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No. 6.

Ord. No. 5, 1855.

Note.-This

form to be

altered as oc

No. 9.

WARRANT OF COMMITMENT OF A WITNESS.

For refusing to be sworn, or to give evidence to the stipendiary or any other constable of and to the keeper of the of

at

casion may
require, to suit
the case of
commitment of of
a witness for
refusing to

obey sum

mons.

in the said

at

Whereas A. B. was lately charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said for that (dc., as in the summons); and it having been made to appear to (me) upon oath, that E. F. of was likely to give material evidence for the prosecution, I duly issued my summons to the said E. F., requiring him to be and appear before me on or before such other Justice or Justices of the Peace as should then be there, to testify what he should know concerning the said charge so made against the said A. B. as aforesaid; and the said E. F. now appearing before me (or being brought before me by virtue of a warrant in that behalf, to testify as aforesaid), and being required to make oath or affirmation as a witness in that behalf, hath now refused so to do (or being duly sworn as a witness, doth now refuse to answer certain questions concerning the premises which are here put to him) without offering any just excuse for such his refusal: These are therefore to command you, the said constable, to take the said E. F. and him safely to convey to the

in the said

at

aforesaid, and there deliver him to the said keeper thereof, together
with this precept: and I do hereby command you, the said keeper
of the said
to receive the said E. F. into your custody
and him there safely keep for the space
of
days for his said contempt, unless he shall in the mean-
time consent to be examined and to answer concerning the premises;
and for your so doing this shall be your sufficient warrant.

Given under my hand and seal, this

in the year of our Lord

in the

at

aforesaid.

day of J. S. (L. S.)

No. 10.

DEPOSITIONS OF WITNESSES.

}

The examination of C. D. of

(farmer) and

day of

in the

aforesaid, before the under

to wit. E. F. of

at

(labourer), taken on (oath) this in the year of our Lord

signed, (one) of Her Majesty's Justices of the Peace for the said in the presence and hearing of A. B., who is charged

this day before (me), for that he the said A. B. on

at

(Sc., describing the offence as in a warrant of commitment). This deponent C. D. on his (oath) saith as follows (§c., stating the deposition of the witness, as nearly as possible in the words he uses. When his deposition is complete, let him sign it).

And this deponent E. F., upon his oath saith as follows (&c.) The above depositions of C. D. and E. F. were taken and (sworn) before me at on the day and year first above mentioned. J. S.

No. 11.

STATEMENT OF THE ACCUSED.

stands charged before the undersigned, one of

Her Majesty's Justices of the Peace in and for the
aforesaid, this
our Lord

at

day of

for that he the said A. B. on

in the year of

(&c., as in the caption of the depositions) and the said charge being read to the said A. B., and the witnesses for the prosecution C. D. and E. F. being severally examined in his presence, the said A. B. is now addressed by me as follows:

"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;" whereupon the said A. B. saith as follows:

(Here state whatever the prisoner may say, and in his very words, as nearly as possible. Get him to sign it if he will.)

Taken before me at

above mentioned.

No. 12.

A. B.

the day and year first
J. S.

No. 6. Ord. No. 5,

1855.

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in the

before me

did come

one of Her Majesty's Justices of the Peace
acknowledge him-

in and for the said islands, and did
self to owe to our Sovereign Lady the Queen the sum of
lawful money of the said islands, to be made and levied of his
goods and chattels, lands and tenements, to the use
of our said Lady the Queen, her heirs and successors, if he the said
shall fail in the condition hereon underwritten.
The condition of the above-written recognizance is such, that if the
above bounden
shall personally appear at the next
sittings of the Supreme Court, to be holden at the said island of
Grand Turk, and then and there give such evidence as he know,
upon the trial of any information which may be exhibited by the
Attorney-General, or any duly-qualified counsel authorized by him
in that behalf, against

of

for

and not depart thence without leave of the Court; then this recognizance to be void, or else to remain in its full force.

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NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE

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No. 6.

Ord. No. 5, 1855.

evidence

as the case may be) sittings of the Court of these islands, to be
holden at the Grand Turk, and then and there
against A. B.; and unless you then appear there, and
give evidence accordingly, the recognizance entered into by
you will be forthwith levied on you.

Dated this

day of

18

J. S.

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Whereas A. B. was lately charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said

of

at

for that (Sc., as in the summons to the witness) and it having been made to appear to (me) that E. F. of was likely to give material evidence for the prosecution, (I) duly issued my summons to the said E. F., requiring him to be and appear before (me) on or before such other Justice or Justices of the Peace as should then be there, to testify what he should know concerning the said charge so made against the said A. B. as aforesaid; and the said E. F. now appearing before (me), or being brought before (me) by virtue of a warrant in that behalf, to testify as aforesaid, hath been now examined by (me) touching the premises, but being by (me) required to enter into a recognizance conditioned to give evidence against the said A. B., hath now refused so to do: These are therefore to command you, the said constable, to take the said E. F., and him safely to convey to the prison at in the island of and there deliver him to the said keeper thereof, together with this precept and I do hereby command you, the said keeper of the said prison, to receive the said E. F. into your custody in the said prison, there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the mean time such E. F. shall duly enter into such recognizance as aforesaid, in the sum of pounds, before some one Justice of the Peace for conditioned in the usual form to appear in the General Court of the said islands, and there to give evidence upon the trial of the said A. B. for the said offence.

the said

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SUBSEQUENT ORDER TO DISCHARGE THE WITNESS.

To the keeper of the prison at

Whereas E. F., of was lately committed to your custody for refusing to enter into a recognizance for his appearance as a witness in the Supreme Court of these islands, by warrant of commitment under my hand and seal, in which you were required to keep him until after the trial of a certain A. B. therein

mentioned.

No. 6.

1855.

And whereas for want of sufficient evidence the said A. B. has been discharged from the accusation then pending against Ord. No. 5, him, and it is therefore not necessary that the said E. F. should be detained longer in your custody: These are therefore to order and direct you, the said keeper, to discharge the said E. F. out of custody as to the said commitment, and suffer him to go at large. Given under (my) hand and seal, this in the year of our Lord aforesaid.

in the

at

J. S. (L. S.)

No. 16.

your

day of

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Whereas, A. B. was this day charged before the undersigned, (one) of Her Majesty's Justices of the Peace, in and for the said for that (dc., 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 in the said 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 and there safely keep him until the

of

at

at

day

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the same day before me, or before such other Justice or Justices of
the Peace for the said
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 mean time.
Given under my hand and seal this

in the year

of our Lord

day of

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day of (labourer), L. M. of (butcher), personally came before, me one of Her Majesty's Justices of the Peace for the said 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 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. failed in the condition indorsed.

sum of

Taken and acknowledged the day and year first above mentioned,

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No. 6. Ord. No. 5, 1855.

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 instant; if therefore the said A. B. shall appear before me on the said o'clock in the forenoon,

day of

instant at

day of

or before such other Justice or Justices of the Peace for the said 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.

No. 18.

NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO THE ACCUSED
AND HIS SURETIES.

Take notice that you, A. B., of

are

bound in the sum of

N. O., in the sum of

and your sureties, L. M. and each, that you, A. B., appear

before me, J. S., (one) of Her Majesty's Justices of the Peace for the

day of

at

of

on

instant, at

the o'clock in the forenoon, or before such other Justice or Justices of the Peace for the same 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

18

J. S.

No. 19.

CERTIFICATE OF NON-APPEARANCE TO BE INDORSED ON A

RECOGNIZANCE.

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.

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