Where insanity is alleged, the court will reprieve the prisoner, if found to be insane by means of an ex officio inquiry, or if his insanity otherwise sufficiently appear.
Although there is no right of appeal cases, a court has been recently formed for the consideration of crown cases reserved.
A practice had long existed for the judges on circuit to receive any objections taken on behalf of the accused, which appeared to them worthy of mature consideration, for the opinion of all the judges; and if they, or a majority of them, came to the conclusion that the objection was well founded, the defendant was recommended to the crown for a pardon. Although the decision of the judges in such eases was known, the reasoning by which they arrived at the con clusion did not transpire : while the power of reserving questions of Law was not possessed by the courts often most in need of the assistance of the judges on such points, namely, the courts of quarter sessions. Now, however, by the statute 11 & 12 Vict. c. 78, reciting that " it is expedient to provide a better mode of deciding any difficult question of law arising in criminal trials," it is enacted that when any person has been convicted of any treason, felony, or mis demeanor before any court of oycr and terntiner, or gaol delivery, or court of quarter sessions, the judge, or commissioners, or justices of the peace before whom the case has been tried, may in his or their discretion, reserve any question of law which has arisen on the trial for the consideration of the justices of either bench and barons of the exchequer ; and may respite execution, or postpone the giving of judg ment until such question has been decided, and in the meantime either commit the person convicted to prison or admit him to bail.
Fur the purpose of considering such questions (which arc transmitted to them in the form of a special case) the judges meet, five nt the tenet being required. including one chief justice or the chief baron, to con stitute a court fur the consideration of crown cases reserved, as it is termed, on ono or more days iu each term ; and then in open court deliver their judgment either upon or without argument, reversing, affirming, er amending the judgment already given, or where the con vktion is ranee' and no judgment has been Already given, ordering when and where It shall bsogiven.
The court which deterunnes these reserved questions of criminal law, is nut a court of criminal jurisdiction or appeal in the legal or ordinary sense of the term. It merely assists and guides with its
opinion the determination of the court or judge below, in whose dia. Ic exclneively vested the reservation of the case, and to whom, or to hie successor, the judgment (if the conviction be Affirmed) is wholly left should the execution of a judgment Ise neither prevented nor suspended, or, lowing been suepended, afsDuld have ceased to Ise so, such judgment Is to be executed according to law by the sheriff or other authorised person or his deputy. In capital cases, if the offender, after hanging, be taken down before he be dead, lie is to be hanged again until he be dead.
An regards the manner In which the various judgments which may la pronounced against offenders are to be executed, the subject is too exteesive to be further treated of in an article like the present.
An to the restitution of stolen property, see itESTITCTION. With respect to the expense' of prosecutions for indictable offences, the general provisions on the aubjeet are contained in 7 deo. IV. o. GI. According to these the court before which any person is prosecuted for felony or the following misdemeanors, namely, assaults with intent to commit felony; • attempts to commit felony; riots; receiving stolen property; upon peace-officers in the execution of their duty, or upon persons acting in their aid ; neglect or breach of duty by peace-officers; assaults, in pursuance of conspiracies to raise time rate of wages ; obtaining property by false pretences; indecent exposure of the person ; perjury and subornation of perjury, nasty, at the request of the prosecutor or any other person appearing on or subixena to prosecute or give evidence, order payment of costa and expenses incurred by the prosecutor in preferring the indictment, and also the reasonable expenses of the prosecutor and witnesses for the prosecution in attending before the grand jury and otherwise carrying on the prosecution ; and also, whether a bill of indictment be pretence! or not, may order the reasonable expenses incurred by any person by reason of attending on any such recognisance or subpcena (such attendance, where no indictment is preferred, appearing to be in bond fide obedience to the recognisance or istiloxcra), and, except in cases of misdemeanor, by reason of attending before the examining magistrate, and also, except in respect of attendance before such inagietrate in cases of misdemeanor, compensation for trouble and loss of time.