God, the defendant is not liable to the costs of the day. Rex v. Barrett, 2 Lewin, C. C. 263-Patteson. Where on removing an indictment from the sessions, by certiorari, a recognizance is given by two in 201. each, under 5 & 6 Will. & M. c. 11, ss. 2, 3, to secure the costs, such recognizance will not be discharged till all the costs are paid, though they exceed 401. Rex v. Teal, 13 East, 4. Upon an indictment for perjury, removed by certiorari, if the prosecutor gives notice of trial to the defendant, and withdraws his record countermanding his notice in time, he shall pay costs to the defendant. Rex v. Bartrum, 8 East, 269. If a prosecutor, having removed an indictment by certiorari, gives notice of trial for the assizes, and brings down the record, and withdraws it after it has been entered for trial, the judge at the assizes cannot order the prosecutor to pay the defendant the costs of the day; but a motion must be made in the court of King's Bench. Rex v. Watton, 4 C. & P. 229-Bolland. 6. Taxation. The court of Queen's Bench has no jurisdiction to review the taxation, by the clerk of assize, of the costs of an indictment for libel on the crown side of the assizes. Reg. v. Newhouse, 1 B. C. C. 129; 22 L. J., Q. B. 127-Erle. der the defendant's bankruptcy, the court will not issue an attachment against him, or estreat his recognizance for non-payment, although they were not taxed in the regular course until after the bankruptcy; but such proof is no discharge of the bail. Reg. v. Hills, 2 El. & Bl. 176; 22 L. J., Q. B. 322; 6 Cox, C. C. 174; 1 C. L. R. 575. On the removal by certiorari of an indictment for disobedience of an order of sessions, the defendant and two sureties entered into the usual recognizance under 5 & 6 Will. & M. c. 11, s. 2, which made no mention of costs. The defendant was convicted and attached for non-payment of the costs, and the recognizance was estreated into the Exchequer. On the petition of the defendant and his sureties, the court stayed the proceedings on the recognizance as regarded the defendant, on account of his poverty, but without prejudice to the liability of the sureties. Reg. v. Thornton, 4 Exch. 820; 19 L. J., M. C. 113. Several defendants were found guilty of a nuisance. The prosecutor being entitled to costs, as a party grieved, under 5 & 6 Will. & M. c. 11, s. 3, obtained a rule for taxing the costs as against all:Held, that, upon non-payment of the costs, an attachment against one was regular. Reg. v. Dobson, 9 Q. B. 302; 10 Jur. 905; 15 L. J., Q. B. 376. 7. Enforcing Payment. Where a side-bar rule is issued under 5 & 6 Will. & M. c. 11, s. 3, and an attachment is moved for by 1. the prosecutor for non-payment of the costs, it is not necessary to have an affidavit that the prosecutors are the parties grieved. Reg. v. Hills, 2 El. & Bl. 176; 17 Jur. 714; 22 L. J., Q. B. 322. Where costs of the prosecution of an indictment removed by certiorari have been proved as a debt un LIX. PARTICULAR OFFENCES. Compounding Felonies and Informations. Felonies.]-The law does not authorize a private person to forego a prosecution upon any terms; and even if a promise is given and broken in such a manner as a jury would consider scandalous, yet, in point of law, that will not make any differ ence. Reg v. Daly, 9 C.& P. 342— Gurney and Erskine. LIX. EXTRADITION TREATIES. 1. In general, 622. 1. In General. If, in an indictment for compounding felony, it is averred that the defendant did desist, and from that time hitherto had desisted, from all further prosecution; and it By 29 & 30 Vict. c. 121, s. 1, appears, that, after the alleged com- warrants of arrest and copies of pounding, he prosecuted the offend-"depositions, signed or taken by or er to conviction, the judge will" before a judge or competent magdirect an acquittal. Rex v. Stone,"istrate in any foreign state with 4 C. & P. 379-Bosanquet. "which her Majesty may have en"tered into, or may hereafter enter Informations.]-The 18 Eliz. c." into, any treaty for the extradition 5, which prohibits the compounding" of fugitive offenders, or persons of any offence upon colour or pre- "accused of crime, shall henceforth tence of process, or without process "be received in evidence if authenupon colour of any offence, against "ticated in the manner following, any penal law, does not apply to of" that is to say, if the warrant of fences cognizable only before mag- arrest purports to be signed by a istrates; and an indictment for com- "judge or other competent magispounding such an offence will be "trate of the country in which the bad in arrest of judgment. Rex v. "same shall have been issued, and Crisp, 1 B. & A. 282. "if the copies of depositions purA popular indictment must not port to be certified under the be compounded after conviction." hand of such judge or magistrate Brery q. t. v. Levy, 1 W. Bl. 443." to be true copies of the original On an indictment on 51 Eliz. c. depositions, and if the signature 5, s. 4, for compounding an offence" of the judge or magistrate in each against 13 Geo. 3, c. 84, s. 13,"case shall be authenticated in the and taking money without pro-"manner usual in the respective cess to prevent an action being states or countries by the proper brought-Held, that the party so" officer of the department of the doing was liable to the punishment" minister of justice, and sealed with prescribed by the former act for "the official seal of such minister; taking such penalty without leave" and all courts of justice and magof a court at Westminster, or with- "istrates in her Majesty's dominions out judgment or conviction. Rex v." shall take judicial notice of such Gotley, R. & R. C. C. 84. "official seal, and shall admit the A. threatened B. that he would" documents so authenticated by it inform against him for selling spirits" to be received in evidence without without a licence, unless B. would" of." give him a sum of money. B. had By s. 2, "the act shall be connot, in fact, sold any spirits, but he "strued with the 8 & 9 Vict. c. gave A. the money to prevent an"113, for facilitating the admission information.:-Held, that A. was "in evidence of official and other indictable under 18 Eliz. c. 5, s. 4, "documents, and also with the 14 although B. had not committed any " & 15 Vict. c. 99, amending the offence, and although no informa-" law of evidence." tion was ever preferred, nor any By 30 & 31 Vict. c. 143, the process sued out. Reg. v. Best, 9" duration of the act is limited to C. & P. 368; 2 M. C. C. 125. "the 1st September, 1868." These provisions, authorising the admission in evidence of copies of depositions certified in the manner therein specified, are inapplicable where the original depositions are produced, and such original depositions may be received in evidence without being so certified. Dubois, In re, alias Coppin, 12 Jur., N. S. 867; 36 L. J., M. C. 10; 14 W. R. 24; 15 L. T., N. S. 165; 2 L. R., Ch. App. 47-C. "As to the forms of the warrant "of apprehension and of commit66 ment," see 8 & 9 Vict. c. 120. 2. With America. By 6 & 7 Vict. c. 76, s. 1, in case requisition should be made at any time by the authority of the United States, in accordance with a treaty between them and this country of the 9th of August, 1842, for the delivery of any person charged with piracy committed within the jurisdiction of the United States, who shall be found within the territories of her Majesty, it shall be lawful for one of the secretaries of state, by warrant under his hand and seal, to signify that such requisition has been made, and to require all justices of the peace to govern themselves accordingly, and to aid in apprehending the person so accused, and committing such person to gaol for the purpose of being delivered up to justice-Held, that the statute has reference, not to acts of piracy jure gentium, which are equally cognisable by all nations, but only to such acts as are constituted piracy by the municipal law of the United States, and which are, therefore, not punishable elsewhere than in their jurisdiction. Tivnan, or Ternan, In re, 5 B. & S. 645; 11 Jur., N. S. 34; 9 Cox, C. C. 522; 33 L. J., M. C. 201; 12 W. R. 858; 10 L. T., N. S. 499. It is sufficient if a warrant of a justice, ordering the apprehension of a person, in compliance with this statute, is made in the form given by 8 & 9 Vict. c. 120. Ib. In order to enable a justice of the peace to issue his warrant under the statute for the apprehension and committal for trial of an accused person, it need not appear that there was an original warrant for his apprehension in the United States, or depositions taken against him there. 16. The warrant need not allege that the evidence before him was taken upon oath. Ib. In time of peace any act of depredation on a ship is primâ facie an act of piracy: but in time of war between two countries, the presumption is that depredation by one of them on a ship of the other is an act of legitimate warfare. It is immaterial whether the act was done by soldiers or volunteers, and whether it was commanded by the belligerent state, or when done ratified by it. Ib. The 6 & 7 Vict. c. 76, following the language of a treaty between this country and the United States of America, enacts, that all persons charged with the crime of murder, or assault with intent to commit murder, or with the crime of piracy, or arson, or robbery, or forgery, or the utterance of forged paper, may be delivered up to justice, means such acts as amount to any of those offences according to the law of England, and the general law of the United States, and does not comprise offences which are only such by the local legislation of some particular state of the American union. Windsor, In re, 6 B. & S. 522; 10 Cox, C. C. 118; 11 Jur., N. S. 807; 34 L. J., M. C. 163; 13 W. R. 653; 12 L. T., N. S. 307. A paying teller of a bank at New York, and as such was accountable for the cash at the bank, kept the paying teller's book, called the proof book, and proved his cash by it every day. From this book the general bookkeeper took his figures to shew the condition of the bank on the general ledger from day to day. The book in question was one of the books of account at the bank, and the property of the bank. In it he entered by the paying teller from the receiving teller's books, or from the lists of the deposits, the money received each day, and also the amounts paid out by the paying teller, or amounts for which the bank was responsible each day. The proof book also contained a statement of the assets of the bank in coin and cash, so that the proof books should each shew each day the exact amount of money in the bank. He falsely and with intent to defraud entered a certain sum in the book as assets of the bank :Held, that this was not a forgery by the law of England or the general law of the United States, and, therefore, that he could not be giv en up under 6 & 7 Vict. c. 76. Ib. |