Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 eBook

This eBook from the Gutenberg Project consists of approximately 343 pages of information about Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844.

Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 eBook

This eBook from the Gutenberg Project consists of approximately 343 pages of information about Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844.
the apprehension of the delinquent may issue; and if he cannot still be found, he may be pursued to outlawry.  It may be here mentioned, that the proceedings may be, at any period, removed from any inferior court into the Queen’s Bench, by what is called a writ of certiorari.  When the offender appears voluntarily to an indictment, or was before in custody, or is brought in upon criminal process to answer it in the proper court, he is to be immediately arraigned.  The arraignment is simply the calling upon the accused, at the bar of the court, to answer the matter charged upon him in the indictment, the substantial parts, at least, of which are then read over to him.  This is indispensable, in order that he may fully understand the charge.  So voluminous are the counts of the indictment recently found against Mr O’Connell and others, that the reading of the charges they contained was the work of many hours.  The accused is not always compelled immediately to answer the indictment; for if he appear in term-time to an indictment for a misdemeanour in the Queen’s Bench, it is sufficient if he plead or demur within four days; the court has a discretionary power to enlarge the time; but if he neither pleads nor demurs within the time prescribed, judgment may be entered against him as for want of a plea.  It he appear to such an indictment, having been committed or held to bail within twenty days before the assizes or sessions at which he is called upon to answer, he has the option of traversing, as it is termed, or of postponing his trial to the next assizes or sessions.  He is also always entitled, before the trial, on payment of a trifling charge, to have copies of the examinations of the witnesses on whose evidence he was committed or held to bail; and at the trial he has a right to inspect the originals gratuitously.  In prosecutions for misdemeanours at the suit of the Attorney-General, a copy of indictment must be delivered, free of expense, if demanded by the accused.  These seem to be all the privileges except that of challenge, which we shall explain hereafter, which the accused possesses, or to which the law gives him an absolute indefeasible claim as a matter of right.  The practice of different courts may possibly vary in some degree on points such as those which have been recently mooted in Ireland; for instance, as to whether the names of the witnesses should be furnished to the accused, and whether their address and description should also be supplied.  In such matters the practice might vary, in a considerable degree, in the superior courts of England and Ireland; and yet each course would be strictly legal, in the respective courts in which it was adopted; for, as it was clearly put by one of the Irish judges on a recent occasion, the practice of the court is the law of the court, and the law of the court is the law of the land.

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Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 from Project Gutenberg. Public domain.