Vide s. 2. for the same city and the liberties thereof, sitting at the Mansion House [or "Guildhall"] justice room in the said city. A stipendiary magistrate]-in and for the [here insert the district or place], being a stipendiary magistrate for the said [district, &c.] sitting in open court, and having by law the power to do acts usually required to be done by two or more justices of the peace. A metropolitan police magistrate] -in and for the county of Middlesex, one of the police magistrates of the metropolis, sitting at the police court, Great Marlborough Street, in the parish of St. James, Westminster, within the metropolitan district. Of a divisional petty sessions]-in petty sessions in and for the division of N., in the said county of C., at N., in the same division and county. this day of county aforesaid,** did [Here set out the offence, &c. in the manner described in either contrary to the form of the statute in such case made and provided. "The matter of the above information is now substantiated before Taken [and sworn] before me, the day C. D. [or "D. E.”] 2. Deposition on Charge or Complaint substantiated on a Warrant being granted on disobedience to a Summons (a). (Not in Jervis's Act.) County of The matter of the within information [or "complaint"] was on this day of 1856, substantiated before to wit. me the within-mentioned justice [or "the undersigned, one of her Majesty's justices of the peace in and for the county of C.") at N., in the said county of C., by the oath of the within-named C. D., [or "L. M., of the parish of D., in the said county of S., farmer."] Before me, J. S. C. D. [or "L. M."] It (a) Sect. 10 of 11 & 12 Vict. c. 43. This would not be required if the information or complaint was originally taken upon oath, according to the provisions of the statutes giving cognizance of the offence or matter. may be on a separate paper, and annexed to the information or complaint; but it is more convenient to have it printed on its back. 3. Information at the Suit of an Informer. (Not in Jervis's Act.) Be it remembered, that on this day of in County of C. the year of our Lord one thousand eight hundred and to wit. fifty-six, C. D., of the parish of C., in the county of C. [labourer], in his proper person cometh before me the undersigned, one of her Majesty's justices of the peace in and for the said county of C. (b), and now giveth me the said justice to understand and be informed, that one A. B., of the parish of L., in the county of C. [labourer], within the space of now last past, to wit, on the at the parish of C., in the county aforesaid, did, [Here set out the offence in the manner described in either of the statements applicable in Chap. II. of this portion of this work.] day of contrary to the form of the statute in such case made and provided, whereby and by force of the said statute the said A. B. hath forfeited a sum of money not exceeding pounds for the said offence (the same being his first] offence) to be paid and applied according to law; And thereupon the said C. D. prayeth judgment in the premises and that the said A. B. may be caused to appear before the justices aforesaid to answer the said information, and make his defence thereto. Vide the asterisks at conclusion of form 1, for the words to be inserted here where a warrant granted in the first instance. Exhibited [and sworn] before me the day and year and at the place above-mentioned, J. S. } C. D. 4. Information for a Second Offence (c). (Not in Jervis's Act.) [Proceed with offence complained of as in No. 1, to the conclusion, and then add:] And also that he the said A. B. heretofore and before the commission of the said last-mentioned offence, to wit, on the day of last, at N., in the county aforesaid, was duly convicted before [one] of her Majesty's justices of the peace in and for the said county, for that he the said A. B., on &c. at &c. [here describe the offence as in the first conviction], contrary, &c.: And that the said A. B. was thereupon adjudged for his said last-mentioned offence to be imprisoned [or as the case may be, stating correctly the terms of the former adjudication]. 5. Information for a Third Offence. (Not in Jervis's Act.) [Proceed as in No. 4, adding thereto at the end the first offence committed, the last offence complained of then standing first in the information.] (b) Vide other descriptions of justices in body of information, form 1, ante, p. 23, 24. (c) Instead of averring the former conviction in the formal manner here shown, it may be open to doubt whether stating the previous conviction in general terms is not sufficient in the information, i. e. "the same being his [second] offence;" but an express and formal averment must be made in a conviction. Vide s. 5. Vide s. 5. Vide s. 1. Vide s. 2. 6. Information against an Aider or Abettor, with or without the Principal. (Not in Jervis's Act.) [Proceed with offence against the principal as in No. 1 or 3 to the conclusion, and then add :] And that F. G., of &c. was then and there present ["wilfully," or as the statute may be], aiding and abetting the said A. B. to do and commit the said offence, contrary, &c. 7. Information against a Counsellor or Procurer. (Not in Jervis's Act.) [Proceed with offence against the principal as in No. 1 or 3 to the conclusion, and then add:] And that F. G., of &c. before the said offence was committed as aforesaid, to wit, on the day of aforesaid, at the parish of [aforesaid], did ["wilfully," or as the statute may be] counsel and procure the said A. B. to do and commit the said offence, contrary, &c. SECT. 2. THE PROCESS TO ISSUE TO DEFENDANTS. 8. Summons to the Defendant upon an Information or To A. B. of Complaint (A). [labourer]. Whereas information hath this day been laid [or "complaint hath this day been made"] before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of for that you [here state shortly the matter of the information or complaint]: These are therefore to command you, in her Majesty's name, to be and at o'clock in the forenoon, at appear on before such justices of the peace for the said county as may then be there, to answer to the said information [or "complaint"], and to be further dealt with according to law. Given under my hand and seal this day of in the year of our Lord [county] aforesaid." at in the J. S. (L.S.) 9. Deposition of the Constable or other Person of the Service of the Summons. (Not in Jervis's Act.) The deposition of J. N., constable of the parish of C., in the to wit. said [county], taken upon oath before me the undersigned, one of her Majesty's justices of the peace for the said [county] of C., at N., in the same [county], this , 1856, who saith, that he served A. B. mentioned in the annexed [within] summons, with a duplicate thereof, on the last personally [or "by leaving the same with N. O. at the said A. B.'s usual place of abode at N., in the county of S."] Before me, J. S. day of day of J. N. 10. Warrant where the Summons is disobeyed (B). To the constable of said [county] of and to all other peace officers in the Whereas on last past information was laid [or "complaint was made"] before the undersigned [one] of her Majesty's justices of the at peace in and for the said county of for that A. B. [&c. as in the Lord 11. Warrant in the first instance (C). To the constable of and to all other peace officers in the said [county] of Whereas information hath this day been laid before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of, for that A. B. [here state shortly the matter of the information], and oath being now made before me substantiating the matter of such information: These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before some one or more of her Majesty's justices of the peace in and for the said county, to answer to the said information, and to be further dealt with according to law. Given under my hand and seal this day in the year of our Lord at in the [county] aforeJ. S. (L.S.) of said. 11a. Indorsement in backing a Warrant (K). Whereas proof upon oath hath this day been made before to wit. me, one of her Majesty's justices of the peace for the said [county] of 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 authorize 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 within the said [county], before me, or before some other justice or justices of the peace of the same county, to be dealt with according to law. day of 185. -- J. L. Given under my hand, this Vide s. 2. Vide s. 11 of 11 & 12 Vict. c. 42, and s. 3 of 11 & 12 Vict. c. 43. Vide s. 3. Vide s. 3. SECT. 3. REMANDING DEFENDANT, AND TAKING BAIL. 12. Warrant of Committal for safe Custody during an Adjournment of the Hearing (D). and it is To W. T., constable of and to the keeper of the [house of correction] at Whereas on last past information was laid [or "complaint was made"] before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of, for that [&c., as in the summons]: And whereas the hearing of the same is adjourned to the day of -, instant, at - o'clock in the forenoon, at necessary that the said A. B. should in the meantime be kept in safe custody: These are therefore to command you the said constable, în her Majesty's name, forthwith to convey the said A. B. to the [house of correction] at -, and there deliver him into the custody of 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 you are hereby required to convey and have him the said A. B., at the time and place to which the said hearing is so adjourned as aforesaid, before such justices of the peace for the said [county] as may then be there, to answer further to the said information [or complaint"], and to be further dealt with according to law. Given under my hand and seal, this day of, in the year of our Lord at in the [county] aforesaid. J. S. (L.S.) 13. Recognizance for the Appearance of the Defendant where the Case is adjourned, or not at once proceeded with (E). of Be it remembered, that on A. B. of and [labourer], and L. M. [grocer], personally came before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of severally acknowledged themselves to owe to our sovereign lady the Queen the several sums following; (that is to say,) the said A. B. the sum of ——, and the said L. M. the sum of - 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. shall fail in the condition indorsed. Taken and acknowledged, the day and year first above mentioned, at before me, The condition the within-written recognizance is such, that if the said A. B. shall personally appear on the day of - instant, at o'clock in the forenoon at before such justices of the peace for the said [county] as may then be there, to answer further to the information [or "complaint"] of C. D. exhibited against the said A. B., 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. |