No. 6. Ord. No. 5, 1855. Note. This form to be altered as oc casion may require, to suit the case of commitment of a witness for refusing to obey sum mons. No. 9. WARRANT OF COMMITMENT OF A WITNESS. For refusing to be sworn, or to give evidence to the stipendiary or any other constable of and to the keeper of the of at in the said at Whereas A. B. was lately charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said of for that (dc., 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 in the said at aforesaid, and there deliver him to the said keeper thereof, together Given under my hand and seal, this at day of (labourer), taken on (oath) this in the year of our Lord aforesaid, before the under signed, (one) of Her Majesty's Justices of the Peace for the said in the presence and hearing of A. B., who is charged this day before (me), for that he the said A. B. on at (Sc., describing the offence as in a warrant of commitment). This deponent C. D. on his (oath) saith as follows (§c., 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 (&c.) The above depositions of C. D. and E. F. were taken and (sworn) before me at on the day and year first above mentioned. J. S. No. 11. STATEMENT OF THE ACCUSED. stands charged before the undersigned, one of Her Majesty's Justices of the Peace in and for the at day of in the year of for that he the said A. B. on (&c., 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.) No. 6. Ord. No. 5, 1855. A. B. year of our Lord 18 in the before me did come one of Her Majesty's Justices of the Peace in and for the said islands, and did of for and not depart thence without leave of the Court; then this recognizance to be void, or else to remain in its full force. NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE PROSECUTOR AND HIS WITNESSES. Take notice, that you, C. D. of to wit.the sum of are bound in to appear at the next (or present No. 6. Ord. No. 5, 1855. evidence as the case may be) sittings of the Court of these islands, to be day of 18 J. S. Whereas A. B. was lately charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said of at for that (Sc., as in the summons to the witness) and it having been made to appear to (me) 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, 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 prison at in the island of there deliver him to the said keeper thereof, together with this precept and I do hereby command you, the said keeper of the said prison, to receive the said E. F. into your custody in the said prison, there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the mean time such E. F. shall duly enter into such recognizance as aforesaid, in the sum of pounds, before some one Justice of the Peace for conditioned in the usual form to appear in the General Court of the said islands, and there to give evidence upon the trial of the said A. B. for the said offence. the said Given under my hand and seal, this in the year of our Lord at day of in the and aforesaid. No. 15. SUBSEQUENT ORDER TO DISCHARGE THE WITNESS. To the keeper of the prison at Whereas E. F., of was lately committed to your custody for refusing to enter into a recognizance for his appearance as a witness in the Supreme Court of these islands, by warrant of commitment under my hand and seal, in which you were required to keep him until after the trial of a certain A. B. therein mentioned. And whereas for want of sufficient evidence the said No. 6. A. B. has been discharged from the accusation then pending against Ord. No. 5, him, and it is therefore not necessary that the said E. F. should be 1855. detained longer in your custody: These are therefore to order and direct you, the said keeper, to discharge the said E. F. out of custody as to the said commitment, and suffer him to go at large. Given under (my) hand and seal, this in the year of our Lord aforesaid. in the your day of at Whereas, A. B. was this day charged before the undersigned, (one) of Her Majesty's Justices of the Peace, in and for the said for that (dc., 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 in the said 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 and there safely keep him until the of at at day the same day before me, or before such other Justice or Justices of in the year of our Lord at aforesaid. J. S. (L. S.) day of in the No. 17. RECOGNIZANCE OF BAIL INSTEAD OF REMAND ON ADJOURN MENT OF EXAMINATION. Be it remembered, that on the (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 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 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. failed in the condition indorsed. sum of Taken and acknowledged the day and year first above mentioned, No. 6. Ord. No. 5, 1855. CONDITION. 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 instant; if therefore the said A. B. shall appear before me on the said day of instant at day of o'clock in the forenoon, or before such other Justice or Justices of the Peace for the said 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. No. 18. NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO THE ACCUSED Take notice that you, A. B., of are bound in the sum of N. O., in the sum of and your sureties, L. M. and each, that you, A. B., appear before me, J. S., (one) of Her Majesty's Justices of the Peace for the day of at of on instant, at the o'clock in the forenoon, or before such other Justice or Justices of the Peace for the same 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. No. 19. CERTIFICATE OF NON-APPEARANCE TO BE INDORSED ON A 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. J. S. |