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Poor.
The Justices Opinion touching the
Commission by which the Justices sit at
Newgate.
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Chap. 73. |
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' THe Justices at Newgate sit by virtue of
two Commissions, viz. Gaol-delivery,
' and Oyer and Terminer. |
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' By the Commission of Gaol delivery, they may try
all Prisoners in
' the Gaol, or by bail, or such as be indicted, and will render themselves
' generally for all Felonies; and also for such other offences as are particularly
' assigned to them by Statute. |
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' The Statute of 4 Eliz. cap. 2. doth give
them power to receive Indictments
' against Prisoners, or such as are upon Bail, and to proceed to
' try the same, viz. Indictments taken before the Justices
of the Peace, and
' by Equity thereof, all Indictments before Coroners, 3 Mar. Bro. Commission,
' omnium 24. saith, the Commission is, Ad Deliberand. Gaol. de
prison,
' in eisdem existen. But they cannot take Indictments
as Justices of Gaol-delivery,
' but being Justices of the Peace, they may take Indictments
' against Prisoners, but not against them that be at large; forasmuch as
no
' power is given them, consequently they must have means to do so,
which
' is by Indictments. Id quærend. |
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' Howsoever it is clear, That they may inquire of
many offences, and
' take Indictments in such Cases where power by the Statute is given to
' the Justices of Gaol-delivery; in such Cases where they have authority
' by Law or Statute, there the title of Indictment is, that ad gaolam
deliberand,
' tent. before the Commissioners of Gaol-delivery J. S. was
indicted,,
' and the Record must be made up so. |
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' And whereas by the Statute of 4 Eliz. 3
cap. 2. Indictments taken
' before Justices of Peace or Coroners, or any other against any Prisoner,
' then the Entry of the Indictments is returned taken, Memorand. quod
ad
' generalem Sessionem tent. before A. B. C. Justices
ad pacem in Com. Middlesex
' or London, J. S. was indicted, and then tried before Justices
of Gaol-delivery,
' and by virtue of the said Statute, Indictments taken before Justices
' of the Peace of London or Middlesex, are tried before the
Justices of
' Gaol-delivery. |
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' The Commissioners of Oyer and Terminer
is Ad triand. inquirend. audiend.
' & determinand. They may inquire of all offences
mentioned in
' the Commission, albeit the offenders be at large, but they cannot
try
' Prisoners upon Indictments taken before any other than themselves, as
' the Justices of Gaol-delivery may by the aforesaid Statute, unless there
' be a special Commission made, as it was in the Case of the Earl of
' Leicester, mentioned in Plow. Com. for the ordinary Commission
of Oyer and
' terminer is ad inquirend. audiend. & determinand.
Therefore they cannot
' determine of things unless they made inquiry first; and on the other
side
' also the Justices of Gaol-delivery may try Indictments taken before
' Justices of the Peace; yet if one be indicted before Commissioners of
' Oyer and Terminer, the Justices of Gaol-delivery cannot
try the same,
' because the Record of the Commission of Oyer and Terminer
are to be
' returned in the Kings Bench. 44 E. 3. 31. |
3 Mar. Br.
Com. 24. |
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' The Commission and the Records of the proceedings
before the
' Justices of Gaol-delivery, are to be returned to the Custos Rotulor.
of the
' County, when the same persons are justices of Gaol-delivery, and of
' Oyer and Terminer, they may sit the same day and place,
and inquire
' by the same Jury, but the Entry of the Records must be several, according
' as the Indictment is. |
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