to my said inquest; and the said E. F. having by me been requested and desired to sign and set his hand to his said testimony and information, and to acknowledge the same, as by law is required, yet notwithstanding the said E. F. hath wilfully and absolutely refused, and still doth wilfully and absolutely refuse so to do, in open defiance of law, and to the great hindrance of the public justice. These are, therefore, by virtue of my office, in his majesty's name, to charge and command you, or one of you the said constables and headboroughs, and others his majesty's officers of the peace, in and for the said county of Essex, forthwith to convey the body of the said E. F. to the gaol of Chelmsford in the said county, and safely to deliver the same to the keeper of the said prison there; and these are likewise, by virtue of my said office, in his majesty's name, to will and require you the said keeper to receive the body of the said E. F. into your custody, and him safely to keep in prison, until he shall duly sign and acknowledge his said information, or shall be from thence otherwise discharged by due course of law. And for your so doing, this is your warrant. Given under my hand and seal, this first day of January, in the year of our Lord one thousand eight hundred and sixteen. E. F. (L. S.) of EXAMINA TION OF PRO. or evidence Middlesex, (to wit.) The information of G. H. in the said county, yeoman, taken upon oath before me, SECUTOR OR E. F. esquire, one of his majesty's justices of the peace for WITNESSES. the said county, at in the said county, on the 2nd day Information of January, in the year of* our Lord 1816, in the presence of prosecu and hearing of C. D. charged before me by A. B. of tor or wityeoman, with, &c. [state offence as in information and war- ness on exarant] which said G. H. on his oath aforesaid before me the mination. said justice, in the presence and hearing of the said C. D. 40] saith that, &c. [here state the evidence fully.] G. H. (Signature of prosecutor or witness.) Taken before me the day and year above mentioned, E. F. (Signature of the justice.) (k) * Middlesex, (to wit.) The examination of C. D. of the EXAMINA paris ofin the said county, labourer, taken before TION OF PRT (k) See directions as to the form and mode of taking the examination of prosecutor and witnesses, ante 1 vol. 77. to 83. Dick. J. Examination, I. and II, See form Burn, J. Examination, SONER. ner for bur. Examina- me, (1) one of his majesty's justices of the peace in and for tion of priso-the said county, (liberty or division,) on the 2nd day of Jaglary. (k) nuary, in the year of our Lord one thousand eight hundred and sixteen, the said C. D. being charged before me by A. B. of Isleworth, in the said county, yeoman, with the felonious and burglarious breaking open in the night of the 31st day of December now last past, the dwelling-house of him the said A. B. at Isleworth aforesaid, in the county aforesaid, and stealing from thence one silver tankard of the value of twenty pounds, of the goods and chattels of him the said A. B. he the said C. D. upon his examination now taken before me, (m) saith, that [here set forth the substance of the prisoner's statement. If he confesses or denies, say "Who confesseth or denieth."] C. D. (Signature of prisoner.) Taken before me the day and year above mentioned, another signs exam. E. F. The like in [Same as the above precedent, until the words "Taken, &c."] Taken before me, the justice aforesaid, on the day and form, where year above mentioned, having been first perused by the said prisoner C. D. ("or having been first carefully read over to the said ination. () C. D.") before he subscribed the same. The like for [Commencement as ante 40.] being charged by me A. B. larceny.() of Isleworth, in the said county, yeoman, with the felonious [* 41] stealing on the 31st day of December in the year of our Lord one Examination E. F. thousand eight hundred and fifteen, at Isleworth, aforesaid, in the said county, one silver tankard, of the value of twenty pounds, of the goods and chattels of him the said A. B.; he the said C. D. upon his examination now taken before me saith, that, &c. [set forth substance of prisoner's statement, and conclude as ante 40.] 20th January, 1740. and confes City and county of the city of Bristol, (to wit.) The examision of prination of Charles White, a sailor belonging to the Ruby soner, on charge of (k) As to the examination of the prisoner and subsequent proceedings, see ante 1 vol. 83 to 88. This is the usual printed form. See other forms, Burn. J. Examination, A. Dick. J. Examination, III. Williams, J. Examination. Toone, 140. (1) If the offence is bailable and the party is admitted to bail, it must be "before us - and two of his majesty's justices of the peace, in and for the said county, one of us being of the quorum." Williams, J.Examination, I. note*. (m) The examination must not be taken upon oath, see ante 1 vol. 86. (n) If the prisoner on being asked whether he will subscribe the examination with his name or mark, should consent so to do, especially if it amount to a confession of the crime wherewith he is charged, such examination should have the above words added immediately before the sig nature of the justice. Dick. J. Examinations, III. The signature however of the prisoner is not absolutely necessary. Ante, 1 vol 87. (0) This is the usual printed form. See note (k) ante 40. ken before mayor of man of war, now lying in this port, born in Drogheda, in murder, ta Ireland, aged about thirty-six years. The examinant voluntarily confesseth and saith, that he Bristol. (p) hath been a sailor on board the said ship, for about seventeen months last past, &c. [state the matter of the confession, introducing any distinct sentence with the words "and further this examinant saith that, &c." and conclude as follows,] and lastly, this examinant saith, that between four and five of the clock, the same morning, the man of war's yawl was going to this city, and he and M landed at the gibb here. (Signed) C. W. A. B. of be indebted to . E. F. of . G. H. of PROSECUTE, Middlesex, (to wit.) in the said county, RECOGNI. acknowledges himself to our sovereign lord the ZANCE TO king, in the sum of -. in the said county, &c. acknowledges, &c. in the said county, Recogniacknowledges, &c. in the said county, zances by acknowledges, &c. l. Upon condition, that they do person-one to proseally appear at the next general (or next general quarter) others to cute, and by sessions of the peace, to be held for the said county, at the give evisessions house on Clerkenwell green; then and there the said dence, at A. B. to prosecute the law with effect, and the others to give Sessions evidence in his majesty's behalf against I. K. for feloniously enwell. (9) stealing, taking, and carrying away one pewter pot of the value of ten pence, of the goods and chattels of the said A. B. against the peace, &c. And if the bill be found a true bill, and returned so by the grand jury, that then they do also appear in court then and there to prosecute, and give evidence upon that indictment, and do not depart the court without leave. Then* this recognizance to be void, or else [* 42] to remain in full force. Taken and acknowledged the day of A. D. L.M. house, Clerk Recogni. Middlesex, (to wit.) Be it remembered, that on the -- zance, one to day of in the year one thousand eight hundred and prosecute, at the public office, Bow street, in the parish of St. and others to Paul, Covent Garden, in the county of Middlesex, A. B. of give evi in the said county, C. D. of in the same county, Bailey. (9) and E. F. of in the said county, severally come before me G. H. esquire, one of his majesty's justices of the peace, in and for the said county of Middlesex, and acknow (p) 6 St. Tr. 831. (q) As to recognizance, ante 1. vol. 89 to 91. This is the form adopted at the Police Office, Bow Street, and generally. See Burn, J. Examination, C. Indictment, XII. Dick. J. RecogniCrim. Law. zance. Williams, J. Examina- (q) As to the recognizance, dence at Old The like to prosecute dence at assizes. ledge themselves to owe to our sovereign lord the king, the sum of forty pounds each. Upon condition that they severally appear at the next general (or general quarter) session of the peace, and session of oyer and terminer, to be holden in and for the county of Middlesex, and the said A. B. then and there prefer a bill of indictment, and prosecute the law with effect and the said other persons then and there give evidence in his majesty's behalf against I. K. for feloniously stealing, taking, and carrying away one coat of the value of twenty shillings, of the goods and chattels of the said A. B. against the peace, &c.; and if the said bill of indictment should be found a true bill, then that they severally appear at the next general session of the delivery of the gaol of Newgate, to be holden for the said county, at Justice hall, in the Old Bailey; and then and there prosecute and give evidence on the trial of the said indictment, and not depart the court without leave; then this recognizance to be void, otherwise to remain in full force and virtue. Taken and acknowledged the day and year first above written, before me, G. H. Middlesex, (to wit.) A. B. of, &c. acknowledges himself to be indebted to our sovereign lord the king, in the sum of and give evil. C. D. of, &c. acknowledges, &c. -. E. F. of, &c. acknowledges, &c. l. I. K. of, &c. acknowledges, &c. —l. L. M. of, &c. acknowledges, &c.-I. N. O. of, &c. acknowledges, &c. . [fill up according to number of persons bound; see ante 1 vol. 90, note y.] upon condition that they do personally appear at the next general assize to be held for the county of Essex, then and there the said A. B. to prosecute the law with effect, and the others to give evidence in his majesty's behalf against X. Y. for feloniously stealing, taking, and carrying away one pewter pot of the value of ten pence, of the goods and chattels of the said A. B. against the peace, [* 43] &c. And if the bill be found a true bill, and returned so by the grand jury, that then they do also appear in court, then and there to prosecute and give evidence upon that indictment, and do not depart the court without leave. Then this recognizance to be void, or else to remain in force. To prose. cute and give evi. dence at a misde. meanour. Taken and acknowledged the first day of January, one thousand eight hundred and sixteen. L. M. [Here the king's arms are printed.] Essex, (to wit.) Be it remembered, that on the second day of January, in the year of our Lord one thousand eight sessions for hundred and sixteen, A. B. of, &c. personally came before me, one of his majesty's justices of the peace for the said county of Essex, one and acknowledged himself to be indebted to our sovereign lord the king, in the sum of −1, of good and lawful money of the united (") in the said (r) This is a printed form to be had at stationers, kingdom of Great Britain and Ireland, current in England, upon condition, that if the above bound A. B. shall personally appear at the next general quarter sessions of the peace, to be holden in and for the said county, and then and there prefer a bill of indictment against C. D. late of in the said county, labourer, for [state offence] and shall then and there give evidence concerning the same, to the jurors who shall enquire thereof on the part of our lord the king, and not depart without leave of the court, then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged before me the same day and year aforesaid. E. F. dence for [Here the king's arms are printed.] To prose. Essex, (to wit.) Be it remembered, that on the second cute and day of January, in the year of our Lord one thousand eight give evihundred and sixteen, A. B. of, &c. personally came before felony at me one of his majesty's justices of the peace for the said sessions. (9) county, and acknowledged himself to be indebted to our sovereign lord the king in the sum of -1. of good and lawful money of the united kingdom of Great Britain and Ireland, current in England, upon condition that if the above bound A. B. shall personally appear at the next general quarter sessions of the peace, to be holden in and for the said county, and then and there prefer a bill of indictment against C. D. late of in the said county, labourer, for the feloniously taking, and carrying away one silver tankard, of the goods and chattels of the said A. B. of the value of twenty pounds, and shall then and there give evidence concerning the same, to the jurors, who shall inquire thereof on the part of our said lord the king: and in case the same be found a true bill, then if the said A. B. shall personally* ap- [* 44] pear before the jurors, who shall pass upon the trial of the said C. D. and give evidence upon the said indictment, and not depart without leave of the court: then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged before me the same day and year aforesaid. E. F. of Essex, (to wit.) Be it remembered, that on the second Another day of March, in the fifty-sixth year of the reign, &c. A. B. form of reyeoman, came before me, E. F. esquire, one of cognizance the justices of our said lord the king, assigned to keep the to prosecute and give peace in and for the said county, and acknowledged him- evidence for self to owe to our said lord the king, the sum of. of horse steal. good and lawful money of Great Britain, to be made and levi- ing, &c.(t)) ed of his goods and chattels, lands, and tenements, to the use of our said lord the king, his heirs and successors; if he the said A. B. shall fail in this condition under [or if it be indorsed" within,"] written. (s) This is a printed form to be had at stationers. (t) See forms Dalton, J. c. 176. Williams, J. Examination, III. |