What is subornation of perjury?

The procuring another to take such a false oath as constitutes perjury in the principal.

What is the punishment for perjury and subornation of perjury?

They are both misdemeanors. The punishment by Common Law was fine and imprisonment, but by statute for not more than seven, nor less than five years, and by 3 Geo. IV. c. 114, hard labour in addition to or in lieu of any term of imprisonment or other punishment.

CHAPTER VIII.

COURTS OF A CRIMINAL JURISDICTION.

Mention the principal criminal Courts of public and general jurisdiction, distinguishing those whose jurisdiction extends over the whole kingdom from those which are of local jurisdiction?

(i.) The High Court of Parliament.

(ii.) The Court of the Lord High Steward.

(iii.) The Crown side of the Queen's Bench Division.

(iv.) The Admiralty Division.

(v.) The Courts of Oyer and Terminer and General Gaol Delivery.

(vi.) The Central Criminal Court.

(vii.) The Court of General Quarter Sessions of the Peace.

The jurisdiction of the first four extends over the whole kingdom, whilst the remaining three have only a local one.

If a peer be indicted for treason or felony during the recess of Parliament by what Court is he tried?

By the Court of the Lord High Steward of Great Britain.

What is the jurisdiction of the Crown side of the Queen's Bench Division?

It has jurisdiction in all criminal causes from treason to breaches of the peace. And indictments may be removed into the Queen's Bench from the inferior Courts by writ of certiorari and tried either at bar or at nisi prius.

Give some account of the Court of Star Chamber, and when was it abolished?

It was a Court of very ancient original, consisting of divers lords spiritual and temporal (being privy councillors), together with two

judges of the Courts of Common Law without the intervention of any jury. Their jurisdiction extended legally over riots, perjury, misbehaviour of sheriffs, and other notorious misdemeanors contrary to the laws of the land. It was abolished by statute, 16 Car. I. c. 10.

What are the Courts of Oyer and Terminer, and what is their jurisdiction?

They are held twice in the year in every county before the Queen's Commissioners, among whom are usually the judges of the Courts at Westminster, the metropolis and parts of adjacent counties only excepted. They sit by the general authorities of (i.) the commission of the peace before alluded to; (ii.) of oyer and terminer to hear and determine treasons, felonies, and misdemeanors within the county; (iii.) the general gaol delivery, empowering them to try and deliver any prisoner who shall be in the gaol when the judges come on circuit; and (iv.) by commission of nisi prius involving trials of a civil nature as before mentioned, and subject to the 29th section of 36 & 37 Vict. c. 66.

To what counties does the jurisdiction of the Central Criminal Court extend, and of what judges is it composed?

It was established by 4 & 5 Will. IV. c. 36; it sits monthly, and has jurisdiction of all offences committed in London and Middlesex, and in certain specified portions of the adjacent counties of Essex, Kent, and Surrey. The Lord Mayor and Lord Chancellor, the judges of the High Court, and the aldermen are in reality all judges, but those who sit to try the prisoners are some of the judges of the High Court, the Recorder, the Common Sergeant, and the judge of the Sheriff's Court.

What is the Court of Quarter Sessions, and on what cases has it jurisdiction?

The Court is held in every county once in every quarter of the The Court is held before two or more justices of the peace, year. one of whom must be of the quorum. It has jurisdiction in smaller misdemeanors and felonies, such as offences relating to game, highways, alehouses, the Bastardy Acts, settlements of the poor, &c.

How many justices of the peace must be present to hold a Court of Quarter Sessions?

Two or more must be of the quorum.

CHAPTER IX.

SUMMARY CONVICTIONS.

What do you mean by the term "summary conviction?”

In summary proceedings there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only as the law appoints, as in the case of frauds against the revenue laws or before justices of the peace for minor offences, or those mentioned in 24 & 25 Vict. cc. 96, 97, and 42 & 43 Vict. c. 49.

In what cases can justices of the peace dispose of indictable offences under " The Summary Jurisdiction Act, 1879?"

(1.) Where a child who, in the opinion of the Court of summary jurisdiction before whom he is brought, is under the age of twelve years, is charged with any indictable offence other than homicide, and the parent or guardian, when informed by the justices of his right to have the child tried by a jury, does not object to the case being disposed of summarily.

(2.) Where a young person, between the ages of twelve and sixteen, is charged with simple larceny, larceny from the person, larceny or embezzlement as a clerk or servant, or the guilty reception of stolen goods, or aiding or procuring the commission of any of the above offences, or attempting to commit them, and consents to be dealt with summarily.

(3.) Where an adult, of the age of sixteen or upwards, is charged with simple larceny or other of the offences lastly above mentioned, and in the opinion of the Court the value of the property in respect of which the offence is alleged to have been committed does not exceed forty shillings, and the party consents to be dealt with summarily.

There is, however, a proviso that if the offence is one which, by reason of a previous conviction or indictment of the person charged, is punishable with penal servitude, the Court shall not deal with the case under this Act.

In what way has the course of summary proceeding before a Court of summary jurisdiction been regulated by statute? and within what time must such proceedings be taken?

Where a written information has been laid before a justice of the peace for any offence committed within his jurisdiction punishable on summary conviction, he is to issue his summons to the party charged requiring him to appear and answer the charge, and if the summons be disobeyed, he may then issue a warrant to

apprehend him, and bring him before the Court, or, if the justice think fit, he may, if the information be supported by the oath of the prosecutor, cause a warrant instead of a summons to be issued in the first instance. By the general rule, however, and subject to exceptions in any particnlar case where a different limitation as to time is provided by Act of Parliament, every such information must be laid within six calendar months from the time when the matter arose.

Upon what grounds can a person aggrieved by a conviction or order of a Court of summary jurisdiction apply to have a special case stated?

Upon the ground that the conviction or order is erroneous in point of law, or in excess of jurisdiction. If the Court declines to grant the case, the party may apply to the High Court for an order requiring the case to be stated. (42 & 43 Vict. c. 49, s. 33.)

CHAPTER X.

ARRESTS.

What is an arrest ?

The apprehending or restraining of one's person in order to be forthcoming to answer a crime whereof one is accused or suspected, which may be done either (i.) by warrant; (ii.) by an officer without warrant; (iii.) by a private person without warrant, who is present when any felony is committed; and (iv.) by hue and

cry.

Under what circumstances can (i.) a constable, (ii.) a private person, make an arrest without warrant?

(i.) A constable may so arrest any person for a treason, felony, or breach of the peace committed in his view, or upon his own reasonable suspicions; also any person found lying or loitering in any highway, yard, or other place during the night, and whom he suspects of having committed or of being about to commit certain felonies as mentioned in 24 & 25 Vict. cc. 97 and 100; and by 27 & 28 Vict. c. 47, s. 6, any person who having been sentenced to penal servitude holds a licence to be at large, and is reasonably suspected by him to have committed any offence or broken any of the conditions of such licence; and by 34 & 35 Vict. c. 112, he is enabled thus to arrest (if authorized by the chief police officer of his district) any person whom he has reasonable grounds for

believing to be getting his livelihood by dishonest means, or even (without such special authority) who is found in any place, public or private, under circumstances that show that he was about to commit some offence, or who is found in any house or in such other situations as are specified in the above Act without being able to account satisfactorily for his being so found. Any private person who is present when any felony is committed, may, and is even bound to arrest the felon, on pain of fine and imprisonment if he negligently permit him to escape; and by 14 & 15 Vict. c. 11, any one found committing any indictable offence by night or committing any of the larcenies or similar offences punishable under 24 & 25 Vict. c. 96, except only angling in the daytime, &c.

CHAPTER XI.

COMMITMENT AND BAIL.

What is commitment?

The confinement of one's person in prison for safe custody by warrant from proper authority, unless in bailable offences he puts in sufficient bail or security for his future appearance.

What are the powers and duties of magistrates with respect to admission to bail?

Magistrates are bound to admit to bail in all cases of misdemeanor, except such as the Act of 11 & 12 Vict. c. 42 particularly enumerates. And in felonies (treason excepted), as well as to the misdemeanors so enumerated, they have a discretionary power as to

bail.

CHAPTER XII.

THE SEVERAL MODES OF PROSECUTION.

What is prosecution, and what are the various methods?

A prosecution, which is the manner of accusing offenders, is either by the previous finding of a grand jury, as (i.) by presentment; (ii.) by indictment, or without such finding; or, (iii.) by information.