Vide s. 5; Vide s. 5 (id.) 6. Information against an Aider or Abettor, with or without the Principal. (Not in Jervis's Act.) [Proceed with offence against the principal as in No. 1 or 3 to the conclusion, and then add :] And that F. G., of &c. was then and there present ["wilfully," or as the statute may be], aiding and abetting the said A. B. to do and commit the said offence, contrary to the form of the statute in such case made and provided. 7. Information against a Counsellor or Procurer. (Not in Jervis's Act.) day of [Proceed with offence against the principal as in No. 1 or 3 to the conclusion, and then add:] And that F. G., of &c. before the said offence was committed as aforesaid, to wit, on the aforesaid, at the parish of [aforesaid], did ["wilfully," or as the statute may be], counsel and procure the said A. B. to do and commit the said offence, contrary, &c. SECT. 2. THE PROCESS TO ISSUE TO DEFENDANTS. 8. Summons to the Defendant upon an Information or To A. B. of Complaint (A). [labourer]. Whereas information hath this day been laid [or "complaint hath this day been made"] before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of -, for that you [here state shortly the matter of the information or complaint]: These are therefore to command you, in her Majesty's name, to be and appear on o'clock in the forenoon, at before such justices of the peace for 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 under my hand and seal this in the year of our J. S. (L.S.) at Lord day of at , in the [county] aforesaid. 9. Deposition of the Constable or other Person of the Service of the Summons. (Not in Jervis's Act.) to wit. } day of The deposition of J. N., constable of the parish of C., in the said [county], taken upon oath before me the undersigned, one of her Majesty's justices of the peace for the said [county] of C., at N., in the same [county], this 1850, who saith, that he served A. B. mentioned in the annexed [within] summons, with a duplicate thereof, on the day of last personally [or "by leaving the same with N. O. at the said A. B.'s usual place of abode at N., in the county of S."] J. N. Before me, J. S. 10. Warrant where the Summons is disobeyed (B). To the constable of [county] of Whereas on and to all other peace officers in the said last past information was laid [or "complaint was made"] before the undersigned, [one] of her Majesty's justices of the at peace in and for the said county of for that A. B. [&c. as in the 11. Warrant in the first instance (C). at, in J. S. (L.S.) To the constable of and to all other peace officers in the said Whereas information hath this day been laid before the undersigned, [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 under my hand and seal this day of -, in the year of our Lord at in the [county] aforesaid. J. S. (L.S.) 11a. Indorsement in backing a Warrant (K). Whereas proof upon oath hath this day been made before me, to wit. one of her Majesty's justices of the peace for the said [county] of, that the name of J. S. to the within warrant subscribed is of the 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 said [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 184. J. L. • The words following this asterisk are to be 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 backing Irish or Scotch warrants, &c., in England. Vide s. 2 (id.) Vide s. 11 of 42, and s. 3 of SECT. 3. REMANDING DEFENDANT, AND TAKING BAIL. 12. Warrant of Committal for safe Custody during an Adjournment of the Hearing (D). To W. T., constable of correction] at and to the keeper of the [house of day 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] of for that [&c., as in the summons]: And whereas the hearing of the same is adjourned to the instant, at o'clock in the forenoon at - and it is necessary that the said A. B. should in the meantime 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 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. day of Given under my hand and seal, this day of our Lord at in the year J. S. (L. s.) of Vide s. 3 (id.) 13. Recognizance for the Appearance of the Defendant where the Case is adjourned, or not at once proceeded with (E). of Be it remembered, that on -, and A. B. of [labourer], and L. M. Taken and acknowledged, the day and year — J. S. The condition of the within-written recognizance is such, that if the said A. B. shall personally appear on the day of 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. CHAP. 1.] Sect. 3. Remanding Defendant, and taking Bail. 29 14. Notice of such Recognizance to be given to the Defendant Vide s. 3 (id.) and his Surety. Take notice, that you A. B. are bound in the sum of and you at o'clock in the forenoon 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, aud 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 day of, 184. J. S. 15. Certificate of Non-appearance, to be indorsed on the Defendant's Recognizance (F). I hereby certify that the said A. B. hath not appeared at the time and place in the said condition mentioned, but therein hath made default, by reason whereof the within-written recognizance is forfeited J. S. Vide s. 3 (id.) 16. Warrant to remand a Defendant when apprehended (H). our Lord day of "complaint"] and day of in the year of at in the [county] aforesaid. J. S. (L. s.) 17. Notice to the Complainant or Informant of Defendant's Vide s. 13 (id.) Apprehension, and of Day of Hearing. (Not in Jervis's Act.) Court of Petty Sessions for the division of N., the 1850, at N. day of We beg to give you notice, that A. B., against whom a warrant was issued on your information [or "complaint"], has been apprehended and brought this day at the place above named, and ordered by a justice to be brought up at the same place on next, at twelve o'clock at noon, on the hearing of the said information [or "complaint"], when and where you are required to attend. To Mr. C. D. of Your's, &c. I. G. and B., clerks to the justices. Vide s. 7; Arch. p. 115; Saund. P. 97; Oke's Syn. p. 27-31. Vide s. 7 (id.) SECT. 4.-OF COMPELLING WITNESSES' ATTENDANCE, &c. 18. Deposition that a Person is a material Witness. (Not in County of The deposition of J. N., of the parish of C., in the said Before me, J. S. 19. Summons of a Witness (G. 1). To E. F. of- in the said [county] of J. N. 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 hath been made to appear to me upon [oath] that you are likely to give material evidence on behalf of the [prosecutor, or "complainant," or "defendant"] in this behalf: These are therefore to require you to be and appear on o'clock in the forenoon, at before such jutices of the peace for the said [county] as may then be there, to testify what you shall know concerning the matter of the said information [or comI aint"].* at 66 • If a document is required also, insert here, although no statute Given under my hand and seal, this day of in the year of J. S. (L. s.) 20. Deposition of Constable, or other Person, of Service of the last Summons. (Not in Jervis's Act.) [Proceed as in Form No. 9, ante, p. 26, adding at the conclusion: "and at the same time tendered [or 'paid'] to the said E. F. the sum of for his costs and expenses in that behalf."] |