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so found to seizė, take, drive, and carry away; and the same to sell for the best price that can be had, and the money to be distributed by you, the said churchwardens and overseers, to the poor of the said parish: and the name or names of* the [* 29] person or persons so keeping the same you are to return to the said justices at their said petty sessions: together with the names of all persons keeping disorderly houses, or common lodging houses for lewd persons in your parish; and all persons, making, encouraging, or occasioning any riots, routs, or unlawful assemblies, whereby his majesty's peace or the public tranquillity may be broke or disturbed; and all other matters and things presentable at this petty sessions, which shall come to your knowledge, information and belief; to the end that the said justices may take such methods and means in the premises, as to law doth appertain: And hereof you, or any of you, are not to fail, on pain of being returned to the said Quarter Sessions for a contempt and misdemeanour. Given under our hands and seals, at a public meeting of the justices, held at the office aforesaid, this day of

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ON HUE AND

cry, or pro

Essex, (to wit.) The examination of A. B. of, &c. taken WARRANTS on oath before me, one of his majesty's justices of the peace CRY. for the said county, dwelling in the hundred of within Information the said county, the 1st day of January, in the year of our or examinaLord one thousand eight hundred and sixteen, who saith, that tion of a paron this 1st day of January, between the hours of eleven in the ty robbed on highway, forenoon and three in the afternoon of the same day, at or either to obnear a place called — he was assaulted in the highway tain warrant there leading from Brentwood to Chelmsford, by three per-for hue and sons whose names and persons were and are unknown to him ceed against the said A. B. and by them robbed in the highway aforesaid, hundred. (p) of one gold watch, and three bank of England notes for one pound each; and that he the said A. B. at the time of the said robbery committed, did not know, nor doth yet know, the names, or persons, or residence, or place of resort of the said persons who committed the same: And that he is since informed, that the said highway and place where he was so robbed as aforesaid, are in the parish of, and within the hundred of, in the said county. Taken, made, and signed, the day and year above written, before me, G. H. Westmorland.] To all constables and other officers, as well Warrant to in the said county of Westmorland, as elsewhere, to whom levy hue and the execution hereof doth or shall belong. Whereas A. T. of, in the county of-, yeoman, hath this day made information upon oath before me, J. P. esquire, one of his majesy's justices of the peace in and

(p) As to the requisites of the information, see ante 1 vol. 28.

cry on a rob. bery having

in the

that on this

year of the reign of —

been com- for the said county of W-
mitted. (q) of
[* 30]

in

present day betwixt the hours of three and four in the* afternoon of the same day, at a place called in the said county of Wthe king's highway there, two malefactors and felons to him the said A. T. unknown, in and upon him the said A. T. then and there being in the peace of God and of our lord the king feloniously did make an assault, and him the said A. T. then and there feloniously did put in great fear and danger of his life, and the sum of L. of lawful money of Great Britain, of the goods and chattels of him the said A. T. from the person and against the will of him the said A. T. then and there violently and feloniously did steal, take, and carry away, and that one of the said malefactors and felons to him the said A. T. unknown, is a tall, strong man, and seemeth to be about the age of years, is pitted in the face with the small pox, and hath the scar of a wound under his left eye; and had there on a dark brown riding coat, &c. and did ride upon a bay gelding with a star on his forehead, and the other, &c.; and that after the said felony and robbery committed, they the said malefactors and felons to him the said A. T. unknown, did fly and withdraw themselves to places unknown, and are not yet apprehended; these are therefore to command you forthwith to raise the power of the towns within your several precincts, and to make diligent search therein for the persons above described; and to make fresh pursuit and hue and cry after them, from town to town, and from county to county, as well by horsemen as by footmen; and to give due notice thereof in writing, describing in such notice the persons and the offence aforesaid, unto every next constable on every side, until they shall come to the sea shore, or until the said malefactors and felons shall be apprehended; and all persons whom you or any of you shall, as well upon such search and pursuit as otherwise, apprehend or cause to be apprehended; as justly suspected for having committed the said robbery and felony, that do you carry forthwith before some one of his said majesty's justices of the peace, in and for the county where he or they shall be so apprehended, to be by such justice examined, and dealt with according to law. And hereof fail you not respectively, upon the peril that shall ensue thereon. Given under my hand and seal, at in the said county of W- the day ofaforesaid, in the year aforesaid. J. P. (L. S.) Norfolk. Whereas complaint hath been made unto me by robbers. () T. G. of L. in the county of Norfolk, husbandman, that, upon Wednesday, at night, last, being the 20th day of this instant,

The like in another form after house

(q) Burn, J. Tit. hue and cry. Mr. Anguish's MS. p. 2. As to this warrant, in general, and the proceedings, see ante 1 vol. 27 to

31.

(r) See last precedent, and notes, and ante I vol. 27 to 31.

in the ped from

June, he was robbed of certain linen, taken out of his house, with some other things, as, &c. And that he hath manifest cause of suspicion of one A. T. a lewd rogue, a straight made fellow, aged 24 years, or* thereabouts, apparelled in a leather [* 31 ] or black hat, and russet stockings, with black curled hair on his head, and a little on his face. These are therefore, in his majesty's name, to require you, and every of you to make search within your several precincts for the said A. T. and also to make hue and cry after him from town to town, and from county to county, and that as well by horsemen as footmen, and if you shall find him the said A. T. that then you carry him before me, or some one of his majesty's justices of the peace, within the county where he shall be taken, by him to be dealt withal, according to law. Hereof fail you not at your utmost perils. Given under my hand and seal, at W. within the said county, this, &c. G. H. (L. S.) To all constables and others his majesty's officers, as well The like to within the said county of N. as elsewhere within the realm make hue of England. and cry after a felon, who Norfolk. Forasmuch as complaint hath this day been lately escamade unto me by H. H. one of the constables of said county, that one J. B. late of L. in the county of Suf- gaol. (5) folk, labourer, of the age of 17 years, or thereabouts, of a low stature, having on no hair upon his face, apparelled in a short cloth coat, and cloth hose of a sad colour, with a pair of russet boots, committed yesternight to his custody by my warrant, to convey him to his majesty's gaol at the castle of Norwich, for several felonies by him committed and confessed, hath forcibly rescued himself from and out of the custody of the said H. H. and hath escaped and gone at large. These are therefore, in his majesty's name, to require you and every of you to make diligent search within your several precincts for the said J. B. and also to make inquiry and cry after him, from town to town, and from county to county, and that as well by horsemen as footmen, and if you shall find him the said J. B. that you forthwith carry him before some one of his majesty's justices of the peace, within the county where he shall be taken, by him to be dealt withal according to law. Hereof fail you not at your utmost perils. Given under my hand and seal, at W. in the said county, this 30th day of May, A. D. 1641. G. H.

To all constables and other his majesty's officers, as well within the said county as without.

Middlesex, (to wit.) To all constables, headboroughs, and SUPERSEDEAS all other his majesty's officers of the peace for the said county, whom these may concern:

(s) This is an old form from Mr. Anguish's MS. 2. See pre

cedent ante 29 and notes, and 1
vol. 27 to 31.

BEFORE AR-
REST.

Supersedeas

an assault,

sureties to

appear at

or order not Whereas C. D. has this day found sufficient sureties beto arrest for fore me, E. F.* esquire, one of his majesty's justices of the Defendant peace for the said county, for his personal appearance at having found the next general Quarter Sessions of the peace, to be holden at the session-house, Clerkenwell, in and for the said counsessions. (t) ty, then and there to answer the complaint of A. B. for as[32] saulting and beating him. These are therefore, in his majesty's name, to charge and command you and every of you immediately, on sight hereof, not to arrest, imprison, molest, or any otherwise detain the body of the said C. D. for by reason or means of the fact above mentioned, and no other. And this shall be to you, each, and every of you, a sufficient warrant. Given under my hand and seal the 1st day of January, in the year of our Lord 1816. E. F. (L. S.)

The like in another

form. (u)

[King's Arms.]

Essex, (to wit.) E. F. one of his majesty's justices of the peace for the county of Essex aforesaid:

To the sheriff, bailiff, constables, and others, the faithful
ministers and subjects of our said lord the king within
the county of Essex, and to every of them, Greeting.
Forasmuch as C. D. of
in the said county, yeo-
man, hath personally come before me at
in the said
county, and hath found sufficient sureties, that is to say, J.
K. of and L. M. of. either of the which hath un-
dertaken for the said C. D. under the pain of 20 pounds, and
he the said C. D. hath undertaken for himself, under the
pain of 40 pounds, that he the said C. D. shall personally ap-
pear at the next General Quarter Sessions of the peace to be
holden in and for the said county, then and there to do and
receive what shall be enjoined him by the said court; and
in the mean time shall well and truly keep the peace, (or
"be of good behaviour,") as well towards his said majesty
as towards all his liege people, and especially towards A. B.
of- in the said county, yeoman. Therefore on the be-
half of our said lord the king, I do command you and every
of you, that you utterly forbear and suspend (w) to arrest,
take, imprison, or otherwise by any means, for the said cause,
to molest the said C. D. and if you have, for the said occa-
sion and for none other, taken or imprisoned the said C. D.
that then him you deliver or cause to be delivered and set

(t) As to the law and practice, see ante 1 vol. 46, 7, and the forms referred to id. note c. Cro. C. C. 8th ed. 17. Burn, J. Surety for the peace V. Dalt. J. ch. 175, page 475, and ch. 193. p. 531. The supersedeas is good, though it does not name the sureties or the sum, but it is said to be better to state both as in the next pre

cedent. Dalt. J. ch. 175, page

475.

(u) See the last precedent and notes. This form seems preferable to the first, and is usually adopted by magistrates, in the country.

(w) In some precedents "sur

cease."

at liberty, without further delay. Given at

aforesaid, E. F. (L. S.)

in the county aforesaid, under my hand and seal this 1st day of January, in the year of our Lord 1816.

33]

CHAPTER III.

COMMITMENTS FOR FURTHER

EXAMINATION.- -SUMMONS,

WARRANTS, AND COMMITMENTS OF WITNESSES.-EXAMI-
NATIONS OF PROSECUTOR, WITNESSES, AND PRISONER.—
RECOGNIZANCES TO PROSECUTE AND GIVE EVIDENCE, AND
TO PAY EXTRA COSTS. RECOGNIZANCES TO APPEAR.-
COMMITMENTS.-HABEAS CORPUS, AND INCIDENTAL PRO-

CEEDINGS.

Public Office, Bow Street.

COMMITMENT

EXAMINA

To the keeper of the New Prison in Clerkenwell, or his deputy. Middlesex, (to wit.) Receive into your custody the body FOR FURTHER of C. D. herewith sent you, brought before me, E. F. esq.TION. (a) one of his majesty's justices of the peace in and for the said county, [sometimes is here inserted" by G. H. constable of ——"] and charged before me, the said justice, upon the oath of E. F. on suspicion of feloniously stealing, taking, and [* 34} carrying away one gold seal, his property, against the peace, &c. him, therefore, safely keep in your said custody for further examination on Monday next, and until he shall be dis

(a) As to commitments for further examination, see ante 1 vol. 73, and 4. The above is the usual form adopted at the Police Office, Bow Street. See also Burn, J. Commitment, VII. Williams, J. Commitment, V. Dick. Crim. Law.

J. Commitment, VI. Toone, 103.
It seems not to be necessary to
state the offence in this tempo-
rary commitment. Bac. Ab. Tres
pass, D. 3. See a preferable
form, post, appendix.

VOL. IV.

E

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