CHAP. V.

THE FORMS APPLICABLE ARE IN SECOND AND THIRD VOLUMES.

CHAP. VI.

OF THE GRAND JURY AND INCIDENT PROCEEDINGS.

Oyer and terminer, precept to sheriff to summon jury, 171

sheriff's return thereto, 172

gaol delivery, precept for judges appointed for Lincoln cir-

cuit, 172

return to same, 174

gaol delivery, precept for borough of Leicester, 174

precept to summon jury at sessions, 175

precept in Middlesex from justices to sheriff to summon ge-

neral sessions, 176

sheriff's warrant to summon the assizes, 176

sheriff's warrant to summon jury, 177

the like when persons are to be called on recognizances, 178

returns at assizes of names of justices, &c. 179

return of grand jury, 179

return of common jury, 179

return of calendar of prisoners, 179

panel of jurors of nisi prius, 179

sheriff's return to precept, 180

sheriff's duty at sessions, 180

record of fine upon sheriff for non-appearance, 181

extract of fine, 181

proclamation at opening of court at assizes, 182

the like at sessions, 182

crier's demand of sheriff's return, 182

clerk of assize's call of nomina ministrorum, 182

crier's call of grand jury, 182

oath of foreman of grand jury, 183

oath of other jurymen, 183

proclamation for silence whilst reading proclamation against

the like before charge to grand jury, 183 [profaneness, 183

proclamation for justices and coroners to deliver inquisitions,

&c. 183

[184

proclamation for persons under recognizance to appear, &c.

call of particular prosecutor to appear, &c. 184

calling persons out upon bail at assizes, 184

calling of bail to bring forth their principals at assizes, 184

subpœna to witness at assizes, 184

subpæna ticket at assizes, 184

subpœna duces tecum, 185

subpœna at sessions, 185

subpœna ticket in like case, 185

oath of witness at assizes, 186

OF THE GRAND JURY AND INCIDENT PROCEEDINGS.

habeas corpus ad testificandum, 186

motion to take affidavit off file in Chancery, to be sent to

swearing bailiff to attend grand jury, 186 [grand jury, 186

indorsement of finding a true bill, 186

indorsement bill not found, 186

jury's return, &c. at assizes, 186

consent to alteration of matters of form, 186

proclamation before discharge of innocent prisoners, 187

adjournment of court, 187

proclamation on re-opening court pursuant to adjournment,

record of bill thrown out, 187

[187

record of indictment for felony preferred at sessions, return

not found, 188

CHAP. VII.

OF CAPTIONS OF INDICTMENTS.

caption of indictment at sessions of peace at Clerkenwell, 189

the like at session of oyer and terminer, at Clerkenwell,

the like at quarter sessions for Devon, 190 [Middlesex, 190

the like for Carlisle, 191

the like for West Riding of Yorkshire, 191

the like at Surrey assizes, 192

the like on special commission for trial of Hardy, Tooke, &c.

the like in K. B. at Westminster, 194

[193

the like at adjourned sessions of presentment, by justice, 194

the like of information at Clerkenwell sessions, 195

the like of presentment, by commissioners of sewers, 195

rule to amend return to certiorari and caption, 196

another rule to shew cause, nearly similar, 196

rule absolute for amending caption, 197

CHAP. VIII.

OF PROCESS AFTER INDICTMENT FOUND.

PROCESS AND WARRANTS, &C.

capias at assizes, 198

bench warrant from Clerkenwell sessions, 198

certificate of indictment at Clerkenwell sessions for assault,

199

PROCESS AND WARRANTS, &c.

certificate of indictment found for keeping a disorderly house,

warrant at Bow-street on such certificate, 200

the like at Union hall, 200

[199

Bow street warrant on indictment for felony at gaol delivery,

Newgate, 200

judge's warrant upon indictment for assault certified by clerks

of peace, 201

chief justice's warrant on certificate of indictment found for

warrant of judge of K. B. 202

warrant after indictment for assault, 203

[conspiracy, 202

judge's warrant on indictment for perjury at sessions-house,

Middlesex, 203

another warrant by lord chief justice on same occasion, 204

judge's warrant on certificate of clerk of crown office of in-

dictment for selling obscene libels, 204

SUPERSEDEAS.

supersedeas of warrant on indictment for assault, 205

another form, 206

NOTICES OF BAIL, RECOGNIZANCE, &C.

notice of bail to indictment for assault, 206

the like at Marlborough street, on indictment for keeping a

disorderly house, 207

notice of bail at Mr. J. Buller's chambers, 207

notice of bail before a magistrate in country, 207

notice of bail before lord Ellenborough, or some other judge

of K. B. 208.

recognizances of bail for defendant's appearance in K. B. 208

COMMITMENTS AND DETAINERS, &c.

commitment by justice of party apprehended, 208

the like on indictment for sending a threatening letter, 209

the like for want of bail, 209

the like for burglary on indictment at Old Bailey, 210

on certificate of defendant's non-appearance, 210

after indictment found for assault, 210

detainer after indictment for receiving stolen goods, 210

motion for bringing up defendant, and charging him with in-

rule to bring defendant into court, 211

dictment, 211

commitment by K. B. for trial, upon plea of "not guilty,"

for want of bail, 211

venire ad respondendum from oyer and terminer sessions, to

answer indictment for assault, 212

the like at the sessions to answer articles of peace, 212

distringas from justices of oyer and terminer, 212

the like against inhabitants of parish on indictment for nui-

distringas at sessions, 213

[sance, 213

capias from oyer and terininer and gaol delivery, on indict-

entry of award of venire, 213

entry of award of distringas, 213

capias from sessions, 214

[ment for felony, 212

capias cum proclamatione in order to outlaw, 214

exigent at assizes, 215

another form at sessions, 215

COMMITMENTS AND DETAINERS, &c.

writ of proclamation at session, 215

sudersedeas of exigent, 216

Returns, &c.

return to capias, 216

return of " cepi corpus" to capias, 217

return to alias capias, 217

return to pluries capias, 217

return to exigent of five exactions, and coroner's judgment of

outlawry, 217

[218

return to exigent of five exactions, and judgment of outlawry,

return to exigent of two exactions by former sheriff and one

by present, 218

return of one proclamation by former sheriff, who delivered

over writ to present with such return, 219

return to allocatur exigent of 4th and 5th exactions, and judg-

ment of outlawry, 220

[221

return to allocatur proclamation of 2d and 3d proclamation

at sessions, and after service at church door, 220

another return to writ of proclamation of three proclamations,

record of outlawry at assizes, after two writs of exigent and

capias utlagatum, 231

[writs of proclamation, 222

judge's warrant for outlaw, 232

rule for committing defendant to marshalsea, and allowing

writ of error, 232

rule for marshal to bring up defendant to assign errors, 232

writ of error on judgment of outlawry, 233

assignment of error, 233

assignment of errors in an outlawry, no proclamation made,

the like of other errors, 236

[234

assignments of errors by heir, an infant, and award of sci. fa.

to tertenants, 237

record of reversal of outlawry of indictment at sessions, 240

CHAP. IX.

OF PROCEEDINGS BY CERTIORARI, &c.

notice to justice of intention to move for certiorari, 244

the like in another form, 245

affidavit in support of application by defendant for certiorari,

to remove indictment from sessions, 246

affidavit of circumstances in support of defendant's applica-

tion for certiorari, 247

certiorari to justices of peace to remove indictment at in-

return thereto, 247

[stance of prosecutor, 247

certiorari to remove indictment from sessions into K. B. and

return, 248

OF PROCEEDINGS BY CERTIORARI.

to remove indictment from sessions for West Riding of Y. no

application of defendant, 249

to two justices of peace to remove conviction into B. R. 251

to justices of assize to remove indictment at instance of pro-

secutor, 251

to justices of gaol delivery for Wilts to remove indictment

into K. B. 253

to bring up record of conviction of murder, 253

to remove indictment from K. B. to Chancery, 255

special subpoena to justices of the peace for the liberty of St.

P. to remove all indictments into K. B. 256

certiorari from Exchequer to justices of assize, &c. to certify

fine imposed by them on sheriff for not doing duty at assi-

zes, 256

return of one justice to certiorari, 257

the like from the sessions into K. B. 257

return to certiorari by justices of oyer and terminer, 258

recognizance to appear to indictment in K. B. and plead, 260

another form, 261

notice of bail after removal of indictment into K. B. 262

rule for quashing indictment removed by certiorari on terms,

263

CHAP. X.

OF ARRAIGNMENTS AND INCIDENTS.

rule on treason for delivering list of jury, &c. to prisoner, 264

petition for a king's counsel, 265

petition for king's serjeant, 265

[for libel in K. B., 266

petition to Prince Regent for counsel on trial of information

the like on trial of indictment for libel removed into K. B. 266

mode of assignment of counsel, 267

entry of appearance and plea of not guilty to indictment for

misdemeanour, 267

notice of pleading guilty to an indictment, 267

proclamation for silence on arraignment of prisoners, 267

form of arraignment for high treason, 267

mode of pleading guilty or not guilty, 268

entry of description for arraignment on the record, 268

jurors' oath to try whether prisoner stands obstinately mute,

the like in another form, 269

[268

oath to witnesses to try whether prisoner stands obstinately

mute, 269

finding of jury, prisoner stands obstinately mute, 269

finding that prisoner is mute by visitation of God, 269

rule where defendant confesses offence and gives security to

appear and receive sentence, 269

proceedings where defendant confesses indictment, 269