which it has been held a writ of error would lie:-in perjury, where the court has not competent authority to administer the oath; in libel, if the words do not appear to be libellous; in false pretences, if it is not shown what the false pretences were. (Castro v. Murray, 32 L. T. 675; Har. Crim. Law, p. 469.) Q.-State shortly the proceedings upon a writ of error. A.-Before suing out the writ of error it is necessary to obtain the fiat of the attorney-general on showing reasonable ground of error. This is at the discretion of the attorney-general, but is not generally refused; indeed, in misdemeanors, it is granted as a matter of course. The writ is delivered to the clerk of the peace or other officer of the court to which it is directed, who has the custody of the indictment. He makes up the record and makes out the return to the court. The party suing assigns his errors. The Crown joins in error. The case is argued, and judgment of affirmance or reversal given. The court of error may either pronounce the proper judgment itself, or remit the record back to the inferior court in order that the latter may pronounce judgment. If judgment is affirmed the defendant may be at once committed to prison, and if he does not surrender within four days a judge may issue a warrant for his apprehension. If judg ment is reversed, all the former proceedings are null and void, and the defendant is in the same position as if he had never been charged with the offence; therefore he may be indicted again on the same ground. In the interval before the result of the proceedings in error is known, in cases of misdemeanor the defendant is discharged from custody on entering into the recognizance with sureties required by the acts mentioned below; in felonies, he remains in custody. (Har. Crim. Law, p. 469.) -What are the functions of the Court for Crown Cases Reserved, and how is it constituted? A.-If any question of law arises at a trial for treason, felony or misdemeanor, which the court (whether a judge at the assizes, the justices or recorder at the quarter sessions) deems its inexpedient or impracticable to decide at once and of itself, it reserves the point for the consideration of the Court for Crown Cases Reserved: provided, of course, a conviction takes place, for otherwise there would be no need for further consideration. Such court consists of the judges of the High Court of Justice, or five of them at least, of whom the Lord Chief Justice of England must be one. The court reserving the point may respite execution of the judgment on such conviction, or postpone the judgment until the question is decided; and in either case, to secure the appearance of the defendant when he is required, the court will in its discretion either commit him to prison or take a recognizance of bail with one or two sureties. (Har. Crim. Law, p. 471.) Q H. Reprieve. Q.-What is a reprieve? A.—A reprieve (reprendre) is the withdrawing of a sentence for an interval of time, whereby the execution of a criminal is suspended. (4 Blk. p. 394.) Q.-By whom and on what grounds may reprieves be granted? A. This may be in the first place ex mandato regis, that is, the mere pleasure of the Crown expressed to the court by which execution is to be awarded. Again, there may be a reprieve ex arbitrio judicis, either before or after judgment; as where the judge is not satisfied with the verdict, or the evidence is suspicious, or the indictment is insufficient, or sometimes, if any favourable circumstances appear in the criminal's character, in order to give room to apply to the Crown for either an absolute or conditional pardon. These arbitrary reprieves may be granted or taken off by the justices of gaol delivery, although their session be finished and their commission expired, but this rather by common usage than of strict right. Reprieves may also be ex necessitate legis, as where a woman is capitally convicted and pleads her pregnancy, though this is no cause to stay the judgment, yet it is to respite the execution till she be delivered. In case this plea be made in stay of execution, the judge must direct a jury of twelve matrons or discreet women to inquire the fact, and if they bring in their verdict quick with child (for barely with child, unless it be alive in the womb, is not sufficient), execution shall be stayed generally till the next session, and so from session to session, till either she is delivered, or proves by the course of nature not to have been with child at all. Another cause of regular reprieve is, if the offender became non compos between the judgment and the award of execution. (4 Steph. Comm. p. 471.) Q. What provisions are, by a recent statute, made for detention of a criminal lunatic? A.-By the Criminal Lunatics Act, 1884, 47 & 48 Vict. c. 64, it is provided: Where it appears to any two members of a visiting committee of a prison that a prisoner therein, not under sentence of death, is insane, they shall call to their assistance two legally qualified medical practitioners, and such members and practitioners shall examine the prisoner, and may certify in writing that he is insane. In the case of a prisoner under sentence of death, if it appears to a Secretary of State by any means that there is reason to believe a prisoner to be insane, he shall appoint two such practitioners to examine the prisoner, and they may in writing certify that he is insane; thereupon a Secretary of State may by warrant direct such prisoner to be removed to an asylum named therein until he ceases to be a criminal lunatic. (Sect. 2.) An annual report as to the state of such lunatic is to be made by the superintendent of the asylum. (Sect. 4.) The prisoner may be remitted to prison on his becoming sane (sect. 3); and provision is to be made for the safe keeping of an insane prisoner at the end of his sentence. (Sects. 6 & 7). Q.-By whom may a pardon be granted? Q.-For what offences can no pardon be granted? A.—The sovereign may pardon all offences merely against the Crown or the public, excepting (1) that, to preserve the liberty of the subject, the committing any man to prison out of the realm is by the Habeas Corpus Act, 31 Car. II. c. 2, made a præmunire unpardonable even by the king; nor (2) can a king pardon where private justice is principally concerned in the prosecution of offenders, "non potest rex gratiam facere cum injuriâ et damno aliorum." For example, he cannot pardon a common nuisance while it remains unredressed or so as to prevent an abatement of it, though afterwards he may remit the fine; and this, because though the prosecution is vested in the king to avoid multiplicity of suits, yet during its continuance this offence savours more of the nature of a private injury to each individual in the neighbourhood than of a public wrong. Q.-In what form must a pardon be? A.-It must be by warrant under the great seal, or under the sign manual. Execution. Q.-By whom and in what manner must an execution be carried out? A.-Execution is carried out by the sheriff or his deputy, thus giving effect to the sentence of the judge. It is the usage for the judge at the end of the assizes to sign the calendar containing the prisoners' names and sentences. This is left to the sheriff as his |