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the jury deliberate on their verdict, and until a verdict be given they cannot be discharged. If they find the prisoner not guilty, be is liberated: but if they find him guilty, he is said to be coNVICTED of the crime whereof he stands indicted.

Upon conviction, two collateral circumstances immediately arise-1. On conviction, or even upon aequittal, when there was sufficient ground to prosecute, the reasonable expenses of the prosecutor are to be allowed out of the county stock, if he petition the judge for that purpose. Also, persons appearing upon recognizance or subpoena to give evidence, are entitled to their expenses, and a compensation for loss of time. 2. On a conviction of lareeny, the prosecutor shall have restitution of his goods, which the jadge usually orders to be immediately carried into effect, with respect to goods brought into court.

The next stage of a criminal process is the JUDGMENT. Upon a capital charge, when a jury have brought in their verdict of guilty, in the presence of the prisoner, he is either immediately, or at a convenient time after, asked if he has anything to offer why judgment shall not be awarded against him; after which, if Lothing can be urged in arrest of judgment, the judge pronounces

Sentence.

Of the different punishments annexed to crimes we shall have occasion to speak hereafter; some are capital, and consist either in the culprit being hung by the neck till dead, or the punishment of death being recorded against him, and commuted. Other sentenes impose imprisonment, transportation, forfeitures, or disability from holding certain offices, or pecuniary penalties. Lastly, some punishments are chiefly ignominious, though mostly accompanied with some degree of corporal pain; as hard labour in the house of correction.

Eforts have been made within the last thirty years to reform criminal treatment, either by the introduction of better moral diseipline into prisons, or by mitigating the severity of punishments, rendering them more certain and equal in their operation, or more #itable to the refinement of the age. The practice of publicly or privately whipping females was abolished by 1 G. 4, c. 57, as also that of burning women convicted of petty treason. Hanging in Lains or dissecting the bodies of murderers is prohibited, 4 & 5 W. 4. c. 26. The punishment of the pillory is entirely abolished, 1 V. c. 23. Capital punishment has been abolished for rape, and forry of every kind; also for sacrilege, letter-stealing, horse or cattle deling, house-breaking, embezzlement by servants of Bank of Erand and South Sea Company; for forging stamp marks on rid and silver plate; for fraudulently using old deed stamps; for rotonsly demolishing churches and chapels, &c.; stealing in a dwelling-house to the amount of five pounds; and for returning from transportation. The only offences to which the extreme penalties of the law are now applicable, are treason, murder, sodomy,

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and burglary with murderous intent, robbery and arson, either accompanied with an attempt to murder, or grievous personal violence. The 1 V. c. 90, prohibits any offender from being subjected to solitary confinement for any longer period than one month at a time, or than for three months in the space of a year.

The abolition of capital punishment for so many offences, and other changes in the law, have tended almost entirely to abrogate the old feudal consequences which heretofore attended the passing of sentence of death-namely, attainder, forfeiture of property, and corruption of blood. Attainder and corruption of blood are now limited to murder and high treason, and forfeiture in suicide and other felonies is limited to goods and the profit of lands during the life of the offender; except in treason or murder, when the lands are absolutely forfeited. Leaving these, let us resume the course of criminal procedure. If there be no reversal of judg ment by any proceeding in error, the only remaining way of avoiding the execution of the sentence is by a REPRIEVE

PARDON.

or

A reprieve or respite is merely a suspension of the execution, and may be either before or after judgment. If the judge is not satisfied with the verdict, or the evidence is suspicious, or the indictment is insufficient; or if it be a small felony, or any favourable circumstance appears in the criminal's character, he may grant time to apply to the crown for entering an absolute or conditional pardon. In this case the judge sends a memorial or certificate to the queen, directed to the secretary of state's office, stating that, from favourable circumstances appearing at the trial, he recommends him to the queen's mercy, and to pardon, upon condition of transportation or other secondary punishment.

Reprieves may also arise from natural causes, as where a woman is capitally convicted, and pleads her pregnancy. In this case the judge directs a jury of matrons to inquire into the fact, and if they bring in their verdict quick with child (for, unless the child be alive in the womb, it is not sufficient), the execution is stayed, either till she be delivered, or proves, by the course of nature, not to have been with child at all. But if she prove with child a second time, she cannot have the benefit of this reprieve; for she may be executed before the child quickens, and the law will not be evaded by her incontinence.

Another cause of reprieve is, if the offender become insane between the judgment and execution; for, though a man be sane when he commits a crime, yet, if he become insane after, he shall not be indicted; if after indictment, he shall not be convicted; if after conviction, he shall not receive judgment; if after judgment, he shall not be ordered for execution.

The power of PARDON is vested in the sovereign, and may be granted for all offences against the crown and the public. But the sovereign cannot pardon for civil injuries, where the interest of

individuals is principally concerned; nor can the queen pardon a common nuisance while it remains unabated, though she may afterwards remit the fine; nor can she pardon an offence against a penal statute after information brought, for then the informer bas acquired a private property in his share of the penalty. Neither can a pardon from the crown be pleaded against a parliaEentary impeachment.

A pardon must be either under the great seal, or by warrant under the royal sign manual, countersigned by one of the principal secretaries of state. A pardon may be conditional; as capital punishment may be commuted to hard labour, or transportation for life or a term of years.

The last stage of criminal progress is EXECUTION, which must, in all cases, be performed by the sheriff or his deputy. The warrant for execution was anciently by precept under the hand and seal of the judge; but the usage now is for the judge to sign the calendar, er list of all the prisoners' names, with their separate punishments in the margin: as, for a capital felony, it is written opposite the eulprit's name, let him be hanged by the neck!

The forms observed on this important occasion are briefly these. At the end of the assizes, the clerk of the assize makes out in writing four lists of all the prisoners, with separate columns, containing their crimes, verdicts, and sentences, leaving a blank column, in which, if the judge has reason to vary the course of the law, he writes opposite the names of the capital convicts, to be reprieved, respited, transported, &c. These four calendars, being first carefully compared together by the judge and the clerk of assize, are signed by them, and one is given to the sheriff, one to the gaoler, and the judge and clerk of assize each keep another. This forms the only warrant of the sheriff for the execution, and if he afterwards receives no special order from the judge, he executes the judgment of the law in the usual manner, agreeably to the directions of his calendar. The forms observed vary a little in some counties; as, in Lancashire, no calendar is left with the gaoler, but che is sent to the secretary of state.

The practice of the Central Criminal Court has been assimilated to that of other criminal judicatories, and the recorder of the city of London is no longer required to make a report to the queen in council of the several convicts upon whom sentence of death has been pronounced.

It may be also observed, that the execution of murderers is not now required to be the next day but one after sentence passed; but the judges have the same powers granted them over the time of their execution and treatment as in other cases of conviction for capital offences.

The sheriff cannot alter the mode of punishment, by substituting one kind of death for another, without being guilty of felony. It is held by Sir E. Coke and Sir Matthew Hale, that even the sovereign

cannot change the punishment by altering the hanging into beheading, though, when beheading is part of the sentence, he may remit the rest. If, upon judgment to be hanged till dead, the criminal revives, the sheriff must hang him again, the former hanging being held no execution.

It only remains to notice the important change in the mode of inflicting capital punishment by the act of 1868. By the 31 V. c. 24, sentence of death ceased to be a public exhibition, and was required to be carried on for murder within the walls of the prison in which the offender is confined at the time of execution. The sheriff, gaoler, chaplain, surgeon, and other officers of the prison to be present, together with the relatives of convict, and others the sheriff deems proper to admit. The coroner of the jurisdiction to hold an inquest within twenty-four hours after execution, to identify the body, and attest the regularity of the execution. Burial of the offender to be within the walls of the prison. Power given to a secretary of state to make rules to regulate executions. By ss. 13, 14, act to apply to Scotland and Ireland, with certain modifications.

CHAPTER IV.

Procedure and Reforms in Chancery.

SOME efforts were made to lessen expense and expedite proceedings in the court of Chancery in 1850 and 1851, by allowing suitors to state special cases for the opinion of the court, and for the establishment of a court of appeal. But the more general and effective measures of reform in this branch of judiciary were three acts of the session of 1852. The first of these acts, 15 & 16 V. c. 87, relates principally to the officers of the court, who, when the lord chancellor shall direct, are to be paid by salaries instead of by fees, and the fees are to be collected by stamps on documents. A more important statute is the 15 & 16 V. c. 86, under which the practice of engrossing bills on parchment is discontinued, and a printed bill filed instead. Writs of subpoena and summons are abolished, and defendants are to be served with a printed bill instead. The plaintiff is to deliver to defendant such a number of copies of the printed bill as he shall have occasion for, defendant paying for them at such rate as shall be prescribed by a general order; and this provision extends to amendment of bills. The lord chancellor may suspend the provisions as to the printing and filing of bills, when former practice will be revived. Bills of complaint are to contain concise narratives of material facts, divided into numbered paragraphs, but not to contain interrogatories, and interrogatories are to be filed in the Record Office within a prescribed time. Defendants may answer without leave within the time now prescribed, but after that time they must have leave. The de

fendant's answer may contain not only an answer to his case, but statements material thereto. The plaintiff may, on expiry of time for answering, but before replication, move for a decree or decretal erder, which the court may grant or refuse. The practice of excepting to bills and answers for impertinence is abolished. The court may order defendant to produce documents on oath, and plaintiff may also be required to produce documents after the answer has been put in. The defendant may in certain cases file interrogatories for the examination of the plaintiff, or he may exhibit a cross-bill instead. The practice of issuing commissions to take answers, pleas, disclaimers, and examinations, is abolished, and these documents may be filed without any more formality than is now required in the swearing and filing of an affidavit. In Scotland and Ireland, the Channel Islands, or British Colonies, they may be sworn and taken before any judge, or person lawfully authorized to administer oaths, and in foreign ports before her Majesty's consul or viceconsul.

In the examination of witnesses important changes were introduced. The previous mode of examination was abolished, leaving power, however, to the court to order particular witnesses to be examined by interrogatory, and the evidence to be taken orally if required by either party, power being reserved to the court, if the requirement be by a party who has not sufficient interest, to make such an order as may be just. The witnesses are to be examined by one of the examiners of the court in presence of the parties, and be subject to cross-examination or re-examination. The depositions are to be read over to the witness, who shall sign the same, and, if he refuse, the examiner may sign them, and state such special matter as he may think fit. The original depositions are to be filed in the Record Office. Notwithstanding, however, that the parties may have elected to examine orally, affidavits by particular witnesses, or as to particular facts, may by consent or leave of the ecurt be used on the hearing of any case; but the witnesses by affidavit are to be subject to oral cross-examination and re-examination. The court may reqiure the production of oral examination before itself of any witness, and determine as to the payment of

costs.

With regard to the hearing of causes, there are a number of provisions to prevent delay on technical grounds. One is, that a defendant is not to take an objection for want of parties in any case to which certain rules set forth in the act extend, the object of these rules being to prevent mere technical objections; and the practice of setting down a cause merely on objection for want of parties is abolished, and the court is empowered to proceed without the representative of a deceased party being made a party, or it may appoint such representative.

Suits are not to be dismissed for misjoinder of plaintiffs, but the court may modify its decree according to special circumstances; and

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