an assault, appear at or order not Whereas C. D. has this day found sufficient sureties beto arrest for fore me, E. F.* esquire, one of his majesty's justices of the Defendant peace for the said county, for his personal appearance at having found the next general Quarter Sessions of the peace, to be holden sureties to at the session-house, Clerkenwell, in and for the said counsessions. (t) ty, then and there to answer the complaint of A. B. for as[32] saulting and beating him. These are therefore, in his majesty's name, to charge and command you and every of you immediately, on sight hereof, not to arrest, imprison, molest, or any otherwise detain the body of the said C. D. for by reason or means of the fact above mentioned, and no other. And this shall be to you, each, and every of you, a sufficient warrant. Given under my hand and seal the 1st day of January, in the year of our Lord 1816. E. F. (L. S.) The like in another form. (u) [King's Arms.] Essex, (to wit.) E. F. one of his majesty's justices of the peace for the county of Essex aforesaid: To the sheriff, bailiff, constables, and others, the faithful (t) As to the law and practice, see ante 1 vol. 46, 7, and the forms referred to id. note c. Cro. C. C. 8th ed. 17. Burn, J. Surety for the peace V. Dalt. J. ch. 175, page 475, and ch. 193. p. 531. The supersedeas is good, though it does not name the sureties cr the sum, but it is said to be better to state both as in the next pre cedent. Dalt. J. ch. 175, page 475. (u) See the last precedent and notes. This form seems preferable to the first, and is usually adopted by magistrates, in the country. (w) In some precedents “surcease." at liberty, without further delay. Given at aforesaid, E. F. (L. S.) in the county aforesaid, under my hand and seal this 1st day of January, in the year of our Lord 1816. CHAPTER* III. [* 33] COMMITMENTS FOR FURTHER EXAMINATION. IN THE CEEDINGS. Public Office, Bow Street. To the keeper of the New Prison in Clerkenwell, or his deputy. COMMITMENT EXAMINA Middlesex, (to wit.) Receive into your custody the body FOR FURTHER of C. D. herewith sent you, brought before me, E. F. esq.TION. (a) one of his majesty's justices of the peace in and for the said county, [sometimes is here inserted" by G. H. constable of -"] and charged before me, the said justice, upon the oath of E. F. on suspicion of feloniously* stealing, taking, and [* 34] carrying away one gold seal, his property, against the peace, &c. him, therefore, safely keep in your said custody for further examination on Monday next, and until he shall be dis J. Commitment, VI. Toone, 103. (a) As to commitments for further examination, see ante 1 vol. 73, and 4. The above is the usual form adopted at the Police Office, Bow Street. See also Burn, J. Commitment, VII. Williams, J. Commitment, V. Dick. Crim. Law. E The like in charged by due course of law, and for so doing this shall be your sufficient warrant. Given under my hand and seal, this 1st day of January, 1816. E. F. (L. S.) Receive, &c. R. I. charged by R. D. on suspicion of having another form committed several felonies and highway robberies, he, the for six days said R. I. upon his being so charged, not making it appear to us, the said justices, that he hath a lawful way of getting his livelihood, and doth not procure some responsible housekeeper to appear to his character, or to give security for his appearance before us, the said justices, contrary to the statute, &c. Him, therefore, safely keep in your custody for the space of six days to be then brought up before us the said justices, at the rotation office in Litchfield Street, to be reexamined. Given, &c. of a person charged on suspicion of felony. Order to [Here the king's arms are printed.] Public Office, Bow Street. bring pison-First day of January, 1816. To the keeper of the New er up for ex Prison at Clerkenwell, or his deputy. amination. You are hereby required to bring C. D. a prisoner in your custody, to this Office, for examination before me. (b) SUMMONS AND OTHER AGAINST WITNESSES. E. F. Sitting Magistrate. Public Office, Bow Street, Covent Garden. Middlesex, and Westminster, to wit. Whereas complaint (or "information on oath") has been this day made before me, E. F. esquire, one of his majesty's justices of the peace from Police for the said county, city, and liberty, that a certain felony Office, Bow [Here state nature of offence to the effect in the information.] has lately been committed, touching which you can give material evidence. street, to a witness to attend to give evi. dence (c) [* 35 ] These are therefore, in his majesty's name, to will and require you, you, personally, to be and appear before me the said justice, at the office aforesaid, on Tuesday next, at twelve o'clock at noon, or before such other justice or justices of the peace, as shall be then and there sitting to give evidence in the premises, as the law directs. Given under my hand and seal, the day and year above-written. To G. H. of esquire. E. F. (L. S.) (b) This form is adopted where defendant has been committed for examination, or further examination, and the magistrate requires him to be brought up for such further examination. (c) As to the power of magistrates to summon witnesses, see ante 1 vol. 76. This is the usual form adopted at Bow Street. See another form, Williams, J. Evidence, Examination. Burn, J. Examination, D. Summons, Dick. J Examination, II. Dalt. J. ch. 174. If the inspection of a deed, letters, &c. should be material, it should seem that the witness may also be required by the summons to produce them.9 East. 473. Police Office, Union Hall, Southwark. esquire. The like from Police office, Uni Surrey, (to wit.) to G. H. of Whereas information hath been this day made before me, on ball. (d) one of his majesty's justices of the peace in and for the said County, by A. B. of gentleman, that you are a material evidence in his majesty's behalf, touching a certain felony [Here describe the felony as in last form.] committed by C. D. of - labourer. These are therefore in his majes ty's name, to will and require you, personally to be and appear before me, or such other of his majesty's justices of the peace for the said county, as shall be sitting at the Police Office aforesaid, on Tuesday next, at ten o'clock in the forenoon, then and there to testify the truth, and give evidence in his majesty's behalf, as the law directs. Given under my hand the 1st day of January, in the year of our Lord 1816. To the constable of the parish of Essex. E. F. (L. S.) in the county of The like in another form Essex. (to wit.) Whereas information hath been made before me, E. F. esquire, one of his majesty's justices of the peace in and for the said county, That [Here state the charge or offence as in the information, see precedents ante 33, 4.] and that G. H. of in the said county, yeoman, is a material and necessary witness to be examined concerning the same: these are therefore to require you to summon the said G. H. to appear before me at in the said county, on the 2nd day of January instant, at the hour of eleven o'clock in the forenoon of the same day, to testify the truth according to the best of his knowledge concerning the premises. And be you then there to certify what you shall have done in the execution hereof. Herein fail you not. Given under my hand and seal the 1st day of January, in the year of our Lord 1816. E. F. (L. S.) in the [36] Hertfordshire,* (to wit.). To the constable of said county of Hertford. The like int felony. (ƒ) Whereas oath hath been made before me, E. F. esquire, another form one of his majesty's justices of the peace in and for the said in case of yeoman, that he the said A. B. and that he hath good cause to is a material witness to prove county of A. B. of was lately robbed at believe that G. H. of by whom the said robbery was committed. These are there fore to require you to cause the said G. H. forthwith to come dent. (d) See notes to last prece- (f) This is the printed form usually adopted by magistrates in the country See also Burn. J. Examination, D. Summons. Williams, J. Examination, IV. Evidence. Toone, 138, 157, 409. Dick. J. Examination, II. Dalt. J. ch. 174. Dick. Sess. 80. (e) This is the modern printed form used by magistrates in the country. See another form next precedent, and the note ante $3,4. And as to the law. see ante 1 vol. 76. Warrant to bring wit. ness to give evidence who had re fused to at. tend in pur suance of sunimons. (8) before me, to give such information, and evidence, as he Public Office, Bow Street. To all constables, and other his majesty's officers of the peace for the said county, city, and liberty, whom these may concern: Middlesex, city and liberty of Westminster, (to wit.) These are in his majesty's name, to command you and every of you, upon sight hereof, to take and bring before me, or some other of his majesty's justices of the peace, for the said county, city, and liberty, the body of A. B. of whom you shall have notice, to answer all such matters and things, as on his majesty's behalf are on oath objected against him by G. H. for that he being a material witness to prove a certain felony, lately committed, and having been duly summoned to give evidence touching the same, hath neglected to appear in pursuance of the said summons, against the peace, &c. Hereof fail not at your peril. Given under my hand and seal this day of in the year of our Lord 1816. E. F. (L. S.) Warrant to Middlesex, and city, and liberty of Westminster, (to wit.) To all constables and other his majesty's officers of the peace for the said county, city, and liberty, whom these bring up a person rob. bed who has neglected to attend to give evi. dence according to summons. (h) may concern. These are in his majesty's name, to command you and every of you upon sight hereof, to take and bring before me, or some other of his majesty's justices of the peace of the said county, city, and liberty, the body of A. B. of whom you shall have notice to answer to all such matters and things as on his [* 37] majesty's behalf are on oath objected against her. It appearing to me, upon oath, that on the 2nd day of this instant July, she the said A. B. was robbed of two gowns, two coats, several aprons, and other wearing apparel, by one C. D. now in custody under my commitment, and that she is a material witness to prove the same. And it likewise appearing to me, upon oath, that she hath been duly summoned to appear before me to give evidence touching the said felony, and that she hath made default therein. Herein fail not at your peril. Given under my hand and seal this 8th day of July, in the year of our Lord 1785. T. G. (L. S.) (g) The power of a Justice to issue a warrant has been doubted. See Shuttleworth's manual, 8 and 9. But it is unquestionable, ante 1 vol. 76, 7. This and the three following precedents were fram ed and issued by very able and experienced magistrates. See also coroner's warrants post 38, 9. (h) See ante 34. note c. and 1 vol. 76, 7. |