Gambar halaman
PDF
ePub

thirteenth day of May, one thousand eight hundred and six.

N. Bond.

Public Office,* Bow Street.

[King's Arms.] The 1st day of January, 1816.

[* 9] Usual print.

summons at

Middlesex and Westminster, (to wit.) Whereas infor-ed form of mation and complaint upon oath have been this day made office, Bow before me E. F. esquire, one of his majesty's justices of the Street. (u) peace, in and for the said county, city and liberty, by A. B. of, in the said county, that you, C. D. of, &c. [here state substance of the charge, as in the informations ante 3 & 4, and in the warrants and commitments post.] contrary to the statute, &c.

These are therefore in his majesty's name to will and require you personally, to be and appear before me the said justice, at the office aforesaid, or such other justice or justices of the peace as shall be then and there sitting, to answer the premises, as the law directs.

Given under my hand and seal the day and year above written. E. F. (L. S.)

Police Office, Union Hall, Southwark. Established pursuant to acts of Parliament, 32 Geo. III. Cap. 53, and 36 Geo. III. Cap. 75. [King's Arms.] Surrey, (to wit.) To G. H. [the party accused] Whereas complaint and information have been this day made before me E. F. esq. (one of his majesty's justices of the peace in and for the said county) by A. B. for that, [state crime or of fence charged.] These are, therefore, in his majesty's name, to will and require you personally to be and appear before me, or such other justice or justices as shall be present at the police office aforesaid, on, &c. at one o'clock in the forenoon, then and there to answer the premises, as the law directs.Given under my hand the day of in the year of our Lord one thousand eight hundred and sixteen.

[blocks in formation]

E.F. (L.S.)

The like at Police Of fice, Union

Hall.

in the county of Usual form

of summons by other ma.

in the gistrates.(w)

Middlesex, (to wit.) Forasmuch as A. B. of said county of Middlesex, yeoman, hath this day made information and complaint upon oath before me E. F. esquire, one of his majesty's justices of the peace in and for the said county of Middlesex, that [here state the nature and circumstances of

(u) See when a summons should be issued, ante 1 vol. 32. (w) This is the usual printed form of summons to party accused. It varies from the forms in Crim. Law.

Toone's Man. 402, 3. Dick. J.
Summons, and Burn. J. High-
ways, Turnpike. Forms. e. As
to summons in general see ante
1 vol. p. 32.
VOL. IV.

B

the supposed offence as in the information or mittimus post.] These are therefore to command you in his said Majesty's name forthwith to summon the said C. D. to appear before [10] me at in the said county,* on Monday, the day of at the hour of in the forenoon of the same day, to answer unto the said complaint, and further to do and receive what to law doth appertain. And be you then and there to certify what you shall have done in execution hereof. Herein fail you not. Given under my hand and seal the

The like in another

form. (x)

The like in another

form where information not on oath. (y)

day of in the year of our Lord one thousand eight hundred and sixE. F. (L. S.) in the county of

teen.

To the constable of the parish of Middlesex. Middlesex, (to wit.) Whereas complaint and information have been made upon oath, before me E. F. esquire, one of his majesty's justices of the peace for the said county, by A. B. of that C. D [set forth the complaint.] These are therefore to command you forthwith to summon the said C. D. to appear before me, or such other of his majesty's justices of the peace for the said county as shall be present at the in the said county, on the day of o'clock in the forenoon, then and there to answer to the said complaint and information, made by the said A. B. who is likewise directed to be present to make good the same. Herein fail not. Given under my hand and seal, this day of in the year of our Lord one thousand eight hun

dred and twelve.

To the constable of the parish of

Middlesex.

at

E. F.

in the county of

Middlesex, (to wit.) You are hereby required, on sight hereof, to summon and warn C. D. of your said parish, personally to be and appear before me E. F. esquire, or such other of his majesty's justices of the peace for the said county of Middlesex, as shall be present at in the said county, on o'clock in the fore

next, at

the day of noon, then and there to answer to the complaint and information of C. D. [state the complaint.] And you the said constable are then and there to appear, and make your return of your due execution hereof. Herein fail not at your peril. Given under my hand and seal, this day of in the year of our Lord, one thousand eight hundred and sixteen.

(a) See the form Toone's Man. 403. This form is prescribed by Highway Act in certain cases, see 13 Geo. III. c. 78. Schedule XXXIII.

(y) See form Toone's Man.

[ocr errors]

E. F.

402. It appears from 2 T. R. 225. that where there is no offence charged on oath, it is most prudent to issue a summons. See also ante 1 vol. page 32.

The within named C. D. was duly summoned to appear Return of and answer as he is within required, on the day of Constable to preceding — in the year of our Lord one thousand eight hundred and sixteen, by me, G. H. constable.

Public Office*, Bow Street.
[King's Arms.]

summons.

(z)

Common printed war.

Bow street

To all constables, and other his majesty's officers of the rant, used at peace for the said county, city, and liberty, whom these may office (a)

concern.

Middlesex, city and liberty of Westminster, to wit. These are in his majesty's name to command you and every of you, upon sight hereof, to take and bring before me, or some other of his majesty's justices of the peace, in and for the said county, city, and liberty, the body of C. D. [or if his name be not known, then describe him as minutely as the nature of the case will allow, as "the body of a man whose name is unknown but whose person is well known, and who is employed as the driver of cattle, and wears a badge, No. 573." (b) or say," the body of a man whose name is at present unknown, but whose person can be identified,"] of whom you shall have notice to answer all such matters and things, as on his majesty's behalf shall on oath be objected against him by A. B. [here state concisely the substance of the offence charged upon the party, and which may be described as in the forms post 12, &c. or in the forms of commitments post, &c. The charge is usually introduced thus for having on, &c." or "for assaulting, &c." or "for keeping, &c." or "on suspicion of wilfully, maliciously, and feloniously assaulting, &c." or " for that, &c." The latter, when the charge is of any considerable length, seems preferable, and the offence may be described as in an indictment. Conclude as follows.] Hereof fail not at your peril. Given under my hand and seal this first day of January, in the year of our Lord one thousand eight hundred and sixteen. E. F. (L. S.)

[ocr errors]

Police office, Union hall, Southwark,
Established pursuant to acts of parliament 32 Geo. III. cap.

53, and 36 Geo. III. cap. 75.

Surrey, (to wit.) To all constables, and other his majesty's officers of the peace, whom these may concern.

[* 11]

The like at
Police Office,

Union Hall,

to apprehend for false pre

tences on 30

These are, in his majesty's name, to command you, and Geo. 2, c. 24.

(z) See form Toone's Man.

402.

(a) This is the common form used at the Police Offices in the Metropolis. See the other forms used in other counties post 12, &c. As to the form and requisites of the warrant in general, see 1 vol. 33 to 38. 36, 43. 32 Geo. III. c. 53. continued by 36

Geo. III. c. 75, See forms Dalt.
J. c. 174. page 548.

(b) This form was adopted by
the magistrate, Mr. Graham, see
ante 1 vol. 33. 1 Hale, 577.

(c) See form post 16. The indictment must shew the false pretences and negative the truth, 2 M. and S. 379.

5. 1. (c)

every of you, upon sight hereof, to take and bring before me, or some other of his majesty's justices of the peace for the said county, the body of C. Ď. of whom you shall have [12] notice, to answer to all such matters* and things, as, on his majesty's behalf, shall be objected against him by A. B. &c. particularly for that, after the twenty-ninth day of September, one thousand seven hundred and fifty-seven, to wit, on the day of now last past, in the parish of in the said county, he did unlawfully, knowingly, and designedly, by false pretences, obtain from one I. K. &c. [describe the goods as in an indictment for false pretences,] of the monies, goods, wares, and merchandizes, of the said I. K. with intent to cheat and defraud the said I. K. of the same; contrary to the statute, &c. Oath having been made thereof before me. Hereof fail not at your peril. Given under my hand and seal, this one thousand eight hundred and sixteen. Ě. F. (L. S.)

Another common

day of

To the constable of the parish of in the county of printed form Middlesex.

in the

used in other Middlesex, (to wit.) Forasmuch as A. B. of counties or said county of Middlesex, yeoman, hath this day made inforplaces. (d) mation and complaint upon oath before me, E. F. esquire,

The like for

one of his majesty's justices of the peace in and for the said county of Middlesex.* That C. D. late of Isleworth, in the said county of Middlesex, labourer, did [as to the mode of describing the offence, see the precedent ante 11.] These are therefore to command you in his said majesty's name forthwith to apprehend and bring before me, or some other justice of the peace for the said county, the body of the said C. D. to answer unto the said complaint and to be further dealt with according to law. Herein fail you not. Given under my hand and seal, the first day of January, in the year of our Lord one thousand eight hundred and sixteen. E. F. (L. S.)

[Commencement as in last form to the asterisk, and then proBurglary. (e) ceed as follows.] That in the night of the thirty-first day of December, now last past, that is to say, between the hour of eight of the clock of that evening, and six of the clock of the next morning, the dwelling-house of him the said A. B. at

aforesaid, in the county aforesaid, was feloniously and burglariously broken open, and one silver tankard of the value of five pounds, of the goods and chattels of him the said A. B. feloniously and burglariously was stolen, taken, and carried away, from thence. And that he hath just cause to

(d) This is the usual modern form. The forms vary in Burn, J. Warrant, IV. Williams, J. Arrest. V. Dalt. J. ch. 174, where see a great variety of

forms.

(e) This is the usual modern form. See also Burn, J. Burglary, IV. Dick, J. Burglary, III. Toone, 75.

suspect and doth suspect that C. D. late of Isleworth, in the
county aforesaid, labourer, and G. H. late of Isleworth
aforesaid, in the county aforesaid, labourer, the said felony
and burglary did commit. These are therefore, &c. [Conclu-
sion as in last form.]

To the constable of the parish of
Middlesex.

in the county of Warrant on

day of

in this

1 W. and M. c 18.s 18. to

Middlesex, (to wit.) Whereas A. B. clerk, officiating apprehend a minister of the parish church of, in the said county of person for Middlesex, and C. D. one of the church wardens of the said disturbing the congreparish, have this day made complaint on their several oaths gation in a before me, E. F. esquire, one of his majesty's justices of the parish peace in and for the said county, that G. H. late of the church. (ƒ) said parish of, labourer, and I. K. late of the same [13] parish, yeoman, together with divers other evil disposed persons, on Sunday last, being the present month of, wilfully and of purpose did contemptuously come into the said parish church, situate in the said parish of —, in the said county of Middlesex, during the time of divine service, and did disquiet and disturb the congregation then and there assembled, by [state the offence; see the forms of indictments, ante 2 vol. 24 to 34.] in the said parish church, and by other noises and disturbances, preventing the said A. B officiating minister, as aforesaid, from proceeding in the celebration of divine service. These are therefore, in his said majesty's name, to command you the said constables, forthwith to apprehend the said G. H. and I. K. and them bring before me at this place, to answer for the said offence, and to be further dealt with according to law; and you are hereby also commanded to give notice to the said G. H. and I. K. that if proof of the said offence shall be made before me the said justice, by two sufficient witnesses, on the hearing of the said complaint, then the said G. H. and I. K. will be required to find two sureties to become bound in a recognizance in the penal sum of 50l. conditioned for the personal appearance of the said G. H. and I. K. respectively, at the next general Quarter Sessions of the peace to be held in and for the said county, then and there to answer for the said offence, according to the form of the statute in this behalf made and provided. Given under my hand and seal, the day of

1812.

E. F. (L. S.)

25 Geo 2. c. 36. s 6 to

To the constable of the parish of, in the county of Warrant on
Middlesex.
Whereas A. B. and C. D. two

Middlesex, (to wit.)

(f) See forms Toone, 358, & 52 Geo. III. c. 155, s. 12, &c. and indictments ante 2 Vol. 24 to 34,

in-apprehend

and form of information ante 3.

(g) See form, Toone, 61, and form of notice, ante 8.

the keeper of a bawdy house. (g)

« SebelumnyaLanjutkan »