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SECTION 284.

CIVIL REMEDY NOT TO BE SUSPENDED BY FACT THAT ACT IS A CRIMINAL

OFFENCE.

From the passing of this Act no civil remedy which any person 5 may have against any other person for any act or omission shall be suspended or in any way affected by the fact that such act or omission amounts to a criminal offence; but if upon any civil proceeding it appears to the court that the act or omission for which the action is brought amounts to a criminal offence, the court may give 10 the same directions and take the same measures for the prosecution of the defendant as are herein-after authorised with regard to persons who appear to the court to have committed perjury.

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The word court has the same meaning in this section as in section 323.

SECTION 285.

PROCEEDINGS AGAINST PERSONS ACTING UNDER THIS ACT.

The following rules shall be observed as to all actions and prosecutions commenced against any person for anything done in pursuance of this Act.

(a.) The case shall be tried in the county where the thing complained of was done, unless the person proceeded against consents to its being tried elsewhere, and the power herein-after given to the High Court to order the place of trial to be changed shall not extend to any such prosecution.

(b.) The action or prosecution must be commenced within six months after the thing complained of is done.

(c.) Notice in writing of the plaintiff's intention to bring such action, and of the cause thereof, must be given to the defendant at least one month before its commencement.

(d.) The defendant may plead in general that the thing complained of was done in pursuance of this Act, and upon that plea may prove any special matter in his defence.

(e.) The defendant may tender a sum of money to the plaintiff by way of amends before the action is brought, or pay a sum of money 35 into court after it is brought, and if such amends appear upon the trial to be sufficient, the plaintiff shall not be entitled to recover.

(f.) If the defendant becomes entitled to recover costs from the plaintiff, he shall recover his full costs as between solicitor and

A.D. 1878.

A.D. 1878. client, and have the same remedy as any defendant has by law in other cases.

(g.) If the plaintiff becomes entitled to costs he shall not recover them unless the judge before whom the trial takes place certifies his approval of the action.

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SECTION 286.

ABOLITION OF DISTINCTION BETWEEN FELONY AND MISDEMEANOR.

From the time when this Act comes into force the distinction between felonies and misdemeanors shall be abolished, and all indictable offences shall be proceeded against in the same manner; 10 provided that nothing herein contained shall affect any specific punishment appointed for any offence by any Act of Parliament now in force: Provided also, that Peers of Parliament shall be entitled to the same privilege in respect of indictable offences, upon conviction of which the offender may be sentenced to death or penal servitude, 15 as they now are with respect to treason and felony: Provided also, that from the passing of this Act every disqualification which attaches to a conviction for felony shall attach to a conviction of any offence committed after the passing of this Act for which the offender might when he was convicted have been sentenced to 20 death, transportation, or penal servitude.

CHAPTER XXXIX.

WHAT OFFENCES TRIABLE IN ENGLAND, AND BY
WHAT COURTS.

SECTION 287.

WHAT OFFENCES MAY BE TRIED IN ENGLAND.

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Every person may be proceeded against in England, according to the provisions herein-after contained, for any indictable offence to which this Act extends, or for which he may be tried in England under the provisions of any other statute now or hereafter to be in 30 force.

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SECTION 288.'

JURISDICTION OF THE SUPERIOR COURTS.

The superior courts shall have jurisdiction to try all indictable offences whatsoever.

SECTION 289.

JURISDICTION OF THE COURTS OF QUARTER SESSIONS.

The courts of quarter session shall have jurisdiction to try all offences whatever, except

(a.) Offences punishable under the following chapters and sections 10 of this Act, that is to say:-Chapter V., Chapter VII., Chapter IX., Chapter XI., Chapter XII., Section 104, Section 110, Chapter XX., Chapter XXIV., Chapter XXVI., Chapter XXXII., Chapter XXXIV. (b.) Offences which may be punished by penal servitude for life although the offender has not been previously convicted.

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(c.) Offences against either House of Parliament or subject to the penalties of præmunire.

A.D. 1878.

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CHAPTER XL.

PLACE OF ARREST, COMMITMENT, AND TRIAL.

SECTION 290.

LOCAL JURISDICTION OF COURTS.

Every court shall have jurisdiction to try any person for any offence for which the court is otherwise competent to try him, wherever such offence may have been committed.

SECTION 291.

PLACE OF SITTING OF COURT.

Courts shall sit either in the district for which they act, or in any county of a city, or town corporate, or detached part of a county included in, surrounded by, or adjacent thereto, or if they act for a county of a city or town corporate in any county adjacent thereto, 30 provided that no proceeding before any court shall be invalid only because it took place in any other district than the one in which the

A.D. 1878, court ought to have sat, unless it is made to appear affirmatively that the defendant was actually prejudiced by such error.

SECTION 292.

LOCAL JURISDICTION OF GRAND JURY.

Any person may, subject to the provisions herein-after contained, prefer a bill of indictment against any person for any offence for which he is liable to be tried in England, before any grand jury sitting in England,

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in and for the district in which the court is to sit before which the prosecutor is bound over to present a bill of indictment under the 10 provisions contained in this Act, or

(if the offence was committed in a county of a city or town corporate) in and for the next adjoining county at large, or

(if the prosecutor is not bound over to prosecute) in and for the district in which the offence was committed, or in and for the district 15 in which the alleged offender was or habitually resided at the time when the prosecutor served upon the defendant the notice hereinafter mentioned; or

in and for any district in which the High Court under the pro- . visions of this Act directs the bill to be preferred.

A bill of indictment against any person who is a party to any offence may be preferred before any grand jury before which a bill might be preferred against the person by whom the offence itself was committed.

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A bill of indictment against any person charged with receiving 25 property unlawfully obtained may be preferred before any grand jury before which a bill might be preferred against the person by whom the property was so obtained.

SECTION 293.

WHAT JUSTICES ARE TO COMMIT FOR TRIAL, AND TO WHAT COURTS.

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Any justice before whom any person is brought upon a charge of having committed any indictable offence may hold the preliminary inquiry herein-after mentioned, and shall, if he commits the defendant for trial as herein-after mentioned, bind over some person in the manner herein-after provided for to present a bill of indictment 35 against the defendant at a court to be specified in the recognizance taken by such person, or such other court as may be appointed for the trial under the powers herein-after contained.

Such court shall in general be the court next to be held in and A.1). 1878. for the county or district in which, or within 500 yards of any part of the boundary of which, the offence was committed. If the justice has any doubt as to the county or district in which the offence was 5 committed, or if it was committed on a voyage or journey such court may be the court next to be held.in and for any county or district in which the justice thinks it probable that the offence may have been committed, or in or. for any county or district through any part of which the offender, or the person or thing in respect of whom or 10 which the offence was committed, passed in the course of such journey or voyage. If the offence was committed at sea, or out of England, or in any other case in which the justice considers such a course expedient for the ends of justice or for the convenience of the witnesses, such court may be the next court to be held in and for the 15 district in which the preliminary inquiry herein-after provided for takes place, and no objection shall be taken to the validity of any trial on the ground only that the defendant was ordered to be tried at a wrong place; but if any defendant is aggrieved by any such order he may appeal against it to a judge of the High Court who 20 may amend such order, and whose decision shall be final.

Every justice who acts for any county of a city or town corporate within which Her Majesty has not been pleased to direct a commission of oyer and terminer and gaol delivery to be executed for five years then last past shall, in general, commit all persons who 25 are committed for offences not triable at the quarter sessions to be tried at the next court of oyer and terminer and general gaol delivery for the next adjoining county at large; provided that every such justice shall have the same powers as to committing persons for trial in other counties in special cases as are herein-before 30 given to other justices.

No justice shall commit any person to take his trial before the High Court of Justice.

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SECTION 294.

FOR WHAT OFFENCES JUSTICES MAY COMPEL APPEARANCE.

Every justice may issue warrants or summonses as herein-after mentioned for compelling the attendance of defendants before him for the purposes of the preliminary inquiry herein-after provided for,

(a.) If the offence inquired into is alleged to have been committed in a district in or for which he acts; or

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