(G) Form of warrant to apprehend a person indicted.]—To the constable of -, and to all other peace officers in the said [county] of Whereas it hath been duly certified by J. D., clerk of the indictments on the circuit [or clerk of the peace of and for the [county] of -] [that, etc., stating the certificate]: These are therefore to command you, in his Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], or some other justice or justices of the peace in and for the said [county], to be dealt with according to law. Given under my hand and seal this in the year of our Lord -, in the [county] aforesaid. day of J. S. (L.S.) at (H) of at Form of warrant of commitment of a person indicted.]-To the constable and to the keeper of the [common gaol or house of correction], in the said [county] of Whereas by [my] warrant under [my] hand and seal, dated the day of after reciting that it Tad been certified by J. D. [etc., as in the certificate], [1] commanded the constable of and all other peace officers of the said county, in his Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], the undersigned, [one] of his Majesty's justices of the peace in and for the said [county]; or before some other justice or justices of the peace in and for the said [county], to be dealt with according to law: and whereas the said A. B. hath been apprehended under and by virtue of the said warrant, and being now brought before [me], it is hereupon duly proved to [me] upon oath that the said A. B. is the same person who is named and charged in and by the said indictment: These are therefore to command you, the said constable, in his Majesty's name forthwith to take and safely convey the said A. B. to the said [house of correction] at in the said [county], and there to deliver him to the keeper thereof, together with this precept; and I hereby command you the said keeper to receive the said A. B. into your custody in the said house of correction, and him there safely to keep until he shall be thence delivered by due course of law. Given under my hand and seal this day of at in the [county] aforesaid. the year of our Lord J. S. (L.S.) in Backing justice's warrants.]-If the person against whom a justice's warrant has been issued with respect to an indictable offence has escaped or gone into, or resides, or is supposed to reside or be "in any place in England or Wales, out of the jurisdiction of the justice issuing such warrant," upon proof alone being made on oath of the handwriting of the justice issuing such warrant, it is lawful for any justice of the peace for the county or place in which the person against whom the warrant has been issued is, or is supposed to be, to indorse the warrant in the following form; and such indorsement shall be sufficient authority for the execution of the warrant in that county or place. 11 & 12 Vict. c. 42, s. 11. An arrest under a warrant not backed by a justice of the county or borough within which it is executed is illegal. R. v. Cumpton, 5 Q. B. D. 341; 49 L. J. (M. C.) 41. A warrant issued by a Metropolitan Police Magistrate in respect of an offence committed within the Metropolitan Police District may be executed outside that district without backing by any of the constables to whom it is directed. 2 & 3 Vict. c. 71, s. 17. Under 11 & 12 Vict. c. 42, ss. 12, 13, 14, English warrants may be backed in Ireland, Scotland, or the Isles of Man, Guernsey, Jersey, Alderney or Sark. English warrants may also be executed in Ireland, after endorsement by the inspector-general or a deputy or assistant inspector of the Irish Constabulary, under 14 & 15 Vict. c. 93, s. 29, and 30 & 31 Vict. c. 19, s. 1. The form of indorsement used is as follows:- (K) [to wit: Whereas proof upon oath hath this day been made before me, one of his Majesty's justices of the peace for the said [county] of that the name of J. S. to the within warrant subscribed is of the handwriting of the justice of the peace within mentioned: I do therefore hereby authorize W. T., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all constables and other peace officers of the said [county] of to execute the same within the said last-mentioned [county], and to bring the said A. B., if apprehended within the same [county], before me [or before some other justice or justices of the peace of the same county], to be dealt with according to law. Given under my hand this day of 190. J. L. Offenders fleeing from the United Kingdom.]-Where the offender has fled to a British possession or a place to which the Foreign Jurisdiction Acts apply, the warrants for his arrest are executed under the Fugitive Offenders Act, 1881 (44 & 45 Vict. c. 69). Where the accused has fled to a foreign country to which the Foreign Jurisdiction Acts do not apply, his surrender is obtainable under the Extradition Treaty in force with such country, or in some cases by application to the foreign government, independently of any treaty. The procedure to be followed depends on the terms of the treaty or the requirements of the foreign government. See Clarke on Extradition (4th ed.); Biron and Chalmers on Extradition. For the text of the treaties see Statutory Rules and Orders (ed. 1904), vol. 5, tit. " Fugitive Criminal." The Extradition Acts of 1870, 1873, and 1895, in the main regulate only procedure for extradition from British dominions, but they forbid the trial of fugitives surrendered by foreign states, except on charges founded on the facts on which their surrender was made. When the defendant is already in prison.]—If the person against whom the indictment has been found is "confined in any gaol or prison for any other offence than that charged in the said indictment, at the time of such application and production of the said certificate to such justice or justices as aforesaid (ante, p. 105), it shall be lawful for such justice or justices, and he and they are hereby required, upon it being proved before him or them upon oath or affirmation that the person so indicted and the person so confined in prison are one and the same person, to issue his or their warrant (see post, 108), directed to the gaoler or keeper of the gaol or prison in which the person so indicted shall then be confined as aforesaid, commanding him to detain such person in custody until by his Majesty's writ of habeas corpus he shall be removed therefrom, for the purpose of being tried upon the said indictment, or until he shall otherwise be removed or discharged out of his custody by due course of law." 11 & 12 Vict. c. 42, s. 3. (I.) Form of warrant to detain a person indicted who is already in custody for another offence.]—To the keeper of the at in the said [county] of [common gaol or house of correction], Whereas it hath been duly certified by J. D., clerk of the indictments on the circuit [or clerk of the peace of and for the county of], that [etc., stating the certificate]: And whereas [I am] informed that the said A. B. is in your custody in the said [common gaol] at aforesaid, charged with some offence or other matter; and it being now duly proved, upon oath before [me] that the said A. B. so indicted as aforesaid and the said A. B. in your custody as aforesaid are one and the same person; These are therefore to command you, in his Majesty's name, to detain the said A. B. in your custody in the [common gaol] aforesaid, until by his Majesty's writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the said indictment or until he shall otherwise be removed or discharged out of your custody by due course of law. Given under my hand and seal this day of in the year of our Lord at , in the [county] aforesaid. J. S. (L.S.) Proceeding by bench warrant.]-By a long course of practice, it is an established rule that any court before which an indictment is found may forthwith issue a bench warrant for arresting the party charged, and bringing him immediately before such court, to answer such indictment. 8 Rep. Crim. Com. L. 99; Dick. Sess. 230 (6th ed.); and see 5 Ed. 3, c. 11; 34 Ed. 3, c. 1; Cro. Cir. Comp. 15 (10th ed.); 1 Chitty, Cr. L. 340; Archbold Q. S. (5th ed.) 99; Pritchard, Q. S. (2nd ed.) 194. In 3 Burn's J., tit. "Process," 1338 (30th ed.), it is said that the practice refers only to cases of misdemeanor. If the warrant is issued at the assizes, it is signed by a judge: if at sessions, by two justices of the peace. Hawkins, bk. 2, c. 27, s. 8, says that the warrant is granted when the court is sitting. This statement applies to commissions of the peace, and is only another way of saying that the court is not continuous, and the act must be done in sessions. Where the party against whom the indictment has been found is already under recognizance to appear and answer any indictment that may be preferred against him, and he does not appear, the prosecutor may bespeak a bench warrant, which will be signed by the justices at the close of the sessions; for the sessions being in law but one day, the defendant has the whole period of the sessions to appear. 2 Salk. 607; Cro. Cir. Comp. 15 (10th ed.). When a prosecutor applies for a bench warrant at the Central Criminal Court, a recognizance to prosecute with effect against the defendant is required. Reg. Gen., Jan. 1847; Car. & M. 254. It is said that at that court the warrant is only current for the session in which it is issued. Archbold, Q. S. (5th ed.) 99. See R. v. Nichols, 64 J. P. 217, Fulton, Recorder. This opinion probably rests on the theory that the court is not a continuing court, which was held to be erroneous by Wright, J., in R. v. Madge & Armstrong, Q. B. D., May 8, 1894, 29 Law. Jour. Newsp. 301, and Times, May 9, 1894, Wright and Collins, JJ., cited R. v. Parke (1903), 2 K. B. at 440. It is not now the practice to grant a bench warrant unless immediate arrest is necessary, or it is shown that the party charged was about to quit the country; R. v. Whittaker 2, F. & F. 1; and it is not granted for the arrest of defaulting witnesses. R. v. Crawford, 6 Cox, 481 (Ir.). The following is the form of a bench warrant : County of London.]-To all constables, headboroughs, and other his Majesty's officers and ministers within the county of London, and to every one of them whom it may concern: These are to will and require, and in his Majesty's name to charge and command you, upon sight hereof, to bring before us his Majesty's justices of the peace for the county aforesaid, at the sessions of the peace [or general quarter sessions of the peace] now holden at the Sessions House on Clerkenwell Green, in and for the said county, the body of A. B., who stands indicted before us at this same session for a trespass and assault [nature of the offence], if the court be then and there sitting, or if not, before us or some other of his Majesty's justices of the peace for the same county, to find sufficient sureties for his personal appearance at this present sessions, to answer the said indictment and all such other matters as on his Majesty's behalf shall be objected against him: and if he cannot be taken during this present session, that then, as soon after as he shall be taken, you bring or cause him to be brought before us or some other of his Majesty's justices of the peace of the said county to find sufficient sureties: that is to say, two sureties in £ each for his personal appearance at the next session of the peace to be holden for the said county, to answer as aforesaid, and further to be dealt with according to law. Hereof you are not to fail at your peril. Dated in open session at the Sessions House, Clerkenwell Green, aforesaid, this day of in the year of our Lord C. D. and E. F. Warrant by judge of the High Court.]-Under 48 G. 3. c. 58, s. 1, any judge of the King's Bench Division of the High Court of Justice upon affidavit or certificate of the fact (R. v. Redfern, 2 A. & E. 387) that an indictment has been found, or information filed in that court, against any person for an offence other than treason or felony, may issue his warrant for apprehending him and taking him before a judge of the High Court or a justice of the peace, to be by him held to bail with two sufficient sureties as the court specified in the warrant for appearance in the King's Bench Division at the time mentioned in the warrant to answer the indictment or information; and if such defendant neglects or refuses to provide bail, the judge or justice before whom he is brought may commit him to prison. After the termination of the assizes or sessions of the peace, upon a certificate from the clerk of assize, or the clerk of the peace (see form, ante, p. 105), a judge of the King's Bench Division, or a justice of the county in which the indictment has been found, may, by warrant under his hand, cause the party indicted to be arrested, and, in default of bail, commit him for trial. R. v. Downey, 17 Q. B. 281; 15 L. J. (M. C.) 29; 4 Bl. Com. 319. The statute does not preclude the use of a capias ad respondendum (ss. 1, 3), but that is now only needed as a step to outlawry. For form of warrant, see Short & Mellor, Crown Office Practice, p. 607 (No. 44); 8 Rep. Crim. L. 348. As to process on coroners' inquisitions, see post, p. 159. Outlawry.]-Where an indictment for treason, felony, or misdemeanor has been found by a grand jury against any person, whether a peer or a commoner, and summary process proves ineffectual to the apprehension of the defendant, process of outlawry is issued-outlawry being a punishment inflicted upon an offender by the law for contumacy, in refusing to render himself amenable to the justice of the King's courts. (a) Doct. & Stud. dial. 2, cap. 3; Bac. Abr. Outlawry; Com. Dig., Utlagary; 1 Chitty, Crim. L. 347; 2 Hale, 194; 2 Hawk. c. 27, s. 113. An outlawry (a) As to New South Wales law of outlawry, see R. v. Jemmy Governor [1900] 21 N. S. W. R. (Law), 278. in treason or felony still amounts to a conviction and attainder of the offence charged in the indictment, as much as if the offender had been found guilty by a jury; 4 Bl. Com. 319; 2 Hawk. c. 48, ss. 21-25; 33 & 34 Vict. c. 23, s. 1; but outlawry, in a case of misdemeanor, does not enure as a conviction for the offence, but merely as a conviction of the contempt for not answering. R. v. Tippin, 2 Salk. 494. Process of outlawry may be awarded by justices of oyer and terminer, and also by justices of the peace at quarter sessions, on indictments taken before them; 3 Burn's J., Process, 1339 (30th ed.); Dick. Q. Sess. 228 (6th ed.); but the practice of proceeding to outlawry in courts of quarter sessions seems to have become obsolete: 8 Rep. Crim. L. 103; and the usual course is to remove the indictment found at sessions by certiorari, and proceed to outlawry in the King's Bench Division. The most scrupulous exactness is required in all the proceedings in outlawry, which may be set aside on writ of error for any informality. 1 Chitty, Crim. L. 347. Although outlawry is still an integral, and has been described as an essential part of the criminal law (R. v. Wilkes, 4 Burr. 2527, 2551, Lord Mansfield, C.J.), proceedings in outlawry are exceedingly rare, and may almost be said to be extinct. Short & Mellor, Crown Office Practice, 384. It is therefore sufficient to refer to that work, which contains a full account of the proceedings in outlawry, and to the Crown Office Rules, 1886, rr. 99–121, which now regulate the practice in outlawry and reversal of outlawry, when the proceedings are in the King's Bench Division. Under s. 1, sub-s. 2, of the Statute Law Revision Act, 1888 (51 Vict. c. 3), the Lord Chancellor may, if he thinks fit, by order extend the Crown Office Rules in force for the time being, as to proceedings in outlawry, to proceedings in outlawry in courts of assize, oyer and terminer, and gaol delivery, and in other courts in England, with such modifications as to him may seem expedient, and as from the date of the order the old statutes as to outlawry scheduled to that Act are to be repealed. No order had up to the end of 1904 been made by the Lord Chancellor, and the old statutes remain in force as to the courts last named. SECT 10. BAIL. Nature of bail.]-Bail are sureties taken by a person duly authorized, for appearance at a certain day and place, to answer and be justified by law. Hale's Sum. 96; Dalt. c. 166, pt. 2. The defendant is placed in the custody of his bail; who may re-seize him (1 Hale, 124; Dalton, c. 166, pt. 2) if they have reason to suppose that he is about to fly, and bring him before a justice, who will commit the prisoner in discharge of the bail; R. v. Butcher, Peake, 226 (3rd ed.): 3 ̃R. R. 678; and any attempt to rescue him from their custody is illegal. ld. When granted.]—Bail in treason or felony is discretionary in the High Court or courts having jurisdiction to try the offence. R. v. McCartie, [1859] 11 Ir. C. L. R. 188, 192: R. v. Platt, 1 Leach, 157. Bail in misdemeanor is said to be of right at common law. R. v. Spilsbury [1898] 2 Q. B. 615, 62): R. v. Badger, 4 Q. B. 468, 472; 12 L. J. (M. C.) 66 ; 4 St. Tr., N. S. 1387: Re Frost, 4 T. L. R. 757, Coleridge, L.C.J.; and see 31 Car. 2, c. 2: 2 Hawk. c. 15, ss. 7, 13, 16. Refusal or delay by any judge or magistrate to bail any person bailable is by the common law an offence against the liberty of the subject. 4 Bl. Com. 297. It is also |