other ma gistrates. These are to command you the said constable of in used by his majesty's name forthwith to convey and deliver into the custody of the said keeper of the said gaol the body of C. D. (f) this day brought before me, E. F. esquire, one of his majes- [ 60] ty's justices of the peace in and for the said county, by O. P. constable of ——, and charged upon the oath of J. K. and L. M. with, &c. [here set forth the offence as directed ante 57, and conclude as follows:] And you the said keeper of are hereby required to receive the said C. D. into your custody in the said gaol, and him there safely keep, until he be delivered from your custody by due course of law. Hereof fail you not. Given under my hand and seal the second day of January, in the year of our Lord one thousand eight hundred and sixteen. E. F. (L. S.) Essex, (to wit.) E. F. esquire, one of the justices of Our said lord the king assigned to keep the peace within the said form for a county of Essex; and also to hear and determine divers felony. (g) felonies, trespasses, and other misdemeanours in the said county committed. To the constable or said county of Essex, and to the keeper of at in the These are in his majesty's name to charge and command you the said constable forthwith to convey and deliver into the custody of the said, keeper of the said gaol, the body of C. D. of, in the said county, labourer, charged upon the oath of G. H. and I. K. before me, with a felony, by him committed in stealing one silver tankard, of the value of twenty pounds, the property of A. B. of, in the said county, yeoman, and you the said keeper are hereby required to receive the said C. D. into your custody in the said gaol, there to remain until he shall thence be delivered by due course of law. Given under my hand and seal at in the said county, on the second day of January, in the year of our Lord one thousand eight hundred and sixteen. E. F. (L. S.) Essex, (to wit.) E. F. esquire, one of the justices of our said lord the king assigned to keep the peace within the said county of Essex, and also to hear and determine divers felonies, burglaries, trespasses, and other misdemeanours in the said county committed. (f) This is the form now generally used by magistrates in the country, see Williams, J. Commitment. Dick, J. Commitment. Burn, J. Commitment, where see several other forms. Dalton, J. c. 178. Toone 101. for obstructing custom house officer in execution of his duty on 13 & 14 Car. 2. c. 11. 5 Burr, 2640. For a rescue, Toone, 371. For (g) This is the usual printed (h) This is the usual printed form. See notes to the precedent, ante 59. The like n another The like for a burglary. (h) [* 61 ] Warrant of mitted in one county when de ed nano To the constable or at in the said in the county of Essex, and to the keeper of To the gaoler or keeper of commit Middlesex, (to wit.) Receive into your custody in the ment for an said gaol, and there safely keep until he shall be discharged offence com by due course of law, the body of C. D. herewith sent you, and charged before me, E. F. esquire, one of his majesty's justices of the peace in and for the said county, on the oath fendant was of A. B. and O. P. and others, for that he the said C. D. on apprehend the first day of January, in the year of our Lord one thouther, as in sand eight hundred and twelve, at the parish of Richmond, case of big in the county of Surrey, did marry one G. H. spinster, and amy. (i) her the said G. H. then and there had for his wife, and that the said A. B. afterwards (to wit) on the first day of November, in the year aforesaid, in the parish aforesaid, feloniously did marry, and take to wife one L. S. spinster, the said G. H. his former wife, being then living; against the form of the statute in that case made and provided; the said A. B. having also made oath before me the said justice, that the said C. D. was apprehended and taken for the said felony, in the parish of Heston, in the said county of Middlesex. (k) Given under my hand and seal this second day of January, one thousand eight hundred and sixteen. E. F. (L. S.) (i) See Toone, 63. The accused may be proceeded against under 1 Jac. 1. c. 11. in the county where "apprehended" though the offence was committed in another. In this case in order to shew that the justice has jurisdiction, the mittimus should state where the party was apprehended. Toone, 3.2 Leach, 4th Ed. 826. (k) The word" apprehended " has been construed to mean the place where the offender is confined in prison. Hutton, 131. 2 Inst. 49. see notes to the precedent ante 57. timus on E. F. esquire, one of the justices of our lord the king, as- Another signed to keep the peace in the said county of Middlesex, form of mitand also to hear and* determine divers felonies, trespasses, suspicion of and other misdemeanours, in the said county committed. To the keeper of the gaol of our said lord the king at in the said county, or to his deputy there, and to each of them, greeting. Middlesex, (to wit.) These are in his majesty's name to charge and command you that you receive into your said gaol the body of C. D. late of, &c. labourer, taken by G. H. constable of —, in the said county, and by him brought before me for suspicion of felony, that is to say, for feloniously stealing, &c. [here state the particulars] and that you safely keep the said C. D. in your said gaol until the next general gaol delivery for the said county; [if he be not bailable, or if bailable, thus: " until he shall be thence delivered by due order of law."] And for your so doing this shall be to you and every of you a sufficient warrant. And herein fail you not. Given under my hand and seal this second day of January, in the year of our Lord one thousand eight hundred and sixteen. E. F. (L. S.) [As above.] felony di- To the keeper of the gaol of our Another picion of fe gaoler only. (m) S. P. esquire, one, &c. said lord the king at puty there, and to each of them, greeting. Middlesex, (to wit.) Whereas Č. D. late of, in the lony to the said county, yeoman, hath been arrested by the constable of in the said county, for suspicion of felony by him, as it is said, committed, in stealing a bay mare, of the value of the property of A. B. of, &c. gent. Therefore, on behalf of our said lord the king, I command you, and each of you, that you, or one of you, receive the said C. D. into your custody in the said gaol, there to remain until he shall be delivered by due course of law. Given under my hand and seal, &c. Š. P. (L. S.) George the third, by the grace of God of the united kingdom Another of Great Britain and Ireland, king, defender of the faith. form in the To the keeper of our gaol at in our said county, or King's name his deputy. Middlesex, (to wit.) Whereas C. D. late of to the gaoler only. (n) in our said county, labourer, is arrested for suspicion of felony by him, as it is said, committed in feloniously taking and carryof the value of the property of A. B. ing away (Toone, 100. Williams, J. Commitment, V.as to committing a party for suspicion only, see ante, 1 vol. 112. (m) See forms Toone, 100. Williams, J. Commitment, as to commitments for suspicion only, (n) Toone, 101. Williams, J. We, therefore, command you and each and every of you, that you do receive him the said C. D. into your custody in our said gaol, or that one of you do receive him there to re[* 61] main till be be delivered from your custody according to the* law of our kingdom of England. Witness E. F. esquire, one of the justices assigned to keep the peace in our said county, and also to hear and determine divers felonies, trespasses, and other misdemeanours in our said county committed, at in the said county, the second day of January, in the year of our Lord one thousand eight hundred and sixteen. E. F. (L. S.) Another [Same as ante 59, 60, to the words brought before, &c.] form to Brought before me this present day, and charged with the fegaoler where de- lonious taking and carrying away of twenty sheep [of the value fendant con-of of the goods and chattels of A. B.] (which also he fessed the hath confessed (p) upon his examination before me) and felony. (•) therefore these are (on the behalf of our sovereign lord) to Commitment for want of su. reties on toleration act, see 1 18. s. 18. (9) command you, that immediately you receive the said C. D. day of Middlesex, (to wit.) Whereas, it hath been this day duly proved before me E. F. esquire, one of his majesty's justices of the peace, in and for the said county, by A. B. of W. & M. c. and C. D. of in the county aforesaid, that G. H. of in the said county, on the instant, wilfully, willingly, and of purpose, &c. [as in the information, see form ante 3, 13.] And whereas the said G. H. in pursuance of the said statute is now required by me the said justice to find two sureties to be bound in a recognizance in the penal sum of 501. conditioned for his personal appearance at the next general quarter sessions of the peace to be held in and for the county, to answer for the said offence, but inasmuch as the said G. H. hath not found such sureties these are therefore to require you the said constable, forthwith to convey and deliver the said G. H. together with this my warrant, into the custody of the keeper of the said gaol at aforesaid, and you the said keeper are hereby also required to receive the said G. H. into your custody in the said gaol, (0) See form Williams, J. Commitment. See form where defendant confessed an assault, &c. ante 58. (p) These words, it is said, prevent the defendant from being bailable. (q) See form, Toone, 360. and form of information and warrants, ante 3, 13, and 52 Geo. III. c. 55, s. 12, &c. which extends the provisions of the 1 W. & M. c. 18. and see indictments, ante 2nd vol. 27, 8. and him there safely keep until the next general quarter sessions of the peace to be held in and for the said county,* or [* 64] until he shall be from thence discharged by due course of law. Given under my hand and seal the second day of JanE. F. (L. S.) uary, 1816. Essex, (to wit.) To jesty's officers of the to the keeper of , constable, and all other his mapeace whom these may concern, and in the county of Essex. Commit. ment for an assault and Whereas C. D. was this day brought and charged before for wait of me, one of his majesty's justices of the peace for the said sureties. (r) county of Essex, on the oath of A. B. with assaulting and beating him the said A. B. and with committing divers misdemeanours against his majesty's peace. And whereas the said C. D. hath refused (or "neglected") (although by me required) and does refuse (or "neglect") to find sureties as well as for his personal appearance at the next general quarter sessions of the peace, which shall be holden in and for the said county of Essex, to answer the premises, as also in the mean time to keep his majesty's peace to all his liege subjects, particularly towards the said A. B. These are, therefore, in his majesty's name, to command you the said constable, or other peace officer, safely to convey the said C. D. and deliver him to the keeper aforesaid, requiring you the said keeper to receive and safely to keep the said C. D. until he shall find such sureties, or otherwise be discharged by due course of law. Given under my hand and seal this day of in the year of our Lord one thousand eight hundred and six teen. E. F. (L.S.) prehended Middlesex, (to wit.) To the constable of the keeper of the house of correction at Whereas C. D. was yesterday in the night taken by the persen ap watch, set by the constable of wandering abroad and by the lodging in barns, out-houses, or in the open air, and is this watch. (*) day brought before me, E. F. esquire, one of the justices of our lord the king, assigned to keep the peace within the said county of Middlesex, and doth not now give a good account of himself before me. These are to require you the said constable of to convey the said C. D. to the said house of correction at aforesaid, and to deliver him to the keeper thereof, together with this warrant. And I do hereby require you the said keeper of the house of correction aforesaid, to receive the said A. B. into your custody in the said house of correction, and him there safely to keep until the next general quarter sessions of the peace to be holden in and for the said county, and have you him then there, together with this precept. Given under* my hand and seal the second day of January, in the year of our Lord one thou- [* 65] E. F. [L. S.] sand eight hundred and sixteen. (r) See ante 63. (s) Burn, J. Watch. Toone, 452. Dick, J. Watch & Ward. |