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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.

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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.
Custody for same other Offence. (Not in Jervis's Act.)
[Proceed as in the Form No. 15 to the asterisk*, then thus:]-that
A. B., now confined in the [common gaol] at in the [county] of
is the same person who is indicted and referred to in the said
certificate.

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

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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
Force.

Metropolitan Whereas the Right Honourable one of her
Police District,Majesty's principal secretaries of state, by warrant
to wit. Sunder his hand and seal, bath signified to me that
pursuant to the [convention made between her Majesty and the King
of the French in the year one thousand eight hundred and forty-three,
or the treaty made between her Majesty and the United States of
America in the year one thousand eight hundred and forty-two, as the
case may be], for the apprehension of certain offenders, requisition hath
been duly made to him for delivering up to justice A. B., late of
who is charged with having committed the crime of [here specify the
offence], within the jurisdiction of [his Majesty the King of the
French, or the United States of America, as the case may be]: This is
therefore to command you, in her Majesty's name, forthwith to appre-
hend the said A. B., pursuant to an act passed in the ninth year of the
reign of her Majesty, intituled [here insert the title of this act],
wherever he may be found in England, and bring him before me, or
some other magistrate sitting in this court, to answer unto the said
charge, for which this shall be your warrant. Given under my hand
one of the police courts of the metropolis, this
in the year of our Lord

and seal at
day of

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
to wit. brought before me, J. P., one of the police magis-
trates of the metropolis, sitting at the police court in within the
metropolitan police district, and is charged before me, for that he the
said A. B., on the day of
at within the jurisdiction
of [his Majesty the King of the French, or the United States of Ame-
rica, as the case may be], did [here state the offence]: And forasmuch
as it hath been shown to me, upon such evidence as by law is sufficient
to justify the committal to gaol of the said A. B., pursuant to an act
passed in the seventh year of the reign of Queen Victoria, intituled
[here insert the title of the sixth and seventh Victoria, chapter
seventy-five, or sixth and seventh Victoria, chapter seventy-six,
as the case may require], that the said A. B. is guilty of the said
offence: This is therefore to command you the said constable, in her
Majesty's name, forthwith to convey and deliver the body of the said
A. B. into the custody of the said keeper of the
; and
you the said keeper to receive the said A. B. into your custody in the
same and him there safely to keep until he shall be thence deli-
vered pursuant to the provisions of the said act, for which this shall

at

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SECT. 3.-OF REMANDING OR BAILING ACCUSED BEFORE OR
DURING EXAMINATION.

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

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at - in

J. S. (L.S.)

11 & 12 Vict. c. 42, s. 21.

22. Order to bring up Accused before Expiration of the Id.
Remand. (Not in Jervis's Act.)

To the keeper of the [common gaol] at
of

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],
charged for that [c., as in the warrant remanding the prisoner], and
by the warrant in that behalf you were commanded to have him at
on the
day of now [next], at o'clock in the
forenoon, before such justice or justices of the peace for the said
[county] as might then be there, to answer further to the said charge,
and to be further dealt with according to law, unless you should be
otherwise ordered in the meantime: And whereas it appears to me, the
undersigned, one of her Majesty's justices of the peace in and for the
said [county] of -, [or the said justice], to be expedient that the
said A. B. should be further examined before the expiration of the
said remand: These are therefore to order you, in her Majesty's
name, to bring and have the said A. B. at [&c., follow from the
asterisk* in the form No. 21, supra, to the end].

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
Lord

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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. 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).

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on

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the day of

each,

that you A. B. appear before me, J. S., one of her Majesty's justices
of the peace for the [county] of
instant, 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 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. per-
sonally appear accordingly, the recognizances entered into by yourself
and sureties will be forthwith levied on you and them. Dated this
day of

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.

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(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.

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c. 42, s. 16.

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