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Oke's Synop. 2nd edit. p. 292.

Offence 18.

Id. Offences 19, 20.

an act passed in the year of the reign of Queen Victoria, intituled [here insert the title of this act (a)]. Given under my hand and seal [or our hands and seals], the day and year first above written.

2. Dealers in Marine Stores not having Names, &c. over Storehouse. (9 & 10 Vict. c. 99, s. 32.)]-trade and deal in buying and selling anchors [or cables] sails, old junk, old iron, or certain marine stores, to wit, -], without having his name and the words "Dealer in Marine Stores" then and there painted upon the front of his storehouse [or warehouse], there situate, wherein such goods were then deposited, contrary,

&c.

3. Declaration previous to Justice, or Receiver of Droits of Admiralty, granting a Permit to cut up Cable. (Id. s. 32.)]—I, C. D., of the parish of- in the county of - dealer in marine stores, do solemnly and sincerely declare, that on the day of I bonâ fide purchased, and without fraud, of one E. F., for the sum of a certain [part of a] cable, exceeding five fathoms in length, to wit, ten fathoms in length, and called a cable; that I have no knowledge or suspicion whatever that the said cable has been dishonestly come by, and that I intend to cut up the same: And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an act, made and passed in the sixth year of the reign of his late Majesty King William the Fourth, intituled "An Act to repeal an Act of the present Session of Parliament, intituled An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits, and to make other Provisions for the Abolition of unnecessary Oaths.'" Made and subscribed at in the county

of, this

before me,

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day of

A.D. 1850,

J. S.

C. D.

One of her Majesty's Justices of the Peace,
in and for the said county of -

4. Justice's or Receiver's Permit to cut up Cable. (Id. s. 32.)

Whereas C. D., of the parish of

in the county of to wit. dealer in marine stores, hath applied to me, the undersigned, one of her Majesty's justices of the peace [or undersigned receiver of droits of admiralty], residing near unto his residence, for a permit to cut up a certain cable, and hath produced unto me, in pursuance of the statute in such case made and provided, a declaration duly made by him the said C. D., on the instant, before J. S., Esquire, one of her Majesty's justices of the peace in and for the said county of, in the words following, that is to say, [here copy the declaration]: Wherefore this matter being by me duly considered, I the said justice [or receiver] do hereby permit the said C. D. to cut up the said cable in the said decla

ration mentioned.

day of

Given under my hand, this

day of

J. L.

5. Cutting up Cable without Permit. (Id. s. 32.)]—being then and there a dealer in marine stores, and having theretofore purchased of one E. F. a certain [part of a certain] cable, exceeding five fathoms in length,

(a) “An Act for consolidating and amending the Laws relating to Wreck and Salvage."

cable, did then and there

to wit, ten fathoms in length, and called a
cut up [or uncant, untwine, or unlay] the said cable, without first obtain-
ing a permit from a justice or receiver, as required by the statute in that
behalf, contrary, &c.

6. Dealers neglecting to keep Books. (Id. s. 34.)]-being then and Oke's Synop. there a dealer in marine stores, and having as such dealer bought divers 2nd ed. P. 294. quantities of old marine stores, did neglect to keep any book containing Offence 24. entries of such old marine stores as were from time to time so bought by him as aforesaid, or containing an account or description of the times when the same were respectively bought by him, or of the names and places of abode of the respective sellers thereof, contrary, &c.

7. Warrant to inspect Books of Dealer. (Id. s. 34.)

To A. B. of, dealer in marine stores.

Whereas an advertisement hath appeared in the Cornwall Id. Offence 25. to wit. Royal Gazette, on the day of instant, stating that [here set out the substance of the advertisement in the second person]; and whereas C. D. of -, hath this day made oath before me, J. S., Esquire, one of her Majesty's justices of the peace for the said county of residing near to the storehouse of you the said A. B., that [here state the substance of the oath]: These are therefore to command you the said A. B., that you do forthwith produce unto the said C. D. the book or books required by law to be kept by you as such dealer in marine stores, and allow the said C. D. to examine the same, and that you do also produce unto the said C. D. the cable in the said advertisement and permit described and mentioned, and herein fail you not at your peril. Given under my hand and seal, the day of - in the year of at in the county aforesaid.

our Lord

J. S. (L. s.)

8. Not allowing Inspection of Books, &c. pursuant to Warrant. (Id. s. 34.)]-for that heretofore, on the day of —, by a certain warrant of J. S., Esquire, one of her Majesty's justices of the peace for the said county of residing near to the storehouse of the said A. B., reciting that an advertisement, &c., and that C. D., of &c., had that day made oath before the said justice, that, &c., it was commanded unto the said A. B. that he should forthwith [&c., state the substance of the Warrant No. 7, supra, in the past tense, third person]; and although the said warrant was on the day of instant, at the parish of aforesaid, produced and shown unto the said A. B. by the said C. D., and the said C. D. then and there required the said A. B. to produce to him the said books [or cable], and to allow him the said C. D. to examine the said books, yet the said A. B., not regarding the said warrant, or the law in that behalf, did then and there neglect and refuse to produce unto the said C. D. the said books [or cable] in the said warrant mentioned, or any of them, or to allow the said C. D. to examine the said books, or any part thereof, contrary, &c.

9. Not advertising before cutting up Cuble. (Id. s. 34.)]--being then Id. Offence 26. and there a dealer in marine stores, and having then and there obtained from J. L., Esquire, one of her Majesty's justices of the peace for the said county of -, [or from J. L., receiver of droits of admiralty], a permit to cut up a certain cable, exceeding five fathoms in length, did then and there cut up the said cable, without having previously published, or caused to be published, in any newspaper, an advertisement notifying that he had obtained such permit for the purpose aforesaid, or specifying where such cable was deposited, contrary, &c.

S

PART 11.

INDICTABLE OFFENCES.

CHAPTER I.

GENERAL FORMS OR OUTLINES.

Vide ss. 1, 8;
Arch. p. 5, 25;
Saund. p. 7, 16;
Oke's Synop.
p. 302, 305.

All the Forms in this Chapter, except where otherwise stated to the contrary, are from the Schedule to Jervis's Act, 11 & 12 Vict. c. 42; the Sections placed in the margin of such Forms are where they are referred to in the body of that Statute, and the letter, &c. (as L. 1), after the description of the Form is the same as prefixed thereto in such Schedule. The works referred to also in the margin are the three editions of Jervis's Acts.

In the Forms given in that Schedule the Venue is invariably omitted, but it should always be inserted in magisterial proceedings.

SECT. 1.-AS TO PREFERRING THE CHAarge.

1. Information and Complaint for an indictable Offence (A).

The information and complaint of C. D. of

to wit. taken this

[yeoman], day of, in the year of our Lord 184—, before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of (a), who saith that (b) [&c. stating the offence].

Sworn before [me], the day and year first above mentioned, at

J. S.

(a) The several descriptions of the justice, or magistrate, taking this information and complaint, as shown in the Form No. 1 (on Summary Convictions), ante, p. 23, will equally apply here, and may be used.

(b) If the offender is merely suspected to have committed the offence, and the informant did not see him commit it, insert here: " he hath just cause to believe and suspect, and doth believe and suspect that"-then insert the name of the offender, address, &c. if known, or if unknown, his description, as in Form No. 23, tit. "Highways," ante, p. 127, and afterwards set out the offence in the manner described in either of the statements applicable in Chap. II. of this portion of the Collection.

If the offence be committed out of the jurisdiction of the justice receiving the information, but the offender be residing within it, add, after the description of the offence: "And that the said A. B. is now residing or being [or is supposed and suspected to be residing or being] at the parish of in the said [county], and within my jurisdiction."

2. Information against an Accessory after the Fact to a Felony with the Principal. (Not in Jervis's Act.) [Proceed as in No. 1, supra, and after describing the offence of the principal, state thus:]-and that E. F. of &c. well knowing the said A. B. to have committed the felony aforesaid, did afterwards, to wit, on instant, at the parish of aforesaid, feloniously

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day of

the
receive, harbour, and maintain the said A. B.

3. The like, without the Principal, or where Principal

unknown. (Not in Jervis's Act.)

[Proceed as in No. 1, supra, to the asterisk*, then thus:]-that one A. B. of, &c. [or some person or persons unknown], on the

day of at the parish of , &c. did feloniously [describe the offence of the principal]: And that E. F. of &c. well knowing the said A. B. [or person unknown] to have committed the felony aforesaid, did afterwards, to wit, on the day of —, at the parish of aforesaid, feloniously

receive, harbour, and maintain the said A. B. [or person unknown.]

Vide 11 & 12

Vict. c. 46, s. 2.

4. Information to ground Search Warrant for Stolen Goods. Vide s. 4; (Not in Jervis's Act.)

Arch. p. 19;
Saund.
Oke's Synop.

12; p.

p. 301; and 7 & 8 Geo. 4,

[Proceed as in Form No. 1, to the asterisk*, then thus:]—that the following goods of [him] the said C. D. to wit, [describe them] were on the day of instant [or within days last past], by some person or persons unknown, feloniously stolen, taken, and carried away c. 29, s. 63. from and out of the dwelling-house [or as the case may be] of the said C. D., situate at —, in the parish of in the [county] aforesaid: And that he, this informant, hath probable cause to suspect, and doth suspect, that the said goods, or part thereof, are concealed in the dwellinghouse or premises [or us the case may be], in the occupation of A. B., situate at in the parish of in the [county] of

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5. Dying Declaration before a Justice in Cases of personal Vide 1 Arch. Injuries to the Declarant. (Not in Jervis's Act.) J. P. 4th ed. No particular form of this declaration is necessary; but it p. 291. well to state in this place that its principal ingredients, in order to its admissibility in evidence against a prisoner, are

may

be as

1. The cause of the death of the declarant must be the subject of
inquiry.

2. The circumstances of the death the subject of the declaration.
3. It must appear to have been made at a time when the declarant
(the deceased) was perfectly aware of his danger, and enter-
tained no hope of recovery.

If the accused can be brought into the presence of the person injured, the examination should be taken in the usual form; but if otherwise, the declaration, not on oath, should be taken by a justice in somewhat like the following form:-"I, C. D., of in the [county] of ——, do [here set out the statement in

hereby solemnly and sincerely declare that

the very words used]. Taken before me, at -, in the [county] of —,
this day of
1850. J. S., one of
peace for the said [county] of

her Majesty's justices of the

Vide s. 1; Arch. p. 5; Saund. p. 7; Oke's Synop. p. 305.

Vide s. 1; Id.

SECT. 2.-THE PROCESS TO ISSUE AGAINST OFFENDERS.

6. Warrant to apprehend a Person charged with an indictable Offence (B).

To the constable of
[county] of

Whereas A. B. of

and to all other peace officers in the said

-, [labourer], hath this day been charged upon
oath before the undersigned, [one] of her Majesty's justices of the peace
in and for the said county of
for that he on
at did [&c.
stating shortly the offence] (c): 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 of her Majesty's justices of the peace in
and for the said [county], to answer unto the said charge, and to be fur-
ther dealt with according to law.

Given under [my] hand and seal, this
our Lord
at in the [county] aforesaid.

day of

in the year of J. S. (L. s.)

7. Summons to a Person charged with an indictable

To A. B. of

Offence (C).

[labourer].

Whereas you have this day been charged before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of · for that you on

at

[&c. stating shortly the offence] (c): These are therefore to command you, in her Majesty's name, to be and appear before [me] on? at 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 to the said charge, and to be further dealt with according to law. Herein fail not.

11

Given under [my] hand and seal, this
day of
our Lord
at, in the [county] aforesaid.

in the year of

J. S. (L. s.)

8. Deposition of the Constable of the Service of the Summons.

(Not in Jervis's Act.)

[This will be the same as the Form No. 9, on "Summary Convictions," ante, p. 26.]

9. Warrant where the Summons is disobeyed (D).

To the constable of
[county] of

Whereas on the

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and to all other peace officers in the said last past, A. B. of

[labourer], was 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 summons]; And whereas [I] then issued [my] summons to the said A. B., commanding him, in her Majesty's name, to be and appear before [me] on

at

(c) If the offence were committed out of the justice's jurisdiction, but the offender be within it, add here the words as directed in note (b), ante, p. 258.

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