Vide s. 16; Arch. p. 42; Saund. p. 27; Oke's Synop. p. 314.

instant, at

o'clock in the

before me on the said day of
forenoon, or before snch 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.

24. Notice of such Recognizance, to be given to the Accused and his Sureties (Q. 3).

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, on the day of instant, 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 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

184-.

day of
J. S.

25. Certificate of Non-appearance, to be endorsed on the

Recognizance (Q. 4).

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.

26. Deposition that a Person is a material Witness. (Not in Jervis's Act.)

[This will be the same as Form No. 18, ante, p. 30, except that the witness must be stated to be likely to give material evidence for the prosecution only.]

27. Summons of a Witness (L. 1).

To E. F. of - -, [labourer].

Whereas information hath been laid before the undersigned [one] of her Majesty's justices of the peace in and for the said [county] ofthat A. B. [&c., as in the summons or warrant against the accused], and it hath been made to appear to me upon [oath] that you are likely to give material evidence for the [prosecution]: These are therefore to require you to be and to appear before me on o'clock in the forenoon, at, or before such other justice or justices of peace for the same county as may then be there, to testify what you shall know concerning the said charge so made against the said A. B. as aforesaid. Herein fail not.

the

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

next, at

in the year of

J. S. (L. s.)

28. Deposition of Constable of the Service of the last Summons. (Not in Jervis's Act.)

[This will be the same as Form No. 9, ante, p. 26, no tender of expenses being necessary in indictable offences.]

29. Warrant where a Witness has not obeyed a Summons. (L. 2).

To the constable of
[county] of

and to all other peace officers in the said

at

or

Whereas information having been laid before the undersigned [one] of her Majesty's justices of the peace in and for the said [county] of that A. B. [&c. as in the summons], and it having been made to appear to me upon oath that E. F., of. [labourer], was likely to give material evidence for the prosecution, I did duly issue my summons to the said E. F., requiring him to be and appear before me on before such other justice or justices of the peace for the same county as might then be there, to testify what he should know respecting the said charge so made against the said A. B. as aforesaid: And whereas proof hath this day been made before me upon oath of such summons having been duly served upon the said E. F.: And whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered for such neglect: These are therefore to command you to bring and have the said E. F. before me, 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 testify what he shall know concerning the said charge so made against the said A. B. as aforesaid.

on

at

day of

in the year of

in the [county] aforesaid.

J. S. (L. s.)

30. Warrant for a Witness in the first instance (L. 3).

To the constable of and to all other peace officers in the said [county] of

Whereas information hath been laid before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of that [&c. as in summons], and it having been made to appear to me upon oath that E. F., of [labourer], is likely to give material evidence for the prosecution, and that it is probable that the said E. F. will not attend to give evidence without being compelled so to do: These are therefore to command you to bring and have the said E. F. 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 testify what he shall know concerning the said charge so made against the said A. B. as aforesaid.

Given under my hand and seal, this our Lord

day of

in the year of

J.S. (L. s.)

—, at ——, in the [county] aforesaid.

31. Warrant of Commitment of a Witness for refusing to be sworn, or to give Evidence (L. 4).

To the constable of and to the keeper of the [house of correcin the said [county] of

-

tion] at Whereas A. B. was lately 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 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, at ——, 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 [house of correction] at --, in the county 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 [house of correction] to receive the said E. F. into your custody in the said [house of correction], 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 day of, in the year of our Lord in the [county] aforesaid. J. S. (L. s.)

at -

32. Warrant of Commitment of a Witness for refusing to be sworn, or to give Evidence, who attends without a Summons. (Not in Jervis's Act.)

To the constable [as Form No. 31.]

Whereas A. B. was this day brought before me, the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of for that he, the said A. B., did on the day of last, at the parish of, in the [county] aforesaid, [here state the charge as in the caption of the depositions]: And whereas one E. F. of &c., here in the presence of the said A. B., now under examination before me the said justice on the charge aforesaid, now voluntarily appears as a witness for the prosecution in that behalf, and the said E. F. appearing to me, upon oath, likely to give material evidence for the prosecution, but 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, [follow in the Form No. 31 to the asterisk*, then thus,] until he shall submit to be examined on oath or affirmation, and to answer concerning the premises, and for your so doing, &c. [to end of No. 31.]

SECT. 5.-THE PRELIMINARY EXAMINATION.

33. Depositions of Witnesses (M). (a)

The examination of C. D. of

[farmer], and E. F. of to wit. [labourer], taken on [oath] this day of in the year of our Lord- at in the [county] aforesaid, before the undersigned, [one] of her Majesty's justices of the peace for the said [county] (b), in the presence and hearing of A. B., who is charged this day before [me], for that he, the said A. B., on at -, [&c. describing the offence as in a warrant of commitment.]

When

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.
his deposition is complete, let him sign it.]

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

me at

Vide ss. 17, 19,

Arch. p. 48, 53;

Saund. p. 30,36; Oke's Synop. p. 317, 318.

J. S.

34. Re-examination of the Witnesses, to be written on the same Paper. (Not in Jervis's Act.)

The examination of F. G. of &c. taken on [oath] this

day of in the year of our Lord - at aforesaid, before me, the justice aforesaid, [or the undersigned], [one] of her Majesty's justices of the peace for the said [county], on the re-examination and in the presence and hearing of the said A. B., charged with the offence aforesaid.

This deponent, F. G. on his [oath] saith as follows: [proceed as in Form No. 33, supra, and placing a jurat at the conclusion.]

35. Memorandum, to be written where the Accused does not make a Statement. (Not in Jervis's Act.)

The above-named prisoner, A. B., after having been duly cautioned, declines [under the advice of his attorney] to make any statement, [or says he has nothing to say.]

J. S.

[N.B. This should be written after the jurat to the depositions.]

(a) Where the accused is brought before the justice without warrant, an information need not be taken, the statement of the charge in the caption of the depositions being sufficient.

(b) Where the depositions are taken out of the county where the offence was committed by a justice of that and the adjoining county, where they were taken, erase the word "said," and insert "counties of C. and S., being adjoining counties," then the place of taking them being correctly inserted in the blanks for that purpose, they would show the justices' jurisdiction.

" cross

(c) Where the accused interposes an observation during the examination of a witness, insert it in this manner: "The prisoner here voluntarily says" [put his very words.] The cross-examination should likewise be taken down, as examined by [Mr. J., Attorney,] for the accused." And where the accused himself cross-examines the witness, the answer as well as the question may be taken down.

Vide s. 18; Arch. p. 50; Saund. p. 33; Oke's Synop. p. 319.

Vide s. 25; Arch. p. 78; Saund. p. 48; Oke's Synop.

P. 320.

36. Memorandum to be written on Documents produced in
Evidence. (Not in Jervis's Act.)

This is the plan [or as the case may be] produced to me, the under-
signed, [one] of her Majesty's justices of the peace for the [county] of
on the examination of A. B., charged with arson, [forgery, &c.]
and referred to in the examination of C. D. touching the said charge, this
day of 1850.
"

of

37. Statement of the Accused (N). (d)

J. S.

A. B. stands charged before the undersigned, [one] of her Majesty's
justices of the peace in and for the [county] aforesaid, this day
in the year of our Lord- for that he, the said A. B., on
at -, [&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
nealy as possible. Get him to sign it if he will.]

Taken before me at

A. B.

*The purport of the proviso in s. 18 of 11 & 12 Vict. c. 42, should
also be stated to the accused in the following form:
"And you are also clearly to understand that you have nothing to
hope from any promise of favour, and nothing to fear from any
threat which may have been holden out to you to induce you to
make any admission or confession of your guilt; but whatever you
shall now say may be given in evidence against you upon your
trial, notwithstanding such promise or threat."

+ If the accused, after making a statement, calls witnesses to account
for his possession of the stolen property, or the like, write as
follows at the foot of the statement:-"The above-named pri-
soner, A. B., after making the above statement in answer to the
charge, offers the following witnesses to be examined on his behalf,
namely, G. H., of the parish of · in the said county of -
labourer, and I. K., of the same parish, farmer, &c.
The said G.H. on his [oath] suith as follows:"-[stating the words he
uses in the usual manner.]

38. Warrant of Commitment (T. 1).

To the constable of —, and to the keeper of the [house of correction]
in the said [county] of

at

Whereas A. B. was this day charged before me, J. S., one of her
Majesty's justices of the peace in and for the said [county] of

on the

(d) A separate statement should be used for each accused person, where more than one concerned in the same offence.-Vide Mem. No. 35, ante, p. 269, where the accused does not make a formal statement.