33 CHAPTER III. COMMITMENTS FOR FURTHER EXAMINATION.- Public Office, Bow Street. COMMITMENT TO the keeper of the New Prison at Clerkenwell, or his FOR FURTHER EXAMINATION(a) [ 34 ] deputy. " Middlesex, (to wit.) Receive into your custody the body of C. D. herewith sent you, brought before me, E. F. esquire, one of his majesty's justices of the peace in and for the said county, [sometimes is here inserted by G. H. constable of --"] and charged before me, the said justice, upon the oath of E. F. on suspicion of feloniously stealing, taking, and carrying away one gold seal, his property, against the peace, &c. him, therefore, safely keep in your said custody for further examination on Monday next, and until he shall be discharged by due course of law, and for so doing, this shall be your sufficient warrant. Given under my hand and seal, this 1st day of January, 1816. E. F. (L. S.) (a) See a better form, post, 116. As to commitments for further examination, see ante, vol. i. 73, 4. The above is the usual form adopted at the Police Office, Bow Street. See also Burn, J. Commitment,VII. Williams, J. Commitment, V. Dick. J. Commitment, VI. Toone, 103. It seems not to be necessary to state the of fence in this temporary commitment. Bac. Abr. Trespass, D. 3. See a preferable form, post, Appendix. Receive, &c. R. I. charged by R. D. on suspicion of having committed several felonies and highway robberies, he, the said R. I., upon his being so charged, not making it appear to us, the said justices, that he hath a lawful way of getting his livelilibood, and doth not procure some responsible housekeeper to appear to his character, or to give security for his appearance before us, the said justices, contrary to the statute, &c. Him, therefore, safely keep in your custody for the space of six days, to be then brought up before us the said justices, at the rotation office in Litchfield Street, to be re-examined. Given, &c. [Here the King's Arms are printed.] Public Office, Bow Order to bring Street. First day of January, 1816. To the keeper of the New You are hereby required to bring C. D. a prisoner in your custody, to this office, for examination before me. E. F. Sitting Magistrate. prisoner up for examination (a), Public Office, Bow Street, Covent Garden. Middlesex, and Westminster, (to wit.) Whereas complaint (or "information on oath") has been this day made before me, E. F. esquire, one of his majesty's justices of the peace for the said county, city, and liberty, that a certain felony [Here state nature of offence to the effect in the information,] has lately been committed, touching which you can give material evidence. These are, therefore, in his majesty's name, to will and require you, personally, to be and appear before me the said justice, at the office aforesaid, on Tuesday next, at twelve o'clock (a) This form is adopted where defendant has been committed for examination, or further examination, and the inagistrate requires him to be brought up for such further examination. (b) As to the power of magistrates to summon witnesses, see ante, vol. i. 76. This is the usual forn adopted at Bow Street. See another form, ch. 174. If the inspection of SUMMONS AND OTHER PROCESS AGAINST Summons from to give evidence [ 35 ] The like from The like in an other form (b), at noon, or before such other justice or justices of the peace, as shall be then and there sitting, to give evidence in the premises, as the law directs. Given under my hand and seal, the day and year above written. Whereas information hath been this day made before me, one of his majesty's justices of the peace in and for the said county, by A. B. of -, gentleman, that you are a material evidence in his majesty's behalf, touching a certain felony [here describe the felony as in last form] committed by C. D. of labourer, These are, therefore, in his majesty's name, to will and require you, personally, to be and appear before me, or such other of his majesty's justices of the peace for the said county, as shall be sitting at the Police Office aforesaid, on Tuesday next, at ten o'clock in the forenoon, then and there to testify the truth, and give evidence in his majesty's behalf, as the law directs. Given under my hand, the 1st day of January, in the year of our Lord 1816. To the constable of the parish of, in the county of Essex. Essex, (to wit.) Whereas information hath been made before me, E. F. esquire, one of his majesty's justices of the peace in and for the said county, That [here state the charge or offence as in the information, see precedents, ante, 33, 4.] and that G. H. of in the said county, yeoman, is a material and necessary witness to be examined concerning the same: these are therefore to require you to summon the said G. H. to appear before me at in the said county, on the 2nd day of January instant, at the hour of eleven o'clock in the forenoon of the same day, to testify the truth according to the best of his knowledge concerning the premises. And be you then (a) See notes to last precedent. (b) This is the modern printed form used by magistrates in the country. See another form, next precedent, and the note, ante, 33, 4. And as to the law, see ante, vol. i. 76. there to certify what you shall have done in the execution hereof. Herein fail you not. Given under my hand and seal the 1st day of January, in the year of our Lord 1816. E. F. (L. S,) Hertfordshire, (to wit.) To the constable of said county of Hertford. in the Whereas oath hath been made before me, E. F. esquire, one of his majesty's justices of the peace in and for the said county, by A. B. of, yeoman, that he the said A. B. was lately robbed at and that he hath good cause to believe that G. H. of, is a material witness to prove by whom the said robbery was committed. These are therefore to require you to cause the said G. H. forthwith to come before me, to give such information and evidence as he knoweth concerning the said offence, that such further proceeding may be had therein, as to the law doth appertain. Given under my hand and seal at —, in the said county, the 2nd day of January, A. D. 1816. E. F. (L, S.) Public Office, Bow Street. To all constables, and other his majesty's officers of the peace, for the said county, city, and liberty, whom these may concern: Middlesex, city and liberty of Westminster, (to wit.) These are in his majesty's name, to command you and every of you, upon sight hereof, to take and bring before me, or some other of his majesty's justices of his peace, for the said county, city, and liberty, the body of A. B. of whom you shall have notice, to answer all such matters and things, as on his majesty's behalf are on oath objected against him by G. H. for that he being a material (a) This is the printed form usually adopted by magistrates in the country. See also Burn, J. Examination, D. Summons. Williams, J. Examination, IV. Evidence. Toone, 138. 157. 409. Dick. J. Examination, II. Dalt. J. ch. 174. Dick. Sess. 80. (b) The power of a justice to issue a warrant has been [36] The like in another form, in case of felony (a). Warrant to bring witness to give evidence, who had refused to attend in pursuance of summons (b). Warrant to bring up a person robbed, who has neglected to attend to give evidence according to summons (a). [ 37 ] witness to prove a certain felony, lately committed, and having day of Middlesex, and city and liberty of Westminster, (to wit.) To all constables and other his majesty's officers of the peace for the said county, city, and liberty, whom these may concern. These are in his majesty's name to command you, and every of you, upon sight hereof, to take and bring before me, or some other of his majesty's justices of the peace of the said county, city, and liberty, the body of A. B. of whom you shall have notice to answer to all such matters and things as on his majesty's behalf, are on oath objected against her. It appearing to me, upon oath, that on the 2d day of this instant, July, she the said A. B. was robbed of two gowns, two coats, several aprons, and other wearing apparel, by one C. D. now in custody under my commitment, and that she is a material witness to prove the same. And it likewise appearing to me, upon oath, that she hath been duly summoned to appear before me to give evidence touching the said felony, and that she hath made default therein. Herein fail not at your peril. Given under my hand and seal, this 8th day of July, in the year of our Lord 1785. T. G. (L.S.) Commitment of a witness for refusing to give evidence, he having admitted that he was present when felony was committed (b). Public Office, Bow Street. [Here the King's Arms are printed.] To the keeper of Tothill-fields bridewell, or bis deputy. City and liberty of Westminster, (to wit.) Receive into your custody the body of W. F. herewith sent you, brought before me J. R. esquire, one of his majesty's justices of the peace in and for the said county, city, and liberty, by S. T. For that he having admitted that he was present when a certain The Unive felony and street robbery was committed upon the person The University of Ch Law School Liars. Chicago See ante, 34, note (b), commit, ante, vol. i. 76, 7. As to the power to 3 M. & S. 1. |