of N. then and there sworn and charged to enquire for our coroner's insaid lord the king for the body of the said county. It is quest and re. cognizance. presented that the three several bills of indictment to this () schedule annexed are true bills, and each of them is a Caption of true bill. indictment. r Before sir H. G. knight, one of the justices, &c. &c. and Caption of others their fellows, justices of our said lord the king, as- inquisition. signed to deliver the gaol of our said lord the king of his said county, of the prisoners therein being, came A. B. gent. one of the coroners of our said lord the king of and within the said county, and by his proper hands delivered here in court to the said justices, a certain inquisition lately taken before him on view of the body of D. D. then and there lying dead, of and concerning the death of the said D. D. in court of record in form of law to be determined; and the said coroner, at the same time, also certified to the said justices in writing, the evidence given to the jury before him on the taking the said inquisition, and the recognizances entered into by the witnessses, according to the form of the statute in that case made, which said inquisition, and evidence, and recogni zances, are to this schedule annnexed. recogni. zance. Before sir H. G. knight, one, &c. [the commission verbatim,] Caption of to hear and determine. The recognizance to this schedule annexed, was duly entered into and acknowledged by [* 259] Morris Lineham, and his pledges Wm. Smith and John Robinson, before the court and justices above named. Blencowe. Indorse the writ of certiorari thus: By virtue of the within writ to me and others directed, I send to our sovereign lord the king the indictment and inquisition within mentioned, with all things touching the same, in certain schedules hereunto annexed, as I am within commanded. The answer of Sir H. G. knight, one of the justices, &c. and one of the justices within named. Indorsement; Warwickshire. Be it remembered that, at the general ses- Another sions of oyer and terminer of our lord the king, holden at form. (y) Warwick, in and for the county of Warwick, on Saturday, the 4th day of August, in the 27th year of the reign of the lord George the third, now king of Great Britain, &c. before sir W. H. A. knight, one of the justices of the said lord the king aforesaid, to hold pleas before the king himself, sir B. H. knight, one of the barons of the said lord the king of his court of exchequer, G. Hill, one of the serjeants at law of the said lord the king, Harley Vaughan, serjeant at law, and others their fellows, justices of the said lord the king, as (a) Ante 1 vol. 394. This (g) Ante 1 vol. 394. This form is from Mr. Nicholl's MS. form is from Mr. Nicholl's MS. VOL. IV. Crim Law. I i signed by letters patent of the said lord the king, under his great seal of Great Britain, to them the said justices, and any two or more of them, made (of whom the said lord the king willed the said sir W. H. A., S. B. H. G. knight, and H. V. should be one) to inquire more fully the truth, by the oath of good and lawful men of the county aforesaid, by whom the truth of the matter might be better known and inquired into, and by other ways, means, and methods, whereby they would or might the better know, (as well within liberties as without,) of all treasons, misprisions of treasons, insurrections, rebellions, counterfeitings, clippings, washings, false coinings, and other falsities of the monies of Great Britain, and other kingdoms or dominions whatsoever, and of all murders, felonies, manslaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, unlawful assemblies, misprisions, confederacies, false allegations, trespasses, riots, routs, retentions, escapes, contempts, falsities, negligencies, concealments, maintenances, oppressions, champarties, deceits, and all other evil doings, offences, and injuries whatsoever, and also [ * 260] of the accessaries of them, within the county aforesaid, (as well within liberties as without,) by whomsoever and in what manner soever done, committed, or perpetrated, and by whom or to whom, when, how, and in what manner; and ot all other articles and circumstances concerning the premises, and every of them, or any of them, in any manner whatsoever; and the said treasons, and other the premises, according to the laws and customs of England for this time to hear and determine, by the oath of sir G. Shuckburgh, &c. good and lawful men of the county aforesaid, then and there sworn and charged to inquire for the said lord the king, and the body of the county aforesaid, it is presented that the bill of indictment hereunto annexed is a true bill. Blencowe. By virtue of the within writ, to me and others directed, I send to our sovereign lord the king the indictment within mentioned, with all things touching and concerning the same, in certain schedules hereunto annexed, as I am within commanded. B. H. (L. S. The answer of sir B. R. knight, one of the justices of oyer and terminer in and for the county of Warwick, within named. West Riding of Yorkshire, (to wit.) Be it remembered that, at the general quarter sessions of the peace of our sovereign lord George the third, now king of Great Britain, and so forth, held at B. in and for the riding aforesaid, on Thursday, the 10th day of October, in the thirty-second year (z) See forms, Hand's Prac. 1 vol. 383, &c. 354.8 T. R. 381, 409, n. a. Ante of the reign of our sovereign lord George the third, now king of Great Britain, and so forth, and in the year of our Lord 1791, before R. W. esq. sir W. M., S. R., W. W. baronet, E. S., H. W. junior, I. H., T. M., A. M., I. W., junior, P. M. esq. T. M. and H. Z. clerks, justices of our said lord the king, assigned to keep the peace of our said lord the king in and for the said riding, and also to hear and determine divers felonies, trespasses, and other misdemeanours, committed within the riding aforesaid, S. H. late of H. in the west riding of the county of York aforesaid, spinster, L. M. of the parish of B. in the county of B. yeoman, and N. O. of the parish of R. in the said county of Y. husbandman, come in their own proper persons before us, the justices aforesaid, and in open court severally acknowledge themselves to owe and stand indebted to our sovereign lord the now king in the several sums following, that is to say, the said S. H. in the sum of one hundred pounds* (a), of [* 261] lawful money of Great Britain, and the said L. M. and N. O. in the sum of fifty pounds each, of like lawful money, on condition that if the above bounden S. H. shall appear in his majesty's court of king's bench, at Westminster, in the county of M. on the first day of next Michaelmas term, and shall plead to all and singular indictments against her for certain trespasses, contempts, and nuisances, whereof she stands indicted, and at her own proper costs and charges shall cause and procure the issue or issues that shall be joined thereon to be tried in the same term, or at the next assizes to be holden at the county of Y. if the said court shall not appoint any other time for the trial thereof, or if any other time shall be appointed by the said court for such trial, then at such other time, and shall give due notice of such trial to the prosecutor of such indictment, or indictments, or to his clerk in court, and shall appear from day to day in the said court, and shall not depart therefrom until discharged by the said court, then this recognizance to be void, or else to remain in full force. Taken in court the day and year above mentioned. W. B. clerk of the peace for the said riding. Liberty of Ripon, in the county of York, (to wit.) Be it Another remembered that, at the general quarter session of the peace form. (b) of our sovereign lord George the third, now king of Great Britain, and so forth, held at Ripon aforesaid, in and for the said liberty, as well for our said lord the king as for his grace Robert, by Divine Providence, lord archbishop of York, primate of England, and metropolitan, on Friday, the (a) Quære if the sum ought not to be more than 20l. ante 1 vol. 383, 385, 462. Hawk. b. 2. c. 27. s. 50. Com. Dig. Certiorari. B. Williams, J. Certiorari VI. (b) See forms, Cro. Cir. Assist. 30. Williams, J. Certiorari, VI first week after the feast of Saint Michael, to wit, the 6th day of October, in the fifteenth year of the reign of our sovereign lord George the third, now king of Great Britain, and so forth, and in the year of our Lord one thousand seven hundred and seventy-five, before T. W. esquire, mayor of Ripon aforesaid, F. W. doctor in divinity, dean of the collegiate church of Ripon aforesaid, A. D. and J. L. esquires, justices of our said lord the king, assigned to keep the peace of our said lord the king, in and for the said liberty of Ripon, and also to hear and determine divers felonies, trespasses, and other misdemeanours within the said liberty committed, W. S. late of the parish of B. in the said county of York, esquire, W. B. late of the township of S. in the county of Lancaster, gentleman, and W. P. late of the same place, merchant, come in their own proper persons be[262] fore us, the justices aforesaid, and in open court, severally acknowledged themselves to owe and stand indebted to our sovereign lord the now king in the several sums following, that is to say, the said W. S. in the sum of 100l. (c) of lawful money of Great Britain, and the said W. B. and W. P. in the sum of 50l. each, of like lawful money, on condition that, if the above bounden W. S. shall appear in his majesty's court of king's bench, at Westminster, in the county of Middlesex, on the first day of next Michaelmas term, and shall plead to all and singular indictments against him for certain nuisances, trespasses, offences, and misdemeanours, whereof he stands indicted, and at his own proper costs and charges shall cause and procure the issue or issues that shall be joined thereon to be tried in the same term, or at the next assizes to be holden for the said county of York, if the said court shall not appoint any other time for the trial thereof, or if any other time shall be appointed by the said court for such trial, then at such other time, and shall give due notice of such trial to the prosecutor of such indictment or indictments, or to his clerk in court, and shall appear from day to day in the said court, and shall not depart therefrom until discharged by the said court, then this recognizance to be void, or else to remain in full force. Notice of bail after re moval of indictment into K. B. (d) By the court. Taken in court the day and year aforesaid. In the king's bench. Sir, A. B. on the prosecution of G. H. Take notice, that the above-named defendant will put in (c) Quære as to the sum, ante 261, n. a. (d) See form, Hand's prac. 380. and ante 1 vol. 397. bail in this cause before the honourable Mr. Justice Le Blanc, at his chambers in Serjeant's inn, Chancery lane, to-morrow, at eleven o'clock in the forenoon, for his appearance in this honourable court in next Michaelmas term, then and there to answer and plead to the indictment you preferred against him at the last general quarter session of the peace of the county of M. and which you have since removed into this honourable court; the names of the bail are C. D. of, &c. gentleman, and E. F. of, &c. merchant. Dated this first day of September, 1802. Your's, &c. W. H. solicitor for the above-named defendant. To Mr. G. H. solicitor for the prosecution. [* 263] The King Unless the defendant shall put in better bail Rule for betagainst within four days next after notice of this rule to A.B. him or his attorney given, let a procedendo issue. Ellenborough. ter bail. indictment By consent of the defendant in these causes now present Rule for in court, of Mr. Serjeant Glynn, Mr. Recorder of London, quashing an Mr. Stow, and Mr. Dunning, counsel for the prosecutors of removed by the two indictments, it is ordered that the first indictment be certiorari on quashed, and that the second indictment shall be substituted terms. (e) and put in the place of the first, and stand in the same condition, to all intents and purposes whatsoever; and the said counsel for the prosecutors being called upon to name the prosecutor or prosecutors of the said indictments, declared that they were authorized by Mr. James Phillips, the attorney concerned in carrying on these prosecutions, to say that John Wilks, late of Great George street, Westminster, esq. is the prosecutor of the said two indictments. By consent of Mr. Serjeant Glynn for the prosecutor. (e) Ante 1 vol. 299. See form 3 Burr. 1469. |