizes the trial of an offence in a different county from that where it is committed, the Grand Jury acquire, by necessity, a right to present it. the Grand Jury. The Grand Jury, being sworn, proceed, in a private Deliberation of room, to consider the bills brought before them. Although sworn to secrecy, they may, in cases of difficulty, allow the prosecutor or his attorney to assist them by marshalling the evidence and examining the witnesses. If any doubts occur on points of law, they should return into court and obtain the opinion of the Chairman. A majority, consisting of twelve at the least, is necessary to find the bill; if they be equally divided, or the majority be less than twelve, it is thrown out. If a person whose evidence is material to the finding Witness refusing of a bill of indictment, refuse to go before the Grand to give evidence. Jury to give evidence, the prosecutor may procure a sub pœna to compel him thereto. (g) A Grand Jury must find a true bill, or no bill, for the Form of finding. whole; which is now usually done by indorsing on it the words " a true bill," or "6 no true bill," as their decision is; and if they take upon them to find it specially, or conditionally, or to be true for one part only, and not for the rest, the whole is void, and the party cannot be tried upon it, but ought to be indicted anew. But this rule relates only to cases where the Grand Jury take upon themselves to find part of the same count to be true, and part false, and do not either affirm, or deny, the fact submitted to their inquiry; but where there are two distinct counts, viz. one for riot, and the other for an assault, and the Grand Jury find a true bill as to the assault, and indorse ignoramus as to the riot, this finding leaves the indictment, as to the count found, just as if there had been originally only that one count, every count containing an integral charge, and therefore having all the operation of a distinct bill. (h) §4. OF DIVIDING THE SESSION. When the proceedings of the court have arrived at this stage, the order of the arrangement for the remainder must be regulated in every case by local convenience, and that convenience will of course be influenced by the quantity of business to be transacted, and the time which will be required for its execution. Where the jurisdiction is extensive, or the business from that, or any other cause, particularly heavy, advantage will probably be taken of an act of parliament, (i) which empowers the Court of Quarter Session to divide itself into two courts, with simultaneous cognizance of offences, and co-ordinate authority over them, in all cases wherein "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, it it may be right here to observe, may, according to the second section of the act, either be exercised at each particular session, as the necessity for it shall arise, or it may be provided for prospectively for any number of sessions that may be thought convenient; and, for the effectual execution of the purposes designed by it, the Sessions are authorized to call upon the Clerk of the peace to appoint a Deputy, and for themselves to appoint an additional cryer for such additional court, and to remunerate them respectively for their labours by order on the county treasurer. (h) The King v. Fieldhouse, Cowp. 325. To whatever extent the authority conferred by this statute be exercised, the time when the Grand Jury have received their instructions from the chairman, and have retired to their room, seems proper for the division of the court to take place. The most natural distribution of the various subjects over which a Quarter Sessions of the Peace now has jurisdiction, seems to be, that one division of the court should take that portion which requires the intervention of a Jury, with the matters incident to criminal prosecution; while the other is occupied with the exercise of the summary jurisdiction given to the justices by statute, whether original, or by appeal from the judgment of individual magistrates. CHAPTER IV. OF THE MODES OF PROSECUTING OFFENCES AT SES- § 1. Of Prosecution by Indictment; and the Law of Indictments. - 2. Of Prosecution by Presentment. - 3. Of Prosecution by Information. § 1. OF PROSECUTION BY INDICTMENT. PROSECUTION by indictment is the most usual and constitutional course of bringing offenders to justice on criminal charges. It is an accusation at the suit of the Indictment, King preferred to a grand jury, competent by law to find what. it, and found by them on their oaths. Although, in point of law, it is a proceeding at the suit of the Crown, it may be preferred at the instance of any one, subject to the liability of the prosecutor to an action if he proceeds maliciously and without probable cause. It is sent to the Grand Jury, written on parchment, with the names of the witnesses indorsed, who are sworn in Court to support it. Before it is returned found it is called a Bill, and only becomes an Indictment on the finding. Where the offence is such as several may join in, and of the joinder of there is reason to believe several have joined in committing several de it, they may be all indicted jointly; and this is the more con fendants. |