and 16. Warrant of Commitment of a Person indicted (H). To the constable of, and to the keeper of the [common gaol, or house of correction], at in the said [county] of Whereas by [my] warrant under [my] hand and seal, dated the day of after reciting that it had been certified by J. D. [&c., as in the certificate], [I] commanded the constable of 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 in the year of our Lord in the [county] aforesaid. -- day of at J. S. (L.S.) 11 & 12 Vict. c. 42. s. 3. 17. Deposition that the Person indicted is the same who is in Id. 18. Warrant to detain a Person indicted who is already in Id. Custody for another Offence (I). To the keeper of the [common gaol, or house of correction] at in the said [county] of 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 [&c., 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 gaol] 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 in the [county] aforesaid. J. S. (L.S.) 75, 76; 8 & 9 6 & 7 Vict. cc. 19. Warrant of Apprehension of Foreigners committing Offences in France, and escaping to this Country or America. (Given in Schedule to 8 & 9 Vict. c. 120.) Vict. c. 120. To all and each of the constables of the Metropolitan Police Metropolitan Whereas the Right Honourable one of her and seal at J. P. (L.S.) Id. 20. Warrant of Committal of Person apprehended. (Given in Schedule to 8 & 9 Vict. c. 120.) To A. B., one of the constables of the Metropolitan Police Force, and to the keeper of the at Metropolitan Be it remembered, that on the day of Police District, in the year of our Lord —, A. B., late of —, is at SECT. 3.-OF REMANDING OR BAILING ACCUSED BEFORE OR 21. Warrant remanding a Prisoner (Q. 1). To the constable of and to the [keeper of the house of correction] at in the said [county] of day of Whereas A. B. was this day [or on the ] charged 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 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 at - o'clock in the forenoon of the same day before [me], or before some 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. Given under my hand and seal this day of in the year of our Lord the [county] aforesaid. to have him* at at - in J. S. (L.S.) 11 & 12 Vict. c. 42, s. 21. 22. Order to bring up Accused before Expiration of the Id. To the keeper of the [common gaol] at Whereas A. B. of &c. was on the in the said [county] day of com to wit.mitted [by me] to your custody in the said [common gaol], 11 & 12 Vict. c. 42, s. 21. 23. Recognizance of Bail instead of Remand, on an Adjournment of Examination (Q. 2). Be it remembered, that on the 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. 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. at Taken and acknowledged the day and year first above mentioned, before me, 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 [&c., 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. Id. 24. Notice of such Recognizance, to be given to the Accused and his Sureties (Q. 3). on the day of each, that you A. B. appear before me, J. S., one of her Majesty's justices 185-. J. S. Id. 25. Certificate of Non-appearance to be endorsed on the Recognizance (Q. 4). 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. SECT. 4. OF COMPELLING WITNESSES' ATTENDANCE, &c. 26. Deposition that a Person is a material Witness. (Not in 11 & 12 Vict. Jervis's Act.) [This will be the same as form No. 18, ante, p. 30, except that the witness must be stated to be likely to give material evidence for the prosecution only.] 27. Summons of a Witness (L. 1). To E. F. of, [labourer]. Whereas information hath been laid before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of that A. B. [&c., as in the 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 next, 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 you shall know concerning the said charge so made against the said A. B. as aforesaid. Herein fail not. Given under my hand and seal, this day of of our Lord at in the [county] aforesaid. in the year J. S. (L.S.) 28. Deposition of Constable of the Service of the last Summons. (Not in Jervis's Act.) [This will be the same as Form No. 9, ante, p. 26, no tender of expenses being necessary in indictable offences.] 29. Warrant where a Witness has not obeyed a Summons. (L. 2). To the constable of and to all other peace officers in the said [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. &c. 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 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 O. F. T c. 42, s. 16. |