That the constable or other peace officer who shall have served the same in manner aforesaid, shall attend at the time and place, and before the justices in the said summons mentioned, to depose, if necessary, to the service of such summons; and if the person so served shall not be and appear before the justice or justices at the time and place mentioned in such summons, in obedience to the same, then it shall be lawful for such justice or justices to issue his or their warrant for apprehending the party so summoned and bringing him before such justice or justices or some other justice or justices of the peace for the same county, riding, division, liberty, city, borough or place, to answer the charge in the said information and complaint mentioned, and to be further dealt with according to law.

If, therefore, the defendant fail to attend, the magistrates will examine the constable on oath as to the service of the summons. If it has not been legally served, as provided for by section 9 (ante, p. 119), they will either issue another summons, or grant a warrant of apprehension; but in the latter case they must, pursuant to section 8, take an information in writing and upon oath: (see as to service of summons ante, p. 40.) If, however, it appear that the summons has been duly served, the magistrates may issue their warrant of apprehension without taking any fresh information of any kind.

Appearance of Defendant-non-appearance of Prosecutor Adjournment, Discharge, Commitment, or Bailing of Defendant.]—Should the defendant appear, and the prosecutor not, nor any one on his behalf, and no satisfactory reason be given for his absence, the justices may discharge the party; or if any satisfactory reason should present itself to their minds why this course would be undesirable, it will be competent to them to remand the accused to a future time, and this they have ample power to do by virtue of the 21st section of the 11 & 12 Vict. c. 43, which enacts

That if from the absence of witnesses, or from any other reasonable cause, it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful to

and for the justice or justices before whom the accused shall appear, or be brought by his or their warrant, from time to time to remand the party accused for such time as by such justice or justices in their discretion shall be deemed reasonable, not exceeding eight clear days, to the common gaol or house of correction, or other prison, lock-up house or place of security in the county, riding, division, liberty, city, borough or place for which such justice or justices shall then be acting; or if the remand be for a time not exceeding three clear days, it shall be lawful for such justice or justices verbally to order the constable or other person in whose custody such accused party may then be, or any other constable or person to be named by the said justice or justices in that behalf, to continue or keep such party accused in his custody, and to bring him before the same or such other justice or justices as shall be there acting, at the time appointed for continuing such examination.

The same section then provides that the accused may be brought up before the expiration of the time. for which he is remanded. It also enacts that, instead of detaining the accused in custody during the period of remand, he may be discharged, upon his entering into a recognizance with or without surety or sureties conditioned for his appearance at the time and place appointed; and if he shall fail to appear, the justice. may certify the non-appearance upon the back of the recognizance, and transmit it to the clerk of the peace for the county, &c., to be proceeded upon in like manner as other recognizances, and such certificate is to be deemed primâ facie evidence of such non-appearance of the said party: (see post, pp. 132, 133.)

Justices cannot go into the case in the absence of the Defendant.]-The importance of securing the attendance of the accused is seen in this, that without his personal presence the justices have no jurisdiction to enter into the case; and herein consists an important distinction between such a case, and a proceeding by way of summary conviction in which, as has been seen (ante, p. 44), on the non-appearance of the defendant the

justices may proceed to hear the case ex parte, and finally determine the same.

Appearance of both Parties-Adjournments.]— Upon both parties appearing, the case will be proceeded with, unless some application is made for an adjournment. Upon the subject generally of adjournments, the justices, as before has been shown (ante, p. 130), have full discretionary powers, and it is hardly necessary to add, that whenever a reasonable ground for an adjournment is established by either party, the justices should grant it, first, however, being satisfied that no injury to the interests of public justice is likely to result.

Adjournments, for how long a period.]—It has before been seen (ante, p. 131) that, by section 21 of the 11 & 12 Vict. c. 42, the remand may be from time to time for a period not exceeding eight clear days. In such cases the remand must be by warrant. But if the accused is to be remanded for any period not exceeding three clear days, then it may be effected verbally, and without a warrant; and with reference to committing the defendant to custody pending an adjournment, the power to do so is not dependent upon the fact of the defendant having been apprehended, for the right thus to commit equally exists though he appeared voluntarily to a summons.

The following may be the forms :

and to the (keeper of the House in the said (county) of

to wit. of Correction) at Whereas A. B. was this day charged before the undersigned, (one) of Her Majesty's justices of the peace in and for the said (county), for that (fc., as in the warrant to apprehend); and it appears to me to be necessary to remand the said A. B.: these are therefore to command you, the said constable, in Her Majesty's name, forthwith to convey the said A. B. to the (House of Correction) at in the said (county), and there to deliver him to the keeper thereof, together with this precept; and I hereby command you, the said keeper, to receive the said A. B. into your custody in the said (House of Correction), and there

safely keep him until the

day of

instant, when I hereby

at

o'clock in the forenoon

command you to have him at of the same day, before (me) or before such other justice or justices o the peace for the said (county) as may then be there, to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the mean time.

If a second remand has taken place, this warrant may easily be adapted to meet that state of things—

me, (one) of Her Majesty's justices of the peace for the said (county), and severally acknowledged themselves to owe to our Lady the Queen the several sums following: that is to say, the said A. B. the sum of and the said L. M. and N. O. the sum of each, of good

and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands, and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he, the said A. B. fail in the condition indorsed.

Taken and acknowledged the day and year first above mentioned,

The condition of the within-written recognizance is such that, whereas the within-bounden A. B. was this day (or on last past) charged before me, for that (fc., as in the warrant); and whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the day of instant; if, therefore, the said A. B. shall appear before me on the said

day of

instant, at

o'clock in

the forenoon, or before such other justice or justices of the peace for the said (county) as may then be there, to answer (further) to the said charge, and to be further dealt with according to law, then the said recognizance to be void, or else to stand in full force and virtue.

NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO THE ACCUSED AND HIS SURETIES.

of

, are bound in the sum and your sureties L. M. and N. O. in the sum

each, that you, A. B., appear before me, J. S., one of Her Majesty's justices of the peace for the (county) of

on

o'clock in the forenoon, at

the

or

before such other justice or justices of the peace for the same (county) as may then be there, to answer further to the charge made against you by C. D., and to be further dealt with according to law; and unless you, A. B., personally appear accordingly, the recognizance entered into by yourself and sureties will be forthwith levied on you and them.

CERTIFICATE OF NON-APPEARANCE TO BE INDORSED ON THE

RECOGNIZANCE.

I hereby certify that the said A. B. hath not appeared at the time and place in the above condition mentioned, but therein hath made default, by reason whereof the within-written recognizance is forfeited.

J. S.

The practical mode of taking the recognizance has been stated at page 48, ante.

Mode of compelling attendance of witnesses for the prosecution.]-It will often occur, that in order to substantiate the charge on the part of the prosecution, it is necessary to have the evidence of some unwilling witness. In such case, the Legislature has empowered the magistrates to compel the attendance of witnesses either by summons or warrant. The 16th section of the 11 & 12 Vict. c. 42, enacts

That if it shall be made to appear to any justice of the peace, by the oath or affirmation of any credible person, that any person within the jurisdiction of such justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against the accused, such justice may and is hereby required to issue his summons to such person, under his hand and seal,