11 & 12 Vict. c. 42. forenoon, at or before such other justice or justices of the peace for the same [county] as may then be there, to testify what he shall know concerning the said charge so made against the said A. B. as aforesaid. Given under my hand and seal, this day of in the year of our Lord at in the [county] aforesaid. J. S. (L.S.) 30. Warrant for a Witness in the first instance (L. 3). To the constable of 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 [c. as in summons], and it having been made to appear to me upon oath that E. F., of [labourer], is likely to give material evidence for the prosecution, and that it is probable that the said E. F. will not attend to give evidence without being compelled so to do: These are therefore to command you to bring and have the said E. F. before 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 he shall know concerning the said charge so made against the said A. B. as aforesaid. Given under my hand and seal, this — day of our Lord at in the [county] aforesaid. me on -, at in the year of J. S. (L.S.) 31. Warrant of Commitment of a Witness for refusing to be sworn, or to give Evidence (L. 4). To the constable of --, and to the keeper of the [house of correction] at in the said [county] of at to or before Whereas A. B. was lately 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 summons], and it having been made to appear 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 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 [house of correction] at in the county aforesaid, and there deliver him to the said keeper thereof, together with this precept; and I do hereby command you the said keeper of the said [house of correction] to receive the said E. F. into your custody in the said [house of correction], and him there safely keep for the space of days for his said contempt, unless he shall in the mean c. 42. time consent to be examined and to answer concerning the premises; 11 & 12 Vict. and for your so doing this shall be your sufficient warrant. Given under my hand and seal, this day of in the [county] aforesaid. our Lord at in the year of J. S. (L.S.) 32. Warrant of Commitment of a Witness for refusing to be sworn, or to give Evidence, who attends without a Summons. (Not in Jervis's Act.) To the constable [as Form No. 31]. Whereas A. B. was this day brought before me, the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of for that he, the said A. B., did on the day of last, at the parish of in the [county] aforesaid [here state the charge as in the caption of the depositions]: And whereas one E. F. of, &c., here in the presence of the said A. B., now under examination before me the said justice on the charge aforesaid, now voluntarily appears as a witness for the prosecution in that behalf, and the said E. F. appearing to me, upon oath, likely to give material evidence for the prosecution, but 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 [follow in the form No. 31 to the asterisk*, then thus,] until he shall submit to be examined on oath or affirmation, and to answer concerning the premises, and for your so doing, &c. [to end of No. 31]. to wit.} SECT. 5.-THE PRELIMINARY EXAMINATION. day of in the year of our Lord (a) It is recommended that the caption and depositions be written on foolscap paper, the caption on a half-sheet, and each witness commencing with a fresh sheet, and instead of the witness's address being in the caption, inserting it at the commencement of his statement. This is the plan adopted in the City of London Police Courts, and is much approved. (b) Where the accused is charged with the commission of two or more felonies or misdemeanors committed at the same time and place in respect of different prosecutors, the offences may be included in one set of depositions, the second being stated as, " And also, with stealing one coat, of the goods and chattels of, &c." Id. ss. 17, 18. 11 & 12 Vict. c. 42. Id. s. 18. the deposition of the witness as nearly as possible in the words he uses. When his deposition is complete, let him sign it (c)]. 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. [If the accused is remanded, say here: "Remanded to the J. S. 34. Depositions of the Witnesses on the Remand Day. This will be on the like caption as No. 33, but instead of repeating the offence, say from the asterisk*: "with the felony [or misdemeanor] before mentioned." The jurat will be as follows: The above depositions of F. G., &c. were taken and sworn before me at on the 1856, the depositions of C. D. and E. F., taken on the day of day of 1856, being at the same time read over and resworn in the presence and hearing of the before-named prisoner. J. S. [Where the same justice hears the further evidence on the remand day, there would be no necessity for the former depositions to be resworn, and consequently no allusion to it in the jurat. If there is no further evidence taken on the remand day, and another remand takes place, say at the foot of the depositions: Again remanded to the 66 If on the remand day there is a committal for trial by another justice without any additional evidence, place the following jurat: "The foregoing depositions of C. D. and Ě. F., &c. were read over and resworn before me at on the day of, 1856, in the presence and hearing of the beforenamned prisoner." J. L. 35. Memorandum to be written on Documents produced in Evidence. (Not in Jervis's Act.) This is the plan [or as the case may be] produced to me, the undersigned, [one] of her Majesty's justices of the peace for the [county] of on the examination of A. B., charged with arson, [forgery, &c.] and referred to in the examination of C. D. touching the said charge, this day of 1856. 36. Statement of the Accused (N) (d). J. S. A. B. stands charged before the undersigned, [one] of her Majesty's justices of the peace in and for the [county] aforesaid, this day in the year of our Lord for that he, the said A. B., on [&c. as in the caption of the depositions], and the said of at (c) Where the accused interposes an observation during the examination of a witness, insert it in this manner: "The prisoner here voluntarily says" [put his very words]. The cross-examination should likewise be taken down, as "cross-examined by the prisoner [or by Mr. Wontner, attorney, or Mr. Bodkin, counsel for the prisoner."] And where the accused himself cross-examines the witness, the answer as well as the question may be taken down if desirable. (d) A separate statement need not be used for each accused person, where more than one concerned in the same offence; but all the names stated at the top, and after giving the statement made by the first, say for the second prisoner," Whereupon the said E. F.saith as follows:" and so on with each of them. c. 42. charge being read to the said A. B., and the witnesses for the prosecu- 11 & 12 Vict. tion, 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.] A. B. the day and year first above mentioned. J. S.+ The purport of the proviso in s. 18 of 11 & 12 Vict. c. 42, should N.B. If the accused, after making a statement, calls witnesses to parish, farmer, &c. labourer, and I. K., of the same The said G. H. on his [oath] saith as follows:" [stating the words he uses in the usual manner.] The jurat will be the same as the foot of form No. 33. 37. Warrant of Commitment (T. 1). To the constable of --, and to the keeper of the [house of cor- Id. s. 25. rection] at in the said [county] of on Whereas A. B. was this day charged (e) before me, J. S., one of her Majesty's justices of the peace in and for the said [county] of the oath of C. D. of -, [farmer], and others, for that, [&c. stating shortly the offence]: These are therefore to command you, the said constable of to take the said A. B., and him safely to convey to the [house of correction] at aforesaid, and there to deliver him to the keeper thereof, together with this precept; and I do hereby command you, the said keeper of the said house of correction], to receive the said A. B. into your custody in the said [house of correction], and there safely keep him until he shall be thence delivered by due course of law. Given under my hand and seal, this day of year of our Lord -, in the J. S. (L.S.) at in the [county] aforesaid. * It will be observed that this commitment does not state whether the accused is to be tried at the assizes or sessions, or where. (e) If another person is accused, but is held to bail, insert here: "with one M. M. who has been held to bail." 11 & 12 Vict. c. 42. Vide s. 23. Although not necessary, it might be advisable, for the guidance of the keeper of the gaol, where the precise nature of the charge cannot be gathered from the short statement of the offence in this form, to insert at this place :-"The next court of oyer and terminer, or general gaol delivery, or [court of general quarter sessions of the peace], to be holden in and for the said [county] of · 38. Detainer of a Prisoner on a Second Charge of Felony or Misdemeanor. in the said To the keeper of the [house of correction] at [county] of Detain in your custody the body of A. B., he being further to wit. charged before me, J. S., one of her Majesty's justices of the peace in and for the said [county] of on the oath of C. D. of [farmer], and others, for that, [&c. stating the offence as in a commitment], until he shall be thence delivered by due course of law; and for your so doing this shall be your sufficient warrant. Given, &c. [as No. 37, supra.] 39. Certificate of Consent to Bail by the committing Justice, indorsed on the Commitment No. 37 or 38 (S. 3). J. S. I hereby certify that I consent to the within-named A. B. being bailed by recognizance, himself in and [two] sureties in each. [Add here, if the justice requires notice to be given of the bail: "but I require the said A. B. to give [twenty-four hours'] written notice to the prosecutor, C. D., at -, &c., of his intention to tender such bail, with the time and place of so tendering, and the names, abodes and quality of his proposed sureties." [Vide form of Notice of Bail, No. 54, p. 285.] 40. Register of Persons committed or held to Bail for Indictable Offences. |