in the said [county], 18 & 19 Vict.

-.

be imprisoned in the [house of correction] at
[and there kept to hard labour], for the space of
Given under our hands and seals, the day and year first above men-
tioned, at in the [county] aforesaid.

c. 126.

J. S. (L.S.)

H. M. (L.S.)

II. OTHER FORMS.

Statements of Offences.

4. Simple Larceny, value not exceeding 5s.]-feloniously did steal, Id. s. 1. take and carry away [describing property stolen], of the value of the [monies], goods and chattels of C. D., against the

of peace, &c.

5. Attempt to Steal from the Person]-unlawfully did attempt Id. to steal, take and carry away from the person of C. D., [describing property], of the value of [unlimited], of the [monies or property], goods and chattels of the said C. D., against the peace, &c.

6. Attempt to commit Simple Larceny]-unlawfully did attempt Id. feloniously to steal, take and carry away - [describing property], of the value of [unlimited], of the [monies or property], goods and chattels of C. D., against the peace, &c.

7. Simple Larceny, value exceeding 5s.]-This will be the same as Id. s. 3. No. 4, supra.

8. Stealing from the Person]-feloniously did steal, take and carry Id. away from the person of C. D. [describing property], of the value of [unlimited], of the [monies or property], goods and chattels of the said C. D., against the peace, &c.

9. Larceny as a Clerk or Servant]-being then and there clerk Id. [or servant] to C. D., feloniously did steal, take and carry away [describing property], of the value of [unlimited], of the [monies or property], goods and chattels of the said C. D., his master, against the peace, &c.

10. Notice of Petty Sessions.]

Id. s. 9.

County of

Petty Sessional Division of

Notice.

Petty sessions for the purposes of the Criminal Justice Act (18 & 19 Vict. c. 126) will be holden for the above division in this building every Tuesday, at the hour of

o'clock in the

[or on the days undermentioned, at the hour of

noon precisely, viz.

noon precisely
o'clock in the

Clerk to the Justices of Petty Sessions.

11. Deposition of Witnesses.]-This will be the same as Schedule (M.) in Jervis's Act, 11 & 12 Vict. c. 42, No. 33, p. 275.

12. Remand Warrant.]-Same as Schedule (Q. 1) of same act, No. 21, p. 271.

13. Recognizance of Bail instead of Remand.]-Same as Schedule (Q. 2) of same act, No. 23, p. 272.

18 & 19 Vict. c. 126.

Id. s. 14.

day of

14. Charge under Sections 1 and 2.]—
Petty Sessional Division of - in the county of
holden at
-, in the same county, this
185-.

Charge under the first and second sections of the Criminal Justice
Act, 18 & 19 Vict. c. 126, in contemplation of Summary
Adjudication.

For that A. B., on the

day of

at the parish of

in

the county of [here state the charge as in the forms Nos. 4, 5, 6, supra], against the peace, &c.

Which charge was read to the said A. B., and he the said A. B. says that he is guilty [or not guilty] thereof.

holden at
of, 185-.

in the same county, this

Charge under the third section of the Criminal Justice Act, 18 & 19 Vict. cap. 126, in contemplation of Summary Conviction

on plea of Guilty.

For that A. B., on the

day of

at the parish of

in

the county of [here state the charge as in the forms Nos. 7, 8, 9, supra], against the peace, &c.

Which charge was read to the said A. B., and he the said A. B. says that he is guilty thereof.

Witness our hands.

J. S.

Justices in Petty H. M. Sessions assembled.

16. Commitment to Prison under either Section 1 or 3.] --This may be precisely in the same form as Schedule (P. 1) in Jervis's Act, 11 & 12 Vict. c. 43 (No. 48, ante, p. 44), but as that act does not apply to proceedings under the Criminal Justice Act (see s. 10), it must be signed by both the convicting justices. It is, however, desirable, as the charges are ordinarily indictable, that the special act under which the summary commitment is made should appear on its face: there may, therefore, be inserted, after the word "convicted," at the commencement of the form, these words: "in pursuance of the statute of the session holden in the eighteenth and nineteenth years of her Majesty, chapter one hundred and twenty-six” (a).

To N. O., treasurer of the county or borough of to wit. [or overseers of the poor, or as the case may be, of the

in the said -.]

parish of This is to certify, that C. D., of &c., with his [two] witnesses, attended before us, the undersigned, [two] of her Majesty's justices of the peace in and for the petty sessional division aforesaid in petty

(a) That this is a sufficient commitment, without describing the conviction to have taken place in Petty Sessions, see the case of Re Joseph Allison, 24 Law J. (N. S.) M. C. 73; 18 J. P. 746, under the Aggravated Assaults Act, 16 Vict. c. 30: see sect. 13 of the 18 & 19 Vict. c. 126.

c. 126.

sessions assembled, to give evidence against A. B., who has been adju- 18 & 19 Vict. dicated upon [or convicted] under the statute of the session holden in the eighteenth and nineteenth years of her Majesty, chapter one hundred and twenty-six; and that we have ascertained the amount of the compensation reasonable for the expenses, trouble and loss of time of the said C. D. and his witnesses, and all other fees and expenses therein, to be the sum of, according to the specification and particulars hereunder written, which said sum you the said treasurer [or as the case may be] are, in pursuance of the said act, forthwith to pay to the said C. D. [or to such person as he may direct or appoint for that purpose.]

Particulars above referred to.

Constable for apprehension and detention, &c. of the person charged
Fees to the clerks of the magistrates in petty sessions
Fees to the clerk of the peace.

Prosecutor, one day

....

Travelling expenses..

[Two] witnesses, viz., E. F. and F. G., one day each, at

per

£ s. d.

PART II.

INDICTABLE OFFENCES.

CHAPTER I.

GENERAL FORMS OR OUTLINES.

11 & 12 Vict.

c. 42, ss. 1, 8.

All the Forms in this Chapter, except where otherwise stated to the contrary, are from the Schedule to Jervis's Act, 11 & 12 Vict. c. 42; the Sections placed in the margin of such Forms are where they are referred to in the body of that Statute, and the letter, &c. (as L. 1), after the description of the Form, is the same as prefixed thereto in such Schedule.

In the Forms given in that Schedule the Venue is invariably omitted, but it should always be inserted in magisterial proceedings.

SECT. 1.-AS TO PREFERRING THE CHARGE.

1. Information and Complaint for an indictable Offence (A). The information and complaint of C. D. of

day of

[yeoman],

to wit. taken this
in the year of our Lord 18-,
before the undersigned, [one] of her Majesty's justices of the peace in
and for the said [county] of (a), who saith that (b) [&c. stating
the offence].

**

Sworn before [me], the day and year first above mentioned, at

J. S.

(a) The several descriptions of the justice, or magistrate, taking this information and complaint, as shown in the Form No. 1 (on Summary Convictions), ante, p. 23, will equally apply here, and may be used.

(b) If the offender is merely suspected to have committed the offence, and the informant did not see him commit it, insert here: "he hath just cause to believe and suspect, and doth believe and suspect, that "-then insert the name of the offender, address, &c. if known, or if unknown, his description, as in Form No. 23, tit. "Highways," ante, p. 131, and afterwards set out the offence in the manner described in either of the statements applicable in Chap. II. of this portion of the work.

If the offence be committed out of the jurisdiction of the justice receiving the information, but the offender be residing within it, add, after the description of the offence: "And that the said A. B. is now residing or being [or is supposed and suspected to be residing or being] at the parish of in the said [county], and within my jurisdiction."

2. Information against an Accessory after the Fact to a Felony with the Principal. (Not in Jervis's Act.) [Proceed as in No. 1, supra, and after describing the offence of the principal, state thus:-and that E. F. of &c., well knowing the said A. B. to have committed the felony aforesaid, did afterwards, to wit, on the day of instant, at the parish of aforesaid, feloniously receive, harbour and maintain the said A. B.

3. The like, without the Principal, or where Principal unknown. (Not in Jervis's Act.)

day of

&c. did

[Proceed as in No. 1, supra, to the asterisk*, then thus:-that one A. B. of, &c. [or some person or persons whose name or names is or are unknown], on the at the parish of feloniously [describe the offence of the principal]: And that E. F. of &c., well knowing the said A. B. [or person unknown] to have committed the felony aforesaid, did afterwards, to wit, on the day of, at the parish of aforesaid, feloniously receive, harbour and maintain the said A. B. [or person unknown.]

Vide 11 & 12

Vict. c. 46, s. 2.

4. Information to ground Search Warrant for Stolen Goods. 11 & 12 Vict. (Not in Jervis's Act.)

c. 42, s. 4, and see 7 & 8 Geo.

[Proceed as in form No. 1, to the asterisk*, then thus:-that the 4, c. 29, s. 63. following goods of [him] the said C. D., to wit, [describe them] were on the day of instant [or have lately been] feloniously stolen, taken and carried away from and out of the dwelling-house [or as the case may be of the said C. D., situate at -, in the parish of

in the [county] aforesaid: And that he, this informant, hath probable
cause to suspect, and doth suspect, that the said goods, or part thereof,
are concealed in the dwelling-house or premises [or as the case may be],
in the occupation of A. B., situate at in the parish of
the said [county] of

5. Dying Declaration before a Justice in Cases of personal Injuries to the Declarant. (Not in Jervis's Act.)

in

No particular form of this declaration is necessary; but it may be as well to state in this place that its principal ingredients, in order to its admissibility in evidence against a prisoner, are

1. The cause of the death of the declarant must be the subject of
inquiry.

2. The circumstances of the death the subject of the declaration.
3. It must appear to have been made at a time when the declarant
(the deceased) was perfectly aware of his danger, and enter-
tained no hope of recovery.

If the accused can be brought into the presence of the person injured,
the examination should be taken in the usual form; but if otherwise,
the declaration, not on oath, should be taken by a justice in somewhat
like the following form:-"I, C. D. of in the [county] of
do hereby solemnly and sincerely declare that [here set out the state-
ment in the very words used].

Taken before me, at

in the [county] of

this day of 18-. J. S., one of her Majesty's justices of the peace for the said [county] of