not guilty of the offence with which he is charged, and discharge him accordingly.) Be it remembered that A. B., being a prisoner in the gaol of the said county, on a charge of having on the day of in the year stolen, &c., (one cow, the property of C. D.. or as the case may be, stating briefly the offence), and being brought before me (describe the Judge) on the day of in the year and asked by me if he consented to be tried before me without the intervention of a Jury, consented to be so tried; and that the said A. B., being then arraigned upon the said charge, he pleaded guilty,thereof, whereupon I sentenced the said A. B. to (here insert such sentence as the law allows and the Judge thinks right.) Witness my hand this day of in the year O. K.. Judge. 00.-(Section 781.) Canada, WARRANT TO APPREHEND WITNESS. Province of County of To all or any of the constables and other peace officers in the said county of Whereas, it having been made to appear before me, that E. F., of in the said county of was likely to give material evidence on behalf of the prosecution (or defence, as the case may be) on the trial of a certain charge of (theft, or as the case may be), against A. B., and that the said E. F. was duly subponed (or bound under recognizance) to appear on the of county at day in the said o'clock (forenoon or afternoon, as the case may be), before me, to testify what he knows concerning the said charge against the said A. B. upon oath And whereas, proof has this day been made before me, of such subpoena having been duly served upon the said E. F., (or of the said E. F., having been duly bound under recognizance to appear before me, as the case may be); and whereas the said E. F. has neglected to appear at the trial and place appointed, and no just excuse has been offered for such neglect : These are therefore to command you to take the said E. F. and to bring him and have him forthwith before me, to testify what he knows concerning the said charge against the said A. B., and also to answer his contempt for such neglect. Given under my hand, this year day of O. K., Judge. in the before me, for that he the said E. F. did not attend before me to give evidence on the trial of a certain charge against one A. B. of (theft, or as the case may be), although duly supœnaed (or bound by recognizance to appear and give evidence in that behalf, as the case may be) but made default therein, and has not shown before me any sufficient excuse for such default, and I adjudge the said E. F., for his said offence, to be imprisoned in the common gaol of the county of for the space of at there to be kept at hard labour (and in case a fine is also intended to be imposed. then proceed,) and I also adjudge that the said E. F. do forthwith pay, to and for the use of Her Majesty, a fine of dollars, and in default of payment, that the said fine, with the cost of collection, be levied by distress and sale of the goods and chattels of the said E. F. (or in case a fine alone is imposed then the clause of imprisonment is to be omitted.) ADDITIONAL FORMS. ACCUSATION. of In the County Court Judge's Criminal Court for the county (or In the Court of the Judge of sessions of the Esquire. County Judge of the said county (or Judge of the sessions of the peace for the said district) exercising criminal jurisdiction under the provisions of Part LIV of the Criminal Code, relating to the Speedy Trials of Indictable Offences, A. B. who is committed for trial to the common gaol of the said county (or district), and is now a prisoner in close custody therein, stands charged this day, before the said judge, sitting in open court assembled for the trial of the said A. B., as follows: of FIRST COUNT, for that he the said A. B., on the (set out the offence to be charged in the first count.) at day did SECOND COUNT, and for that, he, the said A. B., on the day and year last aforesaid at offence to be charged in the second count.) aforesaid did (set out the J. N. (or clerk of the peace, A. B., within (or above) named, upon the within (or above) charge being read to him by the judge in open court, and being informed by the judge that he has his option either of being forthwith tried without the intervention of a jury upon the said charge, or of remaining untried until the next court of Oyer and Terminer of this county (or district), consents to be now tried upon the said charge, by the said judge, without a jury, and the prisoner pleads not guilty to the said charge. SHERIFF'S NOTICE. To His Honor the County Judge of Judge of sessions of the peace for (or the ) Pursuant to Article 766 of the Criminal Code relating to the Speedy Trials of Indictable offences, I. sheriff of the said county (or district) certify that the several persons whose names are mentioned in the first column of the schedule hereunder written were committed for trial to the common gaol of the said county (or district), and were received by the gaoler of the said gaol on the days severally mentioned in the second column of the said schedule, opposite the names of the said persons respectively, and were so committed to gaol and severally received under and by virtue of a warrant from charged with the commission of indictable offences triable at a Court of General or Quarter Sessions of the peace, and that the nature of the charge against each of the said persons is set forth in the third column of the said schedule opposite each of the names of the said several persons. |