E. F. out of your custody as to the said commitment, and suffer him to go at large. Given under [my] hand and seal, this our Lord day of in the year of J.S. (L.S.) SECT. 7.-OF BAILING ACCUSED AFTER EXAMINATION. 48. Recognizance of Bail (S. 1). Be it remembered, that on the Lord day of - in the year of our —, A. B., of -, [labourer], L. M., of -, [grocer], and N. O., of [butcher], personally came before [us] the undersigned, two of her Majesty's justices of the peace for the said [county], 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 sum of — each, of good and lawful money of Great Britain, to be made and levied of their 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. fail in the condition indorsed. Taken and acknowledged, the day and year first above mentioned, before us, at J. S. Condition in ordinary Cases.]-The condition of the within-written recognizance is such, that whereas the said A. B. was this day charged before [us], the justices within mentioned, for that [&c., as in the warrant]; if therefore the said A. B. will appear at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace] to be holden in and for the [county] of and there surrender himself into the custody of the keeper of the [common gaol] there, and plead to such indictment as may be found against him by the grand jury, for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said court without leave, then the said recognizance to be void, or else to stand in full force and virtue. Condition where the Defendant is entitled to a Traverse.]—The condition of the within-written recognizance is such, that whereas the said A. B. was this day charged before [me], the justice within mentioned, for that [&c., as in the warrant or summons]; if therefore the said A. B. will appear at the next court of general quarter sessions of the peace [or court of oyer and terminer and general gaol delivery] to be holden in and for the [county] of - and there plead to such indictment as may be found against him by the grand jury for or in respect of the charge aforesaid, and shall afterwards, at the then next court of general quarter sessions of the peace [or court of oyer and terminer and general gaol delivery], surrender himself into the custody of the keeper of the [house of correction] there, and take his trial upon the said indictment, and not depart the said court without leave, then the said recognizance to be void, or else to stand in full force and virtue. 49. Notice of the said Recognizance to be given to the Accused and his Bail (S. 2). 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, &c. [as in the condition of the recognizance], and not depart the said court without leave; and unless you the said A. B. personally appear and plead, and take your trial accordingly, the recognizance entered into by you and your sureties shall be forthwith levied on you and them. Dated this day of 184-. J. S. 50. Certificate of Consent to Bail by the committing Justice, on a separate Paper from the Commitment (S. 4). Whereas A. B. was on the committed by me to the [house of correction] at charged with [&c. stating the offence shortly]: I hereby certify, that I consent to the said A. B. being bailed by recognizance, himself in and [two] sureties in Dated the day of 184-. each. J. S. 51. Warrant of Deliverance on Bail being given for a Prisoner already committed (S. 5). To the keeper of the [house of correction] at [county] of in the said Whereas A. B. late of -, [labourer], hath before [us, two] of her Majesty's justices of the peace in and for the said county,* entered into his own recognizance, and found sufficient sureties for his appearance at the next court of oyer and terminer and general gaol delivery, [or court of general quarter sessions of the peace], to be holden in and for the county of to answer our sovereign lady the Queen, for that [&c., as in the commitment], for which he was taken and committed to your said [house of correction]: These are therefore to command you, in her said Majesty's name, that if the said A. B. do remain in your custody in the said [house of correction] for the said cause, and for no other, you shall forthwith suffer him to go at large. Given under our hands and seals, this of our Lord at in the [county] aforesaid. day of in the year J. S. (L. s.) 52. The like, by committing Justice, on Recognizances of Sureties being taken before him, conditional on Accused entering into his own. (Not in Jervis's Act.) (a) Proceed as in Form No. 51, supra, to the first asterisk, * then thus:]— found sufficient sureties for his appearance; [follow to end, then add :] upon his duly entering into his own recognizance in the manner and form mentioned in my certificate indorsed upon the warrant of commitment in this behalf. (a) This is instead of the parchment recognizance, as required by the 23rd section, being transmitted to the keeper. 53. Recognizance of Bail upon Habeas Corpus. (From Arch. Prac. Cr. Office, 335.) in the Be it remembered, that on the — day of · year of the reign of our sovereign lady Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland Queen, Defender of the Faith, I. S. of [&c. inserting the names and additious of defendant and bail (b),] came before me J. P., Esquire, one of her Majesty's justices of the peace in and for the county of, and acknowledged to owe to our sovereign lady the Queen the several sums following, that is to say, the said J. S. the sum of £, and the said A. B., C. D., E. F., and G. H. the sum of £each of lawful money of Great Britain, to be levied upon their several goods and chattels, lands and tenements, to her Majesty's use, upon condition that if the said J. S. shall personally appear at the next [assizes and sessions of oyer and terminer and general gaol delivery, or general quarter sessions of the peace] to be holden in and for the county of and then and there answer to all such matters and things as on her Majesty's behalf shall then and there be objected against him, and so from day to day, and not depart that court without leave, then this recognizance to be void, or else to remain in full force. Taken and acknowledged the day and year first above said at Before me, J. P. 54. Notice of Bail, where required to be given. (Not in Jervis's Act.) to wit. C. D. against A. B. for } Take notice, that W. B. of No. 9, and R. W. of will, on Street, in the of next, the - day of such of her Majesty's as shall be then pre instant, at o'clock in the forenoon, before justices of the peace for the said [county] of sent at the -1 become bail for the personal appearance of the abovenamed A. B. at the next [sessions of the peace] to be holden in and for the said [county], there to answer and plead to the indictment preferred and found at the last sessions for [stating offence shortly.] Dated this day of To Mr. C. D., the prosecutor, 1850. C. P. solicitor for the said A. B. [or Mr. O. B., solicitor for the prosecution.] 55. Complaint of Bail for a Person charged with an Indictable Offence, in order that he might be committed in Discharge of their Recognizance. (Not in Jervis's Act.) Proceed in the Form No. 1, ante, p. 258, to the asterisk,⚫ altering it to two complainants, if there be more than one surety, then thus:]-that they the said C. D. and E. F. were on the day of now last past, severally and respectively dnly bound by recognizance befor J. P., Esquire, one of her Majesty's justices of the peace for the said [county] of in the sum of each, upon condition that one A. B., of &c. should appear at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace] to be holden in and for (b) There must be four sureties in cases of felony, two in misdemeanor, (Arch. Pr. Cr. O. 331.) the [county] of and there surrender himself into the custody of the keeper of the [common gaol] there, and plead to such indictment as might be found against him by the grand jury for or in respect of the charge of [stating the charge shortly], and take his trial upon the same, and not depart the said court without leave; and that these complainants have reason to suspect and believe, and do verily suspect and believe, that the said A. B. is about to depart from this part of the country; and therefore they pray of me the said justice that I would issue my warrant of apprehension of the said A. B. in order that he may be surrendered to prison in discharge of them his said bail. Before me J. P. C. D. 56. Warrant to apprehend the Person charged. (Not in Jervis's Act.) (a) To the constable of [county] of and to all other peace officers in the said and to C. D. and E. F. severally and re Whereas you the said C. D. and E. F. have this day made to wit. complaint to me the undersigned, one of her Majesty's justices of the peace in and for the said [county] of that you the said C. D. and E. F. were &c. [as in the complaint, No. 55, supra, to the end]: These are therefore to authorize you the said C. D. and E. F., and also to command you the said constable, 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 the intent that he may be committed to the [common gaol] in and for the said [county], until the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace to be holden in and for the said [county] of unless he find new and sufficient sureties to become bound for him in such recognizance as aforesaid. Given under my hand and seal, this our Lord at in the [county] aforesaid. day of in the year of J. S. (L. s.) 57. Commitment of the Person charged, on Surrender of his Bail after Apprehension under a Warrant. (Not in Jervis's Act.) To the constable of instant complaint was made to to wit. me the undersigned [or J. S.], one of her Majesty's justices of the peace in and for the said [county] of - by C. D. and E. F. of &c., that [as in the complaint, No. 55, supra, to the end], I [or the said justice] thereupon issued my warrant authorizing the said C. D. and E. F., and also commanding the said constables of and all other peace officers in the said [county] of - in her Majesty's name, forthwith to apprehend the said A. B. and to bring him [follow to end of warrant, No. 56, supra]; And whereas the said A. B. hath been apprehended under and by (a) The bail may apprehend their principal without warrant (1 Hale's Sum. 96; 12 J. P. 842; 13 J. P. 366,) and therefore this warrant is not indispensably requisite; but it may prevent any breach of the peace. Oke's Synop. 2nd ed. Vide s. 26; virtue of the said warrant, and being now brought before me the said Given, &c. [as Form No. 56, ante.] 58. The like, where apprehended by the Bail without Warrant. (Not in Jervis's Act.) To the constable of and to the keeper of the [house of correc tion] at in the said [county] of Whereas A. B. of &c. hath been this day brought before me, to wit. the undersigned, one of her Majesty's justices of the peace in and for the said [county] of and surrendered in discharge of his bail by C. D. and E. F., who it duly appears to me on the day of last past severally and respectively became duly bound by recognizance before J. P. Esquire, one of her Majesty's justices of the peace for the said [county] of -, in the sum of each, conditioned for the personal appearance of the said A. B. at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace] to be holden in and for the said [county] of· and there surrender himself into the custody of the keeper of the [house of correction] there, and plead to such indictment as might be found against him by the grand jury for or in respect of the charge of [stating the charge shortly], and take his trial upon the same, and not depart the said court without leave, they the said C. D. and E. F., as such bail, praying that the said A. B. may be committed in discharge of their said recognizance; And whereas the said A. B., being by me required to find new and sufficient suretics to become bound for him in such recognizance as aforesaid, hath now refused so to do: These, &c. [to end of Form No. 57, ante.] SECT. 8.-OF COSTS ATTENDING PROSECUTION, &C. p. 335-338. 59. Gaoler's Receipt to the Constable for the Prisoner, and Justice's Order thereon for Payment of the Constable's Expenses in executing the Commitment (T2). Arch. P. 80; Saund. P. 49. I hereby certify, that I have received from W. T., constable of the body of A. B., together with a warrant under the hand and seal of J. S., Esquire, one of her Majesty's justices of the peace for the [county] and that the said A. B. was [sober, or as the case may be,] at the time he was so delivered into my custody. of P. K. Keeper of the house of correction [or common gaol] at |