miscarriage, rape, burglary or felonious housebreaking, robbery from the person, arson, horse, bullock (including ox, cow, &c.), or sheep-stealing; or with being accessory before the fact to any of the offences aforesaid; or with receiving stolen property knowing the same to have been stolen, the court is authorized to order the sheriff to pay to such person such sum of money as it thinks proper to compensate for his expense, exertion, and loss of time in the apprehension. This reward is to be over and above the ordinary payments to prosecutors and witnesses (h). By a later Rewards statute, at the sessions the court may order such compensation to be paid in case of any of the above offences which they have jurisdiction to try; but the payment to one person must not exceed £5 (i). If any one is killed in endeavouring to apprehend a person charged with one of these offences, the court may order compensation to be made to the family (j). The amount to be paid in all such cases is subject to regulations which may be made from time to time by the secretary of state (k). (h) 7 Geo. 4, c. 64, s. 28. (i) 14 & 15 Vict. c. 55, s. 8. allowed at sessions. CHAPTER IV. PROCEEDINGS BEFORE THE MAGISTRATE. Accused to be WHEN an arrest has been made the accused should be taken before taken before a magistrate or magistrates with all the magistrate. reasonably possible speed. When arrested on suspicion he should not be detained before he is so taken, in order that evidence may first be collected. Proceedings before the magistrate. The depositions. The magistrate is bound to forthwith examine into the circumstances of the charge. In order to secure the attendance of witnesses to the fact, they 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 refuses to be examined, he is liable to imprisonment for seven days (7). The room in which the examination is held is not to be deemed an open court; and the magistrate may exclude any person if he thinks fit (m). When the witnesses are in attendance, the magistrate takes, in the presence of the accused, (who is at liberty by himself or his counsel to put questions to any witness produced against him), the statement on oath or affirmation of those who know the facts of the case, and puts the same in writing. These statements (technically termed depositions) are then read over to and signed respectively by the witnesses who have been examined, and by the magistrate taking such statements (n). The magistrate reads, or causes () 11 & 12 Vict. c. 42, s. 16. As this is the chief Act dealing with the subject of this chapter, reference merely to a section must be understood of that statute. (m) s. 19. (n) s. 17. to be read over to the accused these depositions; and asks him if he wishes to say anything in answer to the charge; cautioning him that he is not obliged to say anything, but that whatever he does say will be taken down in writing, and may be used in evidence against him at his trial; at the same time explaining that he has nothing to hope from any threat which may have been holden out to him to induce him to make any admission or confession of guilt. Whatever the accused then says is taken down in writing, and signed by the magistrate (o). The magistrate then asks the accused whether he Witnesses for desires to call any witnesses. If he does, the magis- the accused. trate, in the presence of the accused, takes their statement on oath or affirmation, whether such statement is given on examination or cross-examination, for they may be submitted to both. These statements, in the same way as those on the part of the prosecution, are read to and signed by the witnesses and by the magistrate. And the same rules apply to witnesses both for Binding over the prosecution and for the defence (other than those the witnesses. merely to character), as to being bound over by recognizance to appear and give evidence at the trial (p). If a witness refuses to enter into such recognizance, he may be committed to prison until the trial. The recognizances, depositions, &c., are transmitted to the court in which the trial is to take place (q). If the investigation before the magistrate cannot be Remand. completed at a single hearing, he may from time to time remand the accused to gaol for any period not exceeding eight days; or may allow him his liberty in the interval upon his entering into recognizances, with or without sureties, for re-appearance (r). (0) s. 18. (p) 30 & 31 Vict. c. 35, s. 3. (r) s. 21. Discharge. Committal for trial. The accused committed for trial. If, when all the evidence against the accused has been heard, the magistrate does not think that 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 or 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 (s). Under certain circumstances a third course is open to the magistrate; he may dispose of the case and punish the offender himself (t). It will be noticed that there are two forms of commitment to prison: (a) for safe custody; (b) in execution, either as an original punishment, or as a means of enforcing payment of a pecuniary fine, or of enforcing obedience to the sentence or order of a magistrate or the sessions. The warrant of commitment under the hand and seal of the committing magistrate, directed to the gaoler, contains a concise statement of the cause of commitment. By the Habeas Corpus Act (u) the gaoler is required, under heavy penalties, to deliver to the prisoner, or other person on his behalf, a copy of the warrant of commitment or detainer within six Imprisonment hours after demand. The imprisonment of which we pending trial. are now speaking is merely for safe custody and not for punishment; therefore, those imprisoned are treated with much less rigour than those who have been convicted. Thus, they may have sent to them food, clothing, &c., subject to examination and the rules made by the visiting magistrates. They have the option of employment, but are not compelled to perform any hard labour; and if they choose to be employed, and are acquitted, or no bill is found against them, an allowance is paid for the work (x). Bail. This admitting to bail consists in the delivery Bail. (or bailment) of a person to his sureties, on their giving security (he also entering into his own recognizances) for his appearance at the time and place of trial, there to surrender and take his trial. In the meantime, he is allowed to be at large; being supposed to remain in their friendly custody. We shall, in the first place, treat of the law of bail by the magistrate, and then of bail by the Queen's Bench Division and other exceptional cases. may bail. In what cases may, and in what cases may not a In what cases magistrate take bail? Not if the prisoner is accused a magistrate of treason. In that case it is allowed only by order of a secretary of state, or by the Queen's Bench Division, or a judge thereof in vacation. If the prisoner is charged with some other felony, or one of the misdemeanors enumerated below, the magistrate may, in his discretion, but is not obliged to, admit to bail. These misdemeanors are:-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 (y). In cases where, in the exercise of their discretion, the Principles magistrates have the power of admitting to bail or guiding magisrefusing it, the principle which is to guide them is the they may trates, when exercise their discretion as |