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 the year of our Lord at- -,in the [county] aforesaid. J. S. [L. S.]

in

Costs of constable.] In case such accused party shall be taken before the justice last aforesaid by virtue of the said last-mentioned warrant, the constable or other person to whom the said warrant shall have been directed, and who shall have conveyed such accused party before such last-mentioned justice, shall be entitled to be paid his costs and expenses of conveying the said accused party before the said justice; and upon the said constable or other person producing the said accused party before such justice, and delivering him into the custody of such person as the said justice shall direct or name in that behalf, and upon the said constable delivering to the said justice the warrant, information (if any), depositions, and recognizances aforesaid, and proving by oath the handwriting of the justice who shall have subscribed the same, such justice to whom the said accused party is so produced shall thereupon forthwith ascertain the sum which ought to be paid to such constable or other person for conveying such accused party and taking him before such justice, as also his reasonable costs and expenses of returning, and thereupon such justice or justices shall make an order upon the treasurer of the county, riding, division, or liberty, city, borough, or place, or if such city, borough, or place shall be contributory to the county rate of any county, riding, division, or liberty, then upon the treasurer of such county, riding, division, or liberty respectively to which it is contributory, for payment to such constable or other person of the sum so ascertained to be payable to him in that behalf, and the said treasurer, upon such order being produced to him, shall pay the amount to the said constable or other person producing the same, or to any person who shall present the same to him for payment: provided always, that if such last-mentioned justice shall not think the evidence against such accused party sufficient to put him upon his trial,

and shall discharge him without holding him to bail, every such recognizance so taken by the said first-mentioned justice or justices as aforesaid shall be null and void. 11 & 12 Vict. c. 42, 8. 22.

The following is the form of the

Order for Payment of the Constable's Expenses.

To R. W. esquire, treasurer of the county of

Whereas W. T., constable of · in the county of 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 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 to, in the said county of - 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 and delivered him into the custody of- by [my] direction, to answer to the said charge, and further to be dealt with according to law; and whereas the said W. T. hath 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 [1] 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 to the said county of and taking him before [me], is the sum of

2 and that the reasonable expenses of the said W. T. in returning will amount to the further sum of making together the sum of -:these are therefore to order you as such treasurer of the said county of, to pay unto the said W. T. the said sum of - -, according to the form of the statute in such case made and provided, for which payment this order shall be your sufficient voucher and authority.

Given under my hand, this

day of ——, 185—.

S. P.

How, where the arrest is under a backed warrant.] Where the accused is arrested upon a backed warrant, the constable, if he be not then prepared with any evidence against him, will take him before the justice who first issued the warrant, to be dealt with as above or herein-before is mentioned. But if at the time of the arrest, the prosecutor, or any of the witnesses upon the part of the prosecution, shall then be in the county or place, where such person shall have been apprehended, the

constable or other person who shall have so apprehended such person may, if so directed by the justice backing such warrant, take and convey him before the justice who shall have so backed the said warrant, or before some other justice or justices of the same county or place; and the said justice or justices may thereupon take the examinations of such prosecutor or witnesses, and proceed in every respect in manner above directed with respect to persons charged before a justice or justices of the peace with an offence alleged to have been, committed in another county or place than that in which such persons have been apprehended. 11 & 12 Vict. c. 42, 8.11.

3. Bail.

In treason.] No justice or justices of the peace shall admit any person to bail for treason, nor shall such person be admitted to bail, except by order of one of Her Majesty's secretaries of state, or by Her Majesty's court of Queen's Bench at Westminster, or a judge thereof in vacation. 11 & 12 Vict. c. 42, s. 28.

In felony and certain misdemeanors.] Where any person shall appear or be brought before a justice of the peace, charged with a felony or with an assault with intent to commit a felony, or with an attempt to commit a felony, or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving property stolen or obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot, or with assault in pursuance of a conspiracy to raise wages, or assault upon a peace officer in the execution of his duty, or upon any person acting in his aid, or with neglect or breach of duty as a peace officer, or with any misdemeanor for the prosecution of which the costs may be allowed out of the county rate, such justice of the peace may, in his discretion, admit such person to bail, upon his procuring and producing such surety or sureties as in the opinion of such justice will be sufficient to ensure the appearance of such accused person at the time and place when and where he is to be tried for such offence; and thereupon such justice shall take the recognizance of the said accused person and his surety or sureties, conditioned for the appearance of such accused person at the time and place of trial, and that he will then surrender and take his trial, and not depart the court without leave. 11 & 12 Vict. c. 42, 8. 23.

The following is the form of the

Recognizance of Bail.

Be it remembered, that on the year of our Lord

in the

day of 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 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.

Taken and acknowledged, the day and year first above mentioned, at before us.

J. S.

J. N.

Condition.

The condition of the within-written recognizance is such, that whereas the said A. B. was this day charged before [us], the justices within mentioned, for that [&c., as in the warrant]; if therefore the said A. B. will appear at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace], to be holden in and for the county of- and there surrender himself into the custody of the keeper of the [common gaol] there, and plead to such indictment as may be found against him by the grand jury, for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said court without leave, then the said recognizance to be void, or else to stand in full force and virtue.

Notice of the said Recognizance to be given to the Accused and his Bail.

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.

How, after commitment.] In all cases where a person charged with any indictable offence shall be committed to prison to take his trial for the same, it shall be lawful, at any time afterwards, and before the first day of the sitting or session at which he is to be tried, or before the day to which such sitting or session may be adjourned, for the justice or justices of the peace who shall have signed the warrant for his commitment, in his or their discretion, to admit such accused person to bail in manner aforesaid; or if such committing justice or justices shall be of opinion that for any of the offences hereinbefore mentioned the said accused person ought to be admitted to bail, he or they shall in such cases, and in all other cases of misdemeanors, certify on the back of the warrant of commitment his or their consent to such accused party being bailed, stating also the amount of bail which ought to be required, it shall be lawful for any justice of the peace, attending or being at the gaol or prison where such accused party shall be in custody, on production of such certificate, to admit such accused person to bail in manner aforesaid ;--or if it shall be inconvenient for the surety or sureties in such a case to attend at such gaol or prison to join with such accused person in the recognizance of bail, then such committing justice or justices may make a duplicate of such certificate as aforesaid, and upon the same being produced to any justice of the peace for the same county, riding, division, liberty, city, borough, or place, it shall be lawful for such last-mentioned justice to take the recognizance of the surety or sureties in conformity with such certificate, and upon such recognizance being transmitted to the keeper of such gaol or prison, and produced, together with the certificate on the warrant of commitment as aforesaid to any justice of the peace attending or being at such gaol or prison, it shall be lawful for such last-mentioned justice thereupon to take the recognizance of such accused party, and to order him to be discharged out of custody as to that commitment, as herein-after mentioned. 11 & 12 Vict. c. 42, s. 23.

And in all cases where such accused person in custody shall be admitted to bail by a justice of the peace other than the committing justice or justices as aforesaid, such justice of the peace so admitting him to bail shall forthwith transmit the recognizance or recognizances of bail to the committing justice or justices, or one of them, to be by him or them transmitted, with the examinations, to the proper officer. 11 & 12 Vict. c. 42, s. 23.

The following is the form of the

Certificate of Consent above mentioned.

I hereby certify, that I consent to the within-named A. B.