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FOR

THE FURTHER IMPROVING THE ADMINISTRATION

OF CRIMINAL JUSTICE,

AND

THE BETTER PREVENTION OF OFFENCES.

TOGETHER WITH

THE ACT FOR THE BETTER PROTECTION OF APPRENTICES AND

SERVANTS;

AND

THE ACT FOR AMENDING THE LAW RELATING TO THE

EXPENSES OF PROSECUTIONS,

WITH

Notes, Observations, and Indictments.

,

BY

CHARLES SPRENGEL GREAVES, Esq.,

ONE OF HER MAJESTY'S COUNSEL,

&c. &c. &c.

AUFPICIUN MELIOB'S RVI

LONDON:
LATE W. BENNING AND CO., LAW BOOKSELLERS,

43, FLEET STREET.

359570

RATNER AND LODGIE, PRINTERS

109 TETTER LANE, LONDON,

PREFACE.

This little Book contains “ The Act for the further Improving the Administration of Criminal Justice,” 14 & 15 Vict. c. 100; “ The Act for the better Prevention of Offences,” 14 & 15 Vict. c. 19; “ The Act for the better Protection of Persons under the Care and Control of others as Apprentices and Servants, and to enable the Guardians and Overseers of the Poor to institute and conduct Prosecutions in certain cases,” 14 & 15 Vict. c. 11, and “ The Act to amend the Law relating to the Expenses of Prosecutions, and to make further Provision for the Apprehension and Trial of Offenders in certain Cases,” 14 & 15 Vict. c. 55.

To these Statutes are added explanatory Notes and Observations at the foot of such sections as seemed to require them.

A summary of the alterations in Indictments effected by “ The Act for the further Improving the Administration of Criminal Justice” is given at the end of that Statute.

Precedents of Indictments for offences created by these Acts, and also some Precedents of Indictments framed according to the new enactments, have been added, with a view the better to illustrate the effect of such enactments. It is to be observed, that an alteration has been made in the frame of these Indictments. Hitherto Indictments have followed the Latin form, which placed the party injured or murdered, the thing stolen, &c., before the verb. According to this course the present simple form of Indictment for murder would run “ The jurors on their oath present that John Phelps Stephen Thomas feloniously, wilfully, and of his malice aforethought, did kill and murder"—which is hardly intelligible. I have ventured in every case to state the charge in the manner which I conceive to be the correct English manner. Thus the Indictment for murder runs, “ The jurors on their oath present that John Phelps feloniously, wilfully, and of his malice aforethought, did kill and murder Stephen Thomas."

Some general observations are added, and I have there taken the opportunity of pointing out certain provisions, which appear to me extremely well calculated to improve the efficiency of the administration of criminal justice.

The clauses struck out of “ The Act for the further improving the Administration of Criminal Justice,” either in the House of Lords or House of Commons, are given, as they appear to me very important; and I trust may hereafter become the Law.

CHARLES S. GREAVES.

September 15, 1851.

GENERAL OBSERVATIONS.

HAVING had the honor to be entrusted with the preparation of “ The Act for the further Improving the Administration of Criminal Justice,” and “The Act for the Better Prevention of Offences," and having watched these bills step by step in their passage through Parliament, as well by attending the Committees upon them as otherwise, I need offer no apology for publishing this little Work, with the view of explaining the objects of these statutes and the provisions contained in them.

Both these bills underwent a most careful and anxious consideration in the House of Lords, not only by a Select Committee, but also by individual Peers. They were very attentively considered by the Lord CHANCELLOR, Lord LYNDHURST, Lord CAMPBELL, and Lord CRANWORTH, and many, if not, all of the Judges contributed their observations upon them, which were weighed with all the attention which they so well deserved. Nor ought it to be omitted that Lord DENMAN also afforded his important assistance. In the House of Commons “ The Bill for Improving the Administration of Criminal Justice” was referred to a Select Committee, which comprised, amongst others, the ATTORNEY GENERALS for England and Ireland, Sir FREDERICK THESIGER, Mr. CROWDER, Mr. Barnes, Mr. Evans, Mr. NAPIER, Mr. WORTLEY, Mr. HENLEY, and Mr. AGLIONBY, who devoted several days to a careful and attentive examination of

every provision contained in it.

I make this statement for the purpose of shewing with how great deliberation these acts passed, and in the hope that whenever any question shall arise upon any clause in either of them, their provisions may meet with that attention, which statutes passed with so much circumspection so peculiarly deserve, and that such a construction may be put upon them in every case as may be best calculated to further the great objects for which they were passed.

Nor is this my only reason for mentioning the great care and attention that were bestowed upon these statutes. It is nothing but right that it should be known how deep and sincere an

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