at

and to all other peace officers in the said (B) Warrant

where the sum

To the constable of [county] of Whereas on last past information was laid [or "complaint was mons is dismade"] before the undersigned (g), [one] of her Majesty's justices of the obeyed. peace in and for the said county of for that A. B. [&c. as in the summons]: And whereas I (h) then issued my summons unto the said A. B., commanding him, in her Majesty's name, to be and appear on o'clock in the forenoon, at O before such justices of the peace for the said county as might then be there, to answer to the said information [or "complaint"], and to be further dealt with according to law: And whereas the said A. B. hath neglected to be or appear at the time and place so appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons hath been duly served upon the said A. B. These are thereforo to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before some one or more of her Majesty's justices of the peace in and for the said county, to answer to the said information [or complaint"], and to be further dealt with according to law. Given [&c. us (A), ante, 66].

(g) Or "before J. L. esquire, one &c."
(h) Or" the said justice."

To the constable of [county] of -.

and to all other peace officers in the said (C) Warrant in the first

Whereas information hath this day been laid before the undersigned, instance. [one] of her Majesty's justices of the peace in and for the said [county] of, for that A. B. [here state shortly the matter of the information]; and oath being now made before me substantiating the matter of such information: These are therefore to command you, in her Majesty's name, forthwith to apprehend the said A. B., and to bring him before some one or more of her Majesty's justices of the peace in and for the said county, to answer to the said information, and to be further dealt with according to law. Given [&c. as (A), ante, 66.]

Whereas proof upon oath hath this day been made before me, (K) Indorseto wit. one of her Majesty's justices of the peace for the said [county] of ment in backing that the name of J. S. to the within warrant subscribed is of the a warrant (i). handwriting of the justice of the peace within mentioned: I do therefore hereby authorize W. T., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all constables and other peace officers of the said [county] of to execute the same within the said last-mentioned [county], and to bring the said A. B., if apprehended within the same [county], before me, or before some other justice or justices of the peace of the [same county] to be dealt with according to law. Given under my hand, this day of 185-.

J. L.

The words following this asterisk are to bs used only where the justice backing the warrant shall think fit, and may be omitted in backing English warrants in Ireland, Scotland, &c., or in buckiug Irish or Scotch warrants, &c. in England.

(i) This form is taken from the 11 & 12 Vict. c. 42. See s. 3 of 11 & 12 Vict. c. 43, which incorporates these provisions.

(2) On Complaints.

The provisions before digested as to the process to be issued on Informations, and the manner of the service and execution, will apply to Complaints, except that no warrant can be issued on a complaint in the first instance (see ss. 2, 10).

The forms applicable to Complaints would be (A), (Aa), (B) and (K), ante, pp. 66, 67.

Before hearing.

At hearing.

On variances.

SECT. 3. OF REMANDING DEFENDANT AND TAKING BAIL (a)
BEFORE HEARING AND ADJUDICATION.

Before or during the hearing (b) of any information or complaint, one justice or the justices present, in their discretion, may adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties, and in the meantime the said justice or justices may suffer the defendant to go at large, or may commit ((D), post, 70) him to the common gaol or house of correction or other prison, lock-up house or place of security in the county, &c., or to such other safe custody as the said justice or justices shall think fit, or may discharge him upon his entering into a recognizance ((E), post, 70) (c) with or without surety or sureties, at the discretion of such justice or justices, conditioned for his appearance at the time and place to which such hearing or further hearing shall be adjourned (s. 16).

Bail for a defendant may also be taken at the hearing under the following circumstances :-where there is any variance (d) between an information (s. 9) or complaint or summons (s. 1),

(a) There was no general power formerly to bail before conviction, and it could not be done unless expressly authorized by the particular statute, and these instances were very few.

(b) Before the hearing, would apply to cases where a defendant is apprehended before the usual day of petty sessions, and the witnesses are not therefore in attendance, or where two justices are necessary to adjudicate, and only one is present at the time and place appointed by the summons, &c. for the hearing. During the hearing, would apply to cases where the hearing has taken place, or partly taken place, and a material witness is absent, and the justices wish to adjourn to obtain his attendance, or to take time to consider their judgment, and also where variances have misled the defendant.

thus;

(c) This is usually done by the magistrate or his clerk stating to the person bound and his sureties the substance of the recognizance, in the second person, "You A. B., you D. E., and you F. G., severally acknowledge yourselves to owe to our sovereign lady the queen the several sums following, that is to say, you the said A. B. the sum of you the said F. G. the sum of , you the said D. E. the sum of stating the condition as in the written recognizance, but in the second person. to be void if you - ;" then (d) See s. 9, ante, 52, what are deemed material variances.

and

defendant be

or a warrant of apprehension (s. 3), and the evidence adduced on the part of the informant or complainant, and it shall appear to the justice or justices present and acting at such hearing that the party has been thereby deceived or misled, the justice or justices, upon such terms as he or they shall think fit (e), may adjourn the hearing of the case to some future day (ss. 1, 3, 9) (ƒ), and commit ((H), post, 71) the defendant, or take a recognizance as before observed (ss. 3, 9). On the Remand on aphearing, if defendant do not attend in obedience to the sum- prehension of mons, and a warrant has been granted, when apprehended he fore time of may be brought before the same or some other justice or jus- hearing. tices of the same county, &c., who shall thereupon, either by his or their warrant ((H), post, 71) commit such defendant to the house of correction (&c. as ante, 68), or, if he or they think fit, verbally to the custody of the constable or other person who shall have apprehended him, or to such other safe custody as he or they shall deem fit, and order the defendant to be brought up at a certain time and place (g), before such justice or justices as shall then be there, of which said order the complainant or informant shall have due notice (s. 13) (h).

If the complainant or informant, having had such notice, do not appear by himself, his counsel or attorney, the justice or justices shall dismiss the complaint or information, unless for some reason he or they shall think proper to adjourn the hearing of the same unto some other day, upon such terms as he or they shall think fit; in such case they may commit or bail (s. 13) in manner and by the same forms as before referred to.

On nonappear

ance of com

plainant.

nonappearance.

In each of the cases above mentioned (by ss. 3, 9, 13, 16) Estreating the there is a proviso for estreating the recognizance if the defend- recognizance on ant shall not afterwards appear at the time and place mentioned in such recognizance, which is, that "the said justice who shall have taken the said recognizance, or any justice or justices who may then be there present, upon certifying ((F), post, 71) upon the back of the said recognizance the nonappearance of the defendant, may transmit such recognizance to the clerk of the peace of the county, riding, division, liberty, city, borough or place within which such recognizance shall have been taken, to

(e) This is presumed to refer to the costs consequent upon the adjournment and bail being received.

(f) There is no limit placed to this adjournment.

(g) There is no provision in this case for bailing the defendant.

(h) It omits to provide for the service of this notice; it is presumed the clerk to the justices should give it. Vide Form (Ha), post, p. 72.

be proceeded upon in like manner as other recognizances (i), and such certificate shall be deemed sufficient primû facie evidence of such nonappearance of the said defendant."

(D) Warrant of committal for safe custody during au ad

journment of the hearing.

FORMS.

and to the keeper of the [house of cor

To W. T., constable of rection] at Whereas on last past information was laid [or "complaint was made"] before the undersigned (j), [one] of her Majesty's justices of the peace in and for the said [county] of, for that [&c. as in the summons]: And whereas the hearing of the same is adjourned to the day of instant at o'clock in the forenoon at —, and it is necessary that the said A. B. should in the mean time be kept in safe custody: These are therefore to command you the said constable, in her Majesty's name, forthwith to convey the said A. B. to the [house of correction] at —, , and there deliver him into the custody of the keeper thereof, together with this precept; and I hereby command you the said keeper to receive the said A. B. into your custody in the said [house of correction], and there safely keep him until the day of instant, when you are hereby required to convey and have him the said A. B., at the time and place to which the said hearing is so adjourned as aforesaid, before such justices of the peace for the said [county] as may then be there, to answer further to the said information [or "complaint"] and to be further dealt with according to law. Given under my hand and seal, this in the year of our Lord

day of [county] aforesaid.

at

in the

(E) Recognizance for the appearance of the defendant

where the case is adjourned,

or not at once

proceeded with.

A. B. of

Be it remembered, that on [labourer], and L. M. of [grocer], personally came before the undersigned (k), [one] of her Majesty's justices of the peace in and for the said [county] of and severally acknowledged themselves to owe to our sovereign lady the queen the several sums following; (that is to say) the said A. B. the sum of -, and the said L. M. the sum of, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said lady the queen,

(i) Mode of estreating Recognizances out of Sessions.]-The recognizance must be removed by certiorari into the Crown Office, which is obtained by application to a judge at chambers, on a short affidavit of the object for which it was given, and statement of breach. After the return of the recognizance, a writ of scire facias issues out of the Crown Office, suggesting the breach, which is delivered to the sheriff of the county where the defendant resides. The sheriff gives notice to the defendant, who must appear to it in the Crown Office, and the issue is tried as any other cause. If a verdict be returned for the crown, a writ of execution against the body or goods of the defendant is issued, and if the return be nihil, or non est inventus, the recognizance is entered into the Exchequer by the master of the Crown Office, and process on it issues from the Exchequer. The prosecutor must pay the costs in the first instance, and if he succeed he may recover them from the defendant.

her heirs and successors, if he the said A. B. shall fail in the condition indorsed.

Taken and acknowledged the day and year

first above mentioned, at

before me,
J. S.

""

day of

The condition of the within-written recognizance is such, that if the said A. B. shall personally appear on the instant, at o'clock in the forenoon at before such justices of the peace for the said [county] as may then be there, to answer further to the information [or "complaint"] of C. D. exhibited against the said A. B., 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.

at recognizance to be given to the defendant and his surety.

Take notice, that you A. B. are bound in the sum of and you Notice of such L. M. in the sum of, that you A. B. appear personally on o'clock in the afternoon at before such justices of the peace for the said county as shall then be there, to answer further to a certain information [or "complaint"] of C. D., the further hearing of which was adjourned to the said time and place, and unless you appear accordingly the recognizance entered into by you A. B., and by L. M. as your surety, will forthwith be levied on you and him. Dated this 185-.

day of

J. S.

I hereby certify that the said A. B. hath not appeared at the time and (F) Certificate place in the said condition mentioned, but therein hath made default, by of nonappearreason whereof the within-written recognizance is forfeited.

J. S.

ance to be indorsed on the defendant's recognizance.

and to the keeper of the [house of (H) Warrant

to remand a de

To W. T., constable of correction] at Whereas information was laid [or "complaint was made"] before the fendant when undersigned (1), [one] of her Majesty's justices of the peace in and for apprehended. the said [county] of, for that [&c. us in the summons or warrant]: And whereas the said A. B. hath been apprehended under and by virtue of a warrant upon such information [or "complaint"], and is now brought before me as such justice as aforesaid: There are therefore to command you the said constable, in her Majesty's name, forthwith to convey the said A. B. to the [house of correction] at and there to deliver him to the said keeper thereof, together with this precept; and I do hereby command you the said keeper to receive the said A. B. into your custody in the said [house of correction], and there safely keep him until the instant, when you are hereby commanded to convey o'clock in the forenoon of the same day, before such justices of the peace of the said [county] as may then be there, to answer to the said information [or "complaint"], and to be further dealt with according to law. Given, [&c. as (D), supra.]

day of

and have him at

at

(1) Or "J. S., esquire."