&c.,

to be de

tions, bailments, and recognizances, and deliver, or cause to be delivered the same Examinations officer of the Court in which the trial is to be, before, or at the open-vered to the to the proper ing of the Court; and in case any person so summoned shall refuse to submit to Court. such examination or to enter into such recognizance, it shall be lawful for the Justice or Justices to commit such person to the common Gaol of the District, County, City or Town, until such person shall submit to such examination, or shall enter into such recognizance, or be discharged by due course of law: Provided that no such examination shall subject the party examined to any prosecution or penalty, or be given in evidence against such party, save on any indictment for having committed wilful and corrupt perjury in such examination.

Duty of Jus

of misde

meanor.

III. And be it enacted, that every Justice of the Peace, before whom any person shall be taken on a charge of misdemeanor, or suspicion thereof,shall take the exami- tices on charges tion of the person charged, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing, before he shall commit to prison or require bail from the person so charged; and in every case of bailment, shall certify the bailment in writing, and shall have authority to bind all persons by recognizance to appear to prosecute or give evidence against the party accused in like manner as in cases of felony; and shall subscribe all examinations, informations, bailments, and recognizances, and deliver or cause to be delivered the same to the proper Officer of the Court in which the trial is to be, before, or at the opening of the Court, in like manner as in cases of felony, and that no traverse or other postponement of No traverse any trial thereupon had, shall be allowed except upon special cause shewn to the allowed. satisfaction of the said Court or by consent of the prosecutor.

Duty of

IV. And be it enacted, that every Coroner, upon any inquisition taken before him, whereby any person shall be indicted for manslaughter or murder, or as Coroner. an accessory to murder before the fact, shall, in presence of the party accused, if he can be apprehended, put in writing the evidence given to the jury before him, or as much thereof as shall be material, giving the party accused full opportunity of cross-examination; and shall have authority to bind by recognizance all such persons as know or declare any thing material touching the said manslaughter or murder, or the said offence of being accessory to murder, to appear at the next Court of Oyer and Terminer, or Gaol Delivery, or other Court at which the trial is to be, then and there to prosecute or give evidence against the party charged; and every such Coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver the same to the proper Officer of the Court in which the trial is to be, before, or at the opening

of the Court.

V.

When party committed wishes to be bailed, the Justices on no

tice thereof to

forward, all in

formations to Clerk of the Crown.

Same orders

to be made as in Habeas Corpus.

Penalty on Justices and Coroners.

Provisions to apply to all

Justices and
Coroners.

Persons tried for felony to

have benefit of Counsel.

Same in cases

V. And be it enacted, that when and so often as any person shall be committed for trial by any Justice or Justices, or Coroner as aforesaid, it shall and may be lawful for such Prisoner, his Counsel, Attorney or Agent, to notify the said committing Justice or Justices, or Coroner, that he will so soon as Counsel can be heard, move Her Majesty's Court of Superior Jurisdiction for that part of the Province in which such person stands committed, or one of the Judges thereof, for an order to the Justices of the Peace, or Coroner for the District where such Prisoner shall be confined, to admit such Prisoner to bail, whereupon it shall be the duty of such committing Justice or Justices, or Coroner, with all convenient expedition to transmit to the office of the Clerk of the Crown, close under the hand and seal of one of them, a certified copy of all informations, examinations, and other evidences, touching the offence wherewith such Prisoner shall be charged, together with a copy of the warrant of commitment and inquest, if any such there be, and that the packet containing the same shall be handed to the person applying therefor, in order to such transmission, and it shall be certified on the outside thereof to contain the information touching the case in question.

VI. And, be it enacted, that upon any application to Her Majesty's Court of Superior Criminal Jurisdiction, for that part of the Province within which such person stands committed, or to any Judge thereof, the same order touching the Prisoner being bailed or continued in custody, shall be made as if the party were brought up upon a Habeas Corpus.

VII. And be it enacted, that if any Justice or Coroner shall neglect or offend in any thing contrary to the true intent and meaning of any of the provisions of this Act, it shall be lawful for the Court to whose Officer any such examination, information, evidence, bailment, recognizance, or inquisition ought to have been delivered, and such Court is hereby authorised and required, upon examination and proof of the offence, in a summary manner, to set such fine upon every such Justice or Coroner as the Court shall think meet.

VIII. And be it enacted, that the provisions of this Act relating to Justices and Coroners, shall apply to the Justices and Coroners, not only of Districts and Counties at large, but also of all other jurisdictions.

IX. And be it enacted, that all persons tried for felonies shall be admitted, after the close of the case for the prosecution, to make full answer and defence thereto by Counsel, learned in the law, or by Attorney in the Courts where Attornies practice as Counsel.

X. And be it enacted, that in all cases of summary conviction, persons accused shall

conviction.

shall be admitted to make their full answer and defence, and to have all witnesses of summary examined and cross-examined by Counsel or Attorney.

XI. And be it enacted, that when and so often as the attendance of any person confined in any Gaol or Prison in this Province, or upon the limits thereof, shall be required in any Court of Assize and Nisi Prius, or Oyer and Terminer or General Gaol Delivery, or other Court, it shall and may be lawful for the Court before whom such Prisoners shall be required to attend, in its discretion to make order upon the Sheriff, Gaoler or other person having the custody of such Prisoner, to deliver such Prisoner to the person named in such order to receive him, which person shall thereupon instantly convey such Prisoner to the place where the Court issuing such order shall be sitting, there to receive and obey such further order as to the said Court shall seem meet: Provided always, that no Prisoner confined for any debt or damages in any civil suit shall be thereby removed out of the District where he shall be confined.

XII. And be it enacted, that all persons who, after the passing of this Act, shall be held to bail or committed to prison for any offence against the law, shall be entitled to require and have on demand (from the person who shall have the lawful custody thereof and who is hereby required to deliver the same,) copies of the examinations of the witnesses, respectively, upon whose depositions they have been so held to bail, or committed to prison, on payment of a reasonable sum for the same, not exceeding three pence for each folio of one hundred words: Provided always, that if such demand shall not be made before the day appointed for the commencement of the Assize or Sessions at which the trial of the person on whose behalf such demand shall be made, is to take place, such person shall not be entitled to have any copy of such examination of witnesses, unless the Judge or other person to preside at such trial, shall be of opinion that such copy may be made and delivered without delay or inconvenience to such trial, but it shall, nevertheless, be competent for such Judge or other person so to preside at such trial, if he shall think fit, to postpone such trial on account of such copy of the examination of witnesses not having been previously had by the party charged.

XIII. And be it enacted, that all persons under trial shall be entitled, at the time of their trial, to inspect without fee or reward all depositions (or copies thereof) which have been taken against them, and returned into the Court before which such trial shall be had.

XIV. And be it enacted, that if any person, whatever, being arraigned upon any indictment for treason, felony, or piracy, shall plead thereto a plea of "not guilty,' such person shall, by such plea, without any further form, be deemed to have put

himself

Orders for

delivery of tried at As

prisoners to be

sizes.

Proviso.

Prisoners entitled to copies

of depositions against them.

Persons un

der trial may inspect all de

positions.

A plea of not guilty without more shall

put the prisoby Jury.

ner on his trial

If he refuse to plead, the

Court may or der a plea of,

"not guilty" to be entered.

Every challenge beyond

ber shall be

himself or herself upon the Country for trial, and the Court shall, in the usual manner, order a Jury for the trial of such person accordingly.

XV. And be it enacted, that if any person, being being arraingned upon or charged with any Indictment or information for Treason, Felony, Piracy, or Misdemeanor, shall stand mute of malice, or will not answer directly to the Indictment or information, in every such case, it shall be lawful for the Court, if it shall so think fit, to order the proper Officer to enter a plea of "Not Guilty" on behalf of such person; and the plea so entered shall have the same force and effect as if such person had actually pleaded the same.

XVI. And be it enacted, that if any person indicted for any Treason, Felony, or Piracy, shall challenge peremptorily a greater number of the men returned to be the legal uum- of the Jury, than such person is entitled by Law so to challenge, in any of the said cases, every peremptory challenge beyond the number allowed by Law in any of the said cases, shall be entirely void, and the trial of such shall proceed as if no such challenge had been made.

void.

Attainder of

XVII. And be it enacted, that no plea setting forth any Attainder shall be another crime pleaded in bar of any Indictment, unless the Attainder be for the same offence as that charged in the Indictment.

not pleadable.

Jury shall not inquire of

prisoner's lands &c., nor whe

her he fled.

Benefit of Clergy abolished.

What felo

be capital.

XVIII. And be it enacted, that where any person shall be indicted for Treason or Felony, the Jury impanelled to try such person shall not be charged to inquire concerning his lands, tenements or goods, nor whether he fled for such Treason or Felony.

XIX. And be it enacted, that benefit of Clergy with respect to persons convicted of Felony shall be abolished; but that nothing herein contained shall prevent the joinder in any Indictment of any counts which might have been joined before the passing of this Act.

XX. And be it enacted, that no person convicted of Felony shall suffer Death, nies only shall unless it be for some Felony which was excluded from the benefit of Clergy by the Law in force in that part of this Province in which the trial shall be before the commencement of this Act, or which shall be made punishable with death by some Act passed after that day.

Every punishment for felony after it has been endured shall

XXI. And whereas it is expedient to prevent all doubts respecting the civil rights of persons convicted of Felonies not capital, who have undergone the punishment to which they were adjudged; be it therefore enacted, that where any

offender

of a pardon un

offender had been or shall be convicted of any Felony not punishable with death, have the effect and hath endured or shall endure the punishment to which such offender hath der the great been or shall be adjudged for the same, the punishment so endured hath and shall seal. have the like effects and consequences as a pardon under the Great Seal as to the Felony whereof the offender was so convicted: Provided always, that nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment to which the offender might otherwise be lawfully sentenced, on a subsequent conviction for any other Felony.

XXII. And whereas there are certain Misdemeanors which render the parties convicted thereof incompetent witnesses, and it is expedient to restore the competency of such parties after they have undergone their punishment; be it therefore enacted, that where any offender hath been or shall be convicted of any such Misdemeanor (except Perjury or subornation of Perjury) and hath endured or shall endure the punishment to which such offender hath been or shall be adjudged for the same, such offender shall not, after the punishment so endured, be deemed to be by reason of such Misdemeanor an incompetent witness in any Court or proceeding Civil or Criminal.

XXIII. And be it enacted, that in all cases in which any person shall be charged with Felony, the Officers of the Court before which such person shall be tried, or any proceeding had with regard to such charge, and who shall render any official services in the matter of such charge, or in the course of such trial, to the person so charged with Felony, shall be paid their lawful Fees for all such services out of the Public Funds, in the same manner as other Fees due and payable to them in respect of official services, by them rendered to the Crown, in the conduct of Public prosecutions, are now paid, and no such Fees shall in any case be demanded of or payable by the person charged with such Felony.

XXIV. And be it enacted, that every person convicted of any Felony not punishable with death, shall be punished in the manner prescribed by the Statute or Statutes specially relating to such Felony; and that every person convicted of any Felony for which no punishment hath been or hereafter may be specially provided, shall be deemed to be punishable under this Act,and shall be liable,at the discretion of the Court, to be imprisoned at hard labour in the Provincial Penitentiary for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Persons re

turning from

XXV. And be it enacted, that if any person sentenced or ordered, or hereafter to be sentenced or ordered, to be transported, or who shall have agreed or shall transportation agree to transport or banish himself or herself on certain conditions, either for life

or