ble Offences. expenses of conveying the accused into the proper county (s. As to Indicta22). Binding over Prosecutor and Witnesses, &c.—The justices taking the examinations to do so. Recognizance (No. 42, 44,) to specify trade and number of residence of person bound. Witnesses refusing to enter into same may be committed (No. 46) until after the trial of accused, unless recognizance sooner acknowledged. If accused not committed or held to bail for the offence, any justice may [by order, No. 47,] discharge the witness from gaol (s. 20). Bailing Accused (s. 23).-Before committal, the examining justice may at discretion take bail in any felony and in certain specified misdemeanors (No. 48, 49) (b). After committal, the committing justice may do so; or if he be of opinion that the accused should be bailed, he may grant a certificate of consent on the back of the commitment (No. 39), or on a separate paper (No. 50); and any justice attending the gaol shall bail him, and the sureties may be taken elsewhere on production of a like certificate to a justice of the same county, or without such certificate by the committing justice. In other misdemeanors than those specified, the examining justice may bail instead of committing, or after committal a visiting justice of the gaol may do so. No bail to be taken for treason but by order of secretary of state. A warrant of deliverance (No. 51) to be lodged with the gaoler when bail received after committal (s. 24). As Jervis's Act, 11 & 12 Vict. c. 43, relating to summary convictions and orders applies only partially to the matters in Chap. II. of Part III. of this Collection of Precedents, an outline of practice here would be useless, as it will be similar in Orders to that in Summary Convictions, ante, p. 13, &c.; but each title will show whether it is or not within the operation of that statute, and also the form to be used, if it be so; that statute, however, does not apply at all to matters to be done in special sessions generally. Points in preparing other forms not In preparing special forms, or forms not herein given, those in Jervis's Acts or in this collection will serve as outlines or guides, and by the observance of the few following general given. notes of the points or formal parts to be attended to in the (b) The cases in which discretionary and where compulsory for the justice to take bail for the accused are shown at one view in the 5th column of Chap. II. of Part II. of Oke's "Synopsis," 4th ed. The 7th column of the same portion of that work shows when the costs of prosecution are allowed in each case. Points in preparation of such instruments (c) and the order in which preparing other the several parts should be placed, no error will arise. For Forms Information or Complaint (d).-1. The venue, in the margin. 2. The party preferring the information or complaint. 3. The justice taking it, date and place of taking, and show his jurisdiction as to place. 4. Party charged. 5. Date of offence or matter. 6. Place of offence or matter within justice's jurisdiction. 7. Description of offence or matter, with exceptions in statute negatived. 8. Conclusion contra pacem or contra formam statuti. 9. Jurat and reference to date at top. Summons or Warrant.—1, 2, 3, 4, 5, 6, 7 and 8 by recital only. 2. Date and place of adjudicating. 3. Defendant's name and designation. 4. Number and designation of justice or justices. 6. Place of offence, and within a particular locality or juris- 7. Description of offence, with the proper exceptions, &c., negatived. 8. The precise terms of the adjudication as authorized by the statute or statutes. 9. Jurat, with reference to date and place first above mentioned. Orders.-1. Venue, in the margin. 2, 3, 4, 5, 6, 7, of complaint above, by recital only. 8. Statement of appearance or nonappearance of defendant, and proof of service of summons. 9. Hearing of matter, and adjudication of payment, and amount, with time, and imprisonment or mode of re (c) Suggested on a perusal of the "Bench Formulist." (d) The information or complaint, as the case may be, being the foundation of the justice's jurisdiction in summary convictions and orders, and cannot be amended, should be carefully prepared, in order to show every ingredient and requirement of the statute or statutes which give cognizance of the offence or matter; and such information or complaint being correctly recited in the process issued or other instrument (as in the case of orders for payment of money, &c.) save much trouble and inconvenience in the preparation of the necessary subsequent forms. covery in default, as provided by the statute or statutes under which the proceeding takes place. 10. Date and place of signing and sealing. Distress Warrants on Convictions.-1. Venue, in the margin. 2. Direction at top to constables of parish where offence committed. 3. Recite the conviction as 2 to 8, "Convictions," above. 4. Recital of nonpayment. 5. Mandate to constable to levy on defendant's goods, and sell and make return. 6. Date and place of signing and sealing. Distress Warrants on Orders.-1. 1 and 2, as last mentioned. 2. Recite the order, as 2 to 9, “Orders,” above. 3. 4, 5, 6, as last mentioned. Commitment in Default.-1. Venue, in the margin. 2. Direction to constable and gaoler. 3. 3 and 4 as in "Distress Warrants," above, according as it may be on conviction or on order to 4. 4. Mandate to constable to convey, and to gaoler to receive and imprison. 5. Condition of discharge. 6. Date and place of signing and sealing. Commitment to Imprisonment or for a Penalty.-1. 1 and 2, as in last-mentioned form. 2. Recite conviction, as 2 to 8, "Convictions," above. 3. Recital of nonpayment (if for a penalty). 4, 5, 6, as 4, 5, 6, in last-mentioned form. Points in preparing other PART I. SUMMARY CONVICTIONS AND ORDERS. CHAPTER I. GENERAL FORMS OR OUTLINES. All the Forms in this Chapter, except where otherwise stated to the contrary, are from the Schedule to Jervis's Act, 11 & 12 Vict. c. 43; the Sections placed in the margin of such Forms are where they are referred to in the body of that Statute, and the letter, &c. (as O 1), after the description of the Form, is the same as prefixed thereto in such Schedule. In the Forms given in the Schedule mentioned, the venue is invariably omitted from the margin; but it should always be inserted in magisterial proceedings. SECT. 1.-INFORMATIONS AND COMPLAINTS. 1. Information or Complaint, with or without Oath, with Vide ss. 1, 8, Variation when substantiated by another Person than the 10. Informant, Prosecutor or Complainant. (Not in Jervis's Act.) The information [or "complaint"] of C. D., of the parish to wit. of in the [county] of, labourer, If preferred by an attorney or agent, say: "by D. E., his duly authorized agent [or attorney'] in this behalf." taken [upon oath, if so required] before me, the undersigned, one of her Majesty's justices of the peace, Justice of county or borough]-in and for the said [county] of C., at N., Descriptions in the same [county]. Of two adjoining counties, &c.]—of and for the counties [or "ridings, divisions, liberties, or city, or borough"] of C. and S., being next adjoining counties [or "ridings, divisions," &c.] [or "surrounded by the said county of C."], at Ñ., in the said county [or "borough," &c.] of S. When acting for a detached part of another county]—of and for the county of C., and acting for the county of S. at N., in the said county of C., the parish where the offence [or "matter of complaint"] hereinafter mentioned was committed [or "arose"], being a detached part of the said county of S., and surrounded in part [or "in whole"] by the said County of C. City of London]—the lord mayor [or "one of the aldermen"] of the said city, and one of her Majesty's justices of the peace in and of justices. |