Proviso.

the same to him for payment: Provided always, that if such last-mentioned justice or justices shall not think the evidence against such accused party sufficient to put him upon his trial, and shall discharge him without holding him to bail, every such recognizance so taken by the said first-mentioned justice or justices as aforesaid shall be null and void.

NOTE.

This section introduces a new mode of proceeding, which will have the effect of saving much expense in the initiatory proceedings before magistrates. It has been remarked already, that this statute gives jurisdiction to magistrates, no matter where in England or Wales the offence may have been committed to the magistrate within whose jurisdiction the offence has been committed, no matter whether the offender be within his jurisdiction or not, and to the magistrate within whose jurisdiction the offender is, or is supposed or suspected to be, no matter where in England or Wales the offence may have been committed. In the latter case, where the offender appears before the magistrate, either upon summons, or after being apprehended, and it appears that the offence was committed out of his jurisdiction, if no witnesses appear against him, and it appear that no witnesses against him reside within the magistrates' jurisdiction, a warrant (R. 1) is made out, ordering him to be taken before a justice of the peace of the county or other jurisdiction where the offence is alleged to have been committed. If a witness or witnesses appear against him, but the testimony is not sufficient, in the opinion of the justice, to put the party upon his trial, their depositions are nevertheless taken, a warrant (R. 1) is made out, ordering him to be taken before a justice of the peace of the county or other jurisdiction where the offence is alleged to have been committed, together with the information and depositions, who will thereupon proceed to complete the examinations, and will commit the prisoner for trial, or admit him to bail, or discharge him, in the ordinary way. But if the witnesses who appear against the prisoner make out a case against him, sufficient in the opinion of the justice to put him upon his trial, then he at once commits (T. 1) him to the gaol or house of correction of the county or district where he is to be tried, or admits him to bail, and having bound over the prosecutor (if present) and the witnesses by recognizance, transmits the depositions and recognizances to the proper officer, as already mentioned.

The section makes provision for the costs and expenses of the constable in conveying the prisoner before the justice of the proper county; a similar provision is made by sect. 25 post,

for the expenses of conveying a prisoner to the gaol under the ordinary warrant of commitment.

FORMS.

(R. 1.)

Warrant to convey the Accused before a Justice of the County, &c. in which the offence was committed.

To W. T., constable of · the said [county] of

2

and to all other peace officers in

Whereas A. B. of labourer, hath this day been charged before the undersigned, [one] of her Majesty's justices of the peace in and for the said county of· for that [&c., as in the warrant to apprehend] : and whereas [I]* have taken the deposition of C. D., a witness examined by [me] in this behalf; but inusmuch as [I]* am informed that the principal witnesses to prove the said offence against the said A. B. reside in the [county] of C., where the said offence is alleged to have been committed: these are therefore to command you the said constable, in her Majesty's name, forthwith to take and convey the said A. B. to the said [county] of C., and there carry him before some justice or justices of the peace in and for that [county], and near unto the [parish of D.], where the offence is alleged to have been committed, to answer further to the said charge before him or them, and to be further dealt with according to law; and [I] hereby further command you the said constable to deliver to the said justice or justices the information in this behalf, * and also the said deposition of C. D.* now given into your possession for that purpose, together with this precept.

in the

Given under my hand and seal, this day of year of our Lord at in the [county] aforesaid.

J. S. (L. s.)

** If no witness have been examined, omit the words between the asterisks **

(R. 2.)

Order for Payment of the Constable's Expenses.

To R. W. Esquire, treasurer of the said county of C. Whereas W. T., constable of -in the county of A., hath by virtue of and in obedience to a certain warrant of J. S. esquire, [one] of her Majesty's justices of the peace in and for the said county of A., taken and conveyed one A. B., charged before the said J. S. with having [&c. stating shortly the offence], from · in the said county of A. to in the said county of C., a distance of· miles, and produced the said A. B. before me S. P. one of her Majesty's justices of the peace in and for the said county of C. and delivered him into the custody of · by [my] direction, to answer to the

said charge, and further to be dealt with according to law: And whereas the said W. T. hath also delivered to [me] the said warrant, together with the information in that behalf, and also the deposition of C. D. in the said warrant mentioned, and hath proved to [me] upon oath the handwriting of the said J. S. subscribed to the same: and whereas [I] have ascertained that the sum which ought to be paid to the said W. T. for conveying the said A. B. from the said county of A. to the said county of C., and taking him before [me], is the sum of -, and that the reasonable expenses of the said W. T. in returning will amount to the further sum of making together the sum of - these are therefore to order you, as such treasurer of the said county of C. to pay unto the said W. T. the said sum of -, according to the form of the statute in such case made and provided, for which payment this order shall be your sufficient voucher and authority.

Given under my hand, this

day of

(T. 1.)

185-.

J. P.

Bail in felony and

certain mis

taken at the time of the examination.

1 J. P. 154.

Warrant of Commitment.

See this form, post, p. 80.

peace

XXIII. And be it enacted, That where any person shall appear or be brought before a justice of the demeanors charged with any felony, or with any assault with intent to commit any felony, or with any attempt to commit any felony, or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving property stolen or obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person,or with riot, or with assault in pursuance of a conspiracy to raise wages, or assault upon a peace officer in the execution of his duty, or upon any person acting in his aid, or with neglect or breach of duty as a peace officer, or with any misdemeanor for the prosecution of which the costs may be allowed out of the county rate, such justice of the peace may, in his discretion, admit such person to bail, upon his procuring and producing such surety or sureties as in the opinion of such justice will be sufficient to ensure the appearance of such accused person at the time and

77.

after com

place when and where he is to be tried for such offence; and thereupon such justice shall take the recognizance (S. 1, 2) of the said accused person and his surety or Post, pp. 76, sureties, conditioned for the appearance of such accused person at the time and place of trial, and that he will then surrender and take his trial, and not depart the court without leave; and in all cases where a person Bail in the charged with any indictable offence shall be committed like cases to prison to take his trial for the same, it shall be lawful mitment. at any time afterwards, and before the first day of the sitting or session at which he is to be tried, or before the day to which such sitting or session may be adjourned, for the justice or justices of the peace who shall have signed the warrant for his commitment, in his or their discretion, to admit such accused person to bail in manner aforesaid; or if such committing justice or justices shall be of opinion that for any of the offences hereinbefore mentioned the said accused person ought to be admitted to bail, he or they shall in such cases, and in all other cases of misdemeanors, certify (S. 3) on the Post, p. 77. back of the warrant of commitment his or their consent to such accused party being bailed, stating also the amount of bail which ought to be required, it shall be lawful for any justice of the peace, attending or being at the gaol or prison where such accused party shall be in custody, on production of such certificate, to admit such accused person to bail in manner aforesaid; or if it shall be inconvenient for the surety or sureties in such a case to attend at such gaol or prison, to join with such accused person in the recognizance of bail, then such committing justice or justices may make a duplicate of such certificate (S. 4) as aforesaid, and upon the same being pro- Post, p 77. duced to any justice of the peace for the same county, riding, division, liberty, city, borough, or place, it shall be lawful for such last-mentioned justices to take the recognizance of the surety or sureties in conformity with such certificate, and upon such recognizance being transmitted to the keeper of such gaol or prison, and produced, together with the certificate on the warrant

e

misde

meanors.

of commitment as aforesaid to any justice of the peace attending or being at such gaol or prison, it shall be lawful for such last-mentioned justice thereupon to take the recognizance of such accused party, and to order him to be discharged out of custody as to that commitment, Bail in other as herein-after mentioned; and where any person shall be charged before any justice of the peace with any indictable misdemeanor other than those herein-before mentioned, such justice, after taking the examinations in writing as aforesaid, instead of committing him to prison for such offence, shall admit him to bail in manner aforesaid, or if he have been committed to prison, and shall apply to any one of the visiting justices of such prison, or to any other justice of the peace for the same county, riding, division, liberty, city, borough, or place, before the first day of the sitting or session at which he is to be tried, or before the day to which such sitting or session may be adjourned, to be admitted to bail, such justice shall accordingly admit him to bail in manner aforesaid; and in all cases where such accused person in custody shall be admitted to bail by a justice of the peace other than the committing justice or justices as aforesaid, such justice of the peace so admitting him to bail shall forthwith transmit the recognizance or recognizances of bail to the committing justice or justices, or one of them, to be by him or them transmitted, with the examinations, to the proper officer: provided nevertheless, that no justice or justices of the peace shall admit any person to 1 J. P. 154. bail for treason, nor shall such person be admitted to bail, except by order of one of her Majesty's secretaries of state, or by her Majesty's court of Queen's Bench at Westminster, or a judge thereof in vacation: provided also, that when in cases of misdemeanor the defendant shall be entitled to a traverse at the next assizes or quarter sessions, and shall not be bound to take his trial until the second assizes or sessions, in every such case the recogPost, p. 76. nizance (S. 1) of bail shall be conditioned that he shall appear and plead at the next assizes or sessions, and then traverse the indictment, and that he shall surrender and take his trial at such second assizes or sessions, unless

Recognizance, to

whom transmitted.

Proviso as

to bail in treason.

Proviso.

2 J. P. 553.