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CHAP. I.] Sect. 4. Compelling Witnesses' Attendance, fc.

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21. Warrant where a Witness has not obeyed a Summons Vide s. 7 (id.)

7 (G 2). To the constable of and to all other peace officers in the said

[county) of — Whereas information was laid (or “complaint was made”) 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 - in the said [county) (labourer), was likely to give material evidence on behalf of the prosecutor), I did duly issue my summons to the said E. F., requiring him to be and appear on at — o'clock in the forenoon of the sarne day, at - before such justices of the peace for the said [county) as might then be there, to testify what he should know. concerning the said Ă. B., or the matter of the said information (or “complaint"):* 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 of a reasonable sum having been paid (or " tendered"] to him for his costs and expenses in that behalf: And whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse hath been offered for such neglect: These are therefore to command you to take the said E. F., and to bring and have him on

at - o'clock in the forenoon, at before such justices of the peace for the said [county) as may then be there, to testify what he shall know concerning the matter of the said information (or “complaint".] Given under ny hand and seal, this

day of

in the year of our Lord , at in the county) aforesaid.

J. S. (L. S.)

22. Warrant for a Witness in the first instance (G. 3).
To the constable of and to all other peace officers in the

[county] of
Whereas information was laid (or “complaint was made"] before the
undersigned (one) of her Majesty's justices of the peace in and for the
said (county) of for that (&c., us in the summons]; and it being
made to appear before me upon oath that E. F. of - [labourer], is
likely to give material evidence on behalf of the [prosecutor] in this
matter, and it is probable that the said E. F. will not attend to give evi-
dence without being compelled so to do: These are therefore to com-
mand you to bring and have the said E. F. before me on, at
o'clock in the forenoon, at — or before such other justices of the peace
for the said county as may then be there, to testify what he shall know
concerning the matter of the said information for "complaint").
Given under my hand and seal, this day of

in the year of our Lord in the (county) aforesaid.

J. S. (L. S.)

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23. Commitment of a Witness for refusing to be sworn or to

give Evidence (G. 4).
To W. T., constable of in the said [county] of —

and to
the keeper of the house of correction) at
Whereas information was laid (or “complaint was made"] before the
undersigned [one] of her Majesty's justices of the peace in and for the
said (county] of —, for that [gc., as in the summons]; and one E. F.

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now appearing before me such justice as aforesaid, on

and being required by me to make oath or affirmation as a witness in that behalf, bath now refused so to do (or “ being now here duly sworn as a witness in the matter of the said information (or complaint'], doth refuse to answer certain questions concerning the premises which are now 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 convey to the [house of correction) 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 [house of correction] to receive the said E. F. into your custody in the said (house of correction), and there imprison him for such his contempt for the space of - days, 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 cient warrant. Given under my hand and seal, this

day of

in the year

of our Lord in the county] aforesaid.

J. S. (L. s.)

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24. Information to ground a Summons or Warrant against a

Witness not attending to give Evidence (where the particular Statute imposes a Penalty for such Neglect), in order

to convict him. "(Not in Jervis's Act.)(a) [Proceed to the asterisk as in the form of information, No. 1, ante, p. 23, then thus): that information (8c., proceed as in No. 21, ante, to the asterisk *, then]: that the said E. F. was served with a duplicate of such summons by this informant, on the

instant, personally (or “ by leaving the same with N. O., at the said E. F.'s usual place of abode") at N., in the county of S. [and if the statute requires a tender], and at the same time tendered (or “ paid”] to the said E. F., the sum of for his costs and expenses in that behalf, and that the said E. F. hath [“ wilfully,” or as the statute may be,] neglected for " refused") to appear at the time and place appointed by the

said summons, and no just (or “ reasonable") excuse hath been offered for such neglect (or “refusal”], contrary, &c.

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25. Conviction thereon, where the Statutes require it. [Proceed as in either of the forms, No. 39 (I 1), or No. 40 (I 2), according as the penalty is to be recovered, stating the offence as in the above informution in the past tense.]

26. Commitment thereon. This is easily framed from the conviction (25).

(a) The statutes by which a penalty is imposed on a witness not attending in obedience to a summons, will be found in Oke's Synopsis, 2nd edit., 2nd column of Chap. II. of Part I. with the penalty, and a reference to the sectioos. It would appear that the punishment of imprisonment "for not exceeding seven days, unless the witness shall in the mean time consent to be amined, and to answer concerning the premises,” enacted by sect. 7 of 11 & 12 Vict. c. 43, would be cumulative upon such penalty. This information might be made by the constable who served the summons on the witness.

CHAP. 1.) Sect. 4. Of compelling Witnesses' Attendance, fc.

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27. The like Information as No. 24, ante, for refusing to be examined on Oath or Affirmation (6). (Not in Jervis's Act.)

[Proceed to the asterisk in the form of Information, No. 1, ante, p. 23, then thus :) That on the

last, information was laid (or "complaint was made"] before J. L., Esquire, one of her Majesty's justices of the peace in and for the said [county) of by C. D., of &c., that (&c., as in the summons to the defendant in the case), that one E. F. appeared on this

day of

before L. M., Esquire, one of her Majesty's justices of the peace in and for the said [county) of – at N., in the same county), as a witness in that behalf, and being required by the said last-mentioned justice to make oath or affirmation as a witness, refused and still doth refuse so to do for “ being then and there duly swom as such witness, refused and doth still refuse to answer certain questions concerning the premises which were then and there put to him"] without offering any just excuse for such bis refusal, contrary, &c.

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28. Conviction thereon.
[The same as 25, ante, adupted to above Information, 27.]

29. Commitment thereon. [This is easily framed from the Information 27, and Conviction (c).]

SECT. 5. THE HEARING AND ADJUDICATION, &c. 30. Minutes of Proceedings at the Hearing, with Adjudica- Vide Oke's Sytion (d). (Not in Jervis's Act.)

nopsis, 2nd ed.,

p. 31–53. C. D. against A. B.

4th day of January, 1850, at N. Before the Rev. J. T. B., clerk, and J. D., Esquire. The defendant appeared on a [warrant] granted by J. D. M., Esquire, charging him with assaulting and beating, at L., on the 3rd instant, one C. D.

Defendant, on being asked what he has to say, pleads guilty, or "complainant on his oath saith

E. F., of —, labourer, on his oath saith
or “complainant does not appear, and defendant attends with his wit-
nesses."
Adjudications.] 1. On dismissal.-Dismissed, with costs, viz. fees

for summonses to two witnesses, 4s., two witnesses’ attend.
ance, 5s.=9s., to be paid (forthwith] or levied by distress,
or in default imprisonment for fourteen days, unless costs
of distress and conveying to prison be paid.

(b) In some cases, where the statute allows it, the conviction might be immediate on the refusal, without an information or summons being previously taken.

(c) If no conviction is required by the particular statute, the Commitment No. 23, ante, p. 31, may be easily adapted to a pecuniary penalty punishment.

(d) These minutes may be either written on a separate paper, signed by the convicting justice or justices, and annexed to the information, or on the back of the information or summons or warrant, or in a separate book for that sole purpose.

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2. Where imprisonment only.–Convicted: To be imprisoned,

with hard labour for two calendar months. Costs, 14s. 6d.,
to be paid forth with, levied by distress, and in default
imprisonment for fourteen days additional, and to pay costs

of commitment and conveyance to prison, 18s. 6d.
3. Where a penalty.—Convicted: To pay penalty 5s., damage

(or “ value”] Is., and costs 14s., (clerk's fees 10s. od.,
constable 3s. 6d.,) forth with (or “on or before the 12th
instant"], to be recovered by distress, and in default one
calendar month's imprisonment with hard labour, unless

sooner paid, with costs of distress and conveyance to gaol.
[For the form of the terms of an adjudication on a complaint, vide form
No. 60, post, Minute of Order for Service, which will be similar.]

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133;

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Vide s, 14; 31. Order of Dismissal of an Information or Complaint (L).
Arch. p.

County of Be it remembered, that on
Saund. p. 108;

information was laid (or Oke's Syn. p.40.

“ complaint was made”) before the undersigned, (one) of her to wit. Majesty's justices of the peace in and for the said (county] of

for that [&c. as in the summons to the defendant], and now at this day, to wit, on - (e), both the said parties appear before me in order that I should hear and determine the said information or "complaint"], (or “ the said A. B. appeareth before me, but the said C. D., although duly called, doth not appear]; whereupon the matter of the said information (or “complaint”) being by me duly considered. (it manifestly appears to me that the said information (or “complaint"] is not proved, and*] I do therefore dismiss the same, (and do adjudge that the said C. D. do pay to the said A. B. the sum of for his costs incurred by him in his defence in this behalf; and if the said sum for costs be not paid forth with (or on or before -"], I order that the same be levied by distress and sale of the goods and chattels of the said C. D., and in default of sufficient distress in that behalf, I adjudge the said C. D. to be imprisoned in the [house of correction) at

in the said county [and there kept to hard labour] for the space of unless the said sum for costs, and all costs and charges of the said distress (and of the commitment and conveying of the said C. D. to the said [house of correction) ] shall be sooner paid. Given under my hand and seal, this

day of
in the year of our Lord at in the county) aforesaid.

J.S. (L. s.)
* If the informant or complainant do not appear, these words may be omitted.

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Vide s. 14 (id.)

32. Certificate of Dismissal (M).
I hereby certify, that an information (or “complaint"] preferred by
C. D. against A. B., for that [8c. as in the summons) was this day con-
sidered by me, one of her Majesty's justices of the peace in and for the
[county) of and was by me dismissed (with costs). Dated this
day of
185-

J. S.

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(e) If at an adjournment, insert here: To which day. the hearing of this case hath been duly adjourned, of which the said C, D, had due notice."

33. Minute of Order of Dismissal for Service under Sect. 17.

(Not in Jervis's Act.) ()

Division of N., Cambridgeshire.
No.
At a petty sessions of her Majesty's justices of the peace for the

said county, holden at N. in and for the said division, the 4th
day of January, 1850.

C. D., Complainant,

against

A. B., Defendant.
It is adjudged and ordered, that the information (or “complaint"] in
this case, for (state shortly the charge], be dismissed with costs, the said
C. D. not appearing [or the said information"]. (or “ complaint not
being proved']; and that the said C.D. shall forthwith (or "on or before
the day of - next”] pay to the said A. B. the sum of nine shil-
lings for his costs incurred his defence, to be recovered by distress, and
in default the said C. D. to be imprisoned for unless sooner paid
(with the costs of distress and of conveyance to gaol].

I., G. and B.
Clerks to the Justices of the said Division.
• Referred to in form No. 60, post.

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34. Warrant of Distress for Costs upon an Order for Vide s. 18; Dismissal of an Information or Complaint (Q. 1).

Arch. p. 151; To the constable of and to all other peace officers in the said Oke's Syn.p.36.

Saund. p. 114; [county] of Whereas on last past, information was laid (or "complaint was made"] before the undersigned, (one) of her Majesty's justices of the peace in and for the said [county), for that [8c. as in the order of dismissal]; and afterwards, to wit, on

-(g), both parties appearing before me in order that I should hear and determine the same, (and the several proofs adduced to me in that behalf being by me duly heard ond considered, and it manifestly appearing to me that the said information (or "complaint”] was not proved(h),] I therefore dismissed the same, and adjudged that the said C. D. should pay to the said A. B. the sum of for his costs incurred by him in his defence in that behalf; and I ordered that if the said sum for costs should not be paid [forthwith), the same should be levied of the goods and chattels of the said C. D.; (and I adjudged that in default of sufficient distress in that behalf, the said C. D. should be imprisoned in the [house of correction) at

in the said [county], [and there kept to hard labour] for the space

(f) This minute should be issued in duplicate, and the time and mode of serving indorsed upon it by the person who served it, and retained by the clerk to the justices.

(8) If the order of dismissal were made at an adjourned hearing, insert here : " To which day the hearing of this case was duly adjourned, of which the said C. D. had due notice.”

(h) If the informant or complainant do not appear, these words are to he emitted, and inserted as in the order of dismissal, No. 31 : “ The said A. B. appearing before the said justice, but the said C. D., although duly called, not appearing.”

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