PROCESS.

oste the same within the said last-mentioned [county],* and to bring the said 4. B. if apprehended within the same [county], before me, or before some other justice or justices of the peace of the same [county], to be dealt with according 11 & 12 Vict. to law.

Given under my hand, this day of

18

J. L.

c. 42. (Backing warrants.)

* The words following this asterisk are to be used only where the justice backing the warrant shall think fit, and may be omitted in backing English warrants in Ireland, Scotland, &c., or in backing Irish or Scotch warrants, &c., in England.

Any justice, by virtue of his commission, may issue a search warrant on Search warrant. a sworn information by the owner of any stolen property, or by some person on his behalf, that he has reasonable cause to suspect that such property is upon any premises within the justice's jurisdiction; this power is also given by statute in various other cases, which will be noticed as they occur. By the 34 & 35 Vict. c. 112, s. 16, "Any constable may under the circumstances hereafter in this section mentioned be authorized in writing by a chief officer of police to enter, and if so authorized may enter, any house, shop, warehouse, yard, or other premises in search of stolen property, and search and seize and secure any property he may believe to have been stolen, in the same manner as he would be authorized to do if he had a search warrant, and the property seized, if any, corresponded to the property described in such searoh warrant. In every case in which any property is seized in pursuance of this section the person on whose premises it was at the time of seizure, or the person from whom it was taken if other than the person on whose premises it was, shall, unless previously charged with receiving the same knowing it to have been stolen, be summoned before a court of summary jurisdiction (k) to account for his possession of such property, and such court shall make such order respecting the disposal of such property, and may award such costs as the justice of the case may require. It shall be lawful for any chief officer of police to give such authority as aforesaid in the following cases, or either of them:-1st. When the premises to be searched are, or within the preceding twelve months have been, in the occupation of any person who has been convicted of receiving stolen property or of harbouring thieves;-or 2nd. When the premises to be searched are in the occupation of any person who has been convicted of any offence involving fraud or dishonesty, and punishable by penal servitude or imprisonment: and it shall not be necessary for such chief officer of police on giving such authority to specify any particular property, but he may give such authority if he has reason to believe generally that such premises are being made a receptacle for stolen goods." For search warrant for intoxicating liquors on unlicensed premises, see 35 & 36 Vict. c. 94, s. 35, “INTOXICATING LIQUORS," post.]

WITNESSES (SS. 16, 20).

16. "If it shall be made to appear to any justice of the peace, by the oath affirmation of any credible person, that any person within the jurisdiction of such justice (1) is likely to give material evidence for the prosecution,

(k, That is, two justices, or the Lord Mayor, or a police or stipendiary magistrate (Id. s. 15).

A Crown Office subpoena must be obtained for a witness out of the jurisdiction. If the witness is in prison, the Secretary of State or one of the adges of Queen's Bench, Common Pleas, or Exchequer may order him to be brought up (16 & 17 Vict. c. 30, s. 9). The summons of a police magistrate in the metropolis is not limited as to place.

WITNESSES.

Summons.

and will not voluntarily appear for the purpose of being examined as
a witness at the time and place appointed for the examination of the
witnesses against the accused, such justice may and is hereby required to
issue his summons to such person, under his hand and seal, requiring him
to be and appear at a time and place mentioned in such summons before the
said justice, or before such other justice or justices of the peace for the same
county .. or place as shall then be there, to testify what he shall
know concerning the charge made against such accused party; and if any
person so summoned shall neglect or refuse to appear at the time and place
appointed by the said summons, and no just excuse shall be offered
for such neglect or refusal, then (after proof upon oath or affirmation
of such summons having been served upon such person, either personally or
by leaving the same for him with some person at his last or most usual
place of abode), it shall be lawful for the justice or justices before whom
such person should have appeared to issue a warrant under his or their
hands and seals to bring and have such person at a time and place to be
therein mentioned before the justice who issued the said summons, or
before such other justice or justices of the peace for the same county
or place as shall then be there, to testify as aforesaid, and which said
warrant may, if necessary, be backed as hereinbefore is mentioned, in
order to its being executed out of the jurisdiction of the justice who shall
have issued the same; or if such justice shall be satisfied by evidence upon
oath or affirmation that it is probable that such person will not attend to
give evidence without being compelled so to do, then, instead of issuing
such summons, it shall be lawful for him to issue his warrant in the first
instance, and which, if necessary, may be backed as aforesaid;

And if on the appearance of such person so summoned before the said last-
mentioned justice or justices, either in obedience to the said summons or
upon being brought before him or them by virtue of the said warrant, such
person shall refuse to be examined upon oath or affirmation concerning the
premises, or shall refuse to take such oath or affirmation, or, having taken
such oath or affirmation, shall refuse to answer such questions concerning
the premises as shall then be put to him, without offering any just excuse
for such refusal, any justice of the peace then present, and having there
jurisdiction, may by warrant under his hand and seal commit the person so
refusing to the common gaol or house of correction for the county,. . .
place where such person so refusing shall then be, there to remain and be
imprisoned for any time not exceeding seven days, unless he shall in the
meantime consent to be examined and to answer concerning the premises."

or

20. "It shall be lawful for the justice or justices before whom any such witness shall be examined as aforesaid to bind by recognizance the prosecutor and every such witness to appear at the next court of oyer and terminer or gaol delivery, or superior court of a county palatine, or court of general or quarter sessions of the peace, at which the accused is to be tried, then and there to prosecute, or to prosecute and give evidence, or to give evidence, as the case may be, against the party accused,-which said recognizance shall particularly specify the profession, art, mystery, or trade of every such person entering into or acknowledging the same, together with his christian and surname, and the parish, township, or place of his residence, and if his residence be in a city, town, or borough, the recognizance shall also particularly specify the name of the street, and the number (if any) of the house in which he resides, and whether he is owner or tenant thereof or a lodger therein;-and the said recognizance, being duly acknowledged by the person so entering into the same, shall be subscribed by the

(m) Witnesses for the defence may now be summoned and bound over under these sections, see post, p. 17.

WITNESSES.

c. 42.

justice or justices before whom the same shall be acknowledged, and a notice thereof, signed by the said justice or justices, shall at the same time be given to the person bound thereby." [A witness refusing to be so bound 11 & 12 Vict. may be committed for safe custody until the trial, unless he sooner enters into such a recognizance. The section further orders that these recognizances shall be sent with the written information (if any), the depositions, statement of the accused, and bail recognizance (if any) to the proper officer of the court where the trial is to be held.]

Under 7 Geo. 4, c. 64, ss. 22, 23, amended and enlarged by 14 & 15 Expenses (n). Vict. c. 55, the justice committing or bailing any person for trial for any felony and the misdemeanours given below, may make any order for the prosecutor's and his witnesses' expenses and loss of time in attending before him; the scale of allowances to be regulated by the Secretary of State. By 30 & 31 Vict. c. 35, s. 5, these provisions are extended to the prisoner's witnesses, and by 29 & 30 Vict. c. 52, to witnesses in such cases when the charge is dismissed but has been preferred bona fide. The justice grants a certificate of expenses, upon the production of which the clerk of assize or clerk of the peace, as the case may be, makes an order for payment upon the treasurer of the county, or division, &c., or upon the treasurer or other officer of liberties not contributing to the county rate. The costs may be allowed in:-1st. Felonies.-2nd. Assault with intent to commit felony; attempt to commit felony; riot; knowingly receiving stolen property; assault upon a peace officer in the execution of his duty, or upon any person acting in his aid; neglect or breach of duty as a peace officer; assault in pursuance of any conspiracy to raise the rate of wages; knowingly obtaining property by false pretences; wilful and indecent exposure of the person; wilful and corrupt perjury; and subornation of perjury.-3rd. Unlawfully and carnally knowing and abusing any girl above 10 and under 12 years of age; unlawfully taking or causing to be taken any unmarried girl, under the age of 16, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her; conspiring to charge or to indict a person of felony ; conspiring to commit felony.-4th. Common assaults.-5th. Offences under the consolidated statutes 24 & 25 Vict. cc. 96-100.

The scale at present authorized for attendance before the examining justices is :

To prosecutors or witnesses, being members of the profession of law or medicine, resident in the city or place where the examination is held, or within two miles of the place, for attending to give professional evidence, and not otherwise, a sum not' exc. for each attendance

If residing elsewhere

And for mileage, not exceeding 3d. per mile each way.

To prosecutors and witnesses being constables:

1st. Attending the bench of magistrates when the examination is held on any police duty, and constables paid by salary and attending from a distance not exceeding three miles

£ 8. d.

0 10 6

Nil.

(a) Where the charge is dismissed (in cases 1, 2, and 3) the expenses may be allowed to the prosecutor and witnesses if the charge has been bona fide preferred; the certificate is to be signed by the justice as in cases committed for trial and sent to the clerk of the peace, who is to lay it before the next quarter sessions (29 & 30 Vict. c. 52, continued by 36 & 37 Vict. c. 75).

WITNESSES.

(Expenses.)

Unless the magistrate certify that there were special
reasons, and specify them in the certificate, then each
day not exc.

2nd. Paid by salary, and not attending the bench of magis-
trates on any police duty, for attending from more than
three and not exc. seven miles, each day not exc.
If attending from more than seven miles
3rd. Paid by salary, if necessarily detained all night, each
night not exc.

(The allowances to constables paid by salary are condi-
tional upon the same being applicable to their personal
benefit.)

And for mileage:

If necessarily travelling to the place of examination on any
police duty
(Unless the magistrate specify any special reason upon
the certificate, then the same as other constables).
If not attending the place of examination on any police duty,
and entitled to be conveyed under 7 & 8 Vict. c. 85, s. 12,
and able to travel by railway-

(a) To superintendents, inspectors, sergeants and con-
stables, the lowest amount authorized by statute for
their conveyance.

(b) To constables able but not so entitled to travel, and
not attending the place on any police duty, railway
fare as to ordinary witnesses.

(c) To constables not able to travel by railway, and not
attending the magistrate on any police duty, for
every mile beyond four miles each way they shall
travel to reach the place of examination, not exc. each
way

(d) To constables able partially to travel by railway,
for every mile after the first four miles each way in
reaching such conveyance, not exc.
And railway fare as other constables.

To prosecutors and witnesses not hereinbefore provided for, if
resident in the city or place where the examination is taken, or
within two miles of the place, for their trouble and loss of time,
for each day not exc.

If resident elsewhere, and beyond two miles, or if detained
from home more than four hours

If detained from home more than six hours

If residing at such a distance as to render it necessary to
sleep from home, for each night not exc.

And for mileage:

If the prosecutor or witness reside more than two miles from
the place of examination, second-class fare for the whole
or any part of the journey which can be performed by
railway, and for a journey or part of a journey performed
otherwise, not exc. per mile each way

The mileage to be computed by the nearest available
route. No allowance to be made for attendance in
more than one case on the same day.

0 0 3

To the governor of a gaol attending to prove a former conviction in any court not within the jurisdiction in which such gaol is situate, a sum for each day not to exceed 78.; and when detained all night he shall receive in addition for the night the same as other witnesses.

To any other officer of a gaol, as above, 3s. 6d. per day, and the same as other witnesses if detained all night.

To an officer of a gaol for attendance at any court to give evidence of a former conviction

In cases of prisoners brought up by habeas corpus, or other legal
process, to give evidence for the prosecution:-
To a governor, for his loss of time, trouble and expenses, for
each day he attends

To other officers

And mileage, not exc. per mile each way.

The above allowances are not to be made to any gaoler
or officer having custody of prisoners for trial at the
place where such prisoner is to give evidence in
respect of the time such gaoler or officer shall be
present by virtue of his office.

To attorneys for the prosecution giving evidence, if in the opinion of the court such evidence was necessary and saved the attendance of another witness

For scientific witnesses and interpreters the allowance may be such as the court may think reasonable; and, in case of the illness or inability of the prosecutor or witness to travel without some special conveyance, the above rates may be departed from, but the reason must be given upon the certificate or order.

£ 8. d. WITNESSES.

0 3 6

0 12 0
060

0 1 0

. 068

THE EXAMINATION (ss. 17-19, 21-34; 30 & 31 Vict. c. 35,

ss. 6, 7).

(Expenses.)

THE EXAMINATION.

The place where the examination is held is not an open court (o), the 11 & 12 Vict. justice may order that no one shall be in it (s. 19). Witnesses may be ordered out of court; but if they disobey the order their evidence cannot

c. 42.

be rejected (Chandler v. Horne, 2 M. & Rob. 423), though they may be Open court. punished for contempt of court.

17. "In all cases where any person shall appear or be brought before any Depositions (p), justice or justices of the peace charged with any indictable offence, whether how to be taken;

(0) It must be borne in mind that this does not refer to summary proceedings.

(p) Depositions.-The manner of taking depositions varies; in some places it is usual, in all indictable cases, to take down the evidence in the form of a deposition at once; in others, abbreviated notes are taken of the examination before the magistrate, copied verbatim (while other work is proceeding), and afterwards read over to the witnesses in the presence of the magistrate and the accused, the accused having every opportunity of cross-examining the witnesses and of objecting, as well as the witnesses, if the evidence is taken down incorrectly. The former mode is the more correct; but the latter has been approved, and depositions so taken have been held admissible