Will, attestation, form of, 27, 285, Staying proceedings, 39

PAYLOR AND GRBENING, PRINTERS, GRAYSTOKH PLACH, PETTER LANH, LONDON, R.G

THE

EXAMINATION CHRONICLE.

EXAMINATION QUESTIONS AND ANSWERS.

MICHAELMAS TERM, 1861.

(Continued from Vol. I., p, 240.)

CRIMINAL LAW.

I. Name the principal court of criminal jurisdiction in England. ANS.-The Court of Queen's Bench (Exam. Quest. pp. 55, 75, 92; F. Bk. 360, 371, 2).

II.-Can criminal cases be removed into this Court from an inferior Court, and by what proceeding?

ANS.-Indictments may be removed into the Queen's Bench by writ of certiorari from inferior courts (1 Steph. Com. 453, 4th ed.; F. Bk. 342).

III. Explain the distinction between an indictment and a criminal information.

ANS.-An indictment is the ordinary form of proceeding for felonies or misdemeanours, and is preferred to the grand jury; whilst criminal informations are either for such serious misdemeanours as peculiarly tend to disturb or endanger the Government, or are filed by any private subject for gross misdemeanours, riots, gatherings, libels, and other immoralities, which, on account of their pernicious example, deserve public animadversion (F. Bk. 341; L. C. 321; 4 Steph. Com. 42-439, 4th ed.)

IV. How is a criminal information applied for, and where is it filed?

ANS. The first kind of information is filed without leave; in the second kind the party grieved applies to the Court of Queen's Bench for a rule to show cause why the criminal information should not be filed; which motion, in case of libel, must in general be supported by an affidavit denying the truth of the imputation (4 Steph. Com. 441-442, 4th ed.).

V. Under what authority do the judges try criminals at the assizes?

ANS.-By commissions of oyer and terminer, and gaol delivery (4 Steph. Com. 379, 380, 4th ed.).

B

VI. How is the court of general quarter sessions constituted, and by virtue of what authority do those who preside act? ANS.-The Court is constituted by two or more justices, one of them being of the quorum, meeting for the discharge of duties conferred on them within certain times prescribed by statute. The authority under which the justices act is the commission under the Great Seal, which authorises any two or more of the justices therein named to inquire of and determine felonies and other misdemeanours in their county committed (2 Steph. Com. 650, 551, 4th ed.; F. Bk. 88, 374, 375; Exam. Quest. 32, 56, 75, 92, 112).

VII. State how a person charged with felony or other crime is prosecuted to trial and conviction at the assizes or general quarter sessions.

ANS.-The first proceeding is an information or complaint in writing before a justice of the peace, who, when such prisoner is brought before him, is bound immediately to examine into the circumstances, and take the examinations on oath of prosecutor and witnesses, and put the same into writing; and if upon the whole inquiry the justice is of opinion that the evidence raises a strong and probable presumption of the accused's guilt, he must either commit him to prison or liberate him upon bail. After the commitment a bill is presented to the grand jury, and if found the accused is put upon his trial, his appearance being enforced by warrant, unless he appears voluntarily, or is already in custody (4 Steph. Com. 407, 504, 4th ed.; F. Bk. 340, 348.)

VIII, IX., & X. Can an accessory before the fact be tried and convicted if the principal has been acquitted, or has not been brought to trial? If indicted as a principal, can he be convicted being only an accessory ? Can an accessory after the fact be so proceeded against and convicted?

ANS. By 11 & 12 Vic. c. 46, an accessory before the fact to any felony may be tried and punished in all respects as if he were a principal felon; and an accessory after the fact may be indicted for a substantive felony, whether the principal shall or shall not have been or shall not be amenable to justice, and may thereupon be punished as such an accessory (F. Bk. 294; Exam. Quest. 33, 129; 4 Steph. Com. 111, et seq. 4th ed.).

XI. What acts are requisite to constitute the crime of burglary 1

ANS.-Burglary is where one by night breaks and enters into a mansion or dwelling-house, or building having a communication either immediate or by a covered and inclosed passage; or, being therein, breaks thereout, there being a felonious intent (F. Bk. 317,

319; Exam. Quest. pp. 15, 76, 113, 129; 4 Steph. Com. 173, et seq., 4th ed.)

XII. Can a person be convicted of perjury on the evidence of one witness? State the reason.

ANS.-On a charge of perjury there can be no conviction except on the oath of two witnesses, though it will be sufficient that the perjury be directly proved by one witness, and corroborative evidence on some particular point be given by another (4 Steph. Com. 484, 4th ed.; F. Bk. 346, 347.)

XIII. What constitutes a public nuisance, as distinguished

from a private grievance, and how is punishment and redress obtained?

ANS.-Public nuisances are a species of offence against the public, being either the doing a thing to the annoyance of all the sovereign's subjects, or the neglecting to do a thing which the common good requires. They are proceeded against by indictment (4 Steph. Com. 338, 4th ed.; F. Bk. 311; Exam. Quest. 147.)

XIV. What is the offence of maintenance ?

ANS. It is an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting, with money or otherwise, to prosecute or defend it (Bacon's Abr. Maintenance; 4 Steph. Com. 303, 4th ed.).

XV. State one or two cases where the act is justifiable.

ANS.-A man may maintain the suit of his near kinsman, servant, or poor neighbour, or he may maintain a suit in which he has any interest, actual or contingent (4 Steph. Com. 303, 4th ed.).

EXAMINATION STUDIES.

(MICHAELMAS TERM, 1861.)

The questions in the division of Common Law (vol. i., p. 221, 226) are not open to the objection so frequently urged against the questions at other examinations, inasmuch as in general they relate to matters with which it is reasonable to require articled clerks to have some experience. However, No. XI., relative to the rights and liabilities of assignees of leases, is one which would have been better omitted.

As to No. II (p. 221), the town articled clerks have an advantage over the country ones. The principal point in which the latter make