office of the Attorney General. This had been hitherto the " usual, although not the invariable practice, but there had not, "until the present time, been any legal enactment to enforce it. "The third clause provided, that all prisoners should be en"titled to copies of the depositions when committed or held "to bail by a Justice or a Coroner, and to copies of exami"nation or cross-examination, upon paying a certain rate per "folio. The ninth clause gave to the Supreme Court a power "of correcting all errors in point of form or mistakes not "affecting the substantial merits of the case, and prohibited "the discharge of a prisoner by Habeas Corpus, for any "cause of this nature. As a counterbalance to this pro"vision, however, the twelfth clause gave a summary and "a simple means of relief in cases of erroneous orders or con"victions. An inexpensive application to the Supreme Court "or to a Judge of that tribunal, was the means provided for "this purpose. The effect of these changes in the law, in "point of fact, was to put an end to all opportunities of deriv"ing advantage from mere technical objections and quibbles, "and to ensure the administration of justice according to the "6 plain facts and merits of each case. The first point which defined in the embodied Acts of Parliament was the power and duties of the Magistrate as to the issue of a sum"mons or a warrant, and forms were given for all cases of this "kind. The eighth clause defined the cases in which it was 66 necessary the original information should be taken on oath or affirmation, and in which mere parol and unsworn "testimony or complaint without writing would be suf"ficient. It also provided that no objection as to want "of form should be of any force in such cases. The whole "course of proceedings in these cases was distinctly laid down so clearly as to render any error almost impossible. When "there was any variance which, in the opinions of the Justices, might have misled the party charged, a power was given to "them to remand the case until the defect could be remedied. "Powers for compelling the attendance of witnesses, and for "summarily punishing any person who might refuse to be examined, were also given. The seventeenth section of the "same Act would change very materially the mode of taking depositions. It had been the practice hitherto to have only what was considered the substance of a witness's "evidence, or a prisoner's statement reduced to writing; but 66 46 66 46 46 was "this clause rendered it compulsory upon the Magistrate to "have the whole of the evidence taken down, and in the first person. It was not, of course, meant that all which was "said on such occasions should be placed in writing, but all "that was pertinent to the case should be recorded upon the "depositions, and that in the very terms used. The Judges "had, indeed, entertained very considerable doubts whether "the statements and admissions of a prisoner were even "admissible at all as a matter of evidence, unless they "had been written down in the first person, and in the 66 very terms used, no matter whether the latter were "clear and intelligible or not. A power was given to "the Justices to sit with closed doors in cases where they "were acting ministerially, and where they conceived that "the ends of justice would be furthered by this course; but "whenever they acted judicially, the place where they sat was to be deemed an open Court, and defendants were to be "allowed to avail themselves of the advocacy of a barrister or attorney if they thought fit. Power was given to a Justice "to remand upon warrant, and to admit to bail even after "committal. Full directions were given as to proceedings "under the powers of summary jurisdiction possessed by the "Justices, and it was optional with them to adopt the forms "of conviction given by this new Act in preference to those provided by other statutes by which they possessed these powers. Directions and forms of every nature, indeed, were "contained in this Act so plain, that it was almost impossible The Magistrate had beside, a power of appealing to "the Supreme Court for an expression of its opinion upon any "point whereon he entertained a doubt. He might stay the .6 "to err. A progress of the case until he obtained this opinion, and provided "that he acted upon it, he was not liable to any action. "gentleman of the legal profession, thoroughly competent "to the task, was about, he understood, to prepare a synopsis "of these enactments; and he hoped when this was done, "that not only every member of the profession, and every "magistrate, but every constable, would procure a copy, as it "was important that the knowledge of their provisions should "be widely diffused." Such was Sir Alfred Stephen's lucid review of Sir John Jervis's comprehensive and convenient scheme of magisterial practice; and in submitting to the Magistrates of New South Wales, and to all parties concerned in the routine of proceedings in the Magisterial Courts of the Colony, the following treatise, the Compiler begs to tender his best thanks for the kind assistance which he has received from several gentlemen of great practical experience, and also to acknowledge the ample use he has made of the valuable works of Mr. Westoby, Mr. Saunders, and other late writers of authority. Castlereagh-street, Sydney, March, 1851 TABLE OF CONTENTS. INTRODUCTION. Preliminary Proceedings in cases of Felony, Indictable Opinions of Mr. Baron Garrow, and Sir Alfred Stephen, C. J., of N. S. W., as to taking down depositions. Of returning Depositions to the Superior Court.. Of the expediency of taking down the statements of Prisoner's witnesses, and returning the same with the Mode of proceeding in the event of a witness dying, or |