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The Student's Guide to Stephen's New Commentaries on the Laws of England - Brossura

 
9780217398879: The Student's Guide to Stephen's New Commentaries on the Laws of England

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879. Excerpt: ... substantiated by tbe oath of the prosecutor, issue bis warrant in the first instance. At the hearing, which takes place before one or two justices as the case may require, the substance of the information is stated to the defendant, who is then asked to show cause why he should not be convicted, or why an order should not be made against him. Should he admit the truth or show no cause, the justice will summarily convict him. If he does not admit the truth, the justice or justices proceed to hear the parties and their witnesses and evidence, and having considered the matter, convicts or dismisses the information as he or they think fit. The practice upon summary conviction is in general regulated by 11 & 12 Vict. c. 48, consolidating and amending previous provisions on the subject. CHAPTER X. ARRESTS, What is an arrest? The apprehending or restraining of one's person in order to be forthcoming to answer a crime whereof one is accused or suspected, which may be done either (1) by warrant; (2) by an officer without warrant; (3) by a private person without warrant, who is present when any felony is committed; and (4) by hue and cry. CHAPTER XI. COMMITMENT AND BAIL. Wliat is commitment? The confinement of one's person in prison for safe custody by warrant from proper authority, unless in bailable offences he puts in sufficient bail or security for his future appearance. CHAPTER XII. THE SEVERAL MODES OF PROSECUTION. What is prosecution, and what are the various methods? A prosecution, which is the manner of accusing offenders, is either by the previous finding of a grand jury, as (1) by presentment; (2) by indictment, or without such finding; (3) by information; (4) by appeal. What was a presentment? The notice taken by a grand jury of any offence from their o...

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