due notice of such trial to the prosecutor or his solicitor, and shall personally appear from day to day on the trial of the said indictment, and not depart until he shall be discharged by the Court before whom such trial shall be had; and shall appear from day to day on the return of the postea in the said Queen's Bench Division, and not depart until discharged by such last mentioned Court. And in case he, the said A. B., shall be convicted, he shall pay to the prosecutor his costs incurred subsequent to the removal of such indictment, then this recognizance to be void, or else to remain in full force.

Taken, &c.

No. 13.

NOTICE TO JUSTICES OF APPLICATION FOR CERTIORARI TO REMOVE CONVICTION, OR ORDER OF JUSTICES PURSUANT TO RULE 33.

To A. B. and C. D., Esquires, two of Her Majesty's justices of the peace in and for the county [city, or borough] of

day of

Take notice that the Queen's Bench Division of Her Majesty's High Court of Justice at the Royal Courts of Justice, London, will be moved on the or so soon after as counsel can be heard [or, if in vacation, that application will be made to a judge in chambers at the Royal Courts of Justice, London, on the at the hour of in the noon], on behalf of E. F., for a writ of certiorari to remove into the said Court a certain record of conviction [or order], under the hands and seals of you the said A. B. and C. D., as such justices as aforesaid, made on or about the

day of

day of

whereby the said E. F. was convicted of [here describe the offence, or describe concisely the order intended to be removed].

Dated, &c.

(Signed)

E. F. [or by his solicitor, stating himself to be the solicitor for the above-named E. F.].

No. 14.

AFFIDAVIT OF SERVICE OF NOTICE OF APPLICATION FOR CERTIORARI FOR CONVICTION, OR ORDER OF JUSTICES, OR ORDER OF SESSIONS.

A. B., Esquire, one of Her Majesty's justices of the peace, in and for the county of with the notice hereunto annexed,

did, on the

day of

marked A., by delivering a true copy of the said notice to the said A. B. at in the said county [or where the service is not personal, as follows]. That I, also serve C. D., Esquire, one other of Her Majesty's justices of the peace, in and for the said county, with the said notice, by delivering a true copy of the said notice to and leaving the same with [the wife, clerk, or servant] of the said C. D., at the house or residence of the said C. D., situate at in the said county.

If order of Sessions, add—

*2. That the said A. B. and C. D. were present at the sessions of the peace in and for the said county when the appeal mentioned in the said notice was heard, and were and are two of Her Majesty's justices of the peace in and for the said county, by and before whom the order of sessions mentioned in the said notice was made.

Sworn, &c.

Filed on behalf of

G. H.

*In the case of city or borough sessions held before the Recorder only, this paragraph not necessary.

No. 15.

SUMMONS FOR CERTIORARI FOR CONVICTION, OR ORDER OF JUSTICES, OR ORDER OF SESSIONS.

In the High Court of Justice,

Queen's Bench Division.

The Hon. Mr. Justice , judge in chambers.

in the

188

Upon reading the several affidavits of E. F. and G. H., and the exhibit thereto annexed, filed the day of and upon hearing counsel [or the solicitor] for the said E. F.It is ordered that all parties concerned attend the judge in chambers at the Royal Courts of Justice on the day of 188 at the hour of noon, upon the hearing of an application for a writ of certiorari, to remove into this Court a certain record of conviction [or order] under the hands and seals of A. B. and C. D., Esquires, two of Her Majesty's justices of the peace in and for the county of made on or about the day of whereby E. F. was convicted of [or ordered to, &c. Here describe shortly the offence or substance of the order]. [If for order of sessions, say, a certain order of sessions made upon a certain appeal between [the guardians of the poor of the Poor Law Union], appellants, and [the guardians of the poor of Poor Law Union], respondents, touching the last place of legal settlement of I. K., a poor person chargeable to

the said

Union (or otherwise shortly describe the appeal)], on the grounds:

[If objection on account of any omission or mistake in drawing up of order or judgment insert grounds.]

At the instance of

Dated, &c.

* A copy of the conviction or order should be exhibited.

No. 16.

JUDGE'S ORDER FOR CERTIORARI FOR CONVICTION, OR ORDER OF JUSTICES, OR ORDER OF SESSIONS.

[Heading as in No. 15.]

Upon reading the affidavit of L. M., filed the

day of

, 188, and upon hearing counsel [or the solicitors] on

both sides

It is ordered that a writ of certiorari issue to remove into this Court a certain [as in the summons No. 15].

No. 17.

CERTIORARI TO REMOVE CONVICTION, ORDER OF JUSTICES, OR ORDER OF SESSIONS.

Victoria, by the grace of God, &c., to the keepers of our peace and our justices assigned to hear and determine divers crimes, trespasses, and other offences committed within our county [or borough, or other jurisdiction, as the case may be] of and to every of them, greeting: We being willing for certain reasons that all and singular orders made by you or some of you [or if order of justices, say by A. B. and C. D., Esquires, two of our justices assigned as aforesaid (or if conviction, say all and singular records of conviction made, &c., whereby)]. [Here shortly describe the substance of the order or offence, &c. to be removed] (as is said), be sent by you before us, do command you, and every of you, that you or one of you do send forthwith under your seals, or the seal of one of you, before us, in the Queen's Bench Division of our High Court of Justice, at the Royal Courts of Justice, London, all and singular the said orders, with all things touching the same, as fully and perfectly as they have been made by you, or some of you, and now remain in your custody or power, together with this our writ, that we may cause further to be done

thereon what of right and according to the law and custom of England we shall see fit to be done.

Witness, &c.

To be indorsed.

1.

By order of Court [or of Mr. Justice

At the instance of the within-named defendant [or as the case may be.

This writ was issued by, &c.

No. 18.

RECOGNIZANCE TO PROSECUTE CERTIORARI FOR CONVICTION, ORDER
OF JUSTICES, OR ORDER OF SESSIONS.

Be it remembered, that on the

N. O., of

day of and P. Q., of

188,

come

E. F., of
before me, R. S., Esquire, one of her Majesty's justices of the
peace in and for the county of and acknowledge to owe
to our Sovereign Lady the Queen the sum of fifty pounds of lawful
money of Great Britain, to be levied upon their goods and
chattels, lands and tenements, to Her Majesty's use, upon condition
that if the said E. F. shall prosecute with effect, without any
wilful or affected delay, at his own proper costs and charges, a
writ of certiorari issued out of the Queen's Bench Division of Her
Majesty's High Court of Justice, to remove into the said Court
all and singular orders [or as the case may be. Insert description
from certiorari] and shall pay to the prosecutors, within one
month next after the said orders shall be confirmed in the said
Court, all their full costs and charges, to be taxed according to
the course of the said Court, then this recognizance to be void or
else to remain in full force.

Taken and acknowledged the day
and year first aforesaid.

Before me,

1

RECOGNIZANCE ON SPECIAL CASE ON ORDER OF SESSIONS IN

[Signed, &c.]

No. 20.

CRIMINAL CASES.

before me,
one of Her Majesty's justices of the peace in
and for the county of and acknowledge to owe to our
Sovereign Lady the Queen the sum of fifty pounds of lawful
money of Great Britain to be levied upon their goods and
chattels, lands and tenements, to Her Majesty's use, upon con-
dition that if he, the said A. B., shall prosecute with effect,
without wilful or affected delay, at his own proper costs and

any

charges certain proceedings in the Queen's Bench Division of Her Majesty's High Court of Justice to quash all and singular orders made by the keepers of the peace and justices in and for the county of upon the appeal of the said A. B. against a certain conviction against him for [shortly describe offence], and shall pay to the prosecutor, within one month next after the said orders shall be confirmed in the said Court, all his full costs and charges, to be taxed according to the course of the said Court, then this recognizance to be void, or else remain in full force. Taken, &c.

No. 21.

RETURN TO WRIT OF CERTIORARI.

Indorse the writ thus:-
:-

The execution of this writ appears by the schedules * hereunto annexed. The answer of A. B., Esquire, one of the keepers of the peace and justices within mentioned.

To be signed and sealed by one of the justices. (L.S.)

The schedules consist of the indictment orders and other documents to be returned.

No. 22.

MEMORANDUM PURSUANT TO RULE 37 THAT RECOGNIZANCE

NOT REQUIRED.

The Court having ordered that the within-mentioned order be quashed when returned no recognizance is required by the Crown Office Rules, 1886.

(Signed)

[by the Queen's Coroner and Attorney or other proper officer.]

No. 23.

ATTORNEY-GENERAL'S FIAT FOR APPLICATION FOR CERTIORARI.

Let application be made to the Queen's Bench Division of Her Majesty's High Court of Justice [or to a judge in chambers] for a writ of certiorari, to be directed to to remove into the said division* all and singular indictments of whatsoever misdemeanours [or felonies] whereof A. B. is [or may be] before them indicted.

Dated, &c.

(Signed)

R. WEBSTER (Attorney-General).

NOTE.-The writ must be indorsed at the instance of Her Majesty's Attorney-General.

* If for conviction or order of justices, or order of sessions, as in No. 16.