Offence, or cause of Complaint.

WOOL: (Frauds as to)
See "Weights and Measures."

Statute.

Extent of Jurisdiction.

WORKMAN:

Artificer, workman, journeyman, apprentice, servant, or other person, unlawfully disposing of or retaining possession (without consent of employer) of any goods, work, or materials, &c., committed to his care (the value not exceeding £5). (a)

For wilfully spoiling goods or work— see "Malicious Injuries."

See also "Employer and Workmen."

Act to establish equitable councils of conciliation to adjust differences between Masters and Workmensee 30 & 31 Vic. c. 105; and for workmen's strikes see "Conspiracy and Protection of Property," Sum. Index.

WORKSHOP (Regulation Act): Regulating time of labour for children, &c.; and as to schooling &c., 41 & 42 Vic. c. 16.

See "Factories."

Exemption from penalties as to Jews 34 Vic. c. 19.

working on Sundays, with proviso

as to working on Saturday.

See also "Factories."

(a) A similar provision in 14 & 15 Vic. c. 92 (Ireland), is repealed by 24 & 25 Vic. c. 95.

INDICTABLE OFFENCES.

INTRODUCTORY REMARKS.

THE ministerial duty of the Magistrate in dealing with indictable crimes and offences is defined and unmistakable. He is, first, to be satisfied on a most important point (and to this end it is conceived the following Index may prove useful), that the offence or cause of complaint brought under his notice is one of which he can take cognizance, and in respect to which he is called upon to put the Criminal Law in motion. Then, if it is intended that a warrant shall issue to apprehend the accused, an information on oath and in writing is requisite; or, if he shall think that the ends of justice will be thereby sufficiently answered, it shall be lawful for him, instead of a warrant, to issue a summons in the first instance; but a summons having been served, will not, if he think fit, prevent his issuing a warrant, either before or after the day stated in the summons for appearance (14 & 15 Vic., c. 93, s. 11). It must always be borne in mind that, for the warrant, an information on oath and in writing, setting forth the offence, is indispensable; for the summons, the complaint may be made either on or without oath, and either in writing or not, according as the Justices shall see fit (sec. 10).

The accused being present, the witnesses shall be sworn, their evidence taken down, and the case proceeded with in the consecutive order pointed out in the statute.-14 & 15 Vic., c. 93, s. 14. (a)

The evidence being concluded, if the Justice shall be of opinion that it is not sufficient to put the accused on his trial, he shall order his discharge; but if he be of opinion that such evidence is sufficient to put him on his trial, or if such evidence "raises a strong or probable presumption of guilt," then he shall commit him for trial or admit him to bail (sec. 15). For the offences which are bailable as of right, those in the discretion of the Justice, and those bailable only by order of the Lord Lieutenant, or Chief Secretary, or Queen's Bench-see sec. 16. These last are cases of treason and treasonable felonies.

It will be seen that the duty of the Magistrate between the Crown and the prisoner is to act according to the best of his judgment and opinion on the evidence before him. It is not the case, as is sometimes asserted, that he ought not to put the accused on his trial unless upon evidence sufficiently clear for a petty jury to convict; he ought to send it forward for inquiry if, "in his opinion, the evidence raises a strong or probable

(a) This Act is given in the Appendix.

For the taking of "dying declarations," which need not be taken in presence of the accused, see the following Index.

presumption of guilt." It is equally erroneous to assert that, no matter how infamous the witnesses or improbable the case may be, the Justice has no discretion, and should form no opinion, but is bound to send it forward for trial. If such were the fact one cannot easily imagine to what purpose an inquiry by a Magistrate becomes necessary. Upon this subject Justice Bayly says:-"I differ from those authorities which say that the Magistrate has no discretion, and that he is not to judge of the probability of the case, and of the credit of the witnesses who are brought before him, to sustain a charge of felony; I think the Magistrate has a right to exercise his own discretion in such cases, and that he is bound to do it; and he ought not, as it seems to me, to commit the party unless he thinks there is a prima facie case made out by witnesses whom he may think entitled to a reasonable degree of credit." The Magistrate ought, therefore, to act on the clear conviction of his own understanding.

H. H.

The Index contains the crimes and offences given in the late Criminal Law Consolidation Acts, those created by other unrepealed statutes, and the offences punishable at Common Law. It was considered that such a summary would be useful. Although the extent of punishment in these cases forms no part of the duty of a Justice in Petty Sessions, it is added for the sake of uniformity.

INDICTABLE OFFENCES-WHERE TRIABLE.

In determining to what Court Justices should return cases for trial, the following are offences which Recorders' or Quarter Sessions Courts are in general restrained from trying, and should, therefore, be returned to Assizes.-See Taylor's Evidence, vol. 2.

Treason, murder; capital felony, or any felony which, when committed by a person not previously convicted of felony, is punishable by penal servitude for life; or any of the following offences :

1. Misprison of treason.

2. Offences against the Queen's title, prerogative, person, or Government, or against either House of Parliament.

3. Offences subject to the penalties of præmunire.

4. Blasphemy, and offences against religion.

5. Administering or taking unlawful oath.

6. Perjury and subornation of perjury.

7. Making, or suborning any other person to make a false oath, affirmation, or declaration, punishable as perjury or as a misdemeanour.

8. Forgery.

9. Unlawful and malicious setting fire to crops of corn, &c., or any part of a wood, coppice, or plantation of trees, or to any heath, gorse, furze, or fern. 10. Bigamy, and offences against the laws relating to marriage.

11. Abduction of women and girls.