Page images
PDF
EPUB

xnited counties, or as the case may be) of that A. B. (&c., 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 (prosecution): These are therefore to require you to be and appear before me on

next at o'clock in the (fore) noon at or before such other Justice or Justices of the Peace of the same district (or county, united counties, or as the case may be) of - 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 year of our Lord — at — in the district (county, &c.) aforesaid.

J. S. (L. S.]

(L 2) See. 8. 27. WARRANT WHEN A WITNESS HAS NOT OBEYED A SUMMONS. Province of Canada, District (or county, united counties, or as the case may

be) of

To all or any of the constables, or other peace officers, in the said district (or county, united counties, or as the case may be) of

Whereas information having been laid before (one) of Her Majesty's Justices of the Peace, in and for the said district (county, &c.) of

that A. B., &c. (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 district, (or county, united counties, or as the case may be,) 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 upon oath before (me) 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 excuse has been offered for such neglect; these are therefore to command you to bring and have the said E. F. before (me) on — at o'clock in the (fore) noon, at or before such other Justice or Jus. tices for the same district (or county, united counties, or as the case may be) as may then be there, to testify what he shall know concerning the said charges so made against the said A. B. as aforesaid. Given under (my) hand and seal, this

day of

in the

year

of our Lord at in the district (county, &c.) aforesaid.

J. S. [L. S.]

(L 3) See 8. 28 WARRANT FOR A WITNESS IN THE FIRST INSTANCE. Province of Canada, District (or county, united counties, or as the case may

be) of To all or any of the constables or peace officers in the said district (or county, united counties, or as the case may be) of

Whereas, information hath been laid before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united

at

counties, or as the case may be) of that (&c., as in the summons); and it having been made to appear to (me) upon oath that E. F., of (laborer) 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 unless compelled to do so: These are therefore to command you to bring and have the said E. F. before (me) on

o'clock in the fore) noon, at or before such other Justice or Justices of the Peace for the same district (or county, united counties, or as the case may be) 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

in the year of our Lord at in the district (or county, &c.) aforesaid.

J. S. (L. S.]

day of

(L 4) See 8. 29.

was

WARRANT OF COMMITMENT OF A WITNESS FOR REFUSING TO BE

SWORN OR TO GIVE EVIDENCE. Province of Canada, District (or county, united counties, or as the case may

be) of To all or any of the constables or other peace officers in the district (or county, united counties, or as the case may be) of and to the keeper of the common gaol at in the said district (or county, united counties, or as the case may be) of

Whereas, A. B. was lately charged before(one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties or as the case may be) of for that (&c., as in the snmmons); and is having been made to appear to (me) upon oath that E. F., of likely to give material evidence for the prosecution, (1) duly issued (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 district (or county, united counties, or as the case may be) 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) and being required to make oath or affirmation as a witness in that behalf, hath now refused so to do (or being duly sworn as a witness doth now refuse to answer certain questions concerning the premises which are now here put to him, and more particularly the following without offering any just excuse for such refusal: These are therefore to command you, the said constables, peace officers, or any one of you, to take the said E. F. and him safely convey to the common gaol at in the district (or county, &c.) 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 common gaol, to receive the said E. F. into your custody in the said common gaol, and him there safely keep for the space of days, for his said contempt, unless he shall in the meantime consent to be examined, and to answer concerning the premises ; and for your so doing this shall be your sufficient warrant. Given under (my) hand and seal this

in the year of our Lord at in the district (or county, &c.) aforesaid.

J. S. L. S.]

day of

(M) See 8. 30.

DEPOSITIONS OF WITNESSES. Province of Canada, District (or county, united counties, or as the case

may he) of

The examination of C. W., of (farmer) and E. F., of (laborer), taken on (oath) this day of

in the year of our Lord

at in the district (county, or as the case may be) aforesaid, before the undersigned, (one) of Her Majesty's Justices of the Peace for the said district (or county, united counties, or as the case may be) in the presence and hearing of A. B. who is charged this day before (me) for that he, the said A. B.

(&c., describing the offence as in & warrant of commitment.)

This Deponent, C. D. upon his (oath) saith as follows: (&c. stating the depositions of the witness as nearly as possible in the words he uses. Whon his deposition is complete, let him sign it.)

And this deponent, E. F., upon his (oath) saith as follows: (&c.) The above depositions of C. D. and E. F. were taken and (sworn) before on the day and year first above mentioned.

J. S.

me, at

(N) See 8. 32.

STATEMENT OF THE ACCUSED. Province of Canada, District (or county, united counties, or as the case

may be) of A. B. stands charged before the undersigned, (one) of Her Majesty's Justices of the Peace, in and for the district (or county, united counties, or as the case may be) aforesaid, this

day of

in the year of our Lord

for that the said A. B., on at (&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 against you at 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. Taken before me, at the day and year first above mentioned.

J. S.

(01) See 8. 37. RECOGNIZANCE TO PROSECUTE OR GIVE EVIDENCE. Province of Canada, District (or county, united counties, or as the case

may be) of Be it remembered, That on the

day of

in the year of our Lord C. D. of in the township) of - in the said district (or county, &c.) of (farmer), (or Ó. D. of No. 2

street, in the town or city of surgeon), of which said house he is

may be of

(tenant), personally came before me, one of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case

and acknowledged himself to owe to our Sovereign Lady the Queen the sum of of good and lawful current money of this province, 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 endorsed. Taken and acknowledged the day and year first above mentioned, at before me.

J. S. CONDITION TO PROSECUTE. The condition of the within (or above) written recognizance is such, that whereas one A. B. was this day charged before me J. S. Justice of the Peace within mentioned, for that (&c. as in the caption of the depositions); if, therefore, he the said C. D. shall appear at the next court of oyer and terminer or general gaol delivery, or at the next court of General or Quarter Sessions of the Peace), to be holden in and for the district (or county, united counties or as the case may be) of * and there prefer or cause to be preferred a Bill of Indictment for the offence aforesaid, against the said A. B. and there also duly prosecute such indictment, then the said recognizance to be void, or else to stand in full force and virtue.

CONDITION TO PROSECUTE AND GIVE EVIDENCE. (Same as the last form, to the asterisk,* and then thus :—"And there prefer or cause to be preferred a bill of indictment against the said A. B. " for the offence aforesaid, and duly prosecute such indictment, and give “ evidence thereon, as well to the Jurors who shall then enquire into the " said offence, as also to them who shall pass upon the trial of the said “ A. B., then the said Recognizance to be void, or else to stand in full force “ and virtue."

CONDITION TO GIVE EVIDENCE. (Same as the last form but one, to the asterish*, and then thus): " And “ there give such evidence as he knoweth upon a bill of indictment to be " then and there preferred against the said A. B. for the offence aforesaid, “ as well to the jurors who shall there enquire of the said offence, as also to “ the jurors who shall pass upon the trial of the said A. B., if the said bill "shall be found a true bill, then the said recognizance to be void, other“ wise to remain in full force and virtue.”

(02) See 8. 38. NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE

PROSECUTOR AND HIS WITNESS. Province of Canada, District (or County, United Counties, or as the case

may be) of Take notice that you C. D. of are bound in the sum of to appear at the next court of oyer and terminer and general gaol delivery, (or at the next Court of General Quarter Sessions of the Peace, in and for the district, (or county, united counties, or as the case may be) of to be bolden at - in the said district (county, &c.) and then and there (prosecute and) give' evidence against A. B., and unless you then appear there, (prosecute) and give evidence accordingly, the recognizance entered into by you will be forthwith levied on you. Dated this day of one thousand eight hundred and

J. S.

(P 1) See 8. 40.

COMMITMENT OF A WITNESS FOR REFUSING TO ENTER INTO

THE RECOGNIZANCE.

:

Province of Canada, District (or county, united counties, or as the case

may be) of To all or any of the constables or other peace officers in the said district

(or county, &c.) of and to the keeper of the common gaol of the said District, (or county, united counties, or as the case may be,) at

in the said district (or county, or as the case may be) ofWhereas, A. B. was lately charged before the undersigned, for name of Justice of the Peace) (one) of Her Majesty's Justices of the Peace in and for the said district (or county, &c.) 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

at

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 before (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 constables or peace officers, or any one of you, to take the said E. F. and him safely convey to the common gaol at

in the district (or county, &c.) 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 common gaol, to receive the said E. F. into your custody in the said common gaol, there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid unless in the meantime the said E. F. shall duly enter into such recognizance as aforesaid, in the sum of - before some one Justice of the Peace for the said district, (or county, united counties, or as the case may be) 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 said district (or county, united counties, or as the case may be) 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

day of

- in the year of our Lord at in the district (or county, &c.) of

- aforesaid.

J. S. (L. S.]

« EelmineJätka »