as A. B. late of day of 184-. To the constable of and to all other peace officers in the said (G) Warrant [county] of to apprehend a Whereas it hath been duly certified by J. D., clerk of the indictments person indicted. on the circuit [or "clerk of the peace of and for the [county] of -] that [&c. stating the certificate]: These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], or some other justice or justices of the peace in and for the said [county], to be dealt with according to law. Given [&c. as (B), ante, p. 307.] ment of a person indicted. To the constable of, and to the keeper of the [common gaol or (H) Commithouse of correction] at in the said [county] of Whereas by [my] (i) warrant under my hand and seal, dated the day of after reciting that it had been certified by J. D. [&c., as in the certificate], [I] commanded the constable of and all other peace officers of the said county, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], the undersigned, [one] of her Majesty's justices of the peace in and for the said [county], or before some other justice or justices of the peace in and for the said [county], to be dealt with according to law: And whereas the said A. B. hath been apprehended under and by virtue of the said warrant, and being now brought before [me] (j), it is hereupon duly proved to [me] upon oath that the said A. B. is the same person who is named and charged in and by the said indictment: These are therefore to command you the said constable, in her Majesty's name, forthwith to take and safely convey the said A. B. to the said [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 him there safely to keep until he shall be thence delivered by due course of law. Given [&c. as (B), ante, p. 307.] in offence. To the keeper of the [common gaol or house of correction] at (I) Warrant to the said [county] of · detain a person Whereas it hath been duly certified by J. D., clerk of the indictments indicted who is on the circuit [or "clerk of the peace of and for the county of already in cus-], that [&c., stating the certificate]: And whereas [I am] informed tody for another that the said A. B. is in your custody in the said [common gaol] at aforesaid, charged with some offence or other matter; and it being now duly proved upon oath before [me] that the said A. B. so indicted as aforesaid, and the said A. B. in your custody as aforesaid, are one and the same person: These are therefore to command you, in her Majesty's name, to detain the said A. B. in your custody in the [common gaol] (i) Or" the warrant of J. S., esq., one of her Majesty's justices of the peace for the said [county] of 1') under his hand and seal," &c. (j) "The undersigned, as one of such justices aforesaid." To defer examination, and remand accused. * P. 313. May have ac cused before expiration of remand, or bail. aforesaid until by her Majesty's writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the said indictment, or until he shall otherwise be removed or discharged out of your custody by due course of law. Given [&c. as (B), ante, p. 307]. SECT. 3. OF REMANDING OR BAILING ACCUSED BEFORE OR If, from the absence of witnesses, or from any other reasonable cause, it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful to and for the justice or justices before whom the accused shall appear or be brought, by his or their warrant (Q 1),* from time to time to remand the party accused for such time as by such justice or justices in their discretion shall be deemed reasonable, not exceeding eight clear days, to the common gaol or house of correction, or other prison, lock-up house, or place of security in the county, riding, division, liberty, city, borough, or place for which such justice or justices shall then be acting; or if the remand be for a time not exceeding three clear days it shall be lawful for such justice or justices verbally to order the constable or other person in whose custody such party accused may then be, or any other constable or person to be named by the said justice or justices in that behalf, to continue or keep such party accused in his custody, and to bring him before the same or such other justice or justices as shall be there acting at the time appointed for continuing such examination: provided always, that any such justice or justices may order such accused party to be brought before him or them, or before any other justice or justices of the peace for the same county, &c., at any time before the expiration of the time for which such accused party shall be so remanded, and the gaoler or officer in whose custody he shall then be shall duly obey such order (aa): provided also, that, instead of detaining the accused party in custody during the period for which he shall be so remanded, any one justice of the peace (a) Before this statute justices had no power to take bail for the accused on a remand, and he must have been committed to prison; and the period of remand was various, being different in many counties: the remand may be to the lock-up house or cage, erected under 5 & 6 Vict. c. 109, or 11 & 12 Vict. c. 101; the manner of stating the recognizance to the persons bound will be found in note (c), ante, p. 24. (aa) This provision will be found very useful where the witnesses' attendance can be procured sooner than anticipated on the first examination, and in many other respects. Below, and ance. before whom such accused party shall so appear or be brought as aforesaid may discharge him, upon his entering into a recognizance (Q 2, 3),* with or without a surety or sureties, at the discretion of such justice, conditioned for his appearance at P. 314. the time and place appointed for the continuance of such examination; and if such accused party shall not afterwards Nonappearappear at the time and place mentioned in such recognizance, then the said justice, or any other justice of the peace who may then and there be present, upon certifying (Q4)* on the back of P. 314. the recognizance the nonappearance of such accused party, may transmit such recognizance to the clerk of the peace of the Recognizance county, &c., within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient primâ facie evidence of such nonappearance of the said accused party (s. 21). to be estreated. It will be seen by the provisoes in s. 9, ante, p. 306, that if Remand or bail any variance between the summons or warrant and the evidence in other cases. adduced shall appear to the justice to have deceived or misled the party charged, the justice shall, at his request, adjourn the hearing of the case, and in the mean time remand the party so charged, or admit him to bail as before-mentioned (in s. 21). FORMS. To the constable of, and to the [keeper of the house of correc- (Q1) Warrant tion] at in the said [county] of remanding a Whereas A. B. was this day charged before the undersigned, [one] of prisoner. 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 -: Be it remembered, that on the our Lord N. O. of day of in the year of (Q 2) RecogA. B. of [labourer], L. M. of [grocer], and nizance of bail [butcher], personally came before me, one of her Majesty's instead of re justices of the peace for the said [county], and severally acknowledged mand. Condition. (Q3) Notice of recognizance for accused sureties. (Q4) Certificate of non appearance to be indorsed on the recognizance. Summons to a witness. themselves to owe to our lady the Queen the several sums following; that before me, J. S. 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 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. instant at Take notice, that you A. B. of are bound in the sum of 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] of at on the day of instant, o'clock in the forenoon, at 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 184-. J. S. 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. SECT. 4. OF COMPELLING WITNESSES' ATTENDANCE, &c. (a). By s. 16 it is enacted, that if it shall be made to appear to any justice of the peace, by the oath or affirmation of any credible person, that any person within the jurisdiction of such justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against the accused (b), such (a) The same observations as on sect. 7 of the 11 & 12 Vict. c. 43, note (b), ante, p. 27, will apply here. (b) The form of deposition that a witness is material will be as in note (b), ante, pp. 27, 28. • P. 316. justice may and is hereby required to issue his summons (L 1)* P. 316. to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons before the said justice, or before such other justice or justices of the peace for the same county, riding, division, liberty, city, borough or place as shall then be there, to testify what he shall know concerning the charge made against such accused party; and if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having How served. been served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode,) it shall be lawful for the justice or justices before whom such person should have appeared to issue a warrant Warrant on (L2) under his or their hands and seals to bring and have disobedience, such person at a time and place to be therein mentioned before the justice who issued the said summons, or before such other justice or justices of the peace for the same county, &c. as shall then be there, to testify as aforesaid, and which said warrant may, if necessary, be backed as herein-before is mentioned, in order to its being executed out of the jurisdiction of the justice who shall have issued the same; or if such justice shall be or warrant in satisfied by evidence upon oath or affirmation that it is probable that such person will not attend to give evidence without being compelled so to do, then, instead of issuing such summons, it shall be lawful for him to issue his warrant (L 3)* in the first P. 316. instance, and which, if necessary, may be backed as aforesaid; and if on the appearance of such person so summoned before Refusing to be the said last-mentioned justice or justices, either in obedience to examined, &c. the said summons or upon being brought before him or them by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or, having taken such oath or affirmation, shall refuse to answer such questions concerning the premises as shall then be put to him, without offering any just excuse for such refusal, any justice of the peace then present, and having there jurisdiction, may by warrant (L 4)* under his hand and seal commit the person so re-⚫ P. 317. fusing to the common gaol or house of correction for the county, &c., where such person so refusing shall then be, there to remain the first instance. to be committed. |