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of a person

1st day of January, 1816.

charged by due course of law, and for so doing this shall be your sufficient warrant. Given under my hand and seal, this E. F. (L. S.) The like in Receive, &c. R. I. charged by R. D. on suspicion of having another form committed several felonies and highway robberies, he, the for six days said R. I. upon his being so charged, not making it appear charged on to us, the said justices, that he hath a lawful way of getting suspicion of his livelihood, and doth not procure some responsible housefelony keeper to appear to his character, or to give security for his appearance before us, the said justices, contrary to the statute, &c. Him, therefore, safely keep in your custody for the space of six days to be then brought up before us the said justices, at the rotation office in Litchfield Street, to be reexamined. Given, &c.

Order to

er up for ex ami ation.

[Here the king's arms are printed.] Public Office, Bow Street. bring pison-First day of January, 1816. To the keeper of the New Prison at Clerkenwell, or his deputy. You are hereby required to bring C. D. a prisoner in your custody, to this Office, for examination before me. E. F. Sitting Magistrate.

(b)

SUMMONS

AND OTHER
PROCESS

AGAINST

WITNESSES.
Summons

Public Office, Bow Street, Covent Garden.
The 1st day of January, A. D. 1816.

Middlesex, and Westminster, to wit. Whereas complaint (or "information on oath") has been this day made before me, E. F. esquire, one of his majesty's justices of the peace from Police for the said county, city, and liberty, that a certain felony Office, Bow [Here state nature of offence to the effect in the information:] has lately been committed, touching which you can give ma

stree, to a

witness to attend to give evidence (c) [* 35]

terial evidence.

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, on Tuesday next, at twelve o'clock at noon, or before such other justice or justices of the peace, as shall be then and there sitting to give evidence in the premises, as the law directs. Given under my hand and seal, the day and year above-written. To G. H. of esquire. E. F. (L. S.)

(b) This form is adopted where defendant has been committed for examination, or further examination, and the magistrate requires him to be brought up for such further examination.

(c) As to the power of magistrates to summon witnesses, see ante 1 vol. 76. This is the usual form adopted at Bow

Street. See another form, Williams, J. Evidence, Examination. Burn, J Examination, D. Summons, Dick. J Examination, II. Dalt. J. ch. 174. If the inspection of a deed, letters, &c. should be material, it should seem that the witness may also be required by the summons to produce them. 9 East. 475.

Police Office, Union Hall, Southwark,

Surrey, (to wit.) to G. H. of -esquire.

The like

from Police

office, Uni

Whereas information hath been this day made before me, on hall. (d) one of his majesty's justices of the peace in and for the said county, by A. B. of gentleman, that you are a material evidence in his majesty's behalf, touching a certain felony [Here describe the felony as in last form.] committed by C. D. of labourer. These are therefore in his majes ty's name, to will and require you, personally to be and appear before me, or such other of his majesty's justices of the peace for the said county, as shall be sitting at the Police Office aforesaid, on Tuesday next, at ten o'clock in the forenoon, then and there to testify the truth, and give evidence in his majesty's behalf, as the law directs.

Given under my hand the 1st day of January, in the year of our Lord 1816. E. F. (L. S.) in the county of The like in

To the constable of the parish of

Essex.

Essex. (to wit.) Whereas information hath been made before me, È. F. esquire, one of his majesty's justices of the peace in and for the said county, That [Here state the charge or offence as in the information, see precedents ante 33, 4.] and that G. H. of in the said county, yeoman, is a material and necessary witness to be examined concerning the same: these are therefore to require you to summon the said G. H. to appear before me at in the said county, on the 2nd day of January instant, at the hour of eleven o'clock in the forenoon of the same day, to testify the truth according to the best of his knowledge concerning the premises. And be you then there to certify what you shall have done in the execution hereof. Herein fail Given under my hand and seal the 1st day of January, in the year of our Lord 1816. Hertfordshire,* (to wit.) To the constable of said county of Hertford.

you not.

E. F. (L. S.)

-

in the

another forma

(e)

[36]

The like in

in case of

Whereas oath hath been made before me, E. F. esquire, another form one of his majesty's justices of the peace in and for the said felony. (ƒ)

county of A. B. of

was lately robbed at

believe that G. H. of

yeoman, that he the said A. B.
and that he hath good cause to
is a material witness to prove

by whom the said robbery was committed. These are there-
fore to require you to cause the said G. H. forthwith to come

(d) See notes to last precedent.

(e) This is the modern printed form used by magistrates in the country. See another form next precedent, and the note ante 33, 4. And as to the law. see ante 1 vol. 76.

(f) This is the printed form usually adopted by magistrates in the country See also Burn. J, Examination, D. Summons. Williams, J. Examination, IV. Evidence. Toone, 138, 157, 409. Dick. J. Examination, II. Dalt, J. ch. 174. Dick. Sess. 80.

before me, to give such information, and evidence, as he
knoweth, concerning the said offence, that such further pro-
ceeding may be had therein, as to the law doth appertain.
Given under my hand and seal at
in the said county,
E. F. (L. S.)

the 2nd day of January A. D. 1816.

Public Office, Bow Street.
(King's Arms.)

Warrant to. To all constables, and other his majesty's officers of the peace for the said county, city, and liberty, whom these may

bring wit

ness to give

evidence

who had re

suance of

summons.

(8)

concern:

Middlesex, city and liberty of Westminster, (to wit.) fused to at. These are in his majesty's name, to command you and every tend in pur- 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, city, and liberty, the body of A. B. of whom you shall have notice, to answer all such matters and things, as on his majesty's behalf are on oath objected against him by G. H. for that he being a material witness to prove a certain felony, lately committed, and having been duly summoned to give evidence touching the same, hath neglected to appear in pursuance of the said summons, against the peace, &c. Hereof fail not at your peril. Given under my hand and seal this day of in the year of our Lord 1816. E. F. (L. S.) Middlesex, and city, and liberty of Westminster, (to wit.) To all constables and other his majesty's officers of the peace for the said county, city, and liberty, whom these

Warrant to bring up a person rob. bed who has neglected to attend to give evidence ac. cording to

summons.

[blocks in formation]

may concern.

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 of the said county, city, and liberty, the body of A. B. of whom you shall have notice to answer to all such matters and things as on his

majesty's behalf are on oath objected against her. It appearing to me, upon oath, that on the 2nd day of this instant July, she the said A. B. was robbed of two gowns, two coats, several aprons, and other wearing apparel, by one C. D. now in custody under my commitment, and that she is a material witness to prove the same. And it likewise appearing to me, upon oath, that she hath been duly summoned to appear before me to give evidence touching the said felony, and that she hath made default therein. Herein fail not at your peril, Given under my hand and seal this 8th day of July, in the T. G. (L. S.)

year

of our Lord 1785.

(g) The power of a Justice to issue a warrant has been doubted. See Shuttleworth's manual, 8 and 9. But it is unquestionable, ante 1 vol. 76, 7. This and the three following precedents were fram

ed and issued by very able and experienced magistrates. See also coroner's warrants post 38, 9.

(h) See ante 34. note c. and 1 vol. 76, 7.

Public office, Bow Street.

mitted that

[Here the kings arms are printed.] To the keeper of Tothill-Commitment of a witness fields bridewell, or his deputy. for refusing City and liberty of Westminster, (to wit.) Receive into to give eviyour custody the body of W. F. herewith sent you, brought dence, he before me J. R. esquire, one of his majesty's justices of the having adpeace, in and for the said county, city, and liberty by S. T. he was preFor that he having admitted that he was present when a cer- sent when tain felony and street robbery was committed felony was the upon per- committed. son of the rev. Archdeacon C. on Friday last at the corner of Panton street, within the said liberty, hath refused to be examined on oath respecting the same. The said W. F. therefore safely keep in your custody until he shall submit to be examined, touching the said felony, (j) and for so doing this shall be your sufficient warrant.

1807.

(i)

Given under my hand and seal this 5th day of September, J. R. (L. S.) To the keeper of new prison at Clerkenwell, or his deputy. The like in Middlesex, (to wit.) Receive into your custody the body another form of J. S. herewith sent you, brought before me E. F. one of his majesty's justices of the peace in and for the said county by G. H. upon whose information, taken upon oath before me, it appears that a certain felony hath been committed, touching which the said J. S. can give material evidence, and the said J. S. admitting on his examination that he knows the name and residence of the person suspected to have committed the said felony, but refusing to answer touching the same, or to disclose the name and residence of the said person, him the said J. S. thereof safely, &c. [as in last.] To* the constables, headboroughs, and other his majesty's Commitment officers of the peace in and for the county of Essex, and also to the keeper of his majesty's gaol at Chelmsford, in for refusing the said county.

of a witness by a coroner

to give evi

Essex, (to wit.) Whereas I heretofore issued my sum-dence. mons, under my hand, directed to C. D. of

-, requiring [38] his personal appearance before me, then and now one of his majesty's coroners for the said county of Essex, at the time and place therein mentioned, to give evidence and be examined on his majesty's behalf, touching the death of A. B. then and there lying dead; of the personal services of which said summons, oath hath been duly made before me; and whereas the said C. D. 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,

(h) See ante 34. note c. and 1 vol. 76, 7.

(i) As to the power to commit, ante 1 vol. 76, 7. 3 M. and S. 1. (j) Quære if not better to add

"or shall be discharged by due
course of law." See forms of co-
roner's commitments, post 38 and
39.

in order that the said C. D. by virtue thereof, might be apprehended and brought before me, to answer the premises.

And whereas the said C. D. 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 his said majesty's behalf, touching the death of the said A. B. yet the said C. D. 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 his majesty's name, to charge and command you, or one of you the said constables, headboroughs, and other his majesty's officers of the peace, in and for the said county of Essex, forthwith to convey the body of the said C. D. to the gaol of Chelmsford in the said county, and safely to deliver the same to the keeper of the said prison there; and these are likewise, by virtue of my said office, in his majesty's name, to will and require you the said keeper to receive the body of the said C. D. into your custody, and him safely to keep in the prison, until he shall consent to give his evidence, and be examined before me and my inquest, on his majesty's behalf, touching the death of the said A. B. or until he shall be from thence otherwise discharged by due course of law. And for your so doing, this is your warrant.

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.) Commitment To the constables, headboroughs, and others his majesty's officers of the peace in and for the county of Essex; and also to the keeper of his majesty's gaol at Chelmsford in the said county.

of a witness by a coroner for refusing to sign his informa. tion.

[* 39]

Essex, (to wit.) Whereas C.D. of the parish of, in the said* county of Essex, is a material witness on the behalf of our sovereign lord the king, against E. F. late of the parish aforesaid, in the county aforesaid, —, now charged before me, one of his majesty's coroners for the county of Essex, and my inquest, with the wilful murder of A. B. there now lying dead; and whereas the said C. D. at this time of my inquiry, (on view of the body of the said A. B. how and by what means he the said A. B. came by his death) hath personally appeared before me, and my said inquest, and on his majesty's behalf hath given evidence and information on oath, touching the premises: which said evidence and information having by me been reduced into writing, and the contents thereof by me, in the presence of my said inquest, openly and truly read to him the said E. F. 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

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