Sched. of (H.) SECT. 3. Warrant of Commitment of a Person indicted. To the constable of 1 and to the keeper of the [common gaol, or in the said [county] of house of correction], at Whereas by [my] warrant under [my] hand and seal, dated the day after reciting that it had been certified by J. D. [etc., as in the certificate], [1] commanded the constable of and all other peace officers of the said county, in her Majesty's name, forthwith to apprehend the said A. B., 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 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 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. Given under my hand and seal, this our Lord at day of in the [county] aforesaid. in the year of J. S. (L.S.) (I.) SECT. 3. another Offence. Warrant to detain a Person indicted who is already in Custody for To the keeper of the [common gaol or house of correction], at in Whereas it hath been duly certified by J. D., clerk of the indictments on the circuit [or clerk of the peace of and for the county of ], that [etc., stating the certificate] And whereas [I am] informed that the said 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. in your custody in the [common gao!] aforesaid, 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 your custody by due course of law. Given under my hand and seal, this day of , in the year of our Lord to wit. Whereas proof upon oath hath this day been made before me, one of her Majesty's justices of the peace for the said [county] that the name of J. S., to the within warrant subscribed, is of the handwriting of the justice of the peace within mentioned: I do therefore hereby authorise W. T., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all constables and other peace officers of the said [county] of to execute the same within the said last mentioned [county],* and to bring the said A. B., if apprehended in the day of 184. J. L. * The words following this asterisk are to be used only where the justice backing the warrant shall think fit, and may be omitted in backing English warrants in Ireland, Scotland, etc., or in backing Irish or Scotch warrants, etc., in England. To E. F., of (L. 1.) SECT. 16. Summons of a Witness. ,[labourer]. that Whereas information hath been laid before the undersigned [one] of her Majesty's justices of the peace in and for the said [county] of A. B. [etc., as in summons or warrant against the accused], and it hath been made to appear to me upon [oath] that you are likely to give material evidence for the [prosecution]: These are therefore to require you to be and to 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 may then be there, to testify what you shall know concerning the said charge so made against the said A. B. as aforesaid. 9 fail not. next, at Herein in the year of Sched. Warrant where a Witness has not obeyed a Summons. To the constable of [county] of Whereas information having been laid before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of that A. B. [etc., as in the summons]: and it having been made to appear to [me] upon oath that E. F. of [labourer], was likely to give material evidence for the prosecution, I did duly issue my summons to the said E. F., requiring him to be and appear before me on , and to all other peace officers in the said at or before such other justice or justices of the peace for the same county as might then be there, to testify what he should know respecting the said charge so made against the said A. B. as aforesaid: And whereas proof hath this day been made before me upon oath of such summons having been duly served upon the said E. F.: And whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered for such neglect: These are therefore to command you to bring and have the said E. F. 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 testify what he shall know concerning the said charge so made against the said A. B. as aforesaid. Given under my hand and seal, this our Lord at [ county] of Whereas information hath been laid before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of Sched. that [etc., as in summons]; and it having been made to appear to on at day of in the year of in the [county] aforesaid. J. S. (L.S.) (L. 4.) SECT. 16. Warrant of Commitment of a Witness for refusing to be sworn or to To the constable of at give Evidence. and to the keeper of the [house of correction] in the said [county] of at 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 for that [etc., as in the summons]; 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 appear before me on 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], and being required to make oath or affirmation as a witness in that behalf, hath now refused so to do [or being duly sworn as a witness doth now refuse to answer certain questions concerning the premises which are here put to him], without offering any just excuse for such his refusal : 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 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], and him there safely keep for the space of days for his said contempt, unless he shall in the meantime consent to be examined and to answer concerning the premises; and for your so doing this shall be your sufficient warrant. Given under my hand and seal, this in the year of our Lord to wit. at in the [county] aforesaid. (M.) SECT. 17. Depositions of Witnesses. The examination of C. D. of in [farmer] and E. F. of [labourer], taken on [path] this day of in the year of our Lord in the [county] aforesaid, before the undersigned, [one] of her Majesty's justices of the peace for the said [county], in the presence and hearing of A. B., who is charged this day before [me], for that he, the said A. B. on describing the offence as in a warrant of commitment]. This deponent C. D. on his [oath], saith as follows: [etc., stating the deposition of the witness as nearly as possible in the words he uses. When his deposition is complete let him sign it.] And this deponent E. F., upon his oath, saith as follows, [etc.] J. S. (N.) SECT. 18. 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 day of in the year of our Lord for that he the said A. B., on ,at [etc., 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.] Recognizance to Prosecute or give Evidence. C. D., of J. S. in the in the day of year of our Lord in the township of said county, farmer, [or C. D., of No. 2, street, in the parish of in the borough of , 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 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 indorsed. 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 [etc., 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." Sched. Sched. 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.) SECT. 20. Notice of the said Recognizance to be given to the Prosecutor and his Take notice, that you C. D., of to wit. of 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 recognizance entered into by you will be forthwith levied on you. Dated this day of J. S. (P. 1.) SECT. 20. Commitment of Witness for refusing to enter into the Recognizance. To the constable of , and to the keeper of the [house of correction] in the said [county] of at 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 for that [etc., 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, [1] duly issued [my summons to the said E. F. requiring him to be and appear] before [me] on at or before such other justice or justices of the peace as should then be there, our Lord day of in the [county] aforesaid. |