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Acknowledged before me, E. F. Whereas, one C. D. late of labourer, was this present day brought before the justice above (or if it be indorsed" within") mentioned by the above (or "within") bounden A. B. and was by him charged with the feloniously stealing, taking, and leading away, (or if it is for stealing oxen, cows, or sheep, say "driving away,") at in the county aforesaid, one gelding of a bay colour, of the value of l. of the goods and chattels of him the said A. B. whereupon he the said C. D. was committed by the said justice to the common gaol at The condition of the above (or" within") written recognizance is therefore such that if the said A. B. do and shall at the next general quarter sessions of the peace (or gaol delivery as the case is) to be holden in and for the said county, prefer or cause to be preferred one bill of indictment of the said felony, against the said C. D. and shall then and there also give evidence concerning the same, as well to the jurors that shall then enquire of the said felony, as also to them that shall pass upon the trial of the said C. D. then the said recognizance shall be void, or otherwise stand and remain in full force and effect.

The condi. to appear at the next session of oyer and terminer tion of a reand gaol delivery to be held for the jurisdiction of the adcognizance to prosecute miralty of England, then and there to prosecute J. J. late at admiralty captain of the ship or vessel, called the Fly, for wilfully and sessions, for feloniously casting away the said ship or vessel, with intent sinking a ship with in. to prejudice divers merchants who had* underwritten sevetent to de- ral policies of insurance on the cargo thereof against the statute, &c.

fraud the

Recogni

bound to

insurers. (u) Be it remembered, &c. H. S. of M. in the county aforezance where said, yeoman; R. S. of T. in the county aforesaid, labourer; several are J. O. of Y. in the county aforesaid, husbandman, and Sibilla his wife, came, &c. and acknowledged themselves and every give evi. dence and to of them, by himself, and for himself, acknowledged himself prefer bills to owe to our said lord the king, 10. sterling, and the said J. O. manucepit as well for himself, as for the said Sibilla ment, one, his wife in 10l. of good and lawful, &c. of their goods, &c. &c. being bound, that his wife

of indict.

shall give

evidence,
&c (w)
* 45]

The condition, &c. That whereas A. B. and C. D. in the county aforesaid, labourers, were this present day brought before me, the said R. W. by the above bounden, &c. and were by them charged with the felonious taking of divers parcels of linen, and other apparel, out of the house and garden of the said T. O. of the goods of the said T. O. and the parties aforesaid. If therefore the said, &c. and every of them, shall and do at the next general gaol delivery, to be holden in the said county of N. the first day of the assizes,

(u) This is a form used at Police Office, Bow Street.

(w) This is an ancient form

from Mr. Anguish's Precedents, 24. See also, ante 1 vol. 91.

prefer or cause to be framed and preferred several bills of indictment, of the said felony respectively, according to their cause against the said A. B. and C. D. and shall and do then and there also give in evidence concerning the same, as well to the grand jury, as also to the petty jury, that shall pass upon the trial of the said A. B. and C. D. that then, &c. R. W.

manslaugh

and to pro

The condition of this recognizance is such, that if the A condition above bounden A. B. shall and do personally appear before to give evihis majesty's justices of assizes and gaol delivery, at the dence for a next general gaol delivery to be holden in this county of N. ter, before the first day of assizes; and then and there give in evidence Grand and against one P. K. arrested, brought before me the said R. Petty Jury, W. for manslaughter, namely for the felonious killing of one A. B. as well to the grand jury, that shall be then and there sworn to enquire thereof, as also to the petty jury that shall be impannelled, for the trial of the said fact, between our sovereign lord the king's majesty, and the said P. K. and also shall prefer a bill of indictment, touching the said manslaughter to the said grand jury. That then, &c.

way

secute. (x)

afterwards,

Essex (to wit.) Be it remembered, that A. B. of, &c. and Recogni C. D. of, &c. and E. F. of, &c. do severally acknowledge to by coroner, owe to our sovereign lord the king, the sum of forty pounds from proseeach, of lawful* money of Great Britain, to be levied on cutor and their several goods and chattels, lands and tenements, by witnesses to of recognizance to his majesty's use, in case default appear be fore grand shall happen to be made in the condition hereinunder written: jury, and The condition of this recognizance is such, that if the give eviabove-bounden A. B. C. D. and E. F. do severally appear dence, and before the justices of assizes and gaol delivery, at the next if bill be assizes to be holden at Chelmsford, in and for the county of found, to Essex, and the said A. B. shall then and there prefer, or prosecute, cause to be preferred to the grand jury, a bill of indictment dence on triand give eviagainst G. H. late of the said parish and county, labourer, al, and if not and now in custody for feloniously, &c. [describe charge for found, then murder.] And that the said A. B. C. D. and E. F. do then to give evi. and there severally personally appear to give evidence on trial of cosuch bill of indictment to the said grand jury; and in case roner's inthe bill of indictment be found by the grand jury a true bill, quest. (y) that then they the said A. B. C. D. and E. F. do severally per- [* 46] sonally appear at the next assizes to be holden in and for the said county of Essex aforesaid, and the said A. B. shall then and there prosecute or cause to be prosecuted, the said G. H. on such indictment: and the said A. B. C. D. and E. F. do then and there severally give evidence to the jury that shall pass on the trial of the said G. H. touching the premises: and in case the said bill of indictment shall be returned by

(a) This is an ancient form (y) See ante 1 vol. 91. note g. from Mr. Anguish's Precedents, Imp. Of. Cor. 110, 1. 29.

dence on

RECOGNI-
ZANCE TO
PAY EXTRA
COSTS, &C.
Recogni-

zance to pay

extra costs under 38

Geo. III. c. 52. s. 12.

the grand jury not found, that then they do severally personally appear at the said assizes, to be then and there holden for the said county, and then and there prosecute and give evidence to the jury that shall pass on the trial of the said G. H. upon inquisition taken before me, one of his majesty's coroners for the said county of Essex, on view of the body of the said L. M. and not depart the court without leave, then this recognizance to be void, otherwise in full force.

Taken and acknowledged, this first day of January, 1816. Before me, X. Y.

Entry of a recognizance in a common prosecution where the bill of indictment is preferred in the next adjoining county taken previous to the preferring of the bill. Northumberland.

The king against Cuthbert Nicholson, perjury. C. S. of, &c. esquire. - 401. On condition, that the said C. S. do and shall pay the extra costs attending the said prosecution of the said C. N. for perjury in the county of Northumberland, being the next adwhere indict-joining county to the town of Newcastle upon Tyne and ment about county of the same town,* provided the court here shall be to be prefer of opinion that he ought to pay the same pursuant to the es of adjoin- statute in that behalf made.

red at assiz.

ing county Entry in Yorkshire in the case of a prisoner removed from Hull, at the instance of the prosecutor.

for an of fence in a city. (z)

The King against Mary Ogglesby for felony. On the [47] prosecution of T. S. removed by habeas corpus, from the gaol of the town of Kingston upon Hull, to the castle at York, form of such at the instance of the said prosecutor. recogni.

Another

zance.

RECOGNI

ZANCE TO

GIVE EVI
DENCE.

The said T. S. of the said town, draper, 40%. On condition, that the said T. S. do and shall pay the extra costs attending the prosecution in the county of York, provided this court shall be of opinion that he ought to pay the same, pursuant to the statute in that behalf made.

N. B. In this case the habeas corpus was obtained previous to the assizes by application to a judge, and the recognizance was entered into before the bill was preferred.

[Here are printed the king's arms.]

Essex, (to wit.) Be it remembered, that on the second day of January, in the year of our Lord one thousand eight hundred and sixteen, G. H. of Chelmsford, in the said county, tanner, personally came before me one of his majesty's jusdence at as-, sizes on in

Recogni zance, to give evi.

dictment for (z) This and the next prece-
felony. (a) dent are from Mr. Nichols's pre-
cedents 147, see ante 1 vol. 99.
(a) Ante 1 vol. 90, 1. See
form Williams, J. Evidence, III.
Toone, 139, 393. Burn, J. Exa-

mination, C. Evidence, B. See also forms of recognizance of several, one to prosecute, and another to give evidence, ante 41 to 46.

tices of the peace for the said county, and acknowledged himself to be indebted to our sovereign lord the king in the sum of ten pounds, of good and lawful money of the united kingdom of Great Britain and Ireland, current in England, to be made and levied on his goods and chattels, lands, and tenements, to the use of our said lord the king, upon condition, that if the above-bound G. H. shall personally appear before his majesty's justices of gaol delivery, at the next general gaol delivery, to be holden in and for the said county of Essex, and then and there give such evidence as he knoweth, upon a bill of indictment to be exhibited by A. B. of- to the grand jury, against C. D. late of

in

the said county, labourer, for the feloniously taking and carrying away one silver tankard, the property of the said A. B.; and in case the said bill be found a true bill, then if the said G. H. shall then and there give evidence to the jurors who shall pass on the trial of the said C. D. upon the said bill of indictment, and not depart thence without leave of the court: Then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged before me the same day and year aforesaid.

The like to

dictment at

E. F. [* 48] [Here the king's arms are printed.] Essex, (to wit.) Be it remembered, that on the second day give eviof January, in the year of our Lord one thousand eight hun-dence on indred and sixteen, G. H. of Chelmsford, in the said county, sessions for tanner, personally came before me one of his majesty's jus-misdemea tices of the peace for the said county, and acknowledged nour. (6) himself to be indebted to our sovereign lord the king in the sum of ten pounds, of good and lawful money of the united kingdom of Great Britain and Ireland, current in England: The condition of this recognizance is such, that if the abovebound G. H. shall personally appear at the next general Quarter Sessions of the peace to be holden in and for the said county, and then and there give such evidence as he knoweth, upon a bill of indictment to be exhibited by A. B. of.

against C. D. late of —, in the said county, labourer, for [here state the offence] to the jurors, who shall enquire thereof on the part of our said lord the king, and not depart without leave of the court: then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged before me the same day and year aforesaid. E. F. ——, (to wit.) Be it remembered, that on the day Recogniof- in the year of the reign of our sovereign zance to ap lord George the Third, by the grace of God, of the united pear and give kingdom of Great Britain and Ireland, king, defender of the another in the said county of

faith, &c. A. W. of

(b) See last precedent, and notes, and ante 1 vol. 90. See form Williams, J. Evidence, III.

Toone, 139, 393. Burn, J. Exa-
mination, C. Evidence, B.
(c) See Dick. Sess, 91, 2.

evidence in

form. (c)

tanner, personally came before me, J. P. esquire, one of the justices of our said lord the king, assigned to keep the peace in and for the said county, and acknowledged himself to owe to our said lord the king, the sum of ten pounds, 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 lord the king, his heirs and successors, if he the said A. W. shall fail in the condition underwritten (or indorsed if it be so).

Acknowledged before me,

J. P. The condition of the above or within-written recognizance is such, that if the above bound A. W. do and shall personally appear before the justices of our sovereign lord the king, assigned to keep the peace within the said county; and also to hear and determine divers felonies, trespasses, and misdemeanours, in the said county committed, at the next general Quarter Sessions of the peace, (or before his majesty's justices of gaol delivery,) to be holden at ——————, in [49] and for the said county, and do and shall then give such evidence as he knoweth, upon a bill of indictment to be exhibited by A. J. of, to the grand jury, against O. O late of in the said county, labourer, for feloniously taking and carrying away, the property of —, and in case the said bill of indictment be found a true bill, then if the said A. W. do and shall then and there give evidence to the jurors, that shall pass on the trial of the said O. O. upon the said bill of indictment, and not depart thence without leave of the court, then the above (or " within") written recognizance to be void, otherwise of full force.

A recogni.

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Norfolk. Be it remembered that A. B. of W. in the county zance taken aforesaid, yeoman; E. F. of B. in the county aforesaid, by two justi-yeoman; G. H. of in the county aforesaid, labourer; ces to give I. K. of D. in the county aforesaid, shoemaker, came before the Assizes. us R. W. and F. G. esquires, two, &c. and each of them (a)

evidence at

separately, by himself and for himself, acknowledged himself, separately and individually to owe to our said lord the king, ten pounds, sterling, of his goods and chattels, lands, and tenements, to be made and levied to the use of our said lord the king, his heirs and successors, &c. The condition of this, &c. that if the above bounden, &c. and every of them shall give attendance and be ready to give evidence against one W. C. of S. aforesaid, yeoman, before his majesty's justices of assizes and gaol delivery, the first day of the next assize and gaol delivery, to be holden for this county of N. and at all times during the said assizes for and concerning such matters and things, as on his majesty's behalf shall be objected against the said W. C. and demanded of the said, &c. or either of them, that then, &c.

(d) This is an ancient form from Mr. Anguish's book.

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