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Summons to a Person charged with an indictable Offence.

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Whereas you have 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 you, on

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[&c. stating shortly the offence]: These are therefore to command you, in her Majesty's name, to be and appear before me on o'clock in the forenoon or before such other justice or justices of the peace for the same [county] as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not.

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day of in the county J. S. (L. s.)

and to all other peace officers

last past A. B. of

Warrant where the Summons is disobeyed.

To the constable of

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in the said [county] of Whereas on the [labourer,] was 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 summons]: And whereas [7] then issued [my] summons to the said A. B. commanding him, in her Majesty's name, to be and appear before [me] on o'clock in the forenoon at or before such other justice or justices of the peace for the same [county] as might then be there, to answer to the said charge, and to be further dealt with according to law: And whereas the said A. B. hath neglected to be or appear at the time and place appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons was duly served upon the said A. B.: These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before me, or some other of her Majesty's justices of the peace in and for the said [county], to answer to the said charge, and to be further dealt with according to law.

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

aforesaid.

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

When the officer has made his arrest, according to the import of the warrant, he is, as soon as possible, to bring the offender to the gaol, or before the justice. If a prisoner after arrest has escaped, the officer may follow him and retake him, wherever he find him, in the same or a different county. A rescue is a forcible setting at liberty against law of one arrested. The mere prevention of the arrest of one who has committed a felony is only a misdemeanor. But if an offender be taken and rescued, then, if the arrest were for felony, the rescuer is a felon; if for treason, a traitor.

By 22 Geo. III. c. 58, s. 2, it is made lawful for any one justice of the peace, upon complaint made before him upon oath that there is reason to suspect that stolen goods are knowingly concealed in any dwelling-house or other place, by warrant under his hand and seal, to cause every such place to be searched in the day time.

CHAPTER IV.

OF THE EXAMINATIONS.

WITHIN a reasonable time after the arrest of an offender, it is the duty of the officer to bring the accused before the magistrate to be examined; and after investigation, to be committed, bailed, or discharged, as the magistrate may think right. The examinations of the prisoner and the witnesses were principally regulated by statutes 1 & 2 P. & M.

c. 13, s. 4, and 2 & 3 P. & M. c. 10. The recent statute of 11 & 12 Vict. c. 42, has made some very valuable alterations. By the former of these statutes, the magistrates have authority to bring before them every person who may be a material witness for the prosecution; and, for this purpose, may issue his warrant for such person's attendance. All the witnesses must be examined upon oath. The usual form of such oath is, "You shall true answers make to such questions as shall be demanded of you, so help you God." The examinations must be taken in writing. By s. 17 of 11 & 12 Vict. it is enacted, that the magistrate, before he commits an offender, or admits him to bail, shall take the statement on oath, or affirmation, of those who know the facts and circumstances of the case. The same are to be reduced to writing, to be read over and signed respectively by the witnesses. These examinations are to be taken in the presence of the accused person, who is at liberty to ask any questions of the witnesses produced against him. The following is the form of a witness' deposition :

Depositions of Witnesses.

The examination of C. D. of

to wit. E. F. of day of

[farmer] and

[labourer], taken on [oath] this in the year of our Lord

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in the [county] aforesaid, before the undersigned, [one] of her Majesty's justices of the peace for the said [county], in the presence and hearing of A. B., who is charged this day before [me], for that he the said A. B. on [&c. describing the offence as in a warrant of commitment]. This deponent C. D. on his [oath] saith as follows [&c., stating the deposition of the witness as nearly as possible in

the words he uses. When his deposition is complete let him sign it].

And this deponent E. F., upon his oath, saith as follows [&c.]

After the examinations of all the witnesses, on the part of the prosecution, are completed, the magistrate is bound to read, or cause to be read, over the depositions of the witnesses, and to say to him these words, or words to the like effect: "Having heard the evidence, do you wish to say anything in answer to the charge. You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial." If the prisoner say anything, the magistrate must take it down in writing, read it over to him, and then sign it. This statement is kept with the depositions. The magistrate, before a prisoner makes any such statement, must further give him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him, to induce him to make any admission or confession of his guilt. The following is the form of the statement of the accused :—

Statement of the Accused.

A. B. stands charged before the undersigned, [one] of her Majesty's justices of the peace, in and for the [county] aforesaid, this in the year of our Lord

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day of

for that he the said A. B. on'

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[&c., as in the caption of the depositions]; and the said charge being read to the said A. B., and the witnesses for the prosecution, C. D. and E. F., being severally

examined in his presence, the said A. B. is now addressed by me as follows: "Having heard the evidence, do you wish to say anything in answer to the charge? you are not obliged to say anything, unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;" whereupon the said A. B. saith as follows:

[Here state whatever the prisoner may say, and in his very words, as nearly as possible. Get him to sign it if he will.]

A. B.

the day

J. S.

Taken before me at and year first above mentioned.

The place where the examinations are taken is not an open court, as the justice may, if he think fit, order that no person shall have access to it. After the examinations, the magistrate binds over, by recognizance, the prosecutor and witnesses to appear at the next court where the accused is to be tried, then and there to prosecute and to give evidence. If any witness refuse to enter into recognizance, the magistrate may commit him to prison. The following are the forms:

ship of

Recognizance to Prosecute or give Evidence.

Be it remembered, that on the

in the year of our Lord

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C. D. of

day ofin the town

in the said county, farmer, [or C. D. of No.

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in the borough of ·

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surgeon of which said house he is tenant,] personally came before me, one of her Majesty's justices of the peace for the said county, and acknowledged himself to owe to our sovereign lady the Queen the sum of of good and lawful

money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said lady the Queen, her heirs and successors, if he the said C. D. shall fail in the condition indorsed.

Taken and acknowledged, the day and year first above mentioned, at before me.

J. S.

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