EXAMPLE OF AN INFORMATION UNDER SECTION 1.

In the County of

Petty Sessional Division of

The 10th day of November, one thousand eight hundred and ninety-four.

The information of James Robinson, an officer of the National Society for the Prevention of Cruelty to Children, of

Martha Brown, of
Henry Smith, of

and of

in the County of who state that aforesaid, being a person over sixteen years of age, and having the custody, control, or charge of one Alice Smith, a girl under the age of sixteen years, to wit, of the age of ten years, did, on divers dates between the 1st day of August last and the present date, and on divers former days and occasions, in the County and Division aforesaid, wilfully ill-treat the said child Alice Smith, in a manner likely to cause the said child unnecessary suffering, contrary to the statute in such case made and provided.

at

And I the said James Robinson for myself say:

(1) In consequence of a communication made to me I visited the house of the said Henry Smith on the 5th day of October last. I saw there the said child Alice Smith, and observed that she had a scar, &c.

(2) I went for Dr.

I who examined the said child, and in

my presence wrote the certificate which I attach herewith.

And I the said Martha Brown for myself say:

(1) I reside next door to the said Henry Smith. I have on many occasions heard the sound of blows followed by screams, &c.

cannot be ascertained, some means must be taken to show whom the grand jury intend to designate. It is no longer necessary to set out the condition or trade of the accused (R. v. R. & R. 489), 14 & 15 Vict. c. 100, s. 24.

Circumstances.-It is not sufficient in an indictment to charge the defendant generally with the commission of an offence-e.g., that he did ill-treat children; there must be an averment that he had the "custody, care, or charge" of the child alleged to have been illtreated. The omission of any fact or circumstance which is a necessary ingredient of the offence vitiates the indictment, as, e.g., the omission to state that the child had been caused "unnecessary suffering or injury to its health." So, too, the neglect, ill-treatment, &c., of the child must

be alleged to have been "wilful," the intent being material (R. v. Philips, 6 East, 464). The child's age must be stated, since if over sixteen there would be no offence. So also there must be an averment that the defendant is over sixteen, as if he were under that age there would be no offence.

Person injured. The names of the injured party should in like manner be set out. A difficulty not unlikely frequently to arise under the Act is where the child injured is a bastard and unbaptised. If the child have acquired a name by reputation it will be properly described by its reputed name; the mere fact, however, that the mother has expressed a wish that it should bear a certain name will not be sufficient (R. v. Smith, 1 Mood. C. C. 402)

and

for that you, having

the custody, charge, or care of certain children (d) under the age of sixteen years, to wit, of the ages of respectively, did, on divers dates between the

and day of

years

and

the day of and on divers former days and occasions (e) within the said district, unlawfully and wilfully assault, ill-treat, neglect, abandon and expose (ƒ) the said in a manner likely

to cause them unnecessary suffering or injury to their health, contrary to the statute.

You are therefore hereby summoned to appear before the Court of Summary Jurisdiction, sitting at the Police Court on

the

day the day of next, at the hour of

noon, to answer to the said information.

Dated the

ninety

day of

in

one thousand eight hundred and

FORM OF SEARCH WARRANT FOR A CHILD. (9)

Petty Sessional Division of

In the County of To A. B., a Information has been laid before us on oath (7) this day by X. Y., a person who in our opinion is bonâ fide acting in the interest of the child hereinafter mentioned, that there is a reasonable cause to suspect that a certain child (i) has been illtreated (k) in a certain place, to wit, a house called 95 Street,

in

‚ (a) in a manner likely to cause the said child unnecessary suffering, you the said A. B. are therefore hereby, and in accordance with the provisions of the Prevention of Cruelty to Children Act, 1894, authorised to search for the said child, and if he is found to have been ill-treated in the manner aforesaid, to take him to a place of safety and to detain him there until you can bring him before a Court of Summary Jurisdiction.

And information on oath having been laid before us on this day that (recite information), you are therefore hereby commanded to bring the defendant the said before a Court of Summary

(d) Summons may include two or more children: sec. 18, subsec. (1), ante, p. 85.

(c) Evidence may be given of acts beyond six months: sec. 18, subsec. (3), ibid.

(f) All or any of these offences

may be charged together: sec. 18, sub-sec. (2), ibid.

(g) Ante, p. 79.

(h) Ante, p. 79.

(i) It is no longer necessary to name the child.

(k) Or assaulted, &c.

Jurisdiction sitting, &c., to answer to the said information, and further to take proceedings to punish him according to law. (7) Dated, &c.

FORM OF ORDER FOR CUSTODY AND MAINTENANCE UNDER SECTION 6.

In the Petty Sessional Court for the Division of
Whereas at a Court of

of and

on the

holden at

in the county

day of one thousand nine hundred

A. B., being a person having the custody of C. B., a child under the age of sixteen years, to wit of the age of years, was convicted of an offence in respect of the said child within the meaning of section 1 of 4 Edw. 7. c. 15 [or of an offence mentioned in the schedule to that Act] [or was bound over to keep the peace towards the said child] [or was committed for trial for an offence against the said child]:

And whereas we, the undersigned, sitting at a Petty Sessional Court, and acting in pursuance of the powers vested in us by section 6 of 4 Edw. 7, c. 15, are satisfied, on enquiry, that it is expedient that the said child should be taken out of the custody of the said

:

And whereas the religious persuasion to which the said child belongs appears to be

:

of

in the county of

appears to be

And whereas willing to undertake the charge of the said child, and to be a fit person:

And whereas the said

has given such an undertaking as is provided for by the eighth section of the said Act, that the child shall be brought up in accordance with the said religious persuasion:

Now we therefore do hereby order that the said child be taken out of the custody of the said and be committed to the charge 19 .

of the said

until the

day of

And we do further order that the said

sum of to the said
the said towards the maintenance of the said child.
Given under our hands and seals this

such sum of

do pay the weekly to be applied by

day of

of

FORM OF AGREEMENT TO TAKE CUSTODY.

To the Sitting Magistrate,

Police Court.

To the Justices of the Peace for the Petty Sessional Division

I

.

of

custody of the child

, hereby declare that I am willing to take the until the said child attains the age of

sixteen years, or until any order appointing me guardian is revoked or varied:

And I hereby further declare that I undertake that the child shall be brought up in the religious persuasion of a Protestant [Roman Catholic or Jew].

Signed.

of

CERTIFICATE OF COSTS.
To be Paid by the County.

In the County [or Borough] of

Petty Sessional Division

Before the Court of Summary Jurisdiction sitting at

day of

A. B. having been charged for that he did ill-treat his child C. B. in a manner likely to cause such child unnecessary suffering, and the above Court having, in pursuance of its statutory jurisdiction, dealt with the case summarily, on the and convicted the said A. B.: It is hereby certified that the undermentioned persons are, for their expenses, trouble, and loss of time in connection with the said charge, entitled to compensation as follows:£ 8. d.

E. F., an officer of the N. S. P. C. C., the prosecutor,

for his attendance here day and

residing at
night, being altogether hours

ORDER FOR COSTS UPON CONVICTION.

To be Paid by the Defendant.

In the, &c., as ante.

A. B., hereinafter called the defendant, is this day convicted for that he, &c., as ante.

And it is adjudged that the defendant, for his said offence, be imprisoned in His Majesty's prison at

labour for the space of

And it is ordered that the defendant pay to for costs forthwith:

and there kept to hard

the sum of

And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of such distress that the defendant be imprisoned in the said prison for the space of commencing at the termination of the imprisonment before adjudged, unless the said sum be sooner paid. (m)

Signed, &c.

County of

NOTICE TO ACCUSED UNDER SECTION 14.

To A. B., of

Whereas it has been made to appear to a justice of the peace of the said county by the evidence of a registered medical practitioner that the attendance of E. F. before a Court of justice would involve serious danger to his health, and that the said E. F. is able and willing to give material information respecting an assault inflicted upon him at in this county, on the

at

day of

noon,

and there is reason to believe that you may be accused of the offence of having caused such bodily harm. Now I hereby give you notice that one of His Majesty's justices of the peace of the said county will attend at situate in the parish of in this county, on the day of in the to take in writing the statement on oath of the said E. F., pursuant to section 14 of 4 Edw. 7, and that such statement may hereafter be read in evidence for or against you, and that you can if you so choose be present when such statement is taken, and by yourself, your counsel, or your solicitor, cross-examine the said E. F. on his making the same.