Notice of the said Recognizance to be given to the

Prosecutor and his Witnesses.

Take notice, that you C. D., of

are bound

to wit. S in the sum of to appear at the next court of [general quarter sessions of the peace] in and for the county of- to be holden at in the said county, and then

and there [prosecute and] give evidence against A. B.; and unless you then appear there, and [prosecute_and] give evidence accordingly, the recognizance entered into will be forthwith levied on you.

by you Dated this

day of

Commitment of Witness for refusing to enter into the
Recognizance.

To the constable of

of correction] at Whereas A. B. was

at

and to the keeper of the [house in the said [county] of

lately charged before the under

signed, [one] of her Majesty's justices of the peace in and for the said [county] of for that [&c., as in the summons to the witness], and it having been made to appear to [me] upon oath that E. F., of was likely to give material evidence for the prosecution, [I] duly issued [my summons to the said E. F., requiring him to be and appear] before [me] on or before such other justice or justices of the peace as should then be there, to testify what he should know concerning the said charge so made against the said A. B. as aforesaid; and the said E. F. now appearing before [me] or being brought before [me] by virtue of a warrant in that behalf, to testify as aforesaid, hath been now examined by [me] touching the premises, but being by [me] required to enter into a recognizance conditioned to give evidence against the said A. B. hath now refused so to do: these are therefore to command you the said constable to take the said E. F. and him safely to convey to the [house of correction] at in the [county] aforesaid, and there deliver him to the said keeper thereof, together with this precept; and I do hereby command you the said keeper of the said [house of correction] to receive the said E. F. into your custody in the said [house of correction], there to imprison and safely keep him

until after the trial of the said A. B. for the offence aforesaid, unless in the meantime such E. F. shall duly enter into such recognizance as aforesaid in the sum of pounds, before some one justice of the peace for the said [county], conditioned in the usual form to appear at the next court of [oyer and terminer, or general gaol delivery, or general quarter sessions of the peace], to be holden in and for the [county] of and there to give evidence before the grand jury upon any bill of indictment which may then and there be preferred against the said A. B. for the offence aforesaid, and also to give evidence upon the trial of the said A. B. for the said offence, if a true bill should be found against him for the same.

Given under my hand and seal this in the year of our Lord aforesaid.

at

day of in the [county]

Subsequent Order to discharge the Witness.

To the keeper of the [house of correction] at the [county] of

day of

in

Whereas by [my] order dated the [instant], reciting that A. B. was lately before then charged before [me] for a certain offence therein mentioned, and that E. F. having appeared before me, and being examined as a witness for the prosecution in that behalf, refused to enter into a recognizance to give evidence against the said A. B., and I therefore thereby committed the said E. F. to your custody, and required you safely to keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter into such recognizance as aforesaid: And whereas for want of sufficient evidence against the said A. B., the said A. B. has not been committed or holden to bail for the said offence, but on the contrary thereof has been since discharged, and it is therefore not necessary that the said E. F. should be detained longer in your custody: these are therefore to order and direct you the said keeper to discharge the said E. F. out of your custody as to the said commitment, and suffer him to go at large.

Given under [my] hand and seal, this in the year of our Lord

aforesaid.

at

day of

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

The recognizances, depositions, &c. are then to be transmitted to the court in which the prisoner is to be tried. The magistrate has the power of remanding the accused for any reasonable time not exceeding eight clear days to the common gaol, house of correction, prison, or other place of security. In all cases of felony, and in certain misdemeanors, the magistrates may take bail at the time of examination; and in all cases where a person charged with an indictable offence is committed to prison to take his trial for the same, it is lawful at any time afterwards, and before the first day of the session at which he is to be tried, for the magistrate who signed the warrant for his commitment to admit him to bail. The following is the form of the recognizance of bail:

Recognizance of Bail.

-day of

in the year

labourer, L. M., of

Be it remembered, that on theof our Lord- A. B., ofgrocer, and N. O., of butcher, personally came before [us] the undersigned, two 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, at

before us,

Condition in ordinary Cases.

J. S.

J. N.

The condition of the within written recognizance is such, that whereas the said A. B. was this day charged before

[us], the justices within mentioned, for that [&c., as in the warrant]; if therefore the said A. B. will appear at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace] to be holden in and for the county of and there surrender himself into the custody of the keeper of the [common gaol] there, and plead to such indictment as may be found against him by the grand jury, for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said court without leave, then the said recognizance to be void, or else to stand in full force and virtue.

Condition where the Defendant is entitled to a Traverse.

The condition of the within written recognizance is such, that whereas the said A. B. was this day charged before [me], the justice within mentioned, for that [&c., as in the warrant or summons]; if therefore the said A. B. will appear at the next court of general quarter sessions of the peace [or court of oyer and terminer and general gaol delivery] to be holden in and for the county of and there plead to such indictment as may be found against him by the grand jury, for or in respect of the charge aforesaid, and shall afterwards at the then next court of general quarter sessions of the peace [or court of oyer and terminer and general gaol delivery] surrender himself into the custody of the keeper of the [house of correction] there, and take his trial upon the said indictment, and not depart the said court without leave,-then the said recognizance to be void, or else to stand in full force and virtue.

A warrant of deliverance on bail is given for a prisoner after commitment, signed by the magistrate, and which is an authority to the gaoler to discharge the prisoner. The following is the form of the warrant.

Warrant of Deliverance, on Bail being given for a

Prisoner already committed.

To the keeper of the [house of correction] at said [county] of -.

in the

Whereas A. B., late of labourer, hath before [us two] of her Majesty's justices of the peace in and for the said county, entered into his own recognizance, and found sufficient sureties for his appearance at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace] to be holden in and for the county of to answer our sovereign lady the Queen, for that [&c. as in the commitment], for which he was taken and committed to your said [house of correction]: these are therefore to command you, in her said Majesty's name, that if the said A. B. do remain in your custody in the said [house of correction] for the said cause, and for no other, you shall forthwith suffer him to go at large. Given under our hands and seals, this in the year of our lord

said.

day of

at -, in the [county] afore

J. S. (L. s.)
J. N. (L. S.)

When the whole of the evidence on the part of the prosecution has been heard, the magistrate either discharges or commits the prisoner to gaol. The following is the form of the warrant of commitment:

Warrant of Commitment.

To the constable of and to the keeper of the [house of correction] at in the said [county] of

Whereas A. B. was this day charged before me, J. S., one of her Majesty's justices of the peace in and for the said [county] of on the oath of C. D., of - -, farmer, and others, for that [&c., stating shortly the offence]: these are therefore to command you, the said constable of to take the said A. B., and him safely to convey to the [house of correction] at aforesaid, and there to deliver him to the keeper thereof, together with this precept; and I do hereby command you the said keeper of the said [house of correction] to receive the said A. B. into your custody in the said [house of correction], and there safely keep him until he shall be thence delivered by due course of law.

Given under my hand and seal, this in the year of our Lord aforesaid.

at

day of

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