requiring him to be and appear at a time and place mentioned in such summons, before the said justice or before such other justice or justices of the peace for the same county, riding, division, liberty, city, borough or place as shall then be there, to testify what he shall know concerning the charge made against such accused party.

When compulsory process can be obtained against a witness.]-To justify a summons being issued to a witness, it is necessary, as appears from the foregoing section, that a deposition should be made on oath or affirmation: 1st, that the witness is within the jurisdiction; 2nd, that he is likely to give material evidence; and 3rd, that he will not attend voluntarily for the purpose of being examined. In a subsequent part of the same section, the justice is empowered to issue his warrant of apprehension in the first instance against a witness; but in that case he must be satisfied by oath or affirmation, that it is probable the witness will not attend without being compelled.

This part of the section is as follows:

Or if such justice shall be satisfied, by evidence upon oath or affirmation, that it is probable that such person will not attend to give evidence without being compelled so to do, then, instead of issuing such summons, it shall be lawful for him to issue his warrant in the first instance, and which, if necessary, may be backed as aforesaid.

The following are the forms given by the statute :—

to wit.

}

Whereas information hath been laid before the undersigned, (one) of Her Majesty's justices of the peace in and for the said (county) of that A. B. (fc., as in the summons or warrant against the accused), and it hath been made to appear to me, upon (oath), that you are likely to give material evidence for the (prosecution): these are therefore to require you to be and appear before me on next,

justices of the peace for the same county as may then be there, to

testify what you shall know concerning the said charge so made against the said A.B. as aforesaid. Herein fail not.

Given under my hand and seal, this

day of

in the

in the (county) aforesaid. J. S. [L. S.]

WARRANT FOR A WITNESS IN THE FIRST INSTANCE.

To the constable of

to wit. S

the said (county) of

Whereas information hath been laid before the undersigned, (one) of Her Majesty's justices of the peace for the said (county) of that (fc., as in the summons); and it having been made to appear to (me), upon oath, that E. F., of (labourer), is likely to give material evidence for the prosecution, and that it is probable that the said E. F. will not attend to give evidence without being compelled so to do: these are therefore to command you to bring and have the said E. F. before o'clock in the forenoon, at

me on

at

or before

such other justice or justices of the peace for the same (county) as may then be there, to testify what he shall know concerning the said charge so made against the said A. B. as aforesaid.

Given under my hand and seal this

the year of our Lord

at

, in

day of in the (county) aforesaid. J. S. [L. S.]

Warrant against a witness on his failing to appear to a summons.]-If the witness has been duly served with a summons, and he fail to appear at the proper time, and no sufficient excuse is offered for his absence, then, upon proof upon oath or affirmation that the summons has been served upon him either personally or by leaving it for him with some person at his last or most usual place of abode, the justice or justices may issue a warrant under hand and seal to apprehend him (sect. 16.)

The following is the form prescribed :

WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS.

Whereas information having been laid before the undersigned, (one) of

Her Majesty's justices of the peace in and for the said (county) of that A. B. (gc., as in the summons); and it having been made to appear to (me), upon oath, that E. F., of (labourer), was likely to give

material evidence for the prosecution, I did duly issue my summons to the said E. F., requiring him to be and appear before (me) on

at

or before such other justice or justices of the peace for the same (county) as might then be there, to testify what he should know respecting the said charge so made against the said A. B. as aforesaid; and whereas proof hath this day been made before me, upon oath, of such summons having been duly served upon the said E. F., and whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just cause has been offered for such neglect: these are therefore to command you to bring and have the said E. F. before me on o'clock in the forenoon, at before such other justice or justices of the peace for the same (county) as may then be there, to testify what he shall know concerning the said charge so made against the said A. B. as aforesaid.

at

or

, in the

in the (county) aforesaid.

J. S.

[L. S.]

Mode of compelling attendance of a witness who is out of the jurisdiction.]—It will be observed that a summons or warrant can only be issued when the witness is within the jurisdiction of the justice, though if he afterwards remove out of such jurisdiction the warrant may be backed: (section 15.) If, therefore, it is necessary to have the testimony of a witness, who will not voluntarily attend, and who is not within the jurisdiction of the justice before whom the charge is to be heard, the only mode of compelling his appear. ance is by a Crown Office subpoena, which issues upon application out of the Crown Office in London, and which may be followed by an attachment if disobeyed: (Reg. v. Greenaway, 7 Q. B. 126; Reg. v. Carey, 7 Q. B. 126.)

A witness cannot demand his expenses in the first instance.]-A witness cannot refuse to attend, upon

being served with a summons or a subpœna, until his expenses are paid: (R. v. James, 1 C. & P. 322.)

No power to compel attendance of witnesses for a prisoner-how such witnesses to be obtained.]-The power of a justice to compel the attendance of witnesses extends to those only on the part of the prosecution; the party accused of an indictable offence, unlike a party charged with an offence punishable upon summary conviction, having no means of compulsorily enforcing the attendance of any witness before the committing magistrate, except through the process before mentioned of a Crown Office subpoena. If, therefore, it is deemed advisable on the part of an accused party (which it seldom will be) to compel the attendance of any witness on his behalf before the committing justice, his only course will be that before adverted to, of obtaining a subpoena from the Crown Office in London.

CHAPTER X.

THE HEARING.

Appearance of parties at the time of hearing.]-At the time and place appointed for the hearing, it is the duty of the prosecutor to be in attendance with his witnesses. If the accused party be in custody, he will be produced by the constable having charge of him. If he has merely been summoned and fail to appear, it has been shown in what manner he may be apprehended (ante, p. 129.)

Preparations for the hearing by the prosecutor.]— Before, however, appearing to substantiate the charge, it will be advisable for the prosecutor or his attorney so to marshal and arrange his evidence, as to present it in the most simple and intelligible form to the magistrates. If the case has been placed in the hands of an attorney, he will carefully look to the evidence, remembering that, as the testimony is given to the justices, so will it be taken down in the written depositions which afterwards are to come under the eye of the judge who ultimately tries the case, and whose only knowledge of it will, in the first instance, be derived from such depositions; facts, of the more importance when it is remembered that, upon the depositions so taken, the judge may have occasion to direct the grand jury as to the mode in which they should deal with the bill of indictment. Nor let it be supposed that, because the hearing before the justices is only preliminary, and not of a final nature, that