41. Warrant to convey the Accused before a Justice of the 11 & 12 Vict. County, &c. in which the Offence was committed (R. Ï). To W. T., constable of said [county] of and to all other peace officers in the Whereas A. B., of [labourer], hath this day been 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 whereas [I] have taken the deposition of C. D., a witness examined by [me] in this behalf; but inasmuch as [I] am informed that the principal witnesses to prove the said offence against the said A. B. reside in the [county] of C., where the said offence is alleged to have been committed: These are therefore to command you the said constable in her Majesty's name, forthwith to take and convey the said A. B. to the said [county] of C., and there carry him before some justice or justices of the peace in and for that [county], and near unto the [parish of D.], where the offence is alleged to have been committed, to answer further to the said charge before him or them, and to be further dealt with according to law; and [I] hereby further command you the said constable to deliver to the said justice or justices the information in this behalf, and also the said deposition of C. D. now given into your possession for that purpose, together with this precept. Given under my hand and seal, this day of in the year of our Lord at in the [county] aforesaid. J. S. (L.S.) 42. Order for Payment of the Constable's Expenses (R. 2). To R. W., Esquire, treasurer of the said county of C. Whereas W. T., constable of in the county of A., hath by virtue of and in obedience to a certain warrant of J. S., Esquire, [one] of her Majesty's justices of the peace in and for the said county of A., taken and conveyed one A. B., charged before the said J. S. with having [&c. stating shortly the offence], from - in the said county of A. to in the said county of C., a distance of miles, and produced the said A. B. before me, S. P., one of her Majesty's justices of the peace in and for the said county of C., and delivered him into the custody of by [my] direction, to answer the said charge, and further to be dealt with according to law: And whereas the said W. T. bath also delivered to [me] the said warrant, together with the information in that behalf, and also the deposition of C. D. in the said warrant mentioned, and hath proved to [me] upon oath the handwriting of the said J. S. subscribed to the same: And whereas [I] have ascertained that the sum which ought to be paid to the said W. T. for conveying the said A. B. from the said county of A. to the said county of C., and taking him before [me], is the sum of and that the reasonable expenses of the said W. T. in returning will amount to J. P. c. 42, s. 22. 11 & 12 Vict. c. 42, s. 20. SECT. 6.-OF BINDING OVER PROSECUTOR AND WITNESSES, &c. 43. Recognizance to prosecute or give Evidence (O. 1. Be it remembered, that on the day of Lord in the year of our in the said county, farmer [or C. D., of No. 2, street, in the parish of, in the borough of surgeon, of which said house he is tenant], personally came before me, one of her Majesty's justices of the peace for the said county, and acknowledged himself to owe to our sovereign lady the Queen, the sum of —, of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said lady the Queen, her heirs and successors, if he the said C. D. (a) shall fail in the condition indorsed. at Taken and acknowledged, the day and year first above mentioned, before me. J. S. Condition to prosecute.]-The condition of the within-written recognizance is such, that whereas one A. B. was this day charged before me, J. S., justice of the peace within mentioned, for that [&c. as in the caption of the depositions]; if therefore he the said C. D. (b) shall appear at the next court of oyer and terminer or general gaol delivery [or at the next court of general quarter sessions of the peace] to be holden in and for the [county] of *and there prefer or cause to be preferred a bill of indictment for the offence aforesaid against the said A. B., and there also duly prosecute such indictment, then the said recognizance to be void, or else to stand in full force and virtue. Condition to prosecute and give Evidence.]-Same as the last form to the asterisk*, and then thus :-and there prefer or cause to be preferred a bill of indictment against the said A. B. for the offence aforesaid, and duly prosecute such indictment, and give evidence thereon as well to the jurors who shall then inquire of the said offence as also to them who shall pass upon the trial of the said A. B., then the said recognizance to be void, or else to stand in full force and virtue. Condition to give Evidence.]-Same as the last form but one to the asterisk, and then thus:-and there give such evidence as he knoweth upon a bill of indictment to be then and there preferred against the said A. B. for the offence aforesaid, as well to the jurors who shall there inquire of the said offence as also to the jurors who shall pass upon the trial of the said A. B. if the said bill shall be found a true bill, then the said recognizance to be void, or else to stand in full force and virtue. (a) Or if a surety for a witness, say here: "If M., the wife of D. N., of &c. ;" or "F. G., of, &c., under the age of twenty-one years." (b) This recognizance may be adapted to several persons by placing at the top the names, &c., of all the witnesses, and stating at the letter (a) and here: "if they the said several persons so bound, &c." 43a. The three Conditions of the last Recognizance in one Form. (Not in Jervis's Act.) Proceed from the asterisk in the "Condition to prosecute," supra, then thus:]—and there [prefer or cause to be preferred a bill of indictment for the offence aforesaid against the said A. B., and there also duly prosecute such indictment, [and give evidence thereon as well to the jurors who shall then inquire of the said offence as also to them who shall pass upon the trial of the said A. B.]—give such evidence as he knoweth upon a bill of indictment to be then and there preferred against the said A. B. for the offence aforesaid, as well to the jurors who shall there inquire of the said offence as also to the jurors who shall pass upon the trial of the said A. B., if the said bill shall be found a true bill]-then the said recognizance to be void, or else to stand in full force and virtue. 44. Notice of the said Recognizance to be given to the Prosecutor and his Witnesses (O. 2). are bound in the Take notice, that you, C. D., of to wit. sum of to appear at the next court of [general quarter sessions of the peace] in and for the [county] of to be holden at -, in the said [county], and then and there [prosecute and] give evidence against A. B.; and unless you then appear there, and [prosecute and give evidence accordingly, the recognizance entered into by you will be forthwith levied on you. Dated this 185-. day of 45. The like, with Variation, where there is a Surety for a Witness. (Not in Jervis's Act.) Take notice, that you, C. D., of -, &c., are bound in the sum of pounds to appear [or for the appearance of L. M., of &c., a minor, or the wife of J. M., of &c., as the case may be], at the next court of general quarter sessions of the peace [or oyer and terminer and general gaol delivery] in and for the said [county] of to be holden at in the said [county] of and then and there to [prosecute and] give evidence against A. B. for [felony], and unless you [he] then appear [appears and prosecute] and give evidence accordingly, the recognizance entered into by you will be forthwith levied on you. Dated this day of 18-. J. S., the Justice of the Peace for the aforesaid [county] of 46. Commitment of Witness for refusing to enter into the To the constable of, and to the keeper of the [house of Whereas A. B., who 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 to the witness], and it having (c) There should be added here, to show the justice's authority, the words as in the next form, No. 45. 11 & 12 Vict. c. 42, s. 20. Id. 11 & 12 Vict. been made to appear to [me] upon oath, that E. F., of c. 42. - 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, at —, or before 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], hath been now examined by [me] touching the premises, but being by [me] required to enter into a recognizance conditioned to give evidence against the said A. B. hath now refused so to do: 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], there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime such E. F. shall duly enter into such recognizance as aforesaid in the sum of pounds, before some one justice of the peace for the said [county], conditioned in the usual form to appear at the next court of [oyer and terminer or general gaol delivery, or general quarter sessions of the peace], to be holden in and for the [county] of and there to give evidence before the grand jury upon any bill of indictment which may then and there be preferred against the said A. B. for the offence aforesaid, and also to give evidence upon the trial of the said A. B. for the said offence, if a true bill should be found against him for the same. in the year Given under my hand and seal, this of our Lord day of at in the [county] aforesaid. 47. Subsequent Order to discharge the Witness (P. 2). To the keeper of the [house of correction] at, in the [county] of Whereas by [my] order, dated the day of [instant], reciting that A. B. was lately before then charged before [me] for a certain offence therein mentioned, and that E. F. having appeared before [me], and being examined as a witness for the prosecution in that behalf, refused to enter into a recognizance to give evidence against the said A. B., and [I] therefore thereby committed the said E. F. to your custody, and required you safely to keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter into such recognizance as aforesaid: And whereas, for want of sufficient evidence against the said A. B., the said A. B. has not been committed or holden to bail for the said offence, but, on the contrary thereof, has been since discharged, and it is therefore not necessary that the said E. F. should be detained longer in your custody: These are therefore to order and direct you, the said keeper, to discharge the said E. F. out of your custody as to the said commitment, and suffer him to go at large. Given under [my] hand and seal, this in the year of our Lord at in the [county] aforesaid. J. S. (L.S.) day of SECT. 7.-OF BAILING ACCUSED AFTER EXAMINATION. 48. Recognizance of Bail (S. 1). Be it remembered, that on the day of in the year of our Lord A. B., of —, [labourer], L. M., of [grocer], and N. O., of [butcher], personally came before [us] the undersigned, two 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 goods and chattels, lands and tenements respectively, to the use of your said lady the Queen, her heirs and successors, if he the said A. B. fail in the condition indorsed. Taken and acknowledged, the day and year first above mentioned, before us, at J. S. Condition.]-The condition of the within-written recognizance render himself into the custody of the keeper of the [com- 49. Notice of the said Recognizance to be given to the Accused and his Bail (S. 2). Take notice, that you, A. B., of are bound in the sum of and your [sureties L. M. and N. O.] in the sum of each, that you A. B. appear, &c. [as in the condition of the recognizance], and not depart the said court without leave; and unless you the said A. B. personally appear and plead, and take your trial accordingly, the recognizance entered into by you and your sureties shall be forthwith levied on you and them. Dated this day of 185-. J. S. (d). (d) There should be added here, to show the justice's authority: "The justice of the peace for the aforesaid [county] of zance was entered into." before whom the recogni 11 & 12 Vict. c. 42, s. 23. |