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SECTION 305.

POWER TO CHANGE PLACE OF TRIAL FROM COUNTY CORPORATE TO ADJOINING

COUNTY AT LARGE.

A superior court sitting in and for any county of a city or town 5 corporate or other franchise, except the county of the city of London, may, upon the prayer of the defendant, direct any indictment found by the grand jury, or any inquisition taken before the coroner thereof, to be tried before any superior court in and for the next adjoining county. York shall be considered to be the next 10 adjoining county to Kingston-upon-Hull, and Northumberland as the next adjoining county to Newcastle-upon-Tyne for the purposes of this section.

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SECTION 306.

COURT AFFECTED BY ORDER TO TAKE JUDICIAL NOTICE OF IT, AND NO PROOF
TO BE REQUIRED.

When any of the orders provided for in the last two preceding sections is made the court whose procedure is affected by it shall upon its production act upon it, unless it has reason to doubt whether it is genuine, in which case it shall satisfy itself as to its 20 authenticity by any means which it thinks proper, but neither the prosecutor nor the defendant shall be entitled to require proof of any such order or to dispute or bring in question its existence at any stage of the proceedings or at any subsequent time.

CHAPTER XLI.

25 PROCEEDINGS TO COMPEL APPEARANCE. ARREST WITHOUT WARRANT. INFORMATION.

SUMMONS. WARRANT.

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SECTION 307.

SUMMARY ARREST OF PERSONS FOUND COMMITTING OFFENCES.

Any person who is found committing any indictable offence may be apprehended by any person whatsoever without warrant, if the person making such arrest has reasonable grounds to believe that the offender may escape punishment or may complete the commission of the offence if he is not so apprehended.

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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SECTION 305.

POWER TO CHANGE PLACE OF TRIAL FROM COUNTY CORPORATE TO ADJOINING

COUNTY AT LARGE.

A superior court sitting in and for any county of a city or town 5 corporate or other franchise, except the county of the city of London, may, upon the prayer of the defendant, direct any indictment found by the grand jury, or any inquisition taken before the coroner thereof, to be tried before any superior court in and for the next adjoining county. York shall be considered to be the next 10 adjoining county to Kingston-upon-Hull, and Northumberland as the next adjoining county to Newcastle-upon-Tyne for the purposes of this section.

15

SECTION 306.

COURT AFFECTED BY ORDER TO TAKE JUDICIAL NOTICE OF IT, AND NO PROOF
TO BE REQUIRED.

When any of the orders provided for in the last two preceding sections is made the court whose procedure is affected by it shall upon its production act upon it, unless it has reason to doubt whether it is genuine, in which case it shall satisfy itself as to its 20 authenticity by any means which it thinks proper, but neither the prosecutor nor the defendant shall be entitled to require proof of any such order or to dispute or bring in question its existence at any stage of the proceedings or at any subsequent time.

CHAPTER XLI.

25 PROCEEDINGS TO COMPEL APPEARANCE. ARREST WITHOUT WARRANT. INFORMATION.

SUMMONS. WARRANT.

30

SECTION 307.

SUMMARY ARREST OF PERSONS FOUND COMMITTING OFFENCES.

Any person who is found committing any indictable offence may be apprehended by any person whatsoever without warrant, if the person making such arrest has reasonable grounds to believe that the offender may escape punishment or may complete the commission of the offence if he is not so apprehended.

A.D. 1878.

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SUMMARY ARREST OF PERSONS SUSPECTED OF HAVING COMMITTED OFFENCES.

Any justice of the peace, sheriff, coroner, police constable, or peace officer may without warrant arrest any person whom he suspects on reasonable grounds of having committed any indictable 5 offence upon a conviction for which the offender would be liable to be sentenced to death, or to penal servitude, or to be imprisoned and kept to hard labour for two years.

Any person whatever may without warrant arrest any such person if such an offence has actually been committed, or if the person 10 arrested is being pursued by hue and cry, but not otherwise.

Any constable or peace officer may arrest without warrant any person whom he finds lying or loitering anywhere between nine o'clock at night and six o'clock in the morning whom he suspects on reasonable grounds of having committed or of being about to 15 commit any indictable offence against the person or the property of

any person.

Any person to whom any property is offered to be sold, pawned, or delivered, and who has reasonable ground to suspect that any offence has been or is about to be committed on or with respect to 20 such property, may, and if he can shall, without warrant apprehend the person offering the same, and take possession of the property so offered.

Any person who finds any person in possession of any property which he upon reasonable grounds suspects to have been obtained 25 by any indictable offence may arrest such last-mentioned person without any warrant and take possession of the property.

SECTION 309.

DISPOSAL OF PERSONS ARRESTED UNDER PRECEDING SECTIONS.

Every person who arrests any person under any of the provisions 30 herein-before contained shall (if the person making the arrest is not himself a peace officer) deliver the person so arrested to some constable or other peace officer, in order to his being conveyed as soon as reasonably may be before a justice of the peace, to be by him dealt with as herein-after mentioned, or himself convey him before 35 a justice of the peace as soon as reasonably may be.

SECTION 310.

INFORMATION.

Any person who believes upon reasonable and probable cause that an indictable offence has been committed by any person may make 40

peace

A.D. 1878.

a complaint or give information thereof to a justice of the having local jurisdiction according to the provisions herein-before contained.

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SECTION. 311.

SUMMONS OR WARRANT.

The justice may, upon receiving such complaint or information, issue, as he thinks fit, either a summons or a warrant to compel the attendance before him of the defendant: Any summons or warrant may be issued on Sunday.

If a warrant is issued in the first instance, the information shall be in writing in the form (A.) given in the first schedule hereto, or to the like effect, and shall be made upon oath either by the prosecutor, or by a witness or witnesses. If a summons is issued in the first instance, the information may be by words spoken and 15 without oath.

The validity of any proceedings herein-after mentioned shall not be affected either by any defect in the information, or by the fact that a summons or warrant was issued without information.

Whenever any person has given to any justice of the peace an 20 information in writing and upon oath as aforesaid, he may, if the justice refuses to issue either a summons or a warrant under the provisions herein contained, require such justice to give to the informant a written certificate of his refusal, which may be in the form (B.) in the first schedule hereto, or to the like effect, and 25 the informant may apply to the High Court, or to any judge thereof, for an order directing such justice to issue a summons or warrant accordingly.

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SECTION 312.

CONTENTS OF WARRANT.

The warrant shall require the persons to whom it is directed to apprehend the defendant and to bring him before any justice or justices having local jurisdiction to be dealt with according to law. It may be in the form (C.) given in the first schedule hereto, or to the like effect; or if the offence was committed on the high seas 35 or abroad in the form (D.) in the said schedule, or to the like effect.

Every such warrant shall be under the hand and seal of every justice issuing the same, and may be directed either to any constable or other person by name, or generally to the constable of the parish or other place within which it is to be executed, without naming 40 him, or to such constable and all other constables or peace officers in the district or other district within which any justice issuing

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