to receive the body of the said J. K. into your custody, and him safely to keep in the said gaol, until he shall be thence discharged by due course of law, and for your so doing this shall be your warrant. Given under my hand and seal, theday of Whereas I am credibly informed that you can give evidence on behalf of our sovereign lady the Queen touching the death of A. P., now lying dead in the township of · in the said county. These are therefore, by virtue of my office, in her Majesty's name to charge and command you personally to be and appear before me, at the dwelling-house of J. R., known by the sign of situate at -, in the said township, at o'clock in the forenoon, on the day of instant, then and there to give evidence and be examined on her Majesty's behalf before me and my inquest touching the premises: herein fail not, as you will answer the contrary at your peril. Given under my hand and seal this day of G. H. Coroner. Warrant for Contempt against a Witness for not appearing to give County of to wit. -- Evidence. To the constables of the township of in the county, of and to all other her Majesty's officers of the peace in and for the same county. Whereas I have received credible information that A. P. of the township of —, in the said county, can give evidence on behalf of our sovereign lady the Queen, touching the death of C. D., now lying dead in the said township; and whereas the said A. P. having been duly summoned to appear and give evidence before me and my inquest touching the premises, at the time and place in the said summons specified, of which oath hath been duly made before me, hath refused and neglected so to do, to the great hinderance and delay of justice. These are therefore, by virtue of my office, in her Majesty's name to charge and command you, or one of you, without delay to apprehend and bring before me, one of her Majesty's coroners for the said county, now sitting at the township aforesaid, by virtue of my said office, the body of the said C. D. that he may be dealt with according to law: and for your so doing this is your warrant. Given under my hand and seal, the G. H., Coroner. Warrant to Commit a Witness refusing to give Evidence, &c. County of To the constables of the township of to wit. county of, and other her Majesty's officers of the peace in and for the county aforesaid, and also to the keeper of the gaol in the said county. day of in the Whereas I heretofore issued my summons under my hand, directed to A. P. of &c., requirimg his personal appearance before me, then and now one of her Majesty's coroners for the said county, at the time and place therein mentioned, to give evidence and be examined on her Majesty's behalf touching and concerning the death of C. D., then and there lying dead, of the personal service of which said summons oath hath been duly made before me; and whereas the said A.P. having neglected and refused to appear pursuant to the contents of the said summons, I thereupon afterwards issued my warrant, under my hand and seal, in order that the said A.P. by virtue thereof, might be appre hended and brought before me to answer the premises. And whereas the said A.P. in pursuance thereof hath been apprehended and brought before me, now duly sitting by virtue of my office, and hath been duly required to give evidence and be examined before me and my inquest on her said Majesty's behalf, touching the death of the said C. D., yet the said A. P. notwithstanding, hath absolutely and wilfully refused, and still doth wilfully and absolutely refuse to give evidence and be examined touching the premises, or to give sufficient reason for his refusal, in wilful and open violation and delay of justice: these are therefore, by virtue of my office, in her Majesty's name to charge and command you, or any one of you, the said constables and officers of the peace in and for the said township and county, forthwith to convey the body of the said A. P. to the gaol of the said county, at the city of in the said county, and him safely to deliver to the keeper of said gaol: and these are likewise, by virtue of my said office, in her Majesty's name to will and require you, the said keeper, to receive the body of the said A. P. into your custody, and him safely to keep until he shall consent to give his evidence and be examined before me and my inquest, on her Majesty's behalf, touching the death of the said C. D., or until he shall be from thence otherwise discharged by due course of law: and for so doing this is your warrant. Given under my hand and seal, the day of G. H. Coroner. Commitment of a Witness for refusing to sign his Information. County of- To the constables of the township of in the to wit. and other her Majesty's officers of the peace in and for the said county, and also to the keeper of the gaol of the said county. Whereas A. B. of is a material witness on behalf of our our sovereign lady the Queen, against J. P., late of the township of in the county aforesaid, labourer, now charged before me, one of her Majesty's coroners for the said county, and my inquest, with the wilful murder of C. D., there now lying dead; and whereas the said A. B. at this time of my inquiry, on view of the body of the said C. D. how and by what means he the said C. D. came by his death, hath personally appeared before me and my said inquest, and on her Majesty's behalf hath given evidence and information on oath touching the premises, which said information having by me been reduced into writing, and the contents thereof by me, in the presence of the said inquest, openly and truly read to him the said A. B., who doth acknowledge the same to be true, and that the same doth contain the full substance and effect of the evidence by him given before me to my said inquest, and the said A. B. having by me been requested and desired to sign and set his hand to his said testimony and information, and to acknowledge the same as by law is required, yet, notwithstanding, the said A. B. doth wilfully and absolutely refuse so to do, in open defiance of law, and to the great hinderance of public justice. These are therefore, by virtue of my office, in her Majesty's name to charge and command you, or one of you, the said constables and other her Majesty's officers of the peace in and for the said county, forthwith to convey the body of the said A. B. to the gaol of the said county, at -in the said county, and him safely to deliver to the keeper of the said gaol; and these are likewise, by virtue of my said office, in her Majesty's name to will and require you the said keeper to receive the body of the said A. B. into your custody, and him safely to keep in prison until he shall duly sign and acknowledge his said information, or shall be from thence otherwise discharged by due course of law; and for so doing this is your warrant. Given under my hand and seal, this day of G. H., Coroner. Commitment of a Witness for refusing to enter into Recognizance to appear and give Evidence. County of to wit. To the constables of the township of, in the county of and other her Majesty's officers of the peace in and for the same county, and also to the keeper of the gaol of the said county. Whereas upon an inquisition this day taken before me, one of her Majesty's coroners for the county aforesaid, at in the said county, on view of the body of C. D. then and there lying dead, one J. U. late of the township aforesaid, in the county aforesaid, labourer, was by my inquest then and there sitting, found guilty of the wilful murder of the said C. D.; and whereas one U. P. of the township and county aforesaid, yeoman, was then and there examined and gave information in writing before me and my inquest touching the premises, and which said information he, the said U. P., then and there before me and my inquest duly signed and acknowledged, and by which said information it appears that the said U. P. is a material witness on her Majesty's behalf against the said J. U. now in custody, and charged by my inquest with the said murder, and the said U. P. having wilfully and absolutely refused to enter into the usual recognizance for his personal appearance at the next general gaol delivery to be holden in and for the county of aforesaid, and then and there to give evidence on her Majesty's behalf against the said J. U., to the great hinderance and delay of justice. These are therefore, by virtue of my office, in her Majesty's name to charge and command you, or one of you, the said constables and other her Majesty's officers of the peace in and for the said county, forthwith to convey the body of the said U. P. to the gaol of the said county, at in the said county, and him safely to deliver to the keeper of the said gaol there; and these are likewise by virtue of my said office in her Majesty's name to will and require you the said keeper to receive the body of the said U. P. into your custody, and him safely to keep in prison there until he shall enter into such recognizance before me, or before one of her Majesty's justices of the peace for the said county, for the purposes aforesaid, or in default thereof, until he shall be from thence otherwise discharged by due course of law and for so doing this is your warrant. Given under my hand and seal, this day of G. H. Coroner. Recognizance to Prosecute and give Evidence. County of Be it remembered that J. R. of &c., yeoman, and E. to wit. D. of the same place, labourer, do severally acknowledge to owe to our sovereign lady the Queen the sum of pounds each, of lawful money of Canada, to be levied on their several goods and chattels, lands and tenements, by way of recognizance to her Majesty's 's use, in case default shall happen to be made in the condition hereunder written. The condition of this recognizance is such, that if the above bounden J. R. and E. D. do severally personally appear at the next general gaol delivery to be holden in and for the county of and the said J. R. shall then and there prefer, or cause to be preferred to the grand jury, a bill of indictment against C. D. late of labourer, and now in custody for the wilful murder of A. B. late of &c., and that the said J. R. and E. D. do then and there severally personally appear to give evidence upon such bill of indictment to the said grand jury, and in case the said bill of indictment be found by the grand jury a true bill, that then the said J. R. and E. D. do severally personally appear at the said general gaol delivery, and the said J. R. shall then and there prosecute the said C. D. on such indictment, and the said J. R. and E. D. do then and there severally give evidence to the jury that shall pass on the trial of the said C. D. touching the premises, and in case the said bill of indictment shall be returned not found, that then they do severally personally appear at the said general gaol delivery, and then and there prosecute and give evidence to the jury that shall pass on the trial of the said C. D. upon an inquisition taken before me, one of her Majesty's coroners for the said county, on view of the body of the said A. B. and not depart the court without leave, then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged this day of before me G. H. Coroner. If a wife be required to give evidence, and her husband be not present to enter into recognizance, the wife should not be bound in any penalty or sum of money, but on pain of imprisonment, thus:- -"S. the wife of J. S. of &c., labourer, acknowledges herself to be bound to our sovereign lady the Queen on pain of imprisonment, in case she shall make default in the following condition." And in making out the recognizance insert her name in such condition. But if the husband be present he should be bound for the appearance of his wife. So if the witness happen to be an apprentice, or one under the age of twenty-one years, in law termed an infant, the master or the parent should be bound for the appearance of the party according to the following precedent: Recognizance by Husband for Wife's appearance, and by Master, &c. for the appearance of an Apprentice, &c. County of to wit. J. P. of the township of in the said county, blacksmith; T. P. of the same place, victualler; J. R. of the same place, whitesmith, the husband of S. R.; J. B. of the same place, shopkeeper, the mainpernor of J. J. his apprentice, an infant; J. S. of the same place, yeoman, the mainpernor of G. S. his son, an infant, do severally acknowledge to owe to our sovereign lady the Queen the sum of pounds, of lawful money of Canada, to be levied on their goods and chattels, lands and tenements, by way of recognizance to her Majesty's use, in case default shall be made in the condition following. And S. the wife of J. P. of the same place, labourer, on pain of imprisonment, in case she shall make default in such condition. The condition of this recognizance is such, that if the above bounden J. P., T. R., S. R. the wife of the said J. R., J. J., G. S. and S. R. the wife of the said J. P., do severally personally appear at the next general gaol delivery to be holden in and for the county of and there give evidence on a bill of indictment to be preferred against W. T. now at large for the wilful murder of S. his wife, and in case the said bill of indictment shall be returned by the grand jury a true bill, then that they do severally personally appear at the session of general gaol delivery for the said county next after the apprehending or surrender of the said W. T., and then and there severally give evidence to the jury that shall pass upon the trial of the said W. T. touching the premises, and in case the said bill of indictment shall be returned by the grand jury not found, that then they do severally personally appear at such session of general gaol delivery to be then and their holden for the said county, and then and there give evidence to the jury that shall pass upon the trial of the said W. T. upon an inquisition taken before me, one of her Majesty's coroners for the said county, on view of the body of the said S. T. and not depart the court without leave, then this recognizance to be void, other. wise to be and remain in full force. Taken and acknowledged this day of G. H., Coroner. Coroner's Certificate of Jurors in order for Bail before Justices of the County of to wit. ship of } Peace. These are to certify that by an inquisition taken before me on view of the body of C. D. at the townin the said county, bearing date the day of instant, the jurors in the said inquisition named have found that A. B. justifiably and of inevitable necessity did kill and slay the said C. D. Given under my hand this G. H., Coroner. day of Or in defence of himself and for the safety of his life and property, as against thieves, justifiably, &c. Or casually and by misfortune, and against the will of the said A. B. (as in a chance medley.) |