personally to enter into the recognizance, or if the defendant be a married woman so that she cannot enter into the recognizance, in that case the recognizance of four bail, called manucaptors, may be taken, with the like recognizance. The recognizance, after the acknowledgment thereof, must in all cases be transmitted to and filed in the crown-office : Reg. 23; pay 38. As to bail on an indictment removed by certiorari, see post, tit. Certiorari. Notice of Bail. at In the Queen's Bench. Nisi Prius, to be holden after the To to Mr. tor. 1844. Recognizance to Appear, Plead and Try. Majesty's court of Queen's Bench, Taken and acknowledged me, Recognizance to appear and plead to an Information. Same as the above, to the words] Upon condition that if the said J. N. shall appear in Her Majesty's court of Queen's Bench at Westminster, on [the first day of the next term] and answer to an information against him for certain, according to the course of the said court, and person ally appear in the same court on the return of the postea in case he shall be convicted, and so from day to day, and not depart that court without leave, then this recognizance to be void, or else to remain in full force. Taken, &c. as above. Supersedeas to Distringas. VICTORIA, &c. To the sheriff of , greeting: Whereas J.N., late of, &c., hath appeared in our court before us at Westminster to an indictment against him for certain - ; we therefore command you, that you wholly supersede the distraining or otherwise molesting any longer the said J. N. on account of the premises aforesaid; and if you have distrained the said J. N., that then you do without delay deliver or cause to be delivered to him that which you have so distrained, if he be thereby distrained for the reasons aforesaid and no other, and this you are not to omit. Witness, Thomas Lord Denman, at Westminster, the day of, in the year of our reign. By the Court. Supersedeas to an Attachment, Capias or Warrant. Same as the last form to the words] We therefore command you that you altogether forbear the attaching, imprisoning or otherwise molesting any longer the said J. N. on account of the premises aforesaid; and if the said J. N. hath been taken, and is now detained under your custody, that then you forthwith discharge him out of the same, if he be detained therein for the reasons aforesaid and no other. Witness, &c. as above. SECTION VII. Appearance and Plea. Where the defendant is under recognizance.] If the defendant have given bail, he is bound by his recognizance to appear within the first eight days of the term, and plead; see ante, p. 54; and he may of course do so voluntarily. If however he neglect to enter an appearance within the time, the prosecutor may obtain at the crown-office a rule to appear, plead, and try, to be served on the defendant and his bail, and may also give him and his bail notice, requiring them to enter an appearance for the defendant, and that unless they do so on such a day, the prosecutor will move to estreat their recognizance; and if no appearance be entered within the time, the prosecutor, upon having the recognizance brought into court, may move, upon affidavit of the service of the notice, for a rule nisi to estreat the recognizance, which is afterwards made absolute or discharged, as in or dinary cases. If the recognizance be estreated, then the prosecutor, upon obtaining from the crown-office a certificate to that effect, and that no appearance has been entered, may obtain from a judge a warrant to apprehend the defendant; and if he be apprehended on this warrant, a judge will not discharge him, until he have given bail in a larger amount than before. Notice to Appear and Plead. In the Queen's Bench. day of, or so soon after as counsel can be heard, that the above-named defendant may be called upon his recognizance to appear and plead to the indictment against him [and others] in this prosecution for certain And in case the said defendant does not then appear and plead to the said indictment, the said court will be moved that his default may be recorded, and that the recognizance of the said defendant and of his bail entered into in this prosecution be estreated into the court of Exchequer. Dated this day of 1844. Yours, &c. To J. N. the above-named Where the rule for an information was enlarged.] In the case of a criminal information, where the rule nisi has been enlarged, we have seen (ante, p. 37) that the rule contains an undertaking upon the part of the defendant, in case the information shall be exhibited, to appear immediately, and to plead thereto within four days after the same shall be exhibited, otherwise that the prosecutor may sign judgment against him as for want of a plea. In such a case, therefore, as soon as the information is filed, the prosecutor may give the defendant notice of it, and that unless he appear and plead thereto in four days, judgment will be entered against him for want of plea. See the form of this notice, ante, p. 46. If he do not appear, the prosecutor may move for a rule nisi either for an attachment, or to be at liberty to enter an appearance for him. Or if he appear, but do not plead within the time, the prosecutor may sign judgment as for want of a plea. Where the defendant appears voluntarily.] The defendant, though out of custody, and not under any recognizance, may come in, and appear and plead voluntarily. Formerly, when process was returnable in term only, the defendant came into court during the term, had the indictment or information read to him, and pleaded to it viva voce instanter. But now, as process may be returnable in vacation, it should seem that the defendant may at all times, in term or vacation, apply at the crown-office, and have his appearance and plea there entered; and this without payment of any fee. The prosecutor may notwithstanding apply for a judge's warrant, to compel the defendant to give a recognizance to appear if convicted. The defendant, in strictness, if he plead voluntarily, should plead in the term in or as of which the appearance has been entered, or in the vacation after it and before the essoign day of next term. But in practice a plea, at any time before judgment is actually signed for want of one, will be deemed suthcient. However, where process of outlawry is sued out, and the defendant appears to the exigent, he must plead in the same term he appears. But if the defendant appear, but do not plead, the prosecutor may compel him to plead either in term or vacation, by obtaining a side-bar rule to plead at the Crown-office, (pay 18.), and serving it upon the defendant or his attorney; he cannot imparle over to the following term. 60 G. 3 & 1 G. 4, c. 4, s. 1. This rule expires in ten days after service; Reg. 16; and if the defendant do not plead within that time, the prosecutor, on filing an affidavit of the service of the rule, may sign judgment by default at the opening of the office on the morning of the 11th day, unless an order of the court or a judge, extending such time, shall have been obtained and served, and in such case judgment shall not be signed until the day after the expiration of the time granted by such order. Reg. 18. In indictments for the non-repair of highways, however, the defendants are entitled to an imparlance. How, if the defendant be in custody.] By stat. 48 G. 3, c. 58, s. 1, where a defendant, prosecuted in this court by indictment or information for any offence, not being treason or felony, shall, either by virtue of a warrant of a judge of this court, or of a writ of capias ad respondendum issued out of this court, be committed to and detained in any gaol for want of bail, it shall be lawful for the prosecutor of such indictment or information to cause a copy thereof to be delivered to such person, or to the gaoler, keeper or turnkey of the gaol wherein such person shall be detained, with a notice thereon indorsed, that unless such person shall, within eight days from the time of such delivery, cause an appearance, and also a plea or demurrer, to be entered in-this court to such indictment or information, an appearance and the plea of not guilty will be entered thereto in the name of such person; and in case he shall thereupon, for the space of eight days from the delivery of such indictment or information, neglect to cause an appearance, and also a plea or demurrer, to be entered in the said court to such indictment or information, it shall be lawful for the prosecutor, upon an affidavit being made and filed in the said court of the delivery of a copy of such indictment or information, with such notice indorsed thereon as aforesaid, to such person or to such gaoler, keeper or turnkey, as the case may be, (which affidavit may be made before any judge or commissioner of the said court authorised to take affidavits in the said court,) to cause an appearance, and the plea of not guilty, to be entered in the said court to such indictment or information for such person; and such proceedings shall thereupon be had, as if the defendant in such indictment or information had appeared and pleaded not guilty according to the usual course of such court. But in all other cases, where the defendant is in custody, the prosecutor may have him brought up to the court in term time, to appear and plead, by a habeas, tested on the day it issues, and returnable immediately before the Queen at Westminster, if issued in term, or returnable on a day certain in term, if issued in vacation; see post, tit. Habeas Corpus; or, if the defendant be in custody in the Queen's prison, he may be brought up by a side-bar rule, to be obtained at the crown-office, (pay 1s.), to appear and plead. Give instructions at the crownoffice to have the indictment in court, on the day the prisoner is to be brought up, and give a brief to counsel to move that he be charged with the indictment and plead to it. Upon his appearing, and the motion (which is a hand motion merely) being made, the prisoner's appearance is recorded, the indictment or information is read to him, he pleads to it, his plea is recorded, and he is remanded. By stat. 60 G. 3, & 1 G. 4, c. 4, s. 1, where any person, prosecuted in this court by information, or by indictment found or removed here, shall appear in term time in person to answer thereto, the defendant, upon being charged therewith, shall not be permitted to imparle to a following term, but shall be required to plead or demur thereto within four days from the time of his appearance; and in default of his doing so, judgment may be entered against him as for want of a plea. If he claim the four days, the court will order him to be brought up to plead at the expiration of that time, and will commit him to the Queen's prison in the mean time. Or, instead of being at the expense of thus bringing the defendant up by habeas, a much readier mode of proceeding, where the defendant is in custody on other process, is, by obtaining a judge's warrant upon the indictment or information, lodging it with the gaoler in whose custody the defendant is, and then proceeding under the stat. 48 G. 3, c. 58, s. 1. Notice to be Indorsed. term, in the - In the Queen's Bench. Take notice, that unless within the space of eight days next after the delivery hereof, you shall cause an appearance, and also a plea or demurrer to be entered in the court of Queen's Bench to the within indictment, [or information], an appearance, and the plea of not guilty, will be entered thereto, in your Dated this day of, 1844. Solicitor for the prosecution. To J. N. the above-named defendant. |