Inspection. Corporation books. University docu ments. Dean and Chapter. College of Physicians. Public company. Documents or dered to be depoor sited with clerk of peace for inspec. tion. Practice as to. Copy of indictment. R. v. Tower, 4 M. & Selw. 162); but this is otherwise as to a freehold tenant, who has no such right to inspect unless an action is pending. (R. v. Allgood, 7 T. R. 746; Rogers v. Jones, 5 D. & Ry. 484). A stranger has no such right. (Talbot v. Villeboro, 3 T. R. 142, n.) [2 an action by a corporation on a bye-law, the Court will grant the de fendant inspection of the bye-law in the books of the corporation, whe ther he be a member of the corporation or not. (Harrison v. Willar. 3 B. & C. 162). The books of a corporation are of a public nature, and every mem of a corporation, having an interest therein, has a right to inspect take copies of them, for any matter that concerns himself, though it 'e in a dispute with others. (R. v. The Fraternity of Hostmen in Newa tle-upon-Tyne, 2 Str. 1223). The inspection, when granted, is conf to the matter in dispute. (1 Barnard. 455; Crew q. t. v. Saunder Str. 1005; R. v. The Fraternity of Hostmen in Newcastle-upon-Tr.. Str. 1223; Tidd, 9th edit., 595; R. v. Babb, 3 T. R. 579). So, if a corporation bring an action for toll, the defendant, if he member, may have a rule upon the town-clerk to give him insp of all charters, records, deeds, &c., in his custody, relating to suc (Barnstable v. Lathby, 3 T. R. 303; Lynn v. Denton, 1 T.R. Mayor of Southampton v. Graves, 8 T. R. 590). But the mere c stance of a party being a member of a corporation will not give a right to inspect the corporation books, &c., respecting matters of vate concern, having no reference to his rights as a burgess; and the fore, where an attorney, having brought an action against a coral for the amount of his bill for business done, applied for an insp the corporation books, to enable him to prove his retainer, L refused it, saying, that, if the plaintiff wished the books at th might give the defendants notice to produce them. (Stevens & I Berwick, 4 Dowl. 277). In criminal cases, such as an ind information against a member of a corporation, the Court wil pel the corporation to grant inspection of their books to the pr (R. v. Purnell, 1 W. Bl. 37; 1 Wils. 239; R. v. Haydon, 1 F. E. 351). A member of either of the Universities may have inspection statutes and archives, if it become requisite in any matter affect in his relation of member; but where an information was fiel Attorney-General against the Vice-Chancellor of Oxford, for at meanour in his office, the Court held, that the Crown had në such inspection. (R. v. Purnell, 1 Wils. 239; 1 W. Bl. 37). A prebendary may have inspection of the charters &c. of t ter in any matter relating to his prebend. (Young v. Lynch,1 27). A member of the College of Physicians may have inspectin books of the College; but the Court will not order such inst be given to a stranger. (West v. Coll. of Physicians, 1 Wils. In an action by a public company against one of its mens Court refused the defendant an inspection of the books of the which he wanted for the purpose of making out a defence to the (Birmingham Railway Co. v. White, 10 Law J. 126, Q. B.) In R. v. Haine, (6 C. & P. 105), which was the case of a pr for sending a threatening letter, Bolland, B., ordered the letter deposited in the hands of the clerk of the peace, in order that fendant's witnesses might inspect it before the trial. As to the practice and proceedings in obtaining the inspectin Tidd, 9th edit., 593, &c. As to the defendant's right to have, and the mode of obtaining of the indictment or conviction against him, see ante, p. tit. "Conviction," Vol. I. Interest, when Witness Incompetent from, see " Evidence," Vol. II. Judgment. p. 429, and Addenda. Ereland, Venue for Offences in, see ante, 875; as to the Effect and Iron and Steel. See" Excise and Customs," Vol. II.; as to Disputes between Masters and Servants, see " Servants," Vol. V. Erons. As to Prisoners being put in, see " Arraignment," Vol. I p. 262; "Gaol," Vol. III. p. 368; when Offender may be Handcuffed on his Apprehension, see "Arrest," Vol. I. p. 279. Essue. See "Plea," Vol. V. Jews, Swearing &c. of, see "Evidence," Vol. II. p. 451, 452; Joinder of Offences and Defendants, in an Indictment, see ante, p. 860, 862; in Convictions, see "Convictions," Vol. I.; of Accessaries, see "Accessaries," Vol. I. p. 25, &c. Joinder in Demurrer. See "Demurrer," Vol. II. Joint-Stock Company, Property in, how described, in Indictment, see ante, "Indictment," 886; see "Companies." Joint Tenant, Larceny by, see post, “ Larceny.” Journals of Parliament, Proof of, see "Evidence," Vol. II. p. 384. Judge. See post," Justices," "Trial," Vol. VI.; “Bail,” Vol. I. Judge's Order, Proof of, see "Evidence," Vol. II. p. 395. Judgment. A JUDGMENT is the conclusion and sentence of the law, passed by What. the Court upon facts found or admitted in the course of the criminal proceeding against a party. A verdict is the finding of a jury; see tits. " Trial," " Verdict," Vol. VI. As to the mode of proving judgments, see tit. "Evidence," Vol. II. p. 391. VOL. III. 000 Judgment. When Court di vided in opinion. What Court to pronounce judg ment. At what time pronounced. Judgments in Queen's Bench to be pronounced in felonies or mis demeanours upon record during the sittings. If the Court be equally divided in opinion, no judgment can regular be entered. (See Iveson v. Moore, 1 Salk. 17, &c.; 1 Ld. Raym. S. C.) What Court may give Judgment.]-The Court of Queen's Bench give judgment in every case, whether the indictment were origin taken there or removed by certiorari from any inferior tribunal. C's case, Cro. Car. 175; 2 Hale, 401; R. v. Inhabitants of Upper Pa worth, 2 East, 413; R. v. Cock, 4 M. & Sel. 71). Justices of assize and Nisi Prius, by virtue of the 14 Hen. VI. are empowered, in cases of felony and treason, to pass sentence ups prisoner convicted before them. (R. v. Thomas, 4 M. & Sel. 447), Justices of oyer and terminer, gaol delivery, and of the peace, power to give judgment by virtue of their respective commissions. Chit. C. L. 697; 11 Hen. VI. c. 6; 1 Edw. VÍ. c. 7). The Court of a borough quarter sessions have authority to sentema and commit, in execution of such sentence, to the house of correction the county, an offender convicted at the borough sessions for petit ceny. (R. v. Houghton, 5 M. & Sel. 300). If an inferior Court de give judgment, a mandamus may be issued. (R. v. Justices of Yorkam (W. R.), 7 T. R. 467). When an issue, in case of misdemeanours, is sent down by writ Prius to be tried, the Queen's Bench is the proper Court to reser the judgment; and the judge, before whom the investigation took is considered as only the minister of the superior tribunal, and pronounce judgment of acquittal, or against the defendant. Time of pronouncing.]-When the offence is capital, the d By the 11 Geo. IV. & 1 Will. IV. c. 70, s. 9, “Upon all trials lonies or misdemeanours upon any record of the Court of King judgment may be pronounced during the sittings or assizes by before whom the verdict shall be taken, as well upon the shall have suffered judgment by default or confession, upon cord, as upon those who shall be tried and convicted, whether sons be present or not in Court, excepting only where the shall be by information filed by leave of the Court of King's such cases of informations filed by his Majesty's Attome wherein the Attorney-General shall pray that the judgment poned; and the judgment so pronounced shall be indorsed cord of Nisi Prius, and afterwards entered upon the reco and shall be of the same force and effect as a judgment of the less the Court shall, within six days after the commenceme suing term, grant a rule to shew cause why a new trial sh had or the judgment amended; and it shall be lawful for the fore whom the trial shall be had, either to issue an immedia Staying execution, warrant for committing the defendant in execution, or to repa ecution of the judgment, upon such terms as he shall think the sixth day of the ensuing term; and in case imprisonm part of the sentence, to order the period of imprisonment to on the day on which the party shall be actually taken to and prison." New trial. &c. Adjournment. Adjournment.]-The Court may adjourn to another day, and judgment. (6 St. Tr. 833). Judgment. Staying Judgment.]-In some cases, the defendant may, before the expiration of the rule for judgment, move to stay such judgment, as in indictments for not repairing highways, &c.; (see R. v. Inhabitants of Ox- Staying judgment. fordshire, 16 East, 223; R. v. Inhabitants of the County of Southampton, 2 Chit. Rep. 215; tit. "Highways," ante, p. 599); but this step is seldom resorted to. (See 1 Chit. C. L. 860). Upon the acquittal of the inhabitants of a parish in an indictment for the non-repair of a highway, the Court have suspended the judgment, in order that the case might be again tried without any prejudice from the former verdict. (R. v. Wandsworth, 1 B. & Ald. 63; R. v. Barbon, 5 M. & Selw. ante, p. 603). A witness being indicted for perjury is not a reason for postponing judgment against the person convicted. (R. v. Haydon, 1 W. Black. 404; 3 Burr. 1387, S. C.) A defendant being brought up for judgment for an assault, and it appearing that the prosecutor had commenced an action, which was still depending for the same assault; the Court refused to pass any judgment, except that the defendant should give security for his good behaviour, he having used violent language towards the prosecutor in addressing the Court; and this although, at the time of the defendant being brought up, the prosecutor offered to discontinue the action. (R. v. Ö'Gorman Mahon, 4 Ad. & E. 575). prose in Queen's Bench, Rule for Judgment.]-On the defendant's being found guilty in the Court Rule for judgment of Queen's Bench, in all cases, whether capital or otherwise, the cutor must enter a rule for judgment nisi causâ on the postea, with the clerk of the rules; (Hand's Prac. 12; 2 Barnard. 88; Tidd's Prac. 9th dit.); it being necessary that four days should elapse between the conviction and the judgment, if there are so many in the term remaining. 2 Hawk. c. 48, s. 1). The prosecutor must, in that time, bring the postea into Court, in order to enable the judges to pass sentence. (2 Barnard. 88; R. v. Perry, 5 T. R. 455). The practice respecting this proceeding is as follows:-The prose- New Trial.]-It is in this stage of the proceedings, and before the ex- New trial. Arresting the Judgment.]—At any time between the conviction and Arresting the judg the sentence, or immediately at the assizes, the defendant may move the ment, Court in arrest of judgment. (R. v. Holt, 5 T. R. 445; 2 Hawk. c. 48, &1; 4 Bl. Com. 375; see Tidd, 9th edit.) The motion may be made after a rule for entering a verdict for the Crown has been argued and made absolute. (Reg. v. Barton, (Inhabs.), 4 Jur. 431). The grounds on which this motion may be granted are confined to objections which arise upon the face of the record itself. (Sutton v. Bishop, 4 Burr. 2287; Truscott v. Carpenter, 1 Ld. Raym. 231). Want of sufficient certainty in the indictment, respecting the statement of the offence, apparent on the face of the indictment, is a sufficient ground. (4 Bl. Com. 375; R. v. Lookup, 3 Burr. 1901; R. v. Waddington, 1 East, 146. See ante, p. 868). On a general verdict of not guilty, it is no ground for arresting the judgment that one or more of the counts is bad, if there be any one Judgment. Appearance of defendant. Presence of defendant. count that is good. (Grant v. Astle, 2 Dougl. 730. See R. v. Turner, R & M. C. C. 47). But this is otherwise on a writ of error. (R.. O'Connell, House of Lords, Sept. 1844). We have already seen what formal defects are cured by the start 7 Geo. IV. c. 64, s. 20, ante, 900. It does not seem, however, that t statute cures the following defects, which are sufficient to reverse a jui ment upon error, such as, where the award of the venire was "ideo rem inde jurata," instead of “preceptum est vicecomiti;" where the jury w described as venerunt in the præterperfect, instead of veniunt in the p sent tense; where the words quia tam, &c., were left out in the awa of the venire; (R. v. George, i Str. 309); and where the words od to et ibidem were left out, as to the swearing of the jury. (R. v. Morri.. Str. 901). The motion on arrest of judgment may be grounded on any defect parent in any part of the record, which imports that the proceed were inconsistent or repugnant, and would make the sentence appest regular to future ages; and such defects are not confined to the indic ment itself. (1 Chit. C. L. 662). If the judgment be once pronounced, though before the actual ext of it, the Court ought not to attend to a motion in arrest of it, but lea the defendant to his writ of error. (R. v. Lookup, 3 Burr. 1901, 19%, Com. Dig. Indictment, (N) ). 1 The defendant must be personally before the Court to move in ar of judgment; because there is the strongest presumption possible t he is guilty. (R. v. Spragg, 2 Burr. 930, 931; 1 Bla. Rep. 209; (s Dig. Indictment, (N)). And so, if several be found guilty, they sha it seems, be all present. (R. v. Hollingberry, 6 D. & R. 345; 4 B. ♪ ' 329, S. C.) But where the jury find a verdict, in which they suba question to the Court, though not professedly special, his presence be dispensed with on the argument, because this presumption will then arise. (R. v. Nicholls, 2 Str. 1227; R. v. Spragg, 2 Burr. 31 It should also seem, that where the judgment against the defendan could not be corporal, but only be the payment of a fine, his pers appearance is not necessary. (Reg. v. Templeman, 1 Salk. 55, 7. Duke's Case, Id. 400; 1 Ld. Raym. 267, S. C.; 2 Hawk. c. 4, 8, infra). If the defendant be in actual custody, he must apply for a habeas corpus to enable him, on being brought up, to make the mL, (R. v. Spragg, 2 Burr. 931; 1 Bla. Rep. 209, S. C.) When a motion in arrest of judgment is made at the assizes, and the Judge thinks there may be good grounds for arresting it, the set respited, to take the opinion of the twelve judges. (1 Leach, Geo. II. c. 37, ss. 3 & 4; 1 Leach, 101; 2 Leach, 1104). If the ja thinks otherwise, he then passes sentence, but he may, nevertheless, spite execution, in order to take the opinion of the judges up th point. (2 Leach, 1026, 1027). If the judgment be ultimately arrested, all the proceedings will aside, and judgment of acquittal will be given, but a subsequent indi ment may at any time be preferred against him. (3 P. W. 47. Vaux's Case, 4 Co. 45; Com. Dig. Indictment, (N); 4 Bl. Com. 375), Presence of Defendant.]—The Court may assess a fine, but cannot award any corporal punishment against a defendant, unless he be personal present. (2 Hawk. c. 48, s. 17; R. v. Hann, 3 Burr. 1786; R. v. H lingberry, 4 B. & C. 329; 6 D. & R. 345, S. C.) The defendant, to m tigate a fine, must appear in person. (3 Salk. 33). On certain occasions the Court will dispense with the personal appear ance of delinquents to receive judgment. (Anon., Lofft, 28). The Cour refused to dispense with it in a case of aggravated assault. (Anon., L 42). A justice convicted of a misdemeanour in his office must attend!! person to receive the judgment of the Court; but, upon an affidavit age and infirmity, the Court will dispense with his personal attendanc.... |