public Court, they may in their discretion exclude the general public, that is, where they think that the ends of justice will thereby be best answered. Of course this is limited to preliminary inquiries, and where they are not about to summarily adjudicate on the case.

Contempt of Court or insult to Justice.-The Justices have full power to require that decorum shall be observed wherever they are hearing or investigating a case. No contempt shall be offered to the Court, nor personal insult to the Justices, or any of them; where such takes place, the offender may be removed from the Court or place, or may be fined for the contempt or insult : see title "Contempt of Court" in the Summary Index. Until this enactment by sect. 9 of Petty Sessions (Ireland) Act, 1851, it was doubted whether Magistrates had a summary power so to punish for such insult and contempt, although indictable as a misdemeanour. It appears that Justices of the Peace may order a person to find security for his good behaviour who, in making his defence before them as to a specific charge, had been guilty of contempt of the Court by wilfully abusive and insulting language to the Court while acting in discharge of their duty as Justices; and that the power to punish by the summary method given in the Petty Sessions Act does not take away the power to order the offender to find sureties also. The two things are cumulative : Exchequer Division (Ireland), August, 1889-on motion in behalf of Dr. Tanner, M.P., to make absolute a conditional order for writ of habeas corpus; before Lord Chief Baron, Mr. Baron Dowse, and Mr. Justice Andrews.

Jurisdiction (generally) in receiving Information and Complaint.—The 10th section of the Petty Sessions Act fully and clearly points out to the Justice his authority to entertain and receive information in treasons, felonies, misdemeanours, and other offences which arise within his jurisdiction, or where committed elsewhere out of his jurisdiction, or on British waters, or land beyond the seas where an indictment can be preferred and that the offender is suspected to be within his jurisdiction in the United Kingdom, and in all summary cases arising within his jurisdiction. On any question therefore arising as to how far he has power to intermeddle, the Justice is referred to this section and the notes at foot in the Appendix. These notes will also point out how offences are dealt with when committed at sea by British subjects on board British ships, or by those not being British subjects in said ships; and also when committed by foreigners on board foreign ships within Her Majesty's dominions, but in this last instance the certificate of the Secretary of State is necessary.

Proceedings to be taken.-Where it is intended that a summons shall issue in the first instance requiring the attendance of the accused, the complaint may be a verbal one and without oath; but if a warrant is to issue, the complaint in the form of an information must be on oath and in writing, and the party making it may be bound over to prosecute. It will be sufficient if the complaint be on

oath and in writing at any time before the signing and issuing of the warrant. It must be made by the complainant or by some one on his behalf.-Sect. 10, sub-sect. 2.

Limitation of Complaints.-In indictable crimes there does not appear to be a limit fixed for making the complaint-although of course this will be a question for the consideration of the Justice ;-how far the delay, if considerable, is accounted for, and may guide him in the step to be taken, whether it shall be a warrant or a summons. In summary proceedings there is a limitation as to time of making complaints: in poor or county rate, or public tax, complaint may be at any time after the date of the warrant to collect; in wages within a year, trespass within two months, in other cases six months.-Sect. 10, subsect. 4. Subsequent Acts may extend the time. The Militia Act (sect. 43) provides that offending militiamen may be dealt with within two months after offence becomes known to his officer, or after he is apprehended.

Process to enforce Appearance.-In indictable offences a warrant may, on sworn information, issue in the first instance; but if the Justice thinks it will meet the ends of justice, he may issue summons; but the issuing of the summons need not prevent the Justice issuing a warrant if he sees fit, either before or after the time for appearance mentioned in the summons. In summary cases a summons should issue in the first instance; but if defendant fail to appear, on proof that he has been personally served, or that he is keeping out of the way, a warrant may issue (on sworn information). Neither summons nor warrant shall be signed in blank.

Service of Summons.-The 12th section of Petty Sessions Act directs how summonses are to be served, but this does not affect any special mode of services under certain Acts.

Witnesses.—The 13th section points out how the attendance of witnesses may be compelled. And the Justice must mark the distinction in the section, that in Indictable Offences it is only the witnesses for the prosecution who can be compelled to appear and give evidence. In cases of Summary Jurisdiction the witness for complainant or defendant, after service of summons proved, and no just excuse offered for the non-attendance, the warrant may issue. In all cases before warrant to arrest is issued the complaint must be on oath and in writing, and the witness shown to be material. Before issuing these warrants for witnesses, the Justice or the officers of the Court should see that all the requirements of the section are complied with fully and to the letter. The process of the Court is not to be employed to worry and bring at inconvenience, perhaps at loss and from a distance, persons who may know nothing of the complaint. This plainly is shown by the cautious language of this section, i. e. that he will not voluntarily appear for the purpose of being examined; that he neglects or refuses to appear; that no just excuse is offered; that the summons was

personally served, or that it is proved he is keeping out of the way; that he is able to give material evidence in the case; and that there is on oath, and in writing, a substantial cause of complaint calling for all this, and for sending the officers of justice in pursuit.

Depositions, manner of taking them in Indictable Offences.-The 14th section directs how the Justice is to proceed in taking depositions; they are to be taken in presence of the accused, who shall be at liberty to put questions to the witnesses. They are to be read over to and signed by witnesses, and by the Justice; they are to be read over to the accused; and he being first cautioned in the form directed by the section that he need not say anything. If he make a statement it should be taken down, read over to him (to be signed by the accused, if he will), then to be signed by the Justice. All material facts bearing on the case should be taken down; they should not be overladen with irrelevant matter, nor with anything unfair to the accused, or what is clearly inadmissible; for where the deposition may on the trial be called for on the part of the accused to contradict a witness's former statement, the accused thereby puts in the deposition as his evidence, and perhaps to his disadvantage. Confessions of the accused are received upon the principle upon which admissions in civil suits are-the presumption that a person will not make an untrue statement against his own interest. But where promises and inducements are held out by anyone in authority, the confessions ought not to be received. It appears now to be settled that, if the inducement is not held out by a person in authority, it is clearly admissible. It seems to be the duty of the Magistrate who presides at the examination to advise the prisoner not to make any statement before the evidence is concluded and the caution administered. By the 30 & 31 Vic., c. 35 (Eng.), which is not extended to Ireland, the accused in criminal cases is to be asked by the Justice if he desires to call witnesses; and if the accused call any, their depositions, if at all material to the case, or tending to prove the innocence of the accused, shall be returned, and the witnesses bound by recognizance to attend at the trial. In Ireland the witnesses for the accused cannot be compelled to give evidence; but if tendered, their evidence should be taken down and returned.

The Depositions shall be taken of those who "know the facts of the case."Sec. 14. It is laid down as a general rule in all cases, criminal and civil, that the evidence should be confined to the point in issue: that is, the transaction which forms the subject of the (indictment) inquiry, and matters relating thereto. In criminal it has been observed that the necessity is stronger, if possible, than in civil cases, of the strictly enforcing this rule; but that the evidence discloses other offences cannot, on this ground, be excluded, where on general grounds it is admissible-evidence not only of the guilty act itself, but acts so closely connected with it as form the chain of facts, which could not be excluded without rendering the evidence unintelligible.

Examination-in-Chief.-Leading questions which suggest to the witness the answer he is to give must not be put: but it is necessary to a certain extent to lead the mind of the witness to the subject of the inquiry; and even for the purpose of identification a particular prisoner may be pointed out to witness, who may be asked whether he is the man.-R. v. Beranger (1 Stark On Evidence, 125).

Cross-Examination.-Leading questions are admitted on cross-examination, much larger powers being given than in the original or direct examination. Mr. Justice Buller says:-"You may lead a witness upon cross-examination to bring him directly to the point as to the answer, but you cannot go the length of putting into the witness's mouth the very words he is to echo back again.” -R. v. Hardy (24 How. St. Tr., 755). Baron Alderson says:-"I apprehend you may put a leading question to an unwilling witness on the examination-inchief, at the discretion of the Judge, but you may always put a leading question in cross-examination, whether a witness be unwilling or not."-Parker v. Moon (7 C. & P. 405).

The Caption. Where the charge is a lengthy one, and is set out at the head of the first deposition, the depositions which follow need not so fully set out the offence or charge. They may briefly refer to, or even after the words of the caption "Taken in presence and hearing of C. D., who stands charged as aforesaid."

Where the depositions were on separate sheets, but under the one caption"Examination of J. J. Hill and others, taken in the presence of the prisoner, &c. "-and the whole were attached together, not at the time of the signature, but subsequently by the Magistrate's clerk, Pollock, C. B., admitted them in evidence.-R. v. Lee (4 F. & F. 65).

Remands-From absence of witnesses or other reasonable cause, the Justice may remand the accused for a term not exceeding eight days at a time—that is where a case justifying a remand has been made out. No order of remand should be made unless the accused be brought before the Justice. On this subject of remands in general the matter is very clearly set out for the guidance of the Justices in the Circular of 24th July, 1879, Appendix.

The Justice should carefully mark the distinction between the indictable offences where the remand shall not exceed eight days, under the Criminal Justice Act (18 & 19 Vic., c. 126, s. 5), and where they remand to next Petty Sessions. Attention should also be given to the 3rd paragraph of the Circular as to summary cases. See also sec. 10 of Petty Sessions Act.

Disposal of the Prisoner in Indictable Cases.-When the evidence has been completed, if the Justice be of opinion that the evidence is not sufficient to put the accused on his trial, he is to discharge him; but if, on the other hand, he thinks that the evidence is sufficient to put him on his trial, or that it raises a

"strong or probable presumption of guilt," he is to commit the accused for trial, or admit him to bail. The admitting to bail of persons charged with indictable offences-those that are not bailable, those that are bailable in the discretion of the Justice, and those misdemeanours where persons charged are bailable as a matter of right, are fully set out in the 16th section of the Petty Sessions Act.

Taking Depositions of Persons who receive Dangerous Wounds.-Where any person receives a wound such as is likely to endanger life, it is the duty of the constabulary to acquaint a Magistrate of the fact; and if able to make a deposition, and that the accused be in custody, the Magistrate should without delay proceed to take it. He will be careful to do so in the manner prescribed for taking depositions, in this instance especially, calmly, noiselessly, and with patience and precision, as the injured person is able to give the evidence. The accused, or his counsel, or solicitor, may cross-examine; but the Justice should not permit unnecessary noise, nor the injured man to be needlessly worried or disturbed. The accused should be fully at liberty to elicit what may be in his favour at a future time, but any attempt to render it impossible for the injured person to give the evidence should be suppressed. And to this end the Justice should in this cross-examination take down the question in writing first, then the answer. This can be quietly done. There is often much meaning in the question; it brings out the evidence correctly, and it also prevents a number of running questions being put without waiting for an answer, besides it will generally be found to shorten cross-examination. A prudent counsel will be careful how he puts questions that are taken down.

Dying Declarations.-When a person finds himself dying of a mortal injury, and is not able to make a deposition, or that the offender may not happen to be then in custody, a Magistrate, or, in his absence, any person, may take the dying declaration. The mode of taking such is fully pointed out under the head "Dying Declarations," in the Indictable Offence Index in this work.

Adjudicating in Cases of Summary Jurisdiction.-The 20th and 21st sections of the Petty Sessions Act contain, with the notes at foot (see Appendix), all that is necessary on this subject, and need not here be repeated; and the general powers in adjudicating and other matters, as to enforcing penalties, &c., are given in each case throughout the work.

Orders and Convictions.-I shall not on this subject enter into minute questions which tend more to perplex than to help in a simple duty. A few observations will not be out of place. "Order," as the more expansive term, includes "Conviction," by the interpretation clause to Petty Sessions Act. Yet there are many well-recognised distinctions, as in the case of intervening orders. Under the Sanitary or Public Health Acts, where Justices "order" nuisances to be abated, structural works, &c., done; where Justices "order" public-houses to