ceeding eight days. But when he is brought up, at the end of the time for which he is remanded, if the cause of the remand still exist, and there is a reasonable prospect of the prosecutor being shortly able to perfect his proofs against the prisoner, the magistrate may again remand him; for the statute enables him to do so from time to time. The prisoner may be remanded to the lock-up house, a place now very usually established throughout England, (see 5 & 6 Vict. c. 109, ss. 22, 23,) for the temporary imprisonment of offenders; or he may be sent to the gaol or house of correction, or any other place of security, according to its proximity, or the saving of expense in his conveyance, as may be thought most convenient. There is one excellent and salutary provision in this section, namely, that enabling the examining justice, instead of remanding the accused, and thereby sending him to prison, to let him go, upon his recognizance or a recognizance with sureties (Q. 2,3), conditioned for his appearance at a time specified in the condition; and if he do not attend at the time and place therein mentioned, any justice then present may indorse a certificate of his non-appearance (Q. 4) on the recognizance, transmit it to the clerk of the peace to be put in suit, and he may again issue his warrant for the party's apprehension. It is objected (S.) that there is an ambiguity in the words in this section,-" from time to time to remand the party accused for such time as by such justice or justices in their discretion may be deemed reasonable, not exceeding eight clear days," and that it is doubtful whether the remand in the whole is not to exceed eight days, or whether at each time the party may be remanded for eight days. To me, however, there appears to be no pretence for any such doubt: the magistrates may remand the accused for such time as they think fit, not exceeding eight days; and they may do this from time to time. The statement appears perfectly plain, and certain. FORMS. (Q. 1.) Warrant remanding a Prisoner. To the constable of and to the [keeper of the house of correction] at in the said [county] of Whereas A. B. was this day charged before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of, for that [&c., as in the warrant to apprehend]: and it appears to me to be necessary to remand the said A. B.: these are therefore to command you the said constable, in her Majesty's name, forthwith to convey the said A. B. to the [house of correction] at -, in the said [county], and there to deliver him to the keeper thereof, together with this precept; and I hereby command you the said keeper to receive the said A. B. into your custody in the said house of correction, and there safely keep him until the day of instant, when I hereby command you to have him at at o'clock in the forenoon of the same day, before me, or before such other justice or justices of the peace for the said [county] as may then be there, to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the meantime. 2 Recognizance of Bail instead of Remand, on an Adjournment of Examination. -: Be it remembered, that on the the year of our Lord in day of A. B. of labourer, L. M. of -, grocer, and N. O. of butcher, personally came before me, one of her Majesty's justices of the peace for the said [county], and severally acknowledged themselves to owe to our lady the Queen the several sums following; that is to say, the said A. B. the sum of and the said L. M. and N. O, the sum of each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said lady the Queen, her heirs and successors, if he the said A. B. fail in the condition indorsed. Taken and acknowledged, the day and year first_above mentioned, at before me, J. S. Condition. The condition of the within-written recognizance is such, that whereas the within-bounden A. B. was this day [or on last past] charged before me, for that [&c., as in the warrant]: and whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the day of instant; if therefore the said A. B. shall appear before me on the said day of instant, at o'clock in the forenoon, or before such other justice or justices of the peace for the said [county] as may then be there, to answer [further] to the said charge, and to be further dealt with according to law, then the said recognizance to be void, or else to stand in full force and virtue. (Q. 3.) Notice of such Recognizance to be given to the Accused and his Sureties. sum of Take notice, that you A. B. of are bound in the and your sureties L. M. and N. O. in the sum of each, that you A. B. appear before me J. S., one of her Majesty's justices of the peace for the [county] ofinstant, at o'clock in the forenoon, the at day of on or before such other justice or justices of the peace for the same [county] as may then be there, to answer further to the charge made against you by C. D., and to be further dealt with according to law; and unless you A. B. personally appear accordingly, the recognizances entered into by yourself and sureties will be forthwith levied on you and them. Dated this day of- 185-. (Q. 4.) J. S. Certificate of Non-appearance to be indorsed on the I hereby certify, that the said A. B. hath not appeared at the time and place in the above condition mentioned, but therein hath made default, by reason whereof the within written recognizance is forfeited. J. S. where the committed XXII. And whereas it often happens that a person is Examinacharged before a justice of the peace with an offence tion, &c. alleged to have been committed in another county or offence was place than that in which such person has been appre- in another hended, or in which such justice has jurisdiction, and it county, &c. is necessary to make provision as to the manner of taking the examinations of the witnesses, and of committing the party accused, or admitting him to bail, in such a case; be it therefore enacted, That whenever a person shall appear or shall be brought before a justice or justices of the peace in the county, riding, division, liberty, city, borough, or place wherein such justice or justices shall have jurisdiction, charged with an offence alleged to have been committed by him in any county or place within England or Wales wherein such justice or justices shall not have jurisdiction, it shall be lawful for evidence prove the charge. evidence do not prove the charge. such justice or justices and he and they are hereby required to examine such witnesses, and receive such evidence, in proof of such charge, as shall be produced before him or them, within his or their jurisdiction; and if in How, if the his or their opinion such testimony and evidence shall be sufficient proof of the charge made against such accused party, such justice or justices shall thereupon commit him to the common gaol or house of correction for the county, riding, division, liberty, city, borough, or place where the offence is alleged to have been committed, or shall admit him to bail, as herein-after mentioned, and shall bind over the prosecutor (if he have appeared before him or them) and the witnesses by recognizance accordingly, as is herein-before mentioned; but How, if the if such testimony and evidence shall not in the opinion of such justice or justices be sufficient to put the accused party upon his trial for the offence with which he is so charged, then such justice or justices shall bind over such witnesses as he shall have examined, by recognizance, to give evidence, as herein-before is mentioned, and such justice or justices shall, by warrant (R. 1) Post, p. 71. under his or their hand and seal or hands and seals, order such accused party to be taken before some justice or justices of the peace in and for the county, riding, division, liberty, city, borough, or place where and near unto the place where the offence is alleged to have been committed, and shall at the same time deliver the information and complaint, and also the depositions and recognizances so taken by him or them, to the constable who shall have the execution of such last-mentioned warrant, to be by him delivered to the justice or justices before whom he shall take the accused in obedience to the said warrant, and which said depositions and recognizances shall be deemed to be taken in the case, and shall be treated to all intents and purposes as if they had been taken by or before the said last-mentioned justice or justices, and shall, together with such depositions and recognizances as such last-mentioned justice or justices shall take in the matter of such charge against veying the the proper county, &c. the said accused party, be transmitted to the clerk of the court where the said accused party is to be tried, in the manner and at the time herein-before mentioned, if such accused party shall be committed for trial upon the said charge, or shall be admitted to bail; and in case such accused party shall be taken before the justice or justices Costs of conlast aforesaid by virtue of the said last-mentioned war- accused into rant, the constable or other person or persons to whom the said warrant shall have been directed, and who shall have conveyed such accused party before such last-mentioned justice or justices, shall be entitled to be paid his costs and expenses of conveying the said accused party before the said justice or justices; and upon the said constable or other person producing the said accused party before such justice or justices, and delivering him into the custody of such person as the said justice or justices shall direct or name in that behalf, and upon the said constable delivering to the said justice or justices the warrant, information (if any), depositions, and recognizances aforesaid, and proving by oath the handwriting of the justice or justices who shall have subscribed the same, such justice or justices to whom the said accused party is so produced shall thereupon forthwith ascertain the sum which ought to be paid to such constable or other person for conveying such accused party and taking him before such justice or justices, as also his reasonable costs and expenses of returning, and thereupon such justice or justices shall make an order (R. 2.) Post, p. 7. upon the treasurer of the county, riding, division, or liberty, city, borough, or place, or if such city, borough, or place shall be contributory to the county rate of any county, riding, division, or liberty, then upon the treasurer of such county, riding, division, or liberty respectively to which it is contributory, for payment to such constable or other person of the sum so ascertained to be payable to him in that behalf, and the said treasurer, upon such order being produced to him, shall pay the amount to the said constable or other person producing the same, or to any person who shall present |