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I hereby certify, That I consent to the said A.B. being bailed by recogni- 5 zance, himself in

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and [two] sureties in
184 .

each. Dated

J.S.

(CC.)

Warrant of Deliverance on Bail being given for a Prisoner already

committed.

To the keeper of the [house of correction] at

[county] of

10

in the said

labourer, hath before [us, two] of

WHEREAS A.B., late of
Her Majesty's justices of the peace in and for the said county, entered into 15
his own recognizance, and found sufficient sureties for his appearance at the
next court of oyer and terminer and general gaol delivery [or court of general
quarter sessions of the peace] to be holden in and for the county of

or such other court as might be duly ordered in that behalf to answer
our Sovereign Lady the Queen, for that [&c., as in the commitment], for 20
which he was taken and committed to your said [house of correction]:
These are therefore to command you, in Her said Majesty's name, that if the
said A.B. do remain in your custody in the said [house of correction] for
the said cause, and for no other, you shall forthwith suffer him to go at
large.

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Form of Notice of Indictment intended to be presented.

To A.B. of [address and description in full]

TAKE notice, that I the undersigned C.D. of [full address and description], intend to present a bill of indictment against you at the next sitting of [the court of oyer and terminer, quarter sessions, the Central Criminal Court, or 35 as the case may be], to be held in and for

at

charging you with having committed an offence [state the offence as in the third column of the forms of indictment herein-after given].

Also take notice that there are left here with for your information a copy of the indictment which I intend to prefer, which copy is marked A., and 40 copies of the affidavits of [give the names], being the witnesses on whose

evidence I intend to present it, which copies are marked B. The affidavits A.D. 1878 show the substance of the evidence which the witnesses making them are prepared to give.

5

Witness to the signature of C.D.

E.F.

(Signed)

C.D.

10

(EE.)

Notice of intention to take Deposition of a Witness who is ill.
To A.B. of

oath of

before

TAKE notice, that I the undersigned [prosecutor] having proved upon the [name and residence of justice], that [name and full description of witness] is in the opinion of [name and residence of medical practitioner] dangerously ill, not likely to recover, and unable to travel, and that [he] is able and willing to give material informa15 tion as to [state the offence], which you have been charged before [name of the justice before whom the defendant has been charged] with committing. And take notice that the deposition of the said will be taken at at o'clock in the morning, on which occasion, if you think proper, you, your counsel or solicitor may attend and 20 cross-examine the said

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I HEREBY certify, that at [a court of oyer and terminer and general gaol 25 delivery, or a court of general quarter sessions of the peace,] holden in and for the [county] of in the said [county], on

at

a bill of indictment was found by the grand jury against A.B., therein described as A.B. late of [labourer], for that he [&c., stating shortly the offence], and that the said A.B. hath not appeared or pleaded to the said 30 indictment.

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[county] of

40

and to all other peace officers in the said

WHEREAS it hath been duly certified by J.D., clerk of the indictments
circuit [or clerk of the peace of and for the [county]

on the

A.D. 1878. of ] [that, &c., stating the certificate]: 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 justice or justices of the peace in and for the said [county], to be dealt with according to law.

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To the constable of

and to the keeper of the [common gaol, 10 in the said [county] of

or house of correction], at WHEREAS by [my] warrant under my hand and seal, dated the day of after reciting that it had been certified by J.D. [&c., as in the certificate], [I] commanded the constable of and all other peace officers of the said county, in Her Majesty's name, forthwith to 15 apprehend the said AB., and to bring him before [me], the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county], or before some other justice or justices of the peace in and for the said [county], to be dealt with according to law: And whereas the said A.B. hath been apprehended under and by virtue of the said warrant, and being now brought 20 before [me], it is hereupon duly proved to [me] upon oath that the said A.B. is the same person who is named and charged in and by the said indictment: These are therefore to command you the said constable, in Her Majesty's name, forthwith to take and safely convey the said A.B. to the said [house of correction] at in the said [county], and there to deliver him to 25 the keeper thereof, together with this precept; and I hereby command you the said keeper to receive the said A.B. into your custody in the said house of correction, and him there safely to keep until he shall be thence delivered by due course of law.

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Warrant to detain a Person indicted who is already in custody for another

the

Offence.

To the keeper of the [common gaol, or house of correction], at

in the said [county] of

WHEREAS it hath been duly certified by J.D., clerk of the indictments on

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35

that [&c., stating the certificate]: And whereas [I am] informed that the said 40
A.B. is in your custody in the said [common gaol] at
aforesaid,
charged with some offence or other matter; and it being now duly proved
upon oath before [me] that the said A.B. so indicted as aforesaid, and the
said A.B. in your custody as aforesaid, are one and the same person: These
are therefore to command you, in Her Majesty's name, to detain the said A.B. 45

in

your custody in the [common gaol] aforesaid until by Her Majesty's writ A.D. 1878. 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 your custody by due course of law.

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The defendant [or prosecutor] challenges the array of the petty jury on the ground that the panel was returned by A.B. [state the name and office of the officer who returned the panel], and that the said A.B. [state the nature of 15 the objection, e.g., is the brother of C.B. the prosecutor in this case].

(LL.)

Rules as to the keeping of Books of Record.

1.

Books of record shall be kept by the proper officers of each of the superior 20 courts, and of every court of quarter sessions.

25

30

35

Every such book shall have a title setting forth the name of the court for which and of the officer or officers by whom it is kept. When any new officer is appointed, he shall make in the said book a memorandum of the death, retirement, or removal of his predecessor, and of his own appointment.

2.

The proceedings which take place at each session of the court shall be recorded together under headings to the following, or the like effect:

Central Criminal Court,

January sittings, 1878,
North-eastern Circuit.

Commission of Oyer and Terminer and Gaol Delivery for the county of York, March 1878.

3.

The proceedings of each day shall be recorded in the following manner:
March 20th, 1878.

The commission was opened this day at the assize courts at York, by the
Hon. Mr. Justice

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In addition to the entries made in every case under Rule 4, special entries shall be made as of course in the following cases :—

(a.) If the defendant pleads in abatement or pleads any special plea or challenges the array in writing or stands mute or makes any motion in 15 writing, every such plea, challenge, and motion and all further pleadings thereon shall be entered in the record, and the further proceedings thereon shall be recorded in the manner herein-after shown.

(b.) If the court makes any special order under any of the powers contained in this Act or under any other power, the order shall be recorded.

(c.) It shall not be necessary to record any adjournment of the court for necessary refreshment, or for the continuance of the trial from day to day or from Saturday till Monday.

6.

20

If the court directs any other matter or thing to be recorded it shall be 25 recorded in a manner similar to the foregoing examples.

(MM.)

[FORM of the HEADINGS of INDICTMENTS.]

An indictment in the [name of the court].

1 Name of the defendant [4.]

2 Committed for trial by [name of committing magistrate] at [place of committal] on [date of committal].

Depositions taken on [date of taking depositions] at [place of taking depositions].

30

Indictment found a true bill [or no true bill] by the grand jury of [district 35 for which the grand jury act] on the [date].

1 If the name is unknown, describe the defendant otherwise.

2 If no committal for trial, say "Affidavits filed with [name of justice] by [name of prosecutor] "who was bound over to prosecute by [name of justice] at

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