A DIGEST

EH ASU ZZd

OF THE

LAW OF CRIMINAL PROCEDURE

IN INDICTABLE OFFENCES.

BY

SIR JAMES FITZJAMES STEPHEN, K.C.S.I., D.C.L.,

A JUDGE OF THE HIGH COURT OF JUSTICE, QUEEN'S BENCH

DIVISION,

AND

HERBERT STEPHEN, ESQ., LL.M.,

OF THE INNER TEMPLE, BARRISTER-AT-LAW.

London:

MACMILLAN AND CO.

1883.

[All Rights Reserved.]

LELAND STAREGO, JR., YEMATY

LAW DEPARTMENT.

LONDON:

PRINTED BY WILLIAM CLOWES AND SONS, LIMITED,

STAMFORD STREET AND CHARING CROSS.

CONTENTS.

PART I.

EXTENT OF THE CRIMINAL LAW WITH REGARD

TO PLACE, PERSONS, AND TIME.

18. The Court of the Lord High Steward

19. Trials for Treason and Misprision in the House of Lords and the

Court of the Lord High Steward

20. Exclusive Jurisdiction of House of Lords in respect of Persons

and Offences

21. Jurisdiction of House of Lords on Impeachment by the House

of Commons

22. The High Court of Justice (Queen's Bench Division)

23. The Crown Courts at the Assizes

24. Of the Persons to whom the said Commissions are issued. Com-

missions and Writs of Association and Si non Omnes.

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9

10

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15

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OF JUSTICES OF THE PEACE—THEIR QUALIFICATION

AND APPOINTMENT.

28. Duties of a Justice of the Peace

29. Appointment and Removal of Justices of the Peace

30. Of the Qualification of County Magistrates

31. Borough Magistrates.

32. Metropolitan Stipendiary Magistrates

33. Other Stipendiary Magistrates

OF COURTS OF QUARTER SESSION.

37. General Quarter Sessions and General Sessions

38. Borough Quarter Sessions

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26

27

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ART.

39. The Jurisdiction of Courts of Quarter Session in Criminal Cases

40. Constitution of the County Courts of Quarter Session

41. Constitution of the Borough Courts of Quarter Session

42. Court to be opened and adjourned by Mayor in Recorder's absence

51. Election upon a Vacancy

52. Elections, how held

53. Deputy-Coroner

54. Coroner not to act as Solicitor in cases where Inquest held before

60. County Coroners act in Boroughs which have no Coroner

CHAPTER VIII.

TERRITORIAL DIVISION OF ENGLAND FOR ADMINIS-

TRATION OF CRIMINAL JUSTICE.

61. Counties and Circuits

62. Assize Counties

63. District of the Central Criminal Court

64. Commissions of the Peace.

65. Local Authority of Magistrates depends on their Commissions

66. When County Magistrates excluded by Borough Commission

and when not

36

38

39

40

40

41

CHAPTER IX.

LOCAL JURISDICTION OF THE CRIMINAL COURTS.

67. The House of Lords and the Court of the Lord High Steward 42

68. The House of Lords on an Impeachment