To the constable of and to all other peace officers in the said (C) Warrant [county] of in the first Whereas information hath this day been laid before the undersigned, instance. [one] of her Majesty's justices of the peace in and for the said [county] of, for that A. B. [here state shortly the matter of the information]; and oath being now made before me substantiating the matter of such information: These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before some one or more of her Majesty's justices of the peace in and for the said county, to answer to the said information, and to be further dealt with according to law. Given [&c. as (A), ante, 22]. to wit: Whereas proof upon oath hath this day been made before (K) Indorseme, one of her Majesty's justices of the peace for the said [county] of ment in backing that the name of J. S. to the within warrant subscribed is of the a warrant (j ). handwriting of the justice of the peace within mentioned: I do therefore hereby authorize W. T., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all constables and other peace officers of the said [county] of to execute the same within the said lastmentioned [county], and to bring the said A. B., if apprehended within the same [county], before me, or before some other justice or justices of the peace of the [same county], to be dealt with according to law. Given under my hand, this day of 184-. J. L. *The words following this asterisk are to be used only where the justice backing the warrant shall think fit, and may be omitted in backing English warrants in Ireland, Scotland, &c., or in backing Irish or Scotch warrants, &c. in England. The provisions before digested as to the process to be issued (2) On Comon informations, and the manner of the service and execution, plaints. will apply to complaints, except that no warrant can be issued on a complaint in the first instance (see ss. 2, 10). Nothing in the act shall oblige any justice or justices to issue any such summons in any case where the application for any order of justices is by law to be made ex parte (k) (s. 1). The forms applicable to complaints would be (A), (B) and (K). (j) This form is taken from the 11 & 12 Vict. c. 42. (k) Such as orders of removal of paupers (excepted however from the provisions by s. 35), orders on overseers for constables, &c. (5 & 6 Vict. c. 109); on county treasurer (27 Geo. 2, c. 3, s. 1; 1 & 2 Will. 4, c. 41, s. 13; 5 & 6 Will. 4, c. 50, s. 73; 10 & 11 Vict. c. 82, s. 15); on railway company (1 & 2 Vict. c. 80). Before hearing. At hearing. SECT. 3. OF REMANDING DEFENDANT AND TAKING BAIL (a) Before or during the hearing (b) of any information or complaint, one justice or the justices present, in their discretion, may adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties, and in the meantime the said justice or justices may suffer the defendant to go at large, or may commit ((D), post, 26) him to the common gaol or house of correction or other prison, lock-up house or place of security in the county, &c., or to such other safe custody as the said justice or justices shall think fit, or may discharge him upon his entering into a recognizance ((E), post, 26) (c) with or without surety or sureties, at the discretion of such justice or justices, conditioned for his appearance at the time and place to which such hearing or further hearing shall be adjudged (s. 16). Bail for a defendant may also be taken at the hearing under the following circumstances: --where there is any variance (d) between an information (s. 9) or complaint or summons (s. 1), or awarrant of apprehension (s. 3), and the evidence adduced on the part of the informant or complainant, and it shall appear to the justice or justices present and acting at such hearing that the party has been thereby deceived or misled, the justice or justices, upon such terms as he or they shall think fit (e), may adjourn the hearing of the case to some future day (a) There was no general power formerly to bail before conviction, and it could not be done unless expressly authorized by the particular statute, and these instances were very few. (b) Before the hearing would apply to cases where a defendant is apprehended before the usual day of petty sessions, and the witnesses are not therefore in attendance, or where two justices are necessary to adjudicate, and only one is present at the time and place appointed by the summons, &c. for the hearing. During the hearing would apply to cases where the hearing has taken place, or partly taken place, and a material witness is absent, and the justices wish to adjourn to obtain his attendance, or to take time to consider their judgment, and also where variances have misled the defendant. (c) This is usually done by the magistrate or his clerk stating to the person bound and his sureties the substance of the recognizance, in the second person, thus: "You A. B., you D. E., and you F. G., severally acknowledge yourselves to owe to our sovereign lady the queen the several sums following, that is to say, you the said A. B. the sum of -, you the said D. E. the sum of —, and you the said F. G. the sum of then stating the condition as in the written recognizance, but in the second person. (e) This is presumed to refer to the costs consequent upon the adjournment and bail being received (ss. 1, 3, 9)(ƒ), and commit ((H), post, 27) the defendant or take a recognizance as before observed (ss. 3, 9). On the Remand on aphearing, if defendant do not attend in obedience to the sum- defendant beprehension of mons, and a warrant has been granted, when apprehended he fore time of may be brought before the same or some other justice or jushearing. tices of the same county, &c., who shall thereupon, either by his or their warrant ((H), post, 27) commit such defendant to the house of correction (&c. as ante, 24), or, if he or they think fit, verbally to the custody of the constable or other person who shall have apprehended him, or to such other safe custody as he or they shall deem fit, and order the defendant to be brought up at a certain time and place (g), before such justice or justices as shall then be there, of which said order the complainant or informant shall have due notice (s. 13) (h). ance of complainant. If the complainant or informant, having had such notice, do On nonappearnot appear by himself, his counsel or attorney, the justice or justices shall dismiss the complaint or information, unless for some reason he or they shall think proper to adjourn the hearing of the same unto some other day, upon such terms as he or they shall think fit; in such case they may commit or bail (s. 13), in manner and by the same forms as before referred to. In each of the cases above mentioned (by ss. 3, 9, 13, 16) Estreating the there is a proviso for estreating the recognizance if the defend- recognizance on ant shall not afterwards appear at the time and place mentioned in such recognizance, which is, that "the said justice who shall have taken the said recognizance, or any justice or justices who may then be there present, upon certifying ((F), post, 27) upon the back of the said recognizance the nonappearance of the defendant, may transmit such recognizance to the clerk of the peace of the county, riding, division, liberty, city, borough or place within which such recognizance shall have been taken, to (f) There is no limit placed to this adjournment. (g) There is no provision in this case for bailing the defendant. (h) It omits to provide for the service of this notice; it is presumed the clerk to the justice should give it, and that it might be sent by the post; its form might be "Court of petty sessions for the division of N. [or as the "I beg to give you notice, that A. B., against whom a warrant was issued on your complaint [or 'information'], has been apprehended and brought this day at the place above named, and ordered by a justice to be brought up at the same place on next at — o'clock, on the hearing of the said complaint [or information'], when and where you are required to attend. Yours, &c. nonappearance. "To Mr. C. D." L. M. clerk to the justices." be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such nonappearance of the said defendant." FORMS. (D) Warrant of committal for safe custody during an adjournment of the hearing. (E) Recognizance for the appearance of the defendant where the case is adjourned, or not at once proceeded with. instant at To W. T., constable of and to the keeper of the [house of correction] at Whereas on — last past information was laid [or "complaint was made"] before the undersigned (i), [one] of her Majesty's justices of the peace in and for the said [county] of for that [&c. as in the summons]: And whereas the hearing of the same is adjourned to the day of o'clock in the forenoon at —, and it is necessary that the said A. B. should in the meantime be kept in safe custody: 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, and there deliver him into the custody of 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 you are hereby required to convey and have him the said A. B., at the time and place to which the said hearing is so adjourned as aforesaid, before such justices of the peace for the said [county] as may then be there, to answer further to the said information [or "complaint”] and to be further dealt with according to law. Given [&c. as (A), ante, 22.] J. S. (L. s.) (i) Or "J. S. esquire." A. B. of Be it remembered, that on Taken and acknowledged the day and year o'clock in the forenoon at before me, The condition of the within-written recognizance is such, that if the said A. B. shall personally appear on the day of- instant, at before such justices of the peace for the said [county] as may then be there, to answer further to the information [or complaint"] of C. D. exhibited against the said A. B., 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. (j) Or" us the undersigned two." Notice of such Take notice, that you A. B. are bound in the sum of recognizance to L. M. in the sum of that you A. B. appear personally on at o'clock in the forenoon at before such justices of the peace for be given to the the said county as shall then be there, to answer further to a certain in- defendant and his surety. formation [or" complaint"] of C. D., the further hearing of which was adjourned to the said time and place, and unless you appear accordingly the recognizance entered into by you A. B., and by L. M. as your surety, will forthwith be levied on you and him. Dated this 184-. day of J. S. I hereby certify that the said A. B. hath not appeared at the time and place in the said condition mentioned, but therein hath made default, by reason whereof the within-written recognizance is forfeited. J. S. (F) Certificate of nonappear ance to be indorsed on the defendant's recognizance. and to the keeper of the [house of (H) Warrant to remand a de To W. T., constable of correction] at Whereas information was laid [or "complaint was made"] before the fendant when undersigned (k), [one] of her Majesty's justices of the peace in and for apprehended. the said [county] of for that [&c. as in the summons or warrant]: And whereas the said A. B. hath been apprehended under and by virtue of a warrant upon such information [or "complaint"], and is now brought before me as such justice as aforesaid: 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 - and there to deliver him to the said keeper thereof, together with this precept; and I do 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 — next, the day of instant, when you are hereby commanded to convey and have him at at o'clock in the forenoon of the same day, before such justices of the peace of the said [county] as may then be there, to answer to the said information [or "complaint"], and to be further dealt with according to law. Given, [&c. as (A), ante, p. 22]. (k) or “J. S., esquire.” SECT. 4. OF COMPELLING WITNESSES' ATTENDANCE, &c.(a). If it shall be made to appear to any justice of the peace, by Summons. the oath or affirmation of any credible person, that any person within the jurisdiction of such justice is likely to give material evidence in behalf of the prosecutor, or complainant or defendant, and will not voluntarily appear for the purpose of being examined as a witness (b), at the time and place appointed for (a) Formerly the attendance of a witness could not be enforced, nor his contumacy punished, unless the statute under which the complaint or information was preferred expressly authorized it, and these instances were not numerous, being prescribed by about one-seventh of the statutes on summary convictions and orders. (b) An oath or affirmation must be first made, either by the informant or some other person, to the effect of the following deposition, which should be written |