other criminal jurisdictions in boroughs, other than are specifi jurisdictions to try treasons, capital felonies, and all other criminal Capital jurisjurisdictions whatsoever granted or confirmed by any law, statute, dictions, and all letters patent, grant, or charter whatsoever to any mayor, bailiff, alderman, recorder, or other corporate or chartered officer, or corporate or chartered justice of the peace whomsoever, in any borough, and all right of any body corporate in any borough, or any of the members thereof, by virtue of any law, statute, letters patent, grant, or charter whatsoever, to elect or nominate any justices to keep the peace in or for any borough, or by any members of any such corporate body to act as such justices of the peace in or for any of the last-named boroughs other than is therein declared, shall cease. By sect. 108. After the passing of that act so much of all laws, statutes, and usages, and so much of all royal and other charters, grants, and letters patent theretofore granted to any borough or body corporate, whereby such borough, or any place within the precincts or liberties of the same, or such body corporate, or the freemen or inhabitants of the same, claimed to be exempted and released from the jurisdiction and office of the Lord High Admiral of England, or of the High Court of the Admiralty of England, or whereby any body corporate, or any mayor, bailiff, recorder, steward, or other chartered or corporate officer of any borough had or claimed any thing belonging to the office of admiral, whether or not to be exercised by virtue of any commission to them or any of them to be directed, is thereby repealed: Provided that nothing in that act contained shall extend to alter or affect the jurisdiction and office of the Lord Warden in his office of admiral of the cinque ports. By sect. 109. The provisions of the 38 G. 3. c. 52. are extended to Bristol, Chester, Exeter, and Berwick-upon-Tweed, which last place is to be deemed a county of a town. By sect. 110. Provides for the trial of offenders before the 1st May, 1836, committed for trial at any court whose jurisdiction is thereby abolished. ed in this act, abolished. Chartered admiralty jurislished. dictions abo Certain exceptions in 38 G. 3. c. 52. repealed. By sect. 7. the 2 & 3 W. 4. c. 69. (intituled, An Act to prevent Members of the Application of Corporate Property to the purposes of Election of corporations Members to serve in Parliament), it is enacted, that any mem- authorizing ber of a municipal corporation, who shall authorize, direct, or com- election purpayments for mand any payment, transfer, or application thereby forbidden, or poses guilty of who shall assent to or concur or participate in any affirmative, vote, a misdemeaorder, or proceeding relating thereto, or shall sign or seal in his nor. individual capacity, or affix the corporate seal to any deed or instrument thereby declared void, shall be guilty of a misdemeanor, and being thereof convicted in the Court of King's Bench, at Westminster, shall, in addition to such punishment as the court may award, be for ever disabled to take, hold, or exercise any office in the same corporation. See further as to corporations under the following titles in this Supplement.-Constable, Coroner, Costs, County-Rate, Gaol, Jury, Justices, Lighting, Sessions, Sheriff, Watchmen, and Venue. Boroughs to pay the expenses of prosecutions at the assizes. Treasurers of every county to ders sent from any borough for trial at the assizes, to be paid out of each borough fund. In cases of difference the accounts to be referred to arbitration as pro vided in 5 G. 4. c. 85. Felony. When, in pursuance of a recognizance, a bill of indictment is prefered and found, costs may be allowed although the defendant is not in custody. Costs. Page 240. By the 5 & 6 W. 4. c. 76. (for the regulation of Municipal Corporations) sect. 113., after reciting the 7 G. 4. c. 64. s. 25. it is enacted, that all sums directed to be paid by virtue of the said recited act, in respect of felonies and misdemeanors enumerated in the said recited act, committed or supposed to have been committed in any borough in which a separate court of quarter sessions of the peace shall be holden, shall be paid out of the borough fund of such borough, anything in the said act contained notwithstanding; and the order of the court shall in every such case be directed to the treasurer of such borough instead of the treasurer of the county. By sect. 114. The treasurers of counties shall keep an account of all costs arising out of the prosecution, maintenance, and punishment, conveyance and transport of all offenders committed for trial to the assizes in such county, from any borough in which a separate court of quarter sessions of the peace shall be holden, and shall, not more than twice in every year, send a copy of the said account to and make an order for payment of the same on the council of such borough, and the council of such borough shall forthwith order the same, with all reasonable charges of making and sending such account, to be paid to the treasurer of such county out of the borough fund; and in case any difference shall arise concerning the said account it shall be decided by the arbitration of a barrister, to be named as is provided in the case of differences with respect to the payment of monies under contracts made by authority of 5 G. 4. c. 85. And the powers given by the last mentioned act of contracting with the justices of the peace having the authority or jurisdiction in and over any gaol or house of correction of the county wherein or where such borough is situated, or whereto it is adjacent, for the conveyance, support, and maintenance, in such lastmentioned gaol or house of correction, of prisoners committed thereto from such borough, shall after the first day of May, 1836, be vested in the council of such borough, and for the purpose of making such contracts as aforesaid, the council of such borough shall have power to make the orders required by the said last-mentioned act. Page 340. § 2. Costs are never paid to prisoners charged with felony. R. v. Crowe, 4 C. & P. 251. Littledale, J. Upon In a case of housebreaking, a prosecutor and his witnesses were bound by recognizance to prosecute and give evidence at the assizes; they attended there and preferred an indictment which was found. The prisoner had by mistake been discharged by proclamation at a previous adjourned quarter sessions, and had absconded. motion for the costs, Taunton, J. allowed them, and said," the usual course where a bill is found and the party is not in custody, is, that no expenses should be allowed until after the party is taken and brought to his trial. I think that as the bill has been preferred and found, I may under the word "prosecuted" in G. 4. c. 64. s. 22. order the expenses. But if the witnesses had merely appeared here according to their recognizances, and no bill had been pre ferred, I think that I should have had no authority." R. v. Robey, 5 C. & P. 552. V. Rees for amination. tendance before coroner. Quarter A surgeon attending as a witness in a case of manslaughter, can Manslaughter; only be allowed the costs for his attendance on the trial. He cannot be post mortem exallowed any fee or costs for opening the body in pursuance of an order by the coroner. R. v. Edwin Taylor, 5 C & P. 301. Littledale, J. Nor can any costs be allowed by a judge at the assizes to wit- No costs of atnesses for their attendance before the coroner. R. murder, 5 C. & P. 302. Littledale, J. Page 242. § 12. When a statute authorizes justices to convict in a penalty, and gives an appeal to the quarter sessions, enabling the sessions. court to award costs to the parties appealing, or appealed against. Upon an appeal against a conviction under such a statue, the informer is the party appealed against and liable to costs if the appellant succeed. And in a case where the court of quarter sessions had ordered the informer to pay costs to the appellants, the court of King's Bench granted a mandamus to the justices to issue a warrant to levy such costs. R. v. Hants Js. 1 B. & Ad. 654. Page 343. § 19. Where an indictment for felony is removed by Certiorari. certiorari into the court of King's Bench, and is tried upon a record Felony. issuing out of that court, the expenses of the prosecution cannot be allowed under the 7 G. 4. c. 64. s. 22. R. v. Kelsey, I Dow, P. C. 481. Order of reference-special jury. Upon an indictment for a riot, removed by the prosecutor by cer- Misdemeanor. tiorari into the Court of King's Bench, and tried at nisi prius, the prosecutor and witnesses are not entitled to costs under the 7 G. 4. c. 64. s. 23. R. v. Joseph Johnson and others, Ry. & M. C. C. 173. An indictment for a nuisance which had been removed into the King's Bench, and made a special jury case, was referred by consent at nisi prius. The order of reference stated, that if the arbitrators should be of opinion that the defendant was guilty and the prosecutor entitled to costs, the defendant agreed to pay the costs. The arbitrator did so find. The court of King's Bench held that the prosecutor was not entitled to the costs of the special jury, as the judge had not certified under 6 G. 4. c. 50. s. 34. and the order of reference had not expressly given the arbitrator power to award those costs. It was also held that the general term costs, did not include the costs of the reference and award. R. v. Moate, B. & Ad. 235. And see Certiorari, VII. ante, p. 1527. Cotton Factories. Page 344. By the 1 & 2 W. 4. c. 39.—the 59 G. 3. c. 66.-60 G. 3. c. 5. -6 G. 4. c. 63.-10 G. 4. cc. 51 & 63. have been repealed, and provisions are made relating to apprentices and other young persons employed in cotton factories, and cotton mills. Most of the provisions of the 1 & 2 W. 4. c. 39. are, however, reenacted by the 3 & 4 W. 4. c. 103. for regulating the labour of children and young persons in mills and factories of the United Kingdom. For which see the title Children, ante, p. 1531. Before justices. Stating confessions. Conversation. Cannot argue in support of witness' objection to answer a question. Invalidity of indictment at nisi prius. Chester and Counsel. Page 344. 1. Justices may exercise discretion as to whether they will allow any and what persons to act as advocates in any proceedings before them. Collier v. Hicks, 2 B. & Ad. 663. 2. "The correct practice for the counsel for the prosecution, in a case of felony, is not to state any expressions that are supposed to have been made use of by a prisoner, or the exact words of any supposed confession, but he may state their general effect." Per Patteson, J. after conferring with Bosanquet, J. in R. v. Swatkins and others, 4 C. & P. 548. 3. In the case of R. v. Deering and Atkinson, for burglary, the counsel for the prosecution was about to state a conversation between a witness and one of the prisoners; this being objected to by the counsel for the prosecution, Garrow, B. said, If the counsel for the prosecution thinks fit to open the evidence, I cannot control him. R. v. Deering and Atkinson, 5 C. & P. 165. and S. P. Anon. in note (a). 5 C. & P. 166. Alderson, J. 4. If a witness objects to answer questions on the ground that they may subject him to criminal proceedings, the counsel on the opposite side cannot argue in support of the witness's objection. The privilege is that of the witness not of the party, and therefore counsel have no right to interfere for the purpose of excluding an examination to which, as against their client, there is no objection. R. v. Adey, Mo. and Rob. 94. Lord Tenterden, C. J. Thomas v. Newton, M. & M. S. P. 48. Ld. Tenterden, C. J. 5. Counsel are not allowed to argue at length at nisi prius the invalidity of an indictment, for the purpose of inducing the court to refuse to try it. R. v. Abrahams, Mo. and Rob. 7. Lord Tenterden, C. J. County. Page 345. § 2. By 11 G. 4. & 1 W. 4. c. 70. ss. 13, 14. The jurisdiction of the courts at Westminster is extended to the county palatine of Chester and the several counties in Wales, and the jurisdictions hitherto subsisting therein are abolished. By 4 & 5 W. 4. c. 48. s. 1. All business appertaining to the assessment, application, or management of the county stock or rate, or funds, which justices are authorized to do at general or quarter sessions, shall be done and transacted publicly and in open court. By sect. 2. Two weeks' public notice shall be given in two newspapers of the time of holding the sessions, and also of the day and hour at which the business, relating to the assessment, &c. of the county stock or rate, will commence. Page 347. § 3.-By sect. 112. of the 5 & 6 W. 4. c. 76. (for the regulation of Municipal Corporations) after the grant of a separate court of quarter sessions of the peace to any borough, every part of such borough shall be discharged from any rate or assessment for the county in which it is situated. And by sect. 117. of the same act, the treasurer of every county shall keep a separate account of the receipts and expenditure out of the county rate, for other purposes than the costs of prosecutions, and shall send a copy of the account not more than twice a year to the council of every borough having a separate court of quarter sessions and which, before the passing of the 2 & 3 W. 4. c. 64., was liable to contribute to the county rate, and shall make an order on the council of such borough for the payment of such a proportion of such expenditure, (after deducting sums received in aid, &c.), as would have been chargeable upon such borough if that act had not passed, and which the council shall order to be paid out of the borough fund. Proviso that differences are to be settled as provided by 5 G. 4. c. 85. relating to the building, &c. of gaols. See title Costs, ante, p. 1578. Boroughs hav ing separate quarter sessions exempted. But such boroughs to contribute to wards the county expeu diture for purposes other than prosecutions. Appeal against Page 347. § 6.-It is no ground of appeal against a county rate, that individuals in one parish are rated in a higher proportion than in a county rate. another. R. v. Justices of Westmoreland, 10 B. & C. 226. Customs. Page 352. By 3 & 4 W. 4. c. 50. all the statutes relating to the customs (not repealed by 6 G. 4. c. 105.) are repealed. This branch of the public revenue is now regulated by the 3 & 4 W. 4. c. 51. for the management of the customs;-c. 52. for the general regulation of the customs;-c. 56. for granting duties of customs;c. 57. for warehousing goods;-and c. 58. for granting bounties and allowances of customs. Sect. 39. of 6 G. c. 4. s. 112. is re-enacted by 3 & 4 W. 4. c. 57. s. 41. Dead Bodies. See Anatomy. H |