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A.D. 1878.

(b.) If the person alleged to have committed such offence is alleged to reside or be in a district in or for which he acts; or

(c.) If the person against whom process is issued is alleged to be a party to an offence committed in any district referred to in subsection (a) or by any person referred to in sub-section (b), or if he is 5 alleged to have unlawfully received property which was unlawfully obtained in any district referred to in sub-section (a) or by any person referred to in sub-section (b).

SECTION 295.

FOR WHAT DISTRICTS JUSTICES MAY ACT.

Every justice of the peace may do anything which he is authorised to do by this Act in and for any district for which he is a justice.

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Any justice who is a justice for each of two adjoining districts, or for two districts one of which is surrounded by the other, may whilst he is in either of such districts do with respect to the other every- 15 thing which he is by this Act authorised to do in the district in which he is, and every warrant, order, or direction issued or given by him in either of such districts with respect to the other district shall be obeyed by all constables, peace officers, and other persons of such other district in the same manner as if it had been issued or 20 given in the district to which it relates.

SECTION 296.

JUSTICES FOR COUNTIES AT LARGE MAY ACT AS SUCH IN COUNTIES OF CITIES
AND BOROUGHS AND IN AND FOR DETACHED PARTS OF COUNTIES.

Any justice of the peace for any county at large, or for any riding 25 or division of such county, may act as such at any place within any city, town, or other precinct, being a county of itself, or otherwise having exclusive jurisdiction, or forming a detached part of another county at large, and situated within, surrounded by, or adjoining to any such county at large, riding, or division respectively. Every- 30 thing so done shall be as valid as if it had been done within such first-mentioned county at large, riding, or division respectively; provided that this enactment shall not empower any justice of the peace for any county at large, riding, or division, not being also a justice for such city, town, or other precinct, or not having autho- 35 rity as a justice of the peace therein, or any constable or other

officer acting under him, to act in any matter arising within any such A.D. 1878. city, town, or precinct.

The acts of any justice, and of any constable or officer in obedience thereto, shall be as good in relation to any detached part of any 5 county at large which is surrounded in whole or in part by the county at large for which such justice acts as if the same were part of the said last-mentioned county at large; and all constables and other officers of such detached part shall obey all warrants, orders, and acts of every such justice, and perform their several 10 duties in respect thereof.

SECTION 297.

SAVING AS TO STATUTORY JURISDICTION OF POLICE MAGISTRATES AND OTHER

JUSTICES.

Nothing in this Act contained shall in any way restrict any powers 15 conferred by or under the provisions of any statute or charter upon any stipendiary magistrate or other justice of the peace.

SECTION 298.

WHERE WARRANTS MAY BE EXECUTED.

Any warrant for the apprehension of any person, issued under the 20 provisions herein-after contained, may be executed by apprehending the offender within any district in or for which any justice issuing the warrant has jurisdiction, or in case of fresh pursuit at any place within seven miles of any part of the border of that district, without being backed as herein-after mentioned.

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SECTION 299.

BACKING WARRANTS.

The expression Ito back a warrant" means to make upon the back of a warrant a written order authorising the execution of it within a district other than the one in or for which it was issued.

Every such order may be in the form (E.) in the first schedule hereto, or to the like effect, and shall be signed by the person who makes it, and shall be a sufficient authority to the person who brings it to be backed, and to all peace officers in the district for which it is backed, to execute it in such district by apprehending the person 35 against whom it was granted, and conveying him before the justice by whom the warrant was originally issued, or dealing with him otherwise as herein-after mentioned.

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A.D. 1878.

No warrant shall be backed until the handwriting of the justice by whom the warrant was issued has been proved on oath before the person by whom it is to be backed.

SECTION 300.

WHEN WARRANTS MAY BE BACKED.

A warrant may be backed when the person against whom it is issued is or resides, or is suspected to be or reside, in the district in which the warrant is backed.

SECTION 301.

WHERE AND BY WHOM WARRANTS MAY BE BACKED.

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Any warrant issued in any part of the United Kingdom, or in any of the isles of Man, Guernsey, Jersey, Alderney, or Sark, by any justice or other person having authority to issue a warrant or process in the nature of a warrant therein, may be backed by any other such justice or person; provided that no warrant issued by 15 any judge of the High Court in England, or by any justice of oyer and terminer or gaol delivery, shall require to be or shall be backed by any justice in England.

The following officers in the Channel Islands may exercise, each in his own local jurisdiction, the powers herein-before given; that is 20 to say, the bailiffs of Jersey and Guernsey respectively, or in their absence the lieutenant bailiffs, the judge of Alderney, or in his absence any jurat of such island, the seneschal of Sark, or in his absence his deputy.

SECTION 302.

JUSTICE BACKING A WARRANT IN ENGLAND MAY ORDER DEFENDANT TO BE
BROUGHT BEFORE HIM.

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If the prosecutor or any of the witnesses upon the part of the prosecution are in the district where the person against whom the warrant is issued is apprehended, the officer or other person who 30 apprehends such person may, if so directed by the justice backing the warrant, take him before such justice or before some other justice of the same district; and such justice may thereupon proceed in every respect in the manner herein-after directed with respect to persons charged before a justice of the peace with an offence alleged 35 to have been committed in a district other than that in which such persons have been apprehended.

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SECTION 303.

PERSON SUMMARILY ARRESTED.

Any person who is entitled to arrest any other person without warrant, may arrest him, or cause him to be arrested, in any part of 5 England where he may happen to be at the time of such arrest, and may take him before any justice for the district in which he is so arrested.

SECTION 304.

ORDER TO CHANGE PLACE AND MODE OF TRIAL.

The High Court, or any judge thereof, may make any of the orders herein-after mentioned upon the application of any defendant who has been committed for trial for any indictable offence, or who has received notice as herein-after mentioned, of the intention of any person to prefer an indictment against him, or on the application of 15 any person bound over to prosecute or prefer an indictment against any person; that is to say,

(a.) An order that the defendant shall be indicted or tried (both or either) before the High Court or any other competent court other than the court before which but for such order he would have 20 been tried.

(b.) An order that any such case shall be tried by a special jury. (c.) An order that any such case shall be tried as a civil action. No order for changing the place of trial shall be made unless the court is of opinion than an impartial trial cannot be had otherwise. 25 or that some question of law of more than usual difficulty and importance is likely to arise at the trial which can be more properly decided if the order is made than would otherwise be possible, or that the change would be convenient for the public or for the witnesses or the parties.

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Every order for changing the place of trial shall specify the county or jurisdiction in which the case is to be tried, and it shall be tried in all respects as if the indictment or inquisition had been found in that county or jurisdiction.

The party by whom or at whose instance any such order is made 35 shall forthwith give notice thereof to the other party, and to every person bound over to prosecute or give evidence, and to every person

A.D. 1878.

A.D. 1878. who has given bail for the appearance of the defendant, and to the person who at the time when the order is made is in possession of the depositions and other documents herein-after mentioned relating to the case. Such notice may be given by serving an office copy of the order on the person to whom it is to be given.

If it is ordered that any case shall be tried by a special jury, all the enactments in force for the time being as to the qualifications, the attendance, the drawing up of the panel, and the striking of special juries in civil cases, shall apply to the special juries and jurors to be summoned under this provision.

No order shall be made for the trial of any indictment as if it were a civil action, except in the following cases :-

i. If the defendant is charged with a common assault, a defamatory libel, or a common nuisance.

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ii. If the court or judge making the order is of opinion that the 15 principal object for which the indictment is preferred is to decide some matter of law or private dispute.

If any such last-mentioned order is made, all enactments or other rules of law relating to challenging jurors, or to the competency of witnesses, the admissibility of evidence, the taking of evidence, 20 new trials, appeals, and costs shall apply to the trial of such indictments, notwithstanding anything in this Act contained; but nothing herein contained shall affect in any other way the power of the court to pass any sentence or do any other thing which it might have passed or done if no such order had been made.

Whenever any order is made under this section the court or judge making it may impose such terms as may seem reasonable on the person at whose instance it is ma de as to bail, the payment of any costs incurred in consequence of the order, or any other matter.

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An appeal shall lie from any order of any judge under this section 30 to a division of the high court. Such appeal must be brought within. two days after the order is made, and the decision of the divisional court shall be final.

From the passing of this Act no writ of certiorari shall be issued in order to effect any purpose which can be effected by the provisions 35 herein contained.

Provided that this section shall not affect in any way any indictment or inquisition charging any peer, or person claiming the privilege of peerage, with any offence not now lawfully triable by a superior court.

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