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(N.)

Statement of the Accused.

: A. B. stands charged before the undersigned, [one] of Her Majesty's justices of the peace in and for the [county] aforesaid, this in the year of our Lord

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day of

for that he the said A. B. on [dc., 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 in evidence against you upon 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.]

Taken before me at

above mentioned.

A. B.

the day and year first

J. S.

(0. 1.)

of

Recognizance to Prosecute or give Evidence.

Be it remembered that on the of in the year of our Lord in the township of county, farmer, [or C. D. of No. 2, the parish of , in the borough of

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day C. D.

in the said

street, in

, surgeon,

of which said house he is tenant], personally came
before me one of Her Majesty's justices of the peace
for the said county, and acknowledged himself to owe
to our Sovereign Lady the Queen the sum of
of good and lawful money of Great Britain, to be
made and levied of his goods and chattels, lands and

Sched.
N.

Sched. 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.

0.1.

Taken and acknowledged, the day and year first above mentioned, at

before me.

Condition to Prosecute.

J. S.

The condition of the within 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 [dc., 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 [county] 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 inquire of 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 asterisk,* 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 inquire 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, or else to stand in full force and virtue."

(0.2.)

Notice of the said Recognizance to be given to the
Prosecutor and his Witnesses.

Take notice, that you C. D. of
bound in the sum of

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are

to wit.
to appear at
the next court of [general quarter sessions of the peace],
in and for the county of
to be holden at
in the said county, and then and there [prosecute
and] give evidence against A. B.; and unless you
then appear there, and [prosecute and] give evidence
accordingly the recognizances entered into by you
will be forthwith levied on you. Dated this
day of

186 .

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Sched.

0.1.

(P. 1.)

J. S.

Commitment of Witness for refusing to enter into the
Recognizance.

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Whereas A. B. was lately charged before the undersigned [one] of Her Majesty's justices of the peace in and for the said [county] of

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for

that [dc., 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

Sched. appear] before [me] on
P. 1.

at

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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 by [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 constable to take the said E. F., and him safely to convey to the [house of correction] at in the [county] 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 [house of correction] to receive the said E. F. into your custody in the said [house of correction] there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime such E. F. shall duly enter into such recognizance as aforesaid in the sum of pounds, before some one justice of the peace for the said [county] 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 [county] 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

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in the year of our Lord

in the [county] aforesaid.

, at

(P. 2.)

Subsequent Order to Discharge the Witness.

To the keeper of the [house of correction] at , in the [county] of

Whereas by [my] order dated the

day of [instant], reciting that A. B. was lately before them, charged before [me] for a certain offence therein mentioned, and that E. F. having appeared before [me], and being examined as a witness for the prosecution in that behalf, refused to enter into a recognizance to give evidence against the said A. B., and [I] therefore thereby committed the said E. F. to your custody, and required you safely to keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter into such recognizance as aforesaid: And whereas, for want of sufficient evidence against the said A. B., the said A. B. has not been committed by or holden to bail for the said offence, but on the contrary thereof has been since discharged, and it is therefore not necessary that the said E. F. should be detained longer in your custody: These are therefore to order and direct you the said keeper to discharge the said E. F. out of your custody as to the said commitment, and suffer him to go at large.

of

Given under [my] hand and seal, this

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day
at

J. S. (L.S.)

Sched.
P. 2.

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