BILLS; 1878. Elementary Education Provisional Order Confirmation (Portsmouth): V 179. Bill to confirm a Provisional Order made by the Education Department_under "The Elementary Education Act, 1870," to enable the School Board for Portsmouth to put in force "The Lands Clauses Consolidation Act, 1845," and the Acts amending the same Employers' Liability for Injury: P. 455 11. Bill to amend the Law relating to the Liability of Employers for Injuries negligently caused to Persons in their Employment Endowed Schools and Hospitals (Scotland) [H.L.]: 459 157. Bill, intituled, An Act to amend the Law relating to Endowed Schools and Hospitals, and other Endowed Institutions in Scotland; and for other Purposes Entail Amendment (Scotland) [H.L.]: 158. Bill, intituled, An Act to further amend the Law of Entail in Scotland Entails and Settlements Limitation : 25. Bill to restrict the Power of Entailing and Settling Land and other Property 475 188. Epping Forest: Bill for the Disafforestation of Epping Forest and the Preservation and Management of the Uninclosed Parts thereof as an Open Space for the Recreation and Enjoyment of the Public; and for other Purposes 228. Same [as amended by the Select Committee] 280. Lords' Amendments Exchequer Bonds (1,000,000 7.): 121. Bill to raise a Sum by Exchequer Bonds, for the Service of the Year ending on the Thirty-first day of March One thousand Eight hundred and Seventy-eight 565 Exchequer Bonds and Bills (6,000,000 l.): 107. Bill to raise a Sum by Exchequer Bonds, Exchequer Bills, or Treasury Bills 69 Exchequer Bonds (No. 2): 186. Bill to raise a Sum by Exchequer Bonds, for the Service of the Year ending on the Thirty-first day of March One thousand Eight hundred and Seventy-nine 573 295. Exchequer Bills and Bonds (No. 2): Bill to raise a Sum by Exchequer Bonds, Exchequer Bills, or Treasury Bills, for the Service of the Year ending on the Thirty-first day of March One thousand Eight hundred and Seventy-nine A BILL ΤΟ Establish a Court of Appeal in Criminal Cases. WHEREAS it is expedient to establish a Court of Appeal to review the judgments of courts of criminal jurisdiction in England: Be it enacted by the Queen's most Excellent Majesty, by and 5 with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: A.D. 1878. Power to constitute a appoint 1. It shall be lawful for Her Majesty by Letters Patent under the Great Seal to erect and constitute a court to be styled the 10 Court for Criminal Appeals, and to appoint three judges of the Criminal said Court, to be called the Lords Justices for Criminal Appeals. Appeal, and And such judges shall hold their office for life, in like manner as judges, the judges of the High Court of Judicature, excepting the Lord salaries, and Chancellor. And the Lords Justices for Criminal Appeals shall pensions. 15 receive salaries of five thousand pounds annually, and shall be entitled to the same amount of pensions on retirement as the Lord Chief Justice of the Queen's Bench division of the High Court is entitled to. 20 25 retiring of the Court. 2. The said Court for Criminal Appeals shall have jurisdiction Jurisdiction on writs of error and petitions of appeal from the Queen's Bench division of the High Court of Justice, and all inferior criminal courts in all cases of sentence of death, or in cases involving penal servitude without previous convictions, and in other cases where the Court below shall allow a writ of error or petition of appeal to the said Court of Appeal, and no writ of error shall lie from the Court of Queen's Bench division of the High Court to Her Majesty's Court of Appeal. 3. Writs of error to the said Court of Appeal shall issue ex Writs of debito justitiæ without the consent, warrant, or fiat of the Attorney 30 General or the consent of the Crown. error to issue ex debito justitiæ. 4. Petitions of appeal shall be in such form as the said Court Petitions of of Appeal shall from time to time order and direct, and shall state appeal. the grounds of such appeal, and shall pray that the conviction A.D. 1878. appealed from may be quashed and judgment entered for the appellant, or that a new trial may be granted and directed, or that the judgment of the Court below may be varied, according to the prayer of such petition. New trials. Alteration of sentence of the Court below. New evidence before the Court of Appeal. Examination of appellant. 5. In every case in which such petition of appeal shall pray for 5 a new trial, the case shall be heard by the Court of Appeal on a rule to show cause, in like manner, or as near as may be, as applications for new trials are heard and decided in civil cases. 6. In all cases in which the petition of appeal prays for any alteration in the sentence of the Court below, it shall be lawful for 10' the prosecutor respondent in such appeal to move for, and the Court of Appeal to direct, any alteration of such sentence, by way of diminution or increase of the punishment awarded by the Court below; and in all cases the Court of Appeal shall make such alteration, if any, as the said Court of Appeal may deem most in accordance 15 with the law and the facts of the case. 7. It shall be lawful for the Court of Appeal to receive in any appeal, and for the Court before which any new trial shall be directed, to receive on such new trial, evidence either for the defence or for the prosecution which was not produced before the 20 Court below. 8. It shall be competent for the appellant, on the hearing of any appeal under the provisions of this Act, or on any new trial directed under such provisions, to offer himself to be examined and cross-examined and re-examined in such appeal or new trial, 25 and he shall or may be examined and cross-examined and re-examined accordingly, and both the questions and the answers in such examination and cross-examination and re-examination shall be accurately taken down by a shorthand writer and read to the appellant; and it shall be competent for such appellant, by himself, 30 or his counsel or agent or solicitor, to apply to the Court to correct or alter such shorthand writer's reports of the evidence, and the Court shall decide whether such correction or alteration shall be made, and to make such correction or alteration, either on the ground of error in the report or on the ground that the appellant 35 was unduly pressed, and thereby prevented from answering with due deliberation and correct recollection; and if an appellant does not tender himself for examination and cross-examination, he shall not be prejudiced thereby; and whenever an appellant is examined or examined and cross-examined or re-examined at the 40 hearing of any appeal under the provisions of this Act, the shorthand writer's report of the evidence of such appellant shall be read and received in evidence in any new trial directed by the Court of A.D. 1878. Appeal in the case of such appellant. Provided that no appellant shall be examined or cross-examined as to character nor asked any question as to any previous conviction, or any previous charge or 5 accusation or suspicion against such appellant. And no appellant shall be compelled or required to answer any question which may criminate himself in respect of any other matter than that which is the subject of the appeal. pending. 9. No sentence of any criminal court shall be executed while an Execution of 10 appeal from such sentence shall be pending under the provisions of sentences to be suspended this Act, provided that such appeal shall be prosecuted with due while the diligence. And it shall be competent for the respondent in any appeal is such appeal to apply to the Court of Appeal to dismiss such appeal on the grounds of want of due diligence in the prosecution of such 15 appeal; and if it shall appear to the said Court that such appeal is used for the purpose of delay, then the said Court shall dismiss such appeal, and order the sentence of the Court below to be executed. of the 10. It shall be lawful for the Court below and the Court of Safe custody 20 Appeal, or either or both such Courts, to make such orders as may appellant. be necessary for the safe custody of the appellant while such appeal is pending, or as soon as notice of such appeal is given, and to order such appellant to be detained in custody or released on sufficient bail. 25 11. It shall be lawful for the said Court of Appeal to make such rules and orders to regulate the practice and proceedings of the said Court, and all matters relating thereto, and for all purposes required for carrying into effect the provisions of this Act, as to them may appear necessary or useful, and from to time to repeal, 30 amend, or vary such rules and orders, and to make new rules and orders for such purposes as aforesaid; and all such rules and orders as aforesaid shall be of the same force and effect as if they had been included in and part of this Act. 12. The said Court of Appeal shall be deemed to beand shall be 35 for all intents and purposes a court of record, and shall have and enjoy all the powers and privileges appertaining or belonging to a court of record, and shall have all the powers whatsoever appertaining or belonging to any criminal court in the kingdom. Power to make rules and orders. The Court of Appeal to record. be a court of officers. 13. The said Court of Appeal shall have the power, with the Power to 40 consent of the Lords Commissioners of the Treasury or of the Lord appoint High Treasurer, as the case may be, to appoint from time to time such registrars, clerks, ushers, doorkeepers, and other officers of |