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Justices of the Peace, &c.

day of

at

instant, when I o'clock in 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 there safely keep him until the hereby command you to have him at forenoon of the same day before (me) or before such other Justice or Justices of the Peace for the said Colony as may then be there to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the meantime.

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day of
in the Colony aforesaid.

in the

(P 2)

RECOGNIZANCE OF BAIL INSTEAD OF REMAND ON AN
ADJOURNMENT OF EXAMINATION

Be it remembered that on the

of our Lord

A.B. of (grocer), and N.O. of

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(labourer), L.M. of (butcher) personally came before

me, one of Her Majesty's Justices of the Peace for the said Colony, and severally acknowledged themselves to owe to our Lady the Queen the several sums following; that is to say, the said A.B. the sum of and the said L.M and N.O. the sum of each of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he the said A.B. fail in the condition endorsed. Taken and acknowledged the day and year first above mentioned at before me

CONDITION

J.S. (L.S.)

The condition of the within written recognizance is such that whereas the within-bounden A.B. was this day (or on last past) charged before me for that (dc., as in the warrant): And whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the

day

of instant; if therefore the said A.B. shall appear before me on the said day of instant at o'clock in the forenoon, or before such other Justice or Justices of the Peace for the said Colony as may then be there to answer (further) to the said charge and to be further dealt with according to law, then the said recognizance to be void or else to stand in full force and virtue.

(P 3)

NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO THE
ACCUSED AND HIS SURETIES

Take notice that you A.B. of

are bound in the sum of

and your sureties L.M. and N.O. in the sum of each, that you A.B. appear before me J.S. one of Her Majesty's Justices of the Peace for the Colony of Western Australia, on the

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at Justice or Justices of the Peace for the same Colony as may then be there, to answer further to the charge made against you by C.D., and to be further dealt with according to law; and unless you A.B. personally appear accordingly, the recognizances entered into by yourself and sureties will be forthwith levied on you and them.

Dated this

day of

18

J.S.

Justices of the Peace, dc.

(P 4)

CERTIFICATE OF NON-APPEARANCE TO BE ENDORSED ON THE

RECOGNIZANCE

I hereby certify that the said A.B. hath not appeared at the time and place in the above condition mentioned, but therein hath made default, by reason whereof the within-written recognizance is forfeited.

(Q 1)

RECOGNIZANCE OF BAIL

J.S.

Be it remembered that on the

of our Lord

(grocer), and N.O. of

A.B. of

in the year

day of (labourer), L.M. of (butcher), personally came before

(us) the undersigned, two of Her Majesty's Justices of the Peace for the said Colony, and severally acknowledged themselves to owe to our Lady the Queen, the several sums following: (that is to say) the said A.B. the sum of and the said L.M. and N.O. the sum of each of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he the said A.B. fail in the condition endorsed. Taken and acknowledged the day and year first above mentioned, at before me

J.S.

J.N.

CONDITION IN ORDINARY CASES

The condition of the within-written recognizance is such that whereas the said A.B. was this day charged before (us), the Justices within mentioned, for that (dc., as in the warrant): if therefore he the said A.B. will appear at the next Court of Oyer and Terminer or General Gaol Delivery (or Court of General Quarter Sessions of the Peace) to be holden in and for the Colony of Western Australia, and there surrender himself into the custody of the Keeper of the (Common Gaol), there and plead to such indictment as may be found against him by the grand jury for or in respect of the charge aforesaid and take his trial upon the same, and not depart the said Court without leave, then the said recognizance to be void or else to stand in full force and virtue.

CONDITION WHERE THE DEFENDANT IS ENTITLED TO A TRAVERSE

The condition of the within-written recognizance is such that whereas the said A.B. was this day charged before (me) the Justice within mentioned for that (&c., as in the warrant or summons); if, therefore, the said A.B. will appear at the next Court of General Quarter Sessions of the Peace (or Court of Oyer and Terminer and General Gaol Delivery) to be holden in and for the Colony of Western Australia, and there plead to such indictment as may be found against him by the grand jury for or in respect of the charge aforesaid, and shall afterwards at the then next Court of General Quarter Sessions of the Peace (or Court of Oyer and Terminer and General Gaol Delivery) surrender himself into the custody of the Keeper of the (House of Correction) there and take his trial upon the said indictment, and not depart the said Court without leave, then the said recognizance to be void or else to stand in full force and virtue.

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Justices of the Peace, &c.

(Q 2)

NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE
ACCUSED AND HIS BAIL

Take notice that you, A.B., of

are bound in the sum of

and your (sureties L.M. and N.O.) in the sum of each, that you A.B. appear (dc., as in the condition to the recognizance) and not depart the said Court without leave; and unless you the said A.B. personally appear and plead and take your trial accordingly, the recognizance entered into by you and your sureties shall be forthwith levied on you and them.

Dated this

day of

18.

J.S. (L.S.)

(Q3)

CERTIFICATE OF CONSENT TO BAIL BY THE COMMITTING JUSTICE ENDORSED ON THE COMMITMENT

I hereby certify that I consent to the within-named A.B. being bailed by recognizance, himself in and (two) sureties in

each.

(Q4)

J.S. (L.S.)

THE LIKE ON A SEPARATE PAPER

Whereas A.B. was on the

tion) at

committed by me to the (House of Correccharged with (dc., naming the offence shortly):

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I hereby certify that I consent to the said A.B. being bailed by recognizance, and (two) sureties in

himself in

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each.

(Q 5)

J.S.

WARRANT OF DELIVERANCE ON BAIL BEING GIVEN FOR A
PRISONER ALREADY COMMITTED

To the Keeper of the (House of Correction) ut

Western Australia.

in the Colony of

Whereas A.B., late of (labourer), hath before (us, two) of Her Majesty's Justices of the Peace in and for the said Colony, entered into 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 Colony of Western Australia, to answer our Sovereign Lady the Queen for that (dc., as in the commitment) for 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, and you shall forthwith suffer him to go at large. Given under our hands and seals this year of our Lord

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To the Constable of

at

Justices of the Peace, &c.

(R 1)

WARRANT OF COMMITMENT

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and to the Keeper of the (House of Correction) in the said Colony of Western Australia

Whereas A.B. was this day charged before me, J.S., one of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, on the oath of C.D., of (farmer), and others, for that (dc., stating shortly the offence): These are therefore to command you, the said Constable of to take the said A.B. and him safely to convey to the (House of Correction)

aforesaid, and there to deliver him to the 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 A.B. into your custody in the said (House of Correction) and there safely keep him, until he shall be thence delivered by due course of law. , in the year

Given under my hand and seal, this of our Lord

at

day of
in the Colony aforesaid.

J.S. (L.S.)

(R 2)

GAOLER'S RECEIPT TO THE CONSTABLE FOR THE PRISONER

I hereby certify that I have received from W.T., Constable, of

the body of A.B., together with a warrant under the hand and seal of J.S., Esquire, one of Her Majesty's Justices of the Peace for the Colony of Western Australia; and that the said A.B. was (sober, or as the case may be) at the time he was so delivered into my custody.

P.K.,
Keeper of the House of
Correction (or
Common Gaol) at

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An Ordinance to facilitate the performance of the Duties of Justices of the Peace out of Sessions within the Colony of Western Australia with respect to Summary Convictions and Orders.

WE

[Assented to 2nd December, 1850.

HEREAS it would conduce much to the improvement of the administration of justice in the Colony of Western Australia so far as regards summary convictions and orders to be made by Her Majesty's Justices of the Peace therein, if the duties of such Justices in respect of such summary convictions and orders were clearly defined by positive enactment: Be it therefore declared and enacted

information shall be laid or complaint made of offences committed, Justices may

issue summons to persons to answer the same

How summons to be served

Justices of the Peace, &c.

by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that in all In all cases where cases where an information shall be laid before one or more of Her Majesty's Justices of the Peace for the said Colony that any person has committed or is suspected to have committed any offence or act within the jurisdiction of such Justice or Justices for which he is liable by law, upon a summary conviction for the same before a Justice or Justices of the Peace, to be imprisoned or fined or otherwise punished, and also in all cases where a complaint shall be made to any such Justice or Justices upon which he or they shall have authority by law to make any order for the payment of money or otherwise, then, and in every such case, it shall be lawful for such Justice or Justices of the Peace to issue his or their summons (A) directed to such person, stating shortly the matter of such information or complaint, and requiring him to appear at a certain time and place before the said Justice or Justices, or before such other Justice or Justices of the said Colony as shall then be there, to answer to the said information or complaint and to be further dealt with according to law, and every such summons shall be served by a Constable or Peace Officer or other person to whom the same shall be delivered upon the person to whom it is so directed by delivering the same to the party personally or by leaving the same with some person for him at his last or most usual place of abode, and the Constable, Peace Officer or person who shall serve the same in manner aforesaid shall attend at the time and place and before the Justices in the said summons mentioned to depose, if necessary, to the service of the said summons: Provided always that nothing herein mentioned shall oblige any Justice or Justices of the Peace to issue any such summons in any case where the application for any order of Justices is by law to be made ex parte; provided also that no objection shall be allowed for want taken or allowed to any information, complaint or summons for any alleged defect therein in substance or in form, or for any variance between such information, complaint or summons and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint as hereinafter mentioned, but if any such variance shall appear to the Justice or Justices present and acting at such hearing to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day.

Justice not

obliged to issue summons in certain cases

No objection

of form

If summons be not obeyed, Jus

tices may issue a warrant,

2. And be it enacted that if the person so served with a summons as aforesaid shall not be and appear before the Justice or Justices at the time and place mentioned in such summons, and it shall be made to appear to such Justice or Justices by oath or affirmation that such summons was so served at what shall be deemed by such Justice or Justices to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such Justice or Justices, if he or they shall think fit, upon oath or affirmation being made before him or them substantiating the matter of such information or complaint to his or their satisfaction, to issue his or their warrant (B) to apprehend the party so summoned, and to bring him before the same Justice or Justices or before some other Justice or Justices of the Peace in and for the said Colony to answer to the said information or complaint and to be further dealt with according to law; or upon such

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