NOTE. plainly expressed in the warrant, or be in custody in execu- But If the officer refuse to make a return, or make an insufficient return, he is guilty of a contempt, and a warrant or an attachment will be issued against him at once, without having recourse to an alias and pluries habeas, R. v. Winton, 5. T. R. 89. See 56 Geo. 3, c. 100, s. 2, ante 511. But an attachment will not be granted to accompany the habeas corpus, R. & Earl Ferrers, 1 Burr. 631. Or he may be indicted for the injury to public justice, or an action on the case will lie against him for a false and improper return, R. v. Clerk, 1 NOTE. Salk. 349; but the truth of the return can never, in criminal cases, be controverted upon the discussion, neither can the defendant suggest any matter repugnant to it; but he may suggest matter which will avoid its effect, 2 Hawk. c. 113; Bac. Abr. Hab. Corp. B. 11. Before the return is filed, it may be amended in matters of form, or by introducing an averment of a matter of fact, Bac. Abr. Hab. Corp. B. 12. But no amendment can be made after it is filed, R. v. Mountnorris, Ir. T. R. 460. A habeas corpus being issued by a judge in vacation, To whom it returnable immediaté before himself at chambers, may be returned into the court of King's Bench, if the term have commenced, R. v. Shebbeare, 1 Burr. 460; or if, upon a writ so returnable, the party be brought before the single judge, he may adjourn the return, and direct him to be brought into court in term time, R. v. Clarke, 1 Burr. 606. is to be re turned. return. The party being brought up, the next consideration is, of proceed. whether he shall be bailed, remanded, or absolutely dis- ings on the charged. The depositions upon which the commitment is founded, are generally ordered to be returned, that the court, by examining them, may be aware of the amount of the offence, although it may not be fully or correctly stated in the warrant of commitment, R. v. Stewart, Batty 139. For if the court, notwithstanding the informality of that instrument, be able to discover that there is a corpus delicti which constitutes a felony, they will not bail the prisoner as of right, but may perhaps remand him, R. v. Marks, 3 East 157. Where persons were contined without warrant, on a charge of smuggling and suspicion of murder, and it appeared to the court on the return of the habeas corpus, that they might be guilty of the crimes charged, they were committed to the marshal, in order that they might be taken before a magistrate for examination, and to be further dealt with according to law, Ex parte Krans, 1 B. & C. 258. If it be uncertain, both from the depositions and commitment, whether a treason or felony has been committed by the prisoner, but that, at all events, he has been guilty of a great misdemeanor, the court will require ample sureties, Burn, J. Hab. Corp. II. The King's Bench may remand the prisoner to the same gaol, and order him to be brought up from time to time until they have determined to discharge or order him to be detained in prison, Anon. I Ventr. 330; or he may be bailed to appear de die in diem, until the matter of the return be determined, R. v. Davison, Ld Raym. 603. If the court ascertain that there has been no pretence for imputing crime to the prisoner, he will be discharged, Bushell's Case. Vaugh. 156. So a so, if ne has been a long time in custody, e. g. two years, and no attempt made, or undertaking given by the attorney general to bring on the trial, R. v. Fitzgerald, I Wils. 254 ; R. v. Bell, Andr. 64. But if the return shew a sufficient cause, though it be NOTE. false, or if, independent of the return, the court can ascertain a sufficient cause, he will be either bailed or remanded, according to the strength and seriousness of the charge, Com. Dig. Hab. Corp. F. If the prisoner have been committed by the coroner for manslaughter, the court will read the evidence given on the inquest, and upon the return of the writ, will use its discretion as to bailing the prisoner. But this would not be done after the finding of an indictment by a grand jury, because the evidence given before that tribunal is secret, R. v. Dalton, 2 Str. 911. If he be If the court decide that the prisoner shall be remanded, it may either be to the marshalsea, R. v. Shebbeare, 1 Burr. 460, or to the prison from whence he came, Sir R. Peyton's Case, Ventr. 346; but not to the custody of a king's messenger, although brought up by him, R. v. Shebbeare. bailed, after a removal by habeas corpus, the number of sureties always required is four, R. v. Dalton, 2 Str. 911, who enter into recognizances, together with their principal, in the usual way, that he shall appear and take his trial. Where the defendant is in depressed circumstances, the court will permit him to have the recognizances entered into before a magistrate of the county, named in the rule, R. v. Massey, 6 M. & S. 108. If he is to be discharged, the court, in most cases, leaves him at liberty to go where he pleases, seeing that he is under no illegal restraint; but, in the case of a young lady, the court ordered the tipstaff to wait upon her home to her guardians, R. v. Clarkson, 1 Str. 444. A boy of thirteen, being brought up by habeas corpus, sued out by his father, to have him delivered from his aunt, the court left him to go where he pleased, and would not sunimarily determine the right of guardianship, R. v. Smith, 2 Str. 982, Ridyw. C. T. Hardw. 149; and see R. v. Delaval, 3 Burr. 1434. If a sane person, confined by her husband in a madhouse, is brought up, and intends to demand the peace, but has not articles prepared, the court will permit her to go with a friend, he undertaking to produce her, R. v. Turlington, 2 Burr. 1114. CHAPTER IV. OF THE LIMITATION OF PROSECUTIONS. 2 Geo. 1, c. 20(a), s. 1. Whereas, no time is limitted by the law for prosecutions for words, whereby great inconveniences may happen, and the person accused may be disabled to make such defence as he might have made, if he had been prosecuted and tryed for the same in a short time after the crime committed: for remedy whereof, be it enacted &c., that no No prosecu person or persons shall be prosecuted for any words that shall be tion for words, unless spoken, after the twenty-fourth day of June, (1716), by in- information dictment or information in any courts of law or justice, unless be given as information of speaking such words be given upon oath before one or more justice or justices of the peace, of the county, city, or town, where such words shall be spoken, within one calendar month, or before one of the judges of his majesty's court of chief place, within two calendar months after the words are spoken. herein. bound to appear next sessions. 2. That upon such information, if the case shall require it, Whereupon the lord chief justice, or other judge of the King's Bench, or a warrant shall issue, such justice or justices of the peace, shall issue his or their and defenwarrant or warrants for apprehending and bringing the per- dant shall be sons so accused before him or them, or some other of his majesty's justices of the peace of the county, city, or town, assizes or where such words shall be so spoken; and the lord chief justice or judges of the King's Bench, or such justice or justices of the peace, before whom such offender shall be brought, shall oblige him, her, or them, to appear the next term, assizes, or sessions, which shall be held for the county, city, or town, where such words shall be spoken, in order to his, her, or their tryal. 3. That all actions, suits, bills, indictments, or informa- Prosecutions tions, which, after the first day of July, (1716), shall be had, on penal stabrought, sued, or exhibited, for any forfeiture upon any sta- the forfeiture tutes, where tute penal, made or to be made, whereby the forfeiture is or is to the king shall be limitted to the king, his heirs or successors only, shall only, shall be be had, brought, sued, or exhibited within two years next after offence. after the offence committed, or to be committed against such act penal, and not after two years; and that all actions, suits, in two years (a) Entitled "An Act to limit the time for criminal prosecutions for words spoken." But if the forfeiture be to the king the latter in one year after 2 G. 1, c. 20. bills, or informations, which, after the said first day of July, shall be had, brought, sued, or commenced, for any forfeiture upon any penal statute made or to be made, the benefit and suit whereof is or shall be by the said statute limitted to the and prosecu- king, his heirs or successors, and to any other which shall protor, it may be brought by secute in that behalf, shall be had, brought, sued, or commenced by any person that may lawfully pursue for the same offence, or by as aforesaid, within one year next after the offence committed, or to be committed against the said statute; and in default of such pursuit, that then the same shall be had, sued, exhibited, or brought for the king's majesty, his heirs or successors, at any time within two years after that year ended and if any action, suit, bill, indictment, or information, for any offence against any penal statute made or to be made, shall be brought after the time in that behalf before limitted, that then the same shall be void and of no effect; any act or statute made to the contrary notwithstanding. the king in two years after that one year. But prosecutions to be in shorter time if limited by any penal statute. : 4. Provided always, that where any action, information, indictment, or other suit, is or shall be limitted by any statute penal to be had, sued, commenced, or brought, within shorter time than is afore rehearsed, that in every such case, the action, information, indictment, or other suit, shall be brought within the time limitted by such statute. NOTE. There is no general statute of limitation in criminal cases. Offenders therefore, may be prosecuted at any time during their lives, unless some period has been fixed by a statute applying to the particular crime, 1 Ch. C. L. 160. The court of King's Bench however, has laid down certain rules of practice for its guidance in granting rules for criminal informations. No criminal information can be moved for in the last four days of term, R. M. T. 17 Geo. 3, 1 H. & Bro. 36, n. unless the matter complained of has occurred in that term, R. v. Clendenning, 1 H. & Bro. 36. Criminal informations against magistrates, R. v. Harries, 13 East. 270; R. v. Bishop, 5 B. & Ald. 612, and public officers, R. v. Hartley, 4 B. & Adol. 869, n. must be moved for, at furthest, in the second term after the offence is alleged to have been committed, there being no intervening assizes. In the case of private persons, the only variation which this rule has received, is, that where the offence complained of is a libel, the period of its coming to the applicant's knowledge is that from which the time is to be counted, R. v. Jollie, 4 B. § ¿dol. 867. |