politan police district, which includes the whole county of Middlesex and all places within fifteen miles of Charing Cross, with the exception of the City of London, a constable may take into custody without warrant any person whom he may find between sunset and the hour of eight in the morning loitering or lying about, and unable to give a satisfactory account of himself, or any person charged with aggravated assaults, or any person whose address cannot be ascertained, whom he shall find offending against the Metropolitan Police Acts. (10 Geo. IV. c. 44; 2 & 3 Vict. c. 47; 17 & 18 Vict. c. 33.)

Q. Is there any difference in the consequences involved in an arrest, when made (1) by an officer, or (2) by a private individual?

A. Yes, there is this distinction: where the peace officer arrests, he is protected, though it should turn out that no such crime as supposed had been in fact committed by any one (provided he can show that he had reasonable ground for suspecting the party arrested); but if a private person arrests, he acts more at his peril, and is not protected unless he can prove an actual commission of the crime by some one, as well as a reasonable ground for suspecting the particular person. Further, it must be noted that a private person cannot on mere suspicion justify breaking open doors, which a constable may do, even without a

warrant.

Q. When may a search warrant be issued?

A.-By 24 & 25 Vict. c. 96, s. 103, if any credible witness shall upon oath prove before a justice of the peace a reasonable cause to suspect that any person

has in his possession, or on his premises, any property whatsoever, in respect to which any offence punishable under that act shall have been committed, the justices may grant a warrant to search for such property, as in case of stolen goods; and any person to whom any such property shall be offered to be sold, pawned or delivered, is required (if in his power) to apprehend and carry before a justice of the peace the person offering the same, together with such property.

Proceedings before Magistrates.

-How is the accused to be dealt with on being brought before the magistrate?

A.-The magistrate is bound to forthwith examine into the charge, witnesses may be served with a summons or warrant in a manner similar to that in which the presence of the accused is insured. If a witness refuse to be examined, he is liable to imprisonment for seven days; the magistrate takes in the presence of the accused the statement on oath or affirmation of those who know the facts of the case, and puts the same in writing, the accused being allowed to put by himself or his counsel any questions to witnesses brought against him. These statements (technically termed depositions) are then read over and signed respectively by the witnesses who have been examined, and by the magistrate taking such statements. These depositions are read over to the accused, and he is asked if he wishes to say anything in answer to the charge, and cautioned that he is not obliged to

say anything, but whatever he does say will be taken down in writing, and may be used in evidence against him at his trial. Whatever the accused then says is taken down in writing and signed by the magistrate. The accused is asked whether he desires to call any witnesses; if so, their statements are taken down. These statements, in the same way as those on the part of the prosecution, are read to, and signed by, the witnesses and the magistrate. If, when all the evidence against the accused has been heard, the magistrate does not think it is sufficient to put the accused on his trial for an indictable offence, he is forthwith discharged. But if he thinks otherwise, or the evidence raises a strong and probable presumption against the accused, he commits him for trial, either at once sending him to gaol so as to be forthcoming for trial, or admitting him to bail. (See hereon 11 & 12 Vict. c. 42; Har. Crim. Law, 327.)

Q.-When may the magistrate accept bail?

A. The magistrate cannot accept bail in cases of treason (when it can only be granted by a Secretary of State or a judge of the Queen's Bench Division), but he, the magistrate, may for any other felony or the following misdemeanors :

Obtaining or attempting to obtain property by false pretences, receiving property stolen or obtained by false pretences, perjury or subornation of perjury, concealing the birth of a child by secret burying or otherwise, wilful or indecent exposure of the person, riot, assault in pursuance of a conspiracy to raise wages, 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, or any misdemeanor for the prosecution of which the costs may be allowed out of the county rate. In other misdemeanors it is imperative on the magistrate to admit to bail.

Modes of Prosecution.

Q. What are the formal modes of prosecution? A.-Either upon a previous finding of the fact by an inquest or grand jury, or without such previous finding: the former way is either by presentment, or by indictment; the latter by information.

Q.-What is a presentment?

A.-A presentment, properly speaking, is the notice taken by a grand jury of any matter or offence from their own knowledge or observations, without any bill of indictment laid before them at the suit of the Crown: as the presentment by them of a nuisance, a libel, and the like, upon which the officer of the court must afterwards frame an indictment before the party prosecuted can be put to answer.

Q. What is an indictment?

A.-An indictment is a written accusation that one or more persons have committed a certain felony or misdemeanor, such accusation being preferred to, and (being found true) presented to the court on oath by a grand jury.

Q. What is the duty of the grand jury?

A. When the grand jury have heard the evidence, if they think it a groundless accusation, they indorse on the back of the bill "not a true bill,"

H.

N

or (which is the better way) "not found," and then the bill is said to be "thrown out," and the party is discharged without further answer. But a fresh bill may afterwards be preferred to a subsequent grand jury. On the other hand, if they are satisfied of the truth of the accusation, they indorse upon it "a true bill," anciently billa vera. The indictment is then said to be found, and the party stands indicted. But to find a bill there must at least twelve of the jury agree (the jury may consist of twenty-four persons). (4 Steph. Comm. p. 360.)

Q.-Give the form of an indictment.

A.-Suffolk, to wit: The jurors for our lady the Queen, upon their oath, present that John Styles on the 1st day of June, in the year of our Lord 1876, three pairs of shoes and one waistcoat of the goods and chattels of John Brown feloniously did steal, take and carry away, against the peace of our lady the Queen, her crown and dignity. (See Har. Crim. Law, p. 337.)

Q.-On what ground may an indictment be quashed ? A. That some essential ingredient of the offence is omitted or not stated with sufficient certainty; but all formal defects must be objected to before the jury are sworn. Where, however, the defect does not alter the nature or quality of the offence an amendment will be permitted, as in the following:

(1) The name or description of any place, or of any owner of property forming the subject of charge;

(2) The name or description of any person injured;