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to
led
when compled
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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
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be tried
Your the Colonial legislature twe Formided (brolinance M. 14 of 1862, 1.15) "that" every defendant in custody at "the
-opening or during the sitting of the Sessions, shall and many "thereat, if is devirme, and no special * objection be poide there to on the part "of the broom —_ a provision which,
1st with the Regula Gieratis the 15 March 1847, ( 3. 41) havalways appeared to me, and, I believe, to the profession generally, to be applicable to Misdemeanants only. _ is right being by low recognized in a personelungat with and committed for felony, to
five days notice of trial. I linvever in that interpretations wrong and felous are
are to butitled them it is propntinably, elear that they are als
a
Jam
included with misdemeanants in the
185
above cited enactment, and, as such,
may, if so desirous, and in special "thjection be made thereto on the post- "the brnow", be tried at the Version
3"
at the opening where of they may happen to be in enstody, and that the expense and trouble to the broom, and the oppression to the prisoner, of another calendar puniths detrimer in gorth before trial, mery thus be
avoided.
Jaking this latter alternative now of the position of such a prismer, (atthingh clearly of opinion that it is
Aeec fvor
OLV OL
take it, pasmeh
a privmur charged with felmy is not a defendant within the meaning of the Regula Generalis and the bendinned I had for the first two persions after arrival here invisted supon bringing
my
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