P. 308. Or before return of summons. How summons served. No objection for alleged defect in form, &c. How warrants executed. shall fail to appear at such time and place, in obedience to such summons, then and in every such case the said justice or justices, or any other justice or justices of the peace for the same county, &c. may issue his or their warrant (D) to apprehend such person so charged or complained against, and cause such person to be brought before him or them, or before some other justice or justices of the peace for the same county, &c. to answer to the said charge or complaint, and to be further dealt with according to law: Provided nevertheless, that nothing herein contained shall prevent any justice or justices of the peace from issuing the warrant herein-before first mentioned at any time before or after the time mentioned in such summons for the appearance of the said accused party. By s. 9, every such summons shall be served by a constable or other peace officer upon the person to whom it is so directed by delivering the same to the party personally, or if he cannot conveniently be met with then by leaving the same with some person for him at his last or most usual place of abode; and the constable or other peace officer who shall have served the same in manner aforesaid shall attend at the time and place and before the justices in the said summons mentioned, to depose (a), if necessary, to the service of such summons: Provided always, that no objection shall be taken or allowed to any such summons or warrant for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the justice or justices who shall take the examinations of the witnesses in that behalf, as hereinafter mentioned (b); but if any such variance shall appear to such justice or justices to be such that the party charged has been thereby deceived or misled, it shall be lawful for such justice or justices, at the request of the party so charged to adjourn the hearing of the case to some future day, and in the meantime to remand the party so charged, or admit him to bail, in manner hereinafter mentioned. It shall not be necessary to make the warrant returnable at any particular time, but the same may remain in force until it shall be executed; and such warrant may be executed by ap stable, and he must execute it the first opportunity. If the charge be a serious one, a justice might examine the witnesses at the gaol in the presence of the prisoner, as in ordinary cases, and sign a commitment in the usual way. (a) The deposition of the constable as to the service of the summons will be the same as given in note (d), ante, p. 21. (b) See the preliminary examination," post, p. 317. prehending the offender at any place within the county, riding, To the constable of FORMS. and to all other peace officers in the said (B) Warrant to apprehend a Whereas A. B. of [labourer], hath this day been charged upon person charged. oath before the undersigned, [one] of her Majesty's justices of the peace in and for the said county of - for that he on at — did [&c. stating shortly the offence (c):] 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 unto the said charge, and to be further dealt with according to law. Given under my hand and seal, this day of in the year of our Lord - at aforesaid. To A. B. of [labourer]. in the [county] J. S. (L. s.) 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 at -, [&c. stating shortly the offence (c):] These (c) If necessary add here: “and that [you] the said A. B. [are] is now residing or being [or 'is supposed or suspected to be residing or being'] at the parish of in the said county and within my jurisdiction." (C) Summons to the person charged. (D) Warrant where the summons is dis obeyed. (K) Backing warrant. (Da) Search warrant for are therefore to command you, in her Majesty's name, to be and appear before me on, at o'clock in the forenoon at -, 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. Given, [&c. as (B), ante, p. 307.] To the constable of and to all other peace officers in the said at Whereas on the last past, A. B. of [labourer], was charged before (d) 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 [1] (e) 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 (ƒ) 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, [&c. as (B), ante, p. 307.] The form of backing a warrant will be found, ante, p. 23. Where witnesses for the prosecution are within the jurisdiction of the justice backing it, he may by such indorsement order the offender to be brought before him or some other justice of the county, &c. and when the accused is taken, the case is proceeded with as in s. 22, post, p. 324. [Proceed by reciting information (A c), ante, p. 304, to the end, then thus:] These are therefore to command you, in her Majesty's name, stolen goods (g). forthwith with necessary and proper assistants to enter in the daytime into the said dwellinghouse and premises [or as the case may be] of the said A. B., and there diligently to search for the said goods; and if the same or any part thereof shall be found upon such search, that you bring the goods so found, and also the body of the said A. B. before me, or some other justice or justices of the peace in and for the said [county] to be dealt with according to law. Given, [&c. as (B), ante, p. 307.] For offences at sea or abroad. In all cases of indictable crimes or offences of any kind or nature whatsoever committed on the high seas, or in any creek, harbour, haven, or other place in which the Admiralty of England have or claim to have jurisdiction, and in all cases of (d) or "J. S., Esq., one &c." (e) or "the said justice then issued his." (f)" the undersigned, one of such justices aforesaid." (g) This warrant may be granted and executed on a Sunday (see Arch. Ed. 18); the form is not given by the 11 & 12 Vict. c. 42. crimes or offences committed on land beyond the seas, for which an indictment may legally be preferred in any place within England or Wales, it shall be lawful for any one or more of her Majesty's justices of the peace for any county, &c. within England or Wales, in which any person charged with having committed or with being suspected to have committed any such crime or offence shall reside or be, or shall be supposed or suspected to reside or be, to issue his or their warrant (E) to apprehend the person so charged, and to cause him to be brought before him or them, or some other justice or justices of the peace for the same county, &c. to answer to the said charges, and to be further dealt with according to law (s. 2). As to the jurisdiction of the admiralty, and as to offences committed abroad (see 1 Arch. J. P. 10, 287; also Arch. Ed. Jervis's Acts, pp. 11, 12). FORM. For offences committed on the high seas the warrant may be the same as (E) Warrant in ordinary cases, but describing the offence to have been committed "on to apprehend. the high seas, out of the body of any county of this realm, and within the jurisdiction of the admiralty of England." For offences committed abroad for which the parties may be indicted in this country, the warrant also may be the same as in ordinary cases, but describing the offence to have been committed "on land out of the United -," or at - in the in the West Indies," or Kingdom, to wit, at East Indies," or 66 at as the case may be. in the kingdom of 66 Where indictment found, and accused at large. Where any indictment shall be found by the grand jury in any court of oyer and terminer or general gaol delivery, or in any court of general or quarter sessions of the peace, against any person who shall then be at large, and whether such person shall have been bound by any recognizance to appear to answer to the same or not, the person who shall act as clerk of the indictments at such court of oyer and terminer or gaol delivery, or as clerk of the peace at such sessions at which the said indictment shall be found, shall at any time afterwards, after the end of the sessions of oyer and terminer or gaol delivery or sessions of the peace at which such indictment shall have been found, upon application of the prosecutor, or of any person on his behalf, and on payment of a fee of one shilling, if such person shall not have already appeared and pleaded to such indictment, grant unto such prosecutor or person a certificate (F) of such indictment having been found; and upon P. 310. * P. 311. • P. 311. Where in custody. P. 311. (F) Certificate of indictment being found. production of such certificate to any justice or justices of the peace for any county, riding, division, liberty, city, borough, or place in which the offence shall in such indictment be alleged to have been committed, or in which the person indicted in and by such indictment shall reside or be, or be supposed or suspected to reside or be, it shall be lawful for such justice or justices, and he and they are hereby required, to issue his or their warrant (G)* to apprehend such person so indicted, and to cause him to be brought before such justice or justices, or any other justice or justices for the same county, &c. to be dealt with according to law, and afterwards, if such person be thereupon apprehended and brought before any such justice or justices, such justice or justices, upon its being proved upon oath or affirmation (h) before him or them that the person so apprehended is the same person who is charged and named in such indictment, shall, without further inquiry or examination, commit (H)* him for trial, or admit him to bail, in manner hereinafter mentioned; or if such person so indicted shall be confined in any gaol or prison for any other offence than that charged in the said indictment, at the time of such application and production of the said certificate to such justice or justices as aforesaid, it shall be lawful for such justice or justices and he and they are hereby required, upon it being proved before him or them upon oath or affirmation (h) that the person so indicted and the person so confined in prison are one and the same person, to issue his or their warrant (I), directed to the gaoler or keeper of the gaol or prison in which the person so indicted shall then be confined as aforesaid, commanding him to detain such person in his custody until by her Majesty's writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the said indictment, or until he shall otherwise be removed or discharged out of his custody by due course of law (s. 3). FORMS. I hereby certify, that at [a court of oyer and terminer and general gaol delivery, or a court of general quarter sessions of the peace] holden in and for the [county] of at in the said [county], on - a bill of indictment was found by the grand jury against A. B., therein described (h) A deposition of the prosecutor or other person that the person apprehended is the person intended, is all that is required to be taken before committal or detention. |