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A. An information is a complaint exhibited against a person for some criminal offence; at the suit of a subject it is filed by the Master of the Crown Office.

They are confined to cases of misdemeanor; it is tried by a petit jury of the county.-4 Bl. Com. 309.

The court will grant an information for blasphemy.-Strange 834. For speaking treasonable words.-1 Bl. 37. For libels.-1 Douglas. Against magistrates for any illegal act done with corrupt motives.—1 Dougl. 283. Against public officers in a ministerial capacity, for any illegal act done by them in the execution of their duty, from improper motives.-4 Burr. 210, and 2 Strange 7.

The application is for a rule nisi in the first instance, and must be made by counsel on an affidavit disclosing the circumstances of the case —1 Chit. Rep. 602.

4. What alterations have been made in the jurisdiction of quarter sessions by any, and what, recent statute?

A. By the 5 & 6 Vict. c. 38, s. 31, after the passing of the Act [30th June, 1842], neither the justices of the peace acting in and for any county, riding, &c., nor the recorder of any borough shall at any session of the peace, or at any adjournment thereof, try any person or persons for any treason, murder, or capital felony, or for any felony which, when committed by a person not previously convicted of felony, is punishable by transportation beyond the seas for life, or for any of the following offences:-1. Misprision of treason. 2. Offences against the Queen's title, &c., or against either House of Parliament. 3. Offences subject to the penalties of præmunire. 4. Blasphemy, and offences against religion. 5. Administering or taking unlawful oaths. 6. Perjury, or subornation of perjury. 7. Making, or suborning any other person to make, a false oath, affirmation, or declaration, punishable as perjury, or as a misdemeanor. 8. Forgery. 9. Unlawfully and maliciously setting fire to crops of corn, grain, or pulse, or to any part of a wood, coppice, or plantation of trees, or to any heath, gorze, furze, or fern. 10. Bigany, and offences against the laws relating to marriage. 11. Abduction of women and girls. 12. Endeavouring to conceal the birth of a child. 13. Offences against any provision of the laws relating to bankrupts and insolvents. 14. Composing, printing, or publishing blasphemous, seditious, or defamatory libels. 15. Bribery. 16. Unlawful combinations and conspiracies, except such over which such justice or recorder respectively have or has jurisdiction to try, when committed by one person. 17. Stealing, or fraudulently taking, or injuring or destroying records or documents belonging to any Court of Law or Equity, or relating to any proceeding therein. 18. Stealing, or fraudulently destroying or concealing any wills or testamentary papers, or any document or written instrument, being, or containing evidence of the title to any real estate, or any interest in lands, &c.

Trials laid at sessions since the passing of the above Act, or before the 15th July, 1842, for offences therein named, are, by 5 & 6 Vict. c. 43, made as valid as if the said Act had not passed.

5. What indictments may be removed from the Quarter Sessions, and what is the form of proceeding?

A. All indictments may be removed, except where the removal is specially forbidden by statute.-R. v. Morely, Burr. 1041 ; R. v. Jukes, 8 T. R. 542; the method is by writ of certiorari issued out of the Queen's Bench. The Court is bound to grant it at the instance of the prosecutor, but have a discretion to grant it at the prayer of the defendant.— R. v. Lewis, 4 Burr. 2456; 2 Hawkins c. 26, s. 27; R. v. Eaton, 2 T. R. 89; R. v. Bass, 5 T. R. 251.

6. What is the extent of the criminal jurisdiction of the Court of Queen's Bench?

A. On the Crown side this court takes cognizance of all criminal causes, from high treason down to the most trivial misdemeanor or breach of the peace. Into this court all indictments from all inferior courts may be removed by writ of certiorari.-4 Bl. 265; 9 Coke, 118, a. 6; 2 Hale, 1 to 7; Hawke, B. 2, C. 3; Bac. Abr. tit. a. 4; 4 Inst. c. 7, Com. Dig. tit. "Courts," b. 1.

"Court of Q. B."

7. Can a criminal offence be by any means changed into a civil debt? A. If the client who has entrusted money to a banker, attorney, or agent, who misappropriates it, if the client subsequently assents to the misappropriation this would become a mere debt. When a bankrupt has been indicted for embezzlement, the creditor is allowed to prove -Exparte Jones and 3 Dea. Cr. 525.

8. How can offences be compounded without subjecting the parties to punishment?

A. No felony or larceny may be compromised.—7 & 8 Ģ. 4 c. 29 s. 58. But in cases of misdemeanors, the defendant is sometimes allowed by the court to speak with the prosecutor before judgment, and if the prosecutor declare himself satisfied, a nominal punishment only is inflicted.-4 Bl. Com. 363.

9. To what crimes is the punishment of death now attached ?

A. They are now treason, murder, unnatural offences, setting fire to any king's ships or stores, doing any bodily injury with intent to murder, burglary accompanied with intent to murder, robbery accompanied with stabbing or wounding, setting fire to an inhabited dwelling-house, setting fire to, casting away or otherwise destroying ships with intent to murder, exhibiting false lights with intent to bring ships into danger, and piracy accompanied with stabbing.-7 & 8 G. 4, cc. 27, 28, 29, 30, 31, 32; 9 G. 4, c. 31; 1 Vic. cc. 84, 89, 91; 4 & 5 Vic. c. 56; 1 Week. Law Mag. 352.

10. When in the statutes it is said that magistrates or others may do some things therein specified, have the parties any discretionary power, or must they perform these acts?

B

A. If a statute say that a thing for the public benefit may be done, it shall be construed that it must be done, as the stat. 23 H. 6, c. 10, says the Sheriff may bail, he shall be bound to bail.-Com. Dig. tit. "Parliament."

11. When are magistrates empowered to take bail, and what are the powers of the judges of the superior courts?

A. By 7 G. 4, c. 64, repealing 3 Edw. 1, c. 15, as well as 23 Hen. 6, c. 9, s. 3, 3 Hen. 7, c. 3, s. 2, and 1 & 2 Ph. and M. c. 13, if any person be charged with felony before two justices, and the evidence adduced in support of the charge shall not raise a presumption of his guilt, or if such evidence be adduced in defence as shall weaken the presumption of his guilt, but there shall appear sufficient ground for a judicial inquiry into his guilt, the person charged shall then be admitted to bail. The justices are not required to hear evidence on behalf of the prisoner. By s. 2, the justices before bailing the accused are bound to take the examination of the accused and the depositions of the witnesses or witness.

By 5 & 6 W. 4, c. 33, reciting said Act, it is enacted that any two justices of the peace, of whom one or other shall have signed the warrant of commitment, may admit any person charged with felony to bail in such sums of money, and with such sureties, as they shall think fit, notwithstanding the person so charged may have confessed his guilt, or the justices may not think the charge groundless, or shall think that there is a strong presumption of guilt.

The Act 2 & 3 Vic. c. 71, commonly called the Metropolitan Police Act, gives to single magistrates sitting at the police courts established under that Act the powers of two magistrates.

The statute 1 W. and M. stat. 2, c. 1, declares that excessive bail ought not to be required. The number of bail in cases of felony should be two, and the sum such as the justices shall think fit to require, upon consideration of the ability and quality of the prisoner and the nature of the offence: but for a capital offence it never ought to be less than £40. -2 Hawk. c. 15, s. 4.

By statute Hab. Corp. 31 Car. 2, c. 2, any party detained in custody may, under certain conditions therein contained, sue out a habeas corpus as well from the Chancery, Exchequer, as from the Queen's Bench or Common Pleas (sec. 10), returnable before the court or a judge, and the judge may thereupon discharge him, taking his recognizance with one or more sureties in any sum, according to their discretion, having regard to the quality of the prisoner and the nature of his offence.

12. What is the nature of the crime of an attorney who, having received from his client money, with specific directions as to the application of it, nevertheless converts same to his own use, and what will be the punishment?

A. By 7 & 8 Gev. 4, c. 29, s. 49, if any money or security for money be entrusted to any banker, merchant, broker, attorney, or other agent,

with any direction in writing to apply such money, or any part thereof, &c., for any purpose specified in such direction, and he shall convert to his own use such money, security for money, or proceeds, every such offender shall be guilty of a misdemeanor punishable with transportation not exceeding 14 years nor less than seven, or with fine or imprisonment, or both, at the discretion of this Court. And by the same section, if any chattel or valuable security, or any power of attorney for the sale of stock, &c., shall be entrusted to any banker, merchant, broker, attorney, or other agent for safe custody, or for any special purpose without any authority to sell, negotiate, transfer, or pledge the same, and he shall do so, every such offender shall be also guilty of a misdemeanor, and liable to the same punishment as above.

13. At what time are real and personal property respectively forfeited on a conviction for felony?

A. Real property escheats on attainder, but is not vested in the king or lord until after office found for the king, or an entry by the lordthe forfeiture of lands has relation back to the committal of the offence.

Chattels are forfeited to the king on conviction, who is immediately entitled thereto : but with respect to chattels, there is no relation back to the committal of the offence, and they may, therefore, be bonâ fide aliened at any time before conviction.-13 Eliz. c. 5; 3 Inst. 232; 2 Hawk. c. 49, s. 33; 4 Bl. Com. 388.

14. What offences of a bankrupt render him subject to criminal punishment?

A. By Stat. 6 G. 4, c. 16, s. 112, "If any bankrupt shall not, before three o'clock on the 42nd day after notice in writing, to be left at the usual place of abode of such person, and notice in the London Gazette, surrender himself to the commissioners, and submit himself to be examined by them; or if he shall not discover all his real and personal estate, and how he has disposed of same; or if he shall not deliver up all his estate and books, &c., relating thereto; or if he shall remove, conceal, or embezzle any part of such estate to the value of £10, or any books, with intent to defraud his creditors; every such bankrupt shall be deemed guilty of felony, and be liable to be transported for life, or for any term not less than seven years, or to be imprisoned and hept to hard labour for any term not exceeding seven years.

15. When does a robbery committed in a building adjoining to a dwelling-house constitute a burglary?

A. There were formerly many cases showing refined distinctions as to what buildings were or were not within the curtilage. But by stat. 7 & 8 G. 4, c. 29, s. 13, no building, although within the same curtilage as the dwelling-house, shall be deemed a part of such dwellinghouse, for the purpose of burglary, unless there shall be a communication between such building and dwelling-house, either immediate, or by means of a covered and inclosed passage leading from one to the other.

B 2

CONVEYANCING.

1. What must be attended to on the execution of a will?

A. A Will must be in writing and signed at the foot or end thereof by the testator, or by some person in his presence, by his direction, in the presence of two witnesses at one time, who must attest and subscribe the will in the presence of the testator.-7 W. 4, & 1 Vict. c. 26, s. 9; Shelf. Will. Act., p. 22, 355. See Panton v. Williams, 2 Curteis, 395; Re Harrison, 2 Curteis, 863; Re Bryce, 2 Curt. 325; Re Clarke, 2 Curt. 329; Re Allen, 2 Curt. 331; Re Olding, 2 Curt. 865.

The wills of soldiers, mariners, and seamen, &c., are not within 7 W. 4, & 1 Vict. c. 26, s. 9.—See sec. 11 & 12 of 7 W. 4 & 1 Vict. c. 26; Re Johnson, 2 Curt. 341; Re Donaldson, 2 Curt. 386; Re Lay, 2 Curt. 375.

2. At what age can a person make a will?

A. No will made by any person under the age of 21 years shall be valid.-1 Vic. c. 26, s. 7. As to former law, see Com. Dig. tit. "Devise" (H. 2); 1 Siderf. 162; 2 Black. Com. 497; Shelf. Will. Act, 122, 123; Rob. Gavel. 225; Bac. Abr. tit. "Wills” (B).

3. What is the difference between an estate in fee simple and in tail? A. A fee simple is that estate which a man has to hold to him and his heirs general.-Co. Litt. 1a, 18b; Wright's Tenures, 147; Litt. S. 293; 1 Steph. Com. 220; Watk. Convey. ch. 9; Noy's Max. ch. 3, p. 20; 1 Abridgm. of Preston on Abstracts, p. 217 (31).

An estate tail is that which a man hath to hold to him and the heirs of his body, or to him and particular heirs of his body. Co. Litt. 18b; Willion v. Berkley, Plowd. 273; 1 Steph. Com. 228; 2 Black. Com. 108, 119; Com. Dig. tit. "Estates" (A. 6); 1 Burr. 115; Noy's Max. 285, note (a), Byth. ed; Shelf. Real Prop. Acts, 205; 1 Abridgm. of Preston's Abst. 170 (24).

4. In what manner can an estate tail, with remainder over, be barred? A. By an ordinary deed of conveyance duly enrolled.—3 & 4 W. 4, c. 74, ss. 15 & 41; 1 Week. Law Mag. 267; Abridgm. of Prest. on Abstracts, 183 (25), 216 (30); 1 Stephen's Comm. 237.

5. Where a power requires more than two witnesses to the due execution of an appointment, will an appointment, in any and what case, be good if attested by two witnesses only?

A. Appointments by will are to be executed like other wills, though the power required other solemnities.-7 W. 4 & 1 Vict. c. 26, sec. 10; Shelf. Will Act, p. 115-121; Re Biggar, 2 Curt. 336; George v. Reilly, 2 Curt. 1.

6. In any, and what, other cases of appointment, will strict compliance with the terms of the power be dispensed with?

A. Defective execution will be ceded in equity in favour of a purchaser, creditor, wife or child.-Watk. Convey. ch. 21, p. 235, note (b) by Coventry; Cruise's Dig. tit. 32, ch. 19.

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