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CHAP. I.] Sect. 4. Compelling Witnesses' Attendance, &c.

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21. Warrant where a Witness has not obeyed a Summons Vide s. 7 (id.) (G 2).

To the constable of
[county] of -.

1

and to all other peace officers in the said

at

o'clock in the forenoon of the

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

day of

in the year

of

J. S. (L. s.)

22. Warrant for a Witness in the first instance (G. 3).

To the constable of
[county] of -.

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and to all other peace officers in the

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 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 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 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"].

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

our Lord

J. S. (L. s.)

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 [&c., as in the summons]; and one E. F.

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at

and

now appearing before me such justice as aforesaid, on being required by me to make oath or affirmation as a witness in that behalf, hath 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 your sufficient warrant.

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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)

day of

[Proceed to the asterisk as in the form of information, No. 1, ante, p. 23, then thus]: that information [&c., 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 [or "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.

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 information 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 sections. It would appear that the punishment of imprisonment "for not exceeding seven days, unless the witness shall in the mean time consent to be examined, 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. I.] Sect. 4. Of compelling Witnesses' Attendance, &c.

27. The like Information as No. 24, ante, for refusing to be
examined on Oath or Affirmation (b). (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 Ma-
jesty's justices of the peace in and for the said [county] of

day of

day 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 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 [or "being then and there duly sworn 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 his refusal, contrary, &c.

28. Conviction thereon.

[The same as 25, ante, adapted 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 Adjudication (d). (Not in Jervis's Act.)

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.=98., 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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Vide s. 14 (id.)

2. Where imprisonment only.-Convicted: To be imprisoned, with hard labour for two calendar months. Costs, 14s. 6d., to be paid forthwith, 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"] 1s., and costs 14s., (clerk's fees 10s. 6d., constable 3s. 6d.,) forthwith [or 66 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.]

Be it remembered, that on

31. Order of Dismissal of an Information or Complaint (L).
County of
information was laid [or
"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- at (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 in-

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in the said county unless the said sum

curred by him in his defence in this behalf; and if the said sum for costs
be not paid forthwith [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
[and there kept to hard labour] for the space of
for costs, and all costs and charges of the said distress [and of the com-
mitment 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
in the [county] aforesaid.
J. S. (L. s.)

at "

* If the informant or complainant do not appear, these words may be omitted.

32. Certificate of Dismissal (M).

I hereby certify, that an information [or "complaint"] preferred by C. D. against A. B., for that [&c. as in the summons] was this day considered 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 185-.

day of

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J. S.

(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.) (f)

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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 day of next"] pay to the said A. B. the sum of nine shillings for his costs incurred in 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].

the

I., G. and B.

Clerks to the Justices of the said Division.

Referred to in form No. 60, post.

34. Warrant of Distress for Costs upon an Order for
Dismissal of an Information or Complaint (Q. 1).
To the constable of and to all other peace officers in the said
[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 [&c. as in the order of dismissal]; and afterwards, to wit, on at (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

(ƒ) 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.

(g) 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 be omitted, 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."

Vide s. 18;
Arch. p. 151;
Oke's Syn. p.36.
Saund. p. 114;

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