1818 June 19

Parl. Reform Bill

VIII Penal Securities

Procedure

14

4

14

1. Judicatory the Quarter Sessions (a)

2. Mark[?] of procedure, Indictment (b)

3. Stamps new; Office fees; new.

4. Not prosecutor only, but Defendant also examinable as well as prosecutor. (c)

5. On conviction, Defendant reimburses /pays/ to prosecutor his costs: on the score

of insufficiency[?] of pecuniary means on the one part and amplitude on the other,

power to Court to reduce such costs such /the amount of the/ reimbursement.

6. If by means of the offence to individual, individuals, or public pecuniary damage

appears to have been produced, power to Jury to allow or apportion allowance in the

name of damage of the facts of which for proof of damage inducive[?] proof is

intended to be adduced, notice to be given viz to the bills of particulars according

to the practice in civil actions. (d)

7. Co Offenders divers, costs and damage apportionable among them: regard being had

to pecuniary sufficiency as above.

8. For costs of prosecution, full liberty to solicit, furnish and receive

contributions

9. So for costs of defence.

Notes

a Quarter Sessions a less inadequate judicatory than Assizes. Quarter Sessions four

in a year: and in respect of duration those not peremptorily limited: Assizes, no

where more than two in a year in four /the four Northern/ Counties not more than one:

duration every where peremptorily limited

(b) Indictment in contradistinction to Civil Action, in fact[?] taken[?] more

expensive than Indictment; no more why it should be

(c) Had truth been the object so would he[?] be /Were truth the object so would he[?]

be/ in all places as well as in all cases. In felonies, if[?] ever unchargable ever

he is examinable antecedently to the trial though not at the trial: at the trial

though judicial confession is excluded, supposed extrajudicial is admitted

(d) Considerable indeed must /would/ be the several /respective amounts of these

masses of damage, if by Motions made and opposed on the subject of them they were not

eaten up.