« PreviousContinue »
before him or them relating to the charge, to the clerk of the crown, clerk of assize, or other proper officer, to be filed in the court of oyer and terminer and general gaol delivery for such county, to the intent that the same may be used or put in force by the judge or judges of the said court, as he or they shall deem proper, according to law. (2)
paid by the
offence shall be com.
III. Provided always, and be it further enact- Expenses of ed, That in all cases of any commitment to the tion to be county gaol, under the authority of this act, all pown or the expenses to which the county may be put by which the reason of such commitment, together with all such expenses of the prosecution and witnesses mitted. as the judge shall be pleased to allow by virtue of any law now in force, (3) shall be borne and paid by the said town, liberty, soke, or place within which such offence shall have been committed, in like manner and to be raised by the same means whereby such expenses would have been raised and paid if the offender had been prosecuted and tried within the limits of such exclusive jurisdiction; and that the judge, or court of oyer and terminer and general gaol delivery, shall have full power and authority to make such order touching such costs and expenses as such judge
(2) As to the taking of examinations, and binding over prosecutors and witnesses to prosecute and give evidence, generally, see stat. 7 Geo. 4. c. 64. s. 2, 3, 5, post; and see Archbold on Commitments, 8, 14.
(3) As to the allowance of expenses to witnesses, &c. in felonies, see stat. 7 Geo. 4. c. 64. s. 22, 26; and in certain misdemeanors, id. s. 23, post.
or court shall deem proper; and also to direct by whom and in what manner such expenses shall in the first instance be paid and borne, and in what manner the same shall be repaid and raised within the limits of such exclusive jurisdiction, in case there be no treasurer or other officer within the same, who by the custom and usage of such place ought to pay the same in the first instance.
1 Geo. IV. c. 4.
An Act for punishing criminally Drivers of Stage
Coaches and Carriages for Accidents occasioned
by their wilful Misconduct. [6th June, 1820.]
WHEREAS by an act passed in the fiftieth year of 50 G. 3. c. 48. the reign of his late majesty, intituled “ An Act
to repeal three acts, made in the twenty-eighth, thirtieth, and forty-sixth years of his present majesty, for limiting the number of persons to be carried outside of stage-coaches or other carriages, and to enact other regulations for carrying the objects of the said acts into effect," divers regulations and penalties were established and imposed to carry into effect the useful and highly important purposes thereby intended ; and whereas it is expedient to extend the provisions of the said act, and to punish criminally coachmen, or persons having the care of stage-coaches and other public carriages carrying passengers for hire, for accidents occasioned by their wilful
consent of majesty, by anted by the kin may be on couches
misconduct, as hereinafter mentioned: may it Drivers of therefore please your majesty that it may be occasioning enacted, and be it enacted by the king's most by furious excellent majesty, by and with the advice and other misconsent of the lords spiritual and temporal, and guilty of a commons, in this present parliament assembled, misdemeanor; and by the authority of the same, That if any person whatever shall be maimed or otherwise injured by reason of the wanton and furious driving or racing, or by the wilful misconduct of any coachman or other person having the charge of any stage-coach or public carriage, such wanton and furious driving or racing, or wilful misconduct of such coachman or other person, shall be and the same is hereby declared to be a mis- Punishment. demeanor, and punishable as such by fine and imprisonment: Provided always, that nothing in this act contained shall extend or be construed to extend to hackney coaches, being drawn by two horses only, and not plying for hire as stage coaches.
Indictment. BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that Joseph Styles, late of the parish of — , in the county of Berks, labourer, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland, King, Defender of the Faith, at the parish aforesaid, in the county aforesaid, being then and there a coachman, and having the charge of a certain public carriage called an Omnibus [“ any stagecoach or public carriage”] carrying passengers for hire, (the same not being a hackney coach,) did then and there wantonly and furiously drive the said public carriage, and the horses drawing the same, and by reason of the said wanton and furious driving the said public carriage was then and there upset, and one John Nokes, who was then and there a
passenger in and by the said public carriage, was thereby then and there greatly wounded, bruised, and injured : to the great damage of the said John Nokes, against the form of the statute in that case made and provided, and against the peace of our lord the king, his crown and dignity.
If the injury were effected by any other “ wilful misconduct” of the coachman or person having charge of the carriage, the particulars of such misconduct must be stated; otherwise, it should seem, the indictment would be bad for uncertainty.
Evidence. To support this indictment the prosecutor must prove :
1. That the defendant was coachman, or had charge of the coach or carriage mentioned in the indictment, at the time of the accident.
2. The wanton and furious driving, or racing, or other wilful misconduct, as stated in the indictment, and that it was the occasion of the accident that afterwards occurred.
3. The accident, and the injury the prosecutor received from it. This act is not confined to injuries received by passengers from the furious driving or other misconduct of persons driving the carriages by which they travel, but includes injuries to other persons, as by running against them or the like ; and in this latter case, a count may be added for an assault. But from the words “otherwise injured" being used immediately after the word “maimed,” it should seem that the act is confined to cases of personal injury, and does not extend to injuries to property, as by running against other carriages or the like.
1 Geo. IV. c. 56. An Act for the summary Punishment, in certain
cases, of Persons wilfully or maliciously Damaging or committing Trespasses on public or
private Property. REPEALED by stat. 7 & 8 Geo. 4. c. 27. s. 1. post, and other provisions for the punishment of the offence made by 7 & 8 Geo. 4. c. 30.Vide post.
1 Geo. IV. c. 57.
An Act to repeal an Act passed in the Fifty
seventh Year of the Reign of his late Majesty
sions in lieu thereof. [15th July, 1820.] WHEREAS by an act passed in the fifty-seventh 57 Geo, 3. year of the reign of his late majesty King George C.7 the Third, intituled, “An Act to abolish the punishment of public whipping on female offenders,” it is enacted, That from and after the passing of that act, judgment shall not be given and awarded against any female or females convicted of any offence, that such female offender or offenders do suffer the punishment of being publicly whipped;