term not exceeding ten years, or be imprisoned for any term not exceeding three years, with or without hard labour and solitary confinement, both or either, at the discretion of the Court before which he shall be tried.

SCHEDULE.

on

Whereas at the session of the peace for the county of

on

before

held

and others their fellows [or at the session of oyer and terminer and gaol delivery held for the county of before, among others, Sir A. B., Knight, one of the justices of the court of and here name the quorum commissioners, justices of oyer and terminer and gaol delivery], A. B., late of labourer, having been found guilty of felony, and judgment thereupon given, that [state the substance] the court before whom he was tried reserved a certain question of law for the consideration of the justices of either bench and the barons of the exchequer, and execution was thereupon respited in the meantime : This is to certify, that the said justices and barons having met in the exchequer chamber at Westminster [or Dublin, as the case may be] on the day of it was considered by the said justices and barons there that the judgment aforesaid should be annulled, and an entry made on the record that the said A. B. ought not, in the judgment of the said justices and barons, to have been convicted of the felony aforesaid; and you are therefore hereby required forthwith to discharge the said A. B. from your custody.

To the Gaoler of

and the Sheriff of

and all others whom it may concern.

(Signed) E. F.

Clerk of the Peace for the County of
[or Clerk of Assize for

as the case may be.]

By the Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 47, 'The jurisdiction and authorities in relation to questions of law arising in criminal trials which are now vested in the justices of either bench and the barons of the Exchequer, by the Act 11 & 12 Vict. c. 78, or any Act amending the same, shall and may be exercised after the commencement of this Act by judges of the High Court of Justice, or five of them, at the least, of whom the Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas, and the Lord Chief Baron of the Exchequer, or one of such chiefs, at least, shall be part. The determination of any such question by the judges of the said High Court in manner aforesaid, shall be final and without appeal, and no appeal shall lie from any judgment of the said High Court in any criminal cause or matter, save for some error of law apparent on the record, (c) as to which no question shall have been reserved for the consideration of the said judges under the said Act.'

By the Judicature Act 1881 (44 & 45 Vict. c. 68), s. 15, 'The jurisdiction and authority relating to questions of law arising in criminal trials, which under s. 47 of the Supreme Court of Judicature, Act 1873, is now vested in the judges of the High Court of Justice, may be exercised by any five or more of such judges, notwithstanding the abolition of the offices of Lord Chief Justice of the Common Pleas, and Lord (c) R. v. Steel, 2 Q. B. D. 37. R. v. Fletcher, 3 Q. B. D. 43.

Chief Baron of the Exchequer, provided that the Lord Chief Justice of England shall always be one of such judges, unless by writing under his hand, or by the certificate in writing of his medical attendant, it shall appear that he is prevented by illness or otherwise from being present at any court duly appointed to be held for the purpose aforesaid, in which case the presence of the said Lord Chief Justice at such court shall not be necessary.'

ADDENDA

TO

THE THIRD VOLUME.

P. 240. A prisoner charged in the first count, under sec. 5 of 48 & 49 Vict. c. 69, with unlawfully and carnally knowing a girl between the ages of thirteen and sixteen years, and in the second count with an indecent assault, may be convicted on that indictment of a common assault. R. v. Bostock, 17 Cox C. C. 700.

P. 240. A girl under the age of sixteen cannot be convicted for aiding and abetting the commission upon herself of an offence under sec. 5. R. v. Tyrell, 17 Cox C. C. 716.

P. 252. In a charge under sec. 11 of the Criminal Law Amendment Act, 1855, where the prisoner had procured the commission by another male person of an act of gross indecency with the prisoner himself, it was held by the Court for Crown Cases Reserved that the offence was complete. R. v. Jones & Bowerbank (1896), 1 Q. B. 4.

P. 272, note (j). — R. v. Barrett has been now expressly overruled by the Court for Crown Cases Reserved (Lord Coleridge, C. J., Hawkins, Mathew, Cave, and Day, JJ.) in R. v. Bellis, 17 Cox C. C. 660.

P. 284, note (c). But in a recent case, in which one prisoner was charged with feloniously shooting at a man with intent to do him grievous bodily harm, and another prisoner was charged with feloniously aiding and abetting him to commit the felony, and in which the jury found the one guilty of unlawful wounding, and the other guilty of aiding and abetting, the Court for Crown Cases Reserved (Lord Russell, C. J., Pollock, B., Grantham, Lawrance, and Wright, JJ.) upheld the conviction of both prisoners. The point raised was whether the second prisoner could, on such an indictment, be convicted of aiding and abetting in the misdeNo counsel appeared, and the case of R. v. Miller, 14 Cox, 356, and the fact that 14 & 15 Vict. c. 19, s. 5, is limited to cases where the

meanor.

indictment alleges that the defendant did cut, stab, or wound' do not seem to have been present to the minds of the Court. R. v. Waudby (1895), 2 Q. B. 482.

P. 349. In order to constitute the offence of sending a letter demanding money, with menaces, under sec. 44, it is not essential that the menace should be of injury to the person or property, or of an accusation of crime; so, where the prisoner sent a letter to the prosecutor, threatening to tell his wife and his friends of his 'doings with' a certain woman, it was held by the Court for Crown Cases Reserved that the conviction was good. R. v. Tomlinson (1895), 1 Q. B. 706.

- R. v. Gavin has been followed by Cave, J., in R. v.

P. 510, note (t).
Male and Cooper, 17 Cox C. C. 689.

INDEX

ΤΟ

THE THREE VOLUMES.

A.

ABANDONING CHILDREN, i. 196.
offence and punishment, iii. 286, 287.
murder by, iii. 10.

ABATEMENT,

pleas in, i. 38.

of nuisance, i. 755.

undue, of price of native commodities indictable, i. 476.

ABDUCTION, iii. 253. See KIDNAPPING.

forcible and fraudulent, of women, iii. 253, et seq.

offence at common law, iii. 253.

by statute, iii. 253.

of girl under eighteen for purposes of carnal knowledge, iii. 253.
reasonable belief that girl above eighteen, iii. 253, 258.

of heiress under twenty-one, iii. 253.

offender incapable of taking any property, iii. 254.

forcible abduction, iii. 254.

accessories after the fact, iii. 254.

detaining against woman's will, iii. 255.

construction of 3 Hen. 7 (now repealed), iii. 255.

county in which offence is committed, iii. 255, et seq.

taking with intent to marry, sufficient, iii. 256.

indictment, iii. 256.

unlawful abduction of a girl under sixteen from her parents or guar-

dians, iii. 258.

knowledge of defendant that girl was under age, immaterial, iii. 258.

girl leaving home voluntarily, iii. 259, 261.

rights over natural daughter, iii. 260.

construction of 4 & 5 Ph. & M. c. 8 and 9 Geo. 4, c. 31 (now repealed), iii.
260.

consent obtained by fraud, iii. 261.

force not necessary, iii. 261, 262.

marriage not consummated, iii. 263.

child taken for honest purpose, iii. 264.

parent allowing laxity of conduct, iii. 264.

age of custody, iii. 265.

forcible abduction and sending of persons into other countries, iii. 269.
masters of vessels forcing men on shore and leaving them, iii. 270.
child stealing, iii. 272.

ABETTORS. See AIDERS AND ABETTORS.