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VOL. II.
OF COURTS OF CRIMINAL JURISDICTION AND THE

MODES OF PROCEEDING THEREIN.

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LONDON:
PRINTED FOR S. SWEET, 3, CHANCERY LANE; R. PHENEY, INNER TEMPLE-LANE;

A. MAXWELL, 21, AND R. STEVENS AND SONS, 39, BELL YARD,
LINCOLN's

S INN; LAW BOOKSELLERS AND PUBLISHERS;
AND J, CUMMING, DUBLIN,

1824.

BIBLIOTHECA

REGIA

MONACENSIS

LONDON: PRINTED BY C. ROWORTH, BELL YARD,

TEMPLE BAR.

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All courts of criminal jurisdiction are courts of record, ch. 1. sect. 14.

And derive their authority from the crown, cb. 1. sect. 1. &c.
The PRINCIPAL COURTS of this kind are,

1. The court of the lord high steward, ch. 2.
2. The court of king's bench, ch. 3.
3. The court of the constable and marshal, ch. 4.
4. The court of the justices of oyer and terminer, ch. 5.
5. The court of justices of gaol-delivery, ch. 6.
6. The court of the justices of assize and nisi prius, ch. 7.
7. The court of conservators of the peace, ch. 8.
8. The court of justices of the peace, ch. 8.
9. The court of sessions, ch. 8.
10. The court of the coroner, ch. 9.
11. The sheriff's tourn, ch. 10.

12. The court-leet, ch. 11.
The first thing to be done in order to the bringing of a criminal to
justice is to arrest him.

Arrests are either without process from a court of record, or by
virtue of such

process.
And First, arrests without such process, are either,

1. By private persons, or,

2. By public officers.
Arrests of this kind by private persons are either,
1. Such as are commanded and enjoined by law, ch. 12. sect. 1

to 8.
2. Such as are permitted by law, ch. 12. s. 8 to 18.

3. Such as are awarded by law, ch. 12. sect. 22. &c.
Arrests of this kind by public officers, are either,

1. By watchmen, ch. 13. sect. 1 to 7.
2. By constables, ch. 13. s. 7 to 12.
3. By bailiffs of towns, eh. 13. s. 12.
4. By justices of peace, which are either,

1. By parol, ch. 13. s. 14.
2. By warrant, ch. 13. s. 15. to the end of the chapter.

Persons

1

Persons arrested are either to be,

1. Bailed, ch. 15.

2. Committed, ch. 16. Persons may be criminal, in preventing the bringing of offenders to public justice, several ways.

1. Before any arrest made.

2. After an arrest. Persons

may

be
so guilty before

any

arrest made.
1. By opposing an arrest, ch. 17. sect. 1.
2. By suffering a criminal to escape, ch. 17. sect. 2. 4.

3. By flying from an arrest, ch. 17. sect. 3. ch. 49. s. 14, 15, 16. Persons

may be so guilty after an arrest, either in respect of an arrest of themselves or of others.

Their offence in respect of an arrest of themselves, if without force, is called an escape, ch. 17. sect. 5.

If with force, it is called a breach of prison, ch. 18.
Their offence in respect of the arrest of others, is either,

1. Without force, or,

2. With force. Such offences without force come under the notion of escapes, and are either.

1. By officers (ch. 19) or,

2. By private persons, ch. 20. Such offences with force come under the notion of rescous, ch. 21.

Secondly, Arrests by process from a court of record may be made by virtue of two kinds of process.

1. Upon such as is awarded by the discretion of the court upon a

bare suggestion, or the knowledge of the justices.
2. Upon such as is awarded on an appeal, indictment, or informa-

tion.
Process of the first kind is generally called an attachment, ch. 22.
An ATTACHMENT lies either against,

1. The officers of the court, as,

1. Sheriffs and bailiffs, ch. 22. sect. 2 to 6.
2. Attornies, ch. 22. sect. 6 to 12.
3. Other officers of the court, ch. 22. sect. 12.

4. Jurors, ch. 22. sect. 14 to 25. or,
2. Against others, as,

1. Inferior judges, ch. 22. sect. 25 to 30.
2. Counsellors, ch. 22. sect. 30.
3. Gaolers, ch. 22. sect. 31.

4. Any other persons whatsoever, ch. 22. sect. 33,
Process on an appeal, indictment, or information, supposes such ap-
peal, indictment, or information, to be first exhibited.
An APPEAL is either,
1. By an innocent person, which may either be writ or by bill,

ch. 23,
2. By an offender confessing himself guilty, who is commonly
called an Approver, ch. 23.

Process

Process on an indictment or information supposes such indictment or
information to be first exhibited.
INDICTMENTS (ch. 25.) are of two kinds :

1. Such as are grounded on the common law, ch. 25. s. 55. to 99.

2. Such as are grounded on statute, ch. 25. sect. 99 to 118.
INFORMATIONS are of two kinds :

1. Such as are merely the suit of the king, ch. 26.
2. Such as are partly the suit of the king, and partly the suit of

party, ch. 26. sect. 17.
Process on an indictment or information may be either considered,
1. In general, without any particular regard to process of out-

lawry, ch. 27. sect. 1 to 113.
2. In particular, with regard to such process only, ch. 27. s. 113.
A criminal being brought into court is to be ARRAIGNED, or put upon
his trial, the manner whereof may

be considered,
1. As it relates to all criminals in general, ch. 28.

2. As it relates to principals and accessaries in particular, c. 29.
The party being arraigned, either,

1. Stands mute (ch. 30.) or,
2. Confesses, (ch. 31.) or,

3. Pleads.
Pleas are either,

1. Dilatory, or,

2. In chief.
The dilatory are either,

1. Declinatory, or

2. In abatement, ch. 34.
The declinatory are either,

1. Of the privilege of sanctuary, (ch. 32.) or,
2. Of the benefit of clergy, ch. 33.

3. Of transportation.
Pleas in chief are either,

1. In bar, or,

2. The general issue, ch. 38.
The principal pleas in bar are,

1. That of autrefoits acquit, ch. 35.
2. That of autrefoits attaint, or,
3. That of autrefoits convict, ch. 36.

4. That of pardon, ch. 37.
The plea of “not guilty” is triable either,

1. By the country, or,
2. By the peers, (ch. 44.) or,

3. By battle, ch. 45.
In order for a trial by the country

a jury must be returned,
1. From the proper county, ch. 40.
2. By proper process, ch. 41.
3. Before a proper court, ch. 42.

The

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