2
to
led
when compled
line
be tried
Your the Colonial legislature twe Formided (Ordinance No. 14 of 1862, s.15) "that" every defendant in custody at "the opening or during the sitting of the Sessions, shall and may "thereat, if it is desired, and no special objection be made thereto on the part "of the Crown — a provision which,
1st with the Regula Generalis of the 15 March 1847, (s. 41) has always appeared to me, and, I believe, to the profession generally, to be applicable to Misdemeanants only. Its right being by law recognized in a person committed for felony, to have five days' notice of trial. I however think that interpretation wrong and that felons are also entitled to it. It is reasonably clear that they are included with misdemeanants in the above-cited enactment, and, as such, may, if so desired, and no special objection be made thereto on the part of the Crown, be tried at the Sessions at the opening whereof they may happen to be in custody, and that the expense and trouble to the Crown, and the oppression to the prisoner, of another calendar call before trial, may thus be avoided.
Taking this latter alternative as the position of such a prisoner, (although clearly of opinion that it is not favourable) I may pass on. A prisoner charged with felony is not a defendant within the meaning of the Regula Generalis and the Ordinance. I had for the first two Sessions after arrival here insisted upon bringing
Page 185
my