oath of C. D. of -, [farmer], and others, for that, [&c. stating shortly day of in the [county] aforesaid. J. S. (L. s.) at * It will be observed that this commitment does not state whether the accused is to be tried at the assizes or sessions, or where. Although not necessary, it might be advisable, for the guidance of the keeper of the gaol, where the precise nature of the charge cannot be gathered from the short statement of the offence in this form, to insert at this place :-" The next court of oyer and terminer, or general gaol delivery, or [court of general quarter sessions of the peace], to be holden in and for the said [county] of or 38 a. Warrant of Commitment of Accused for Trial, where he is brought up on Remand by the Keeper. (Not in Jervis's Act.) (e) To the keeper of the [house of correction] at of in the said [county] Whereas A. B. was this day brought up by you, the keeper of the [house of correction], and further charged before me, J. S., one of her Majesty's justices of the peace in and for the said [county] of —, for that, [&c. stating shortly the offence], and by me now here ordered to be committed for trial: These are therefore to command you, the said keeper, to take back the said A. B. to the said [house of correction], and there safely keep him in your custody until, &c. [as No. 38.] 39. Certificate of Consent to Bail by the committing Justice, indorsed on the Commitment No. 38, or 38 a, (S. 3). I hereby certify that I consent to the within named A. B. being bailed by recognizance, himself in and [two] sureties in each. J. S. (e) The Form No. 38 may be easily altered to this when required. 40. Register of Persons committed or held to Bail for Indictable Offences. (Oke's Synopsis, 2nd edit. p. 323.) 41. Warrant to convey the Accused before a Justice of the County, &c. in which the Offence was committed (R 1). To W. T., constable of said [county] of Whereas A. B., of and to all other peace officers in the [labourer], hath 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 [&c. as in the warrant to apprehend]: And whereas [1] have taken the deposition of C. D., a witness examined by [me] in this behalf; but inasmuch as [I] am informed that the principal witnesses to prove the said offence against the said A. B. reside in the [county] of C., where the said offence is alleged to have been committed: These are therefore to command you the said constable, in her Majesty's name, forthwith to take and convey the said A. B. to the said [county] of C., and there carry him before some justice or justices of the peace in and for that [county], and near unto the [parish of D.], where the offence is alleged to have been committed, to answer further to the said charge before him or them, and to be further dealt with according to law; and [1] hereby further command you the said constable to deliver to the said justice or justices the information in this behalf, and also the said deposition of C D. now given into your possession for that purpose, together with this precept. Given under my hand and seal, this day of in the year of our Lord at in the [county] J. S. (L.S.) 42. Order for Payment of the Constable's Expenses (R 2). in the said county of C., a distance of miles, and produced the said sum of day of SECT. 6.-OF BINDING OVER PROSECUTOR AND WITNESSES, &c. day of J. P. in the year of our Vide s. 20; in the said county, Arch. p. 55; 43. Recognizance to prosecute or give Evidence (O. 1). Be it remembered, that on the Lord C. D., of, in the township of farmer [or C. D., of No. 2, street, in the parish of —, in the Saund. p. 37; borough of —, surgeon, of which said house he is tenant], personally Oke's Synop. came before me, one of her Majesty's justices of the peace for the said p. 327. county, and acknowledged himself to owe to our sovereign lady the Queen, the sum of, of good and lawful money of Great Britain, 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 C. D. shall fail in the condition indorsed. Taken and acknowledged, the day and year first above mentioned, at * and there prefer or cause to be preferred a bill of in- Condition to prosecute and give Evidence.]-Same as the last form T Condition to give Evidence.]— Same as the last form but one to the asterisk*, and then thus:-and there give such evidence as he knoweth upon a bill of indictment to be then and there preferred against the said A. B. for the offence aforesaid, as well to the jurors who shall there inquire of the said offence as also to the jurors who shall pass upon the trial of the said A. B. if the said bill shall be found a true bill, then the said recognizance to be void, or else to stand in full force and virtue. 43 a. The three Conditions of the above Recognizance in one Form. (Not in Jervis's Act.) Proceed from the asterisk in the "Condition to prosecute," supra, then thus:]-and there [prefer or cause to be preferred a bill of indictment for the offence aforesaid against the said A. B., and there also duly prosecute such indictment, [and give evidence thereon as well to the jurors who shall then inquire of the said offence as also to them who shall pass upon the trial of the said A. B.]-give such evidence as he knoweth upon a bill of indictment to be then and there preferred against the said A. B. for the offence aforesaid, as well to the jurors who shall there inquire of the said offence as also to the jurors who shall pass upon the trial of the said A. B., if the said bill shall be found a true bill]—then the said recognizance to be void, or else to stand in full force and virtue. 44. Notice of the said Recognizance to be given to the Prosecutor and his Witnesses (0.2). are bound in the sum of [general quarter -, to be holden at Take notice, that you C. D., of to wit. S of to appear at the next court sessions of the peace] in and for the [county] of in the said [county], and then and there [prosecute and] give evidence against A. B.; and unless you then appear there, and [prosecute and give evidence accordingly, the recognizance entered into by you will be forthwith levied on you. Dated this day of 184-. J. S. 45. The like, with Variation, where there is a Surety for a Witness. (Not in Jervis's Act.) Take notice, that you, C. D., of, &c., are bound in the sum of pounds to appear [or for the appearance of L. M., of &c., a minor, or the wife of J. M., of &c., as the case may be], at the next court of general quarter sessions of the peace [or oyer and terminer and general gaol delivery] in and for the said [county] of, to be holden at in the said [county] of, and then and there to [prosecute and] give evidence against A. B. for [felony], and unless you [he] then appear [appears and prosecute] and give evidence accordingly, the recognizance entered into by you will be forthwith levied on you. Dated this day of 18-. J. S., Justice of the Peace for the aforesaid [county] of· 46. Commitment of Witness for refusing to enter into the Recognizance (P. 1). -. To the constable of and to the keeper of the [house of correction] at in the said [county] of Whereas A. B., who 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 to the witness], 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 summous 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], 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 [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], there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime such E. F. shall duly enter into such recognizance as aforesaid in the sum of pounds, before some one justice of the peace for the said [county], conditioned in the usual form to appear at the next court of [oyer and terminer or general gaol delivery, or general quarter sessions of the peace], to be holden in and for the [county] of and there to give evidence before the grand jury upon any bill of indictment which may then and there be preferred against the said A. B. for the offence aforesaid, and also to give evidence upon the trial of the said A. B. for the said offence, if a true bill should be found against him for the same. Given under my hand and seal, this day of our Lord, at in the [county] aforesaid. in the year of 47. Subsequent Order to discharge the Witness (P. 2). To the keeper of the [house of correction] at of day of in the [county] [instant], reciting Whereas by [my] order, dated the that A. B. was lately before then charged before [me] for a certain offence therein mentioned, and that E. F. having appeared before [me], and being examined as a witness for the prosecution in that behalf, refused to enter into a recognizance to give evidence against the said A. B., and [I] therefore thereby committed the said E. F. to your custody, and required you safely to keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter into such recognizance as aforesaid: And whereas, for want of sufficient evidence against the said A. B., the said A. B. has not been committed or holden to bail for the said offence, but, on the contrary thereof, has been since discharged, 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 |