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(P. 2.) SECT. 20.

Sched.

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in the [county]

Subsequent Order to Discharge the Witness.

To the keeper of the [house of correction] at 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 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.

Given under [my] hand and seal, this of our Lord

day of

at

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in the [county] aforesaid.

(Q. 1) SECT. 21.

in the year

J. S. (L.S.)

Warrant Remanding a Prisoner.

To the constable of

at

and to the [keeper of the house of correction],

in the said [county] of

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Whereas A. B. was this day 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 warrant to apprehend]; and it appears to me to be necessary to remand the said A. B.: These are therefore to command you, the said constable in her Majesty's name, forthwith to convey the said A. B. to the [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 there safely keep him until the day of instant, when [I] hereby command you to have him at o'clock in the forenoon of the same day, before [me], or before such other justice or justices of the peace for the said [county] 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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Recognizance of Bail instead of Remand, on an Adjournment of

Examination.

: Be it remembered, that on the

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day of in the year of our A. B., of labourer, L. M., of grocer, and N. O., of butcher, personally came before me, one of her Majesty's justices of the peace for the said [county], 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. 0. the sum of each, of good and wful money of Great Britain, to be

Sched.

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 indorsed.

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Taken and acknowledged, the day and year first above mentioned,
before me,
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Condition.

J. 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 [etc., 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 [county] 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.

(Q. 3.) SECT. 21.

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

at

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on

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o'clock in the forenoon, at

you A. B. appear before me J. S., one of her Majesty's justices of the
peace for the [county] of
the
day of
instant,
or before such other justice or
justices of the peace for the same [county] 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

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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.

(R. 1.) SECT. 22.

J. S.

Warrant to convey the Accused before a Justice of the County, etc., in which the Offence was committed.

To W. T., constable of
[county] of

Whereas A. B., of

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labourer, hath 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 [etc., as in the warrant to apprehend]: And whereas [I] have taken the deposition of C. D., a witness examined by [me] in this behalf; but inasmuch as [I] am informed that the principal witnesses to prove the said offence against the said A. B. reside in the [county] of C., where the said offence is alleged to have been committed: These are therefore to command you, the said constable, in her Majesty's name, forthwith to take and convey the said A. B. to the said [county] of C., and there carry him before some justice or justices of the peace in and for that [county], and near unto the [parish of D.], where the offence is alleged to have been committed, to answer further to the said charge before him or them, and to be further dealt with according to law; and [7] hereby further command you, the said constable, to deliver to the said justice or justices the information in this behalf, and also the

Sched.

in the year of

J. S. (L.S.)

said deposition of C. D., now given into your possession for that purpose,
together with this precept.
Given under my hand and seal, this

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day of

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Order for Payment of the Constable's Expenses.

To R. W., Esquire, treasurer of the said county of C.

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Whereas W. T., constable of in the county of 4., hath by virtue of and in obedience to a certain warrant of J. S., Esquire, [one] of her Majesty's justices of the peace in and for the said county of 4., taken and conveyed one A. B., charged before the said J. S. with having [etc., stating shortly the offence], from in the said county of A. to in the said county of C., a distance of miles, and produced the said A. B. before me, S. P., one of her Majesty's justices of the peace in and for the said county of C., and delivered him into the custody of by [my] direction, to answer to the said charge, and further to be dealt with according to law: And whereas the said W. T. hath also delivered to [me] the said warrant, together with the information in that behalf, and also the deposition of C. D. in the said warrant mentioned, and hath proved to [me] upon oath the handwriting of the said J. S. subscribed to the same: And whereas [I] have ascertained that the sum which ought to be paid to the said W. T. for conveying the said A. B. from the said county of A. to the said county of C., and taking him before [me], is the sum of and that the reasonable expenses of the said W. T. in returning will amount to the further sum of making together the These are therefore to order you, as such treasurer of the said county of C., to pay unto the said W. T. the said sum of according to the form of the statute in such case made and provided, for which payment this order shall be your sufficient voucher and authority. Given under my hand, this

sum of

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Be it remembered, that on the

Lord

of

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day of

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(S. 1.) SECT. 23. Recognizance of Bail. day of , in the year of our A. B., of labourer, L. M., of , grocer, and N. O.. butcher, personally came before [us] the undersigned, two of her Majesty's justices of the peace for the said [county], 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 indorsed. Taken and acknowledged, the day and year first above mentioned, before us,

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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 [etc., as in the warrant]: if therefore the said A. B. will appear 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 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

Sched.

without leave, then the said recognizance to be void, or else to stand in full force and virtue.

(S. 2.) SECT. 23.

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 etc., [as in the condition of 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 recog-
nizance entered into by you and your sureties shall be forthwith levied on
you and them.

Dated this

day of

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Certificate of Consent to Bail by the committing Justice indorsed 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

(S. 4.) SECT. 23.

The like, on a separate Paper.

each.

J. S.

Whereas A. B. was on the committed by me to the [house of correc

tion] at

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charged with [etc., naming the offence shortly]:

I hereby certify, that I recognizance, himself in Dated the

consent to the said A. B. being bailed by

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day of

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(S. 5.) SECT. 24.

Warrant of Deliverance on Bail being given for a Prisoner already

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Whereas A. B., late of labourer, hath before [us, two] of her Majesty's justices of the peace in and for the said county, 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 county of to answer our Sovereign Lady the Queen, for that [etc., 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, you shall forthwith suffer him to go at large.

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and to the keeper of the [house of correction] in the said [county] of

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 [county] of

on

the person when apprehended to any place or places within the limits of the jurisdiction of the magistrate who issued the warrant, and to bring him before that magistrate or before any other magistrate having jurisdiction over such place or places as aforesaid; and any magistrate before whom the person so apprehended is brought may proceed in the same manner as if such person had been apprehended within his jurisdiction.

66

5. Definition of terms.] For the purpose of this Act competent magistrate" shall mean

In Scotland,

The Lord Justice General, the Lord Justice Clerk,
any of the Lords Commissioners of Justiciary, any
Sheriff Depute or Substitute, or any Justice of the
Peace:

In Ireland,

Any Justice of the Peace or any Judge of Her
Majesty's Court of Queen's Bench, or any
Justice
of Oyer and Terminer or of Gaol Delivery:

In the Channel Islands,

In Jersey, the Bailiff or any Lieutenant Bailiff within
his Bailiwick or Jurisdiction.

In Guernsey, the Bailiff or any Lieutenant Bailiff
within his Bailiwick or Jurisdiction:

In Alderney, the Judge of Alderney, or in his absence
any Jurat of such Island:

In Sark, the Seneschal of Sark, or in his absence his
Deputy within such Island:

"Constable" shall include any peace officer or person
authorised to apprehend persons charged with
offences:

"Warrant" shall include any process in the nature
of a warrant.

Sect. 4.

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