A recognizance where two are in the Norfolk. Be it remembered that A. B. of county aforesaid, gent. D. E. of in the county aforebound for said, gent. E. H. of, &c. and K. L. of M. in the county aforethe appear said, yeomen, came, &c. and the said G. H. and K. L. unance of two dertook for the said A. B. and D. E. to wit, both of them in be done also 201. sterling, and the said A. B. and D. E. both of them in in two seve-401. sterling of their goods and chattels, &c. which may [* 55] 'ral recogni. The* condition, &c. that if the above bounden A. B. and zances. (p) D. E. shall personally appear at the next general assizes to be held before the king's majesty's justices of gaol delivery, within this county of N. the first day of the assizes, then and there to answer to such matters, as on his majesty's behalf shall be objected against them, and either of them, that then, &c. bailed for A condition The condition of this recognizance is such, that if the said where one is P. K. shall personally appear before the king's majesty's manslaugh- justices of assizes of general gaol delivery to be holden in ter." (q) the county of N. and then and there to answer, and stand to be justified and tried according to the laws of this realm of and for one manslaughter committed by the said P. K. upon one A. B. that then, &c. Record of recogni. zance, where de Be it remembered, that at the general Quarter Session of discharge of the peace of our sovereign lord the king, holden at in and for the county of on Wednesday the day of in the -year of the reign of our sovereign lord fendant ap. George the third, now king of the United Kingdom of Great pears but Britain and Ireland, defender of the faith, and so forth; beprosecutor fore and esquires, and others their fellows, justices does not. (r) of our said lord the king, assigned to keep the peace of our said lord the king, in and for the county of aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the same county; E. F. esquire, then one of the justices of our said lord the king, assigned to keep the peace in and for the said county, and also to hear and determine divers felonies, trespasses and other misdeeds committed in the same county, doth certify and deliver here in court, a certain recognizance, taken before him, the of record, to be determined in form of law, the tenor of which said recognizance is as followeth [here insert the recognizance of the defendant and his two sureties, as ante 52, &c.] And afterwards, to wit, at the same general quarter session of the peace of our said lord the king, holden for the county aforesaid, at county aforesaid, on the said Wednesday, the day of (p) This is an ancient form from Mr.. Anguish's precedents, 26. (q) This is an ancient form in the day of from Mr. Anguish's book, 28. (r) See ante, 1 vol. 92, 106. See form Williams, J. Recogrizance. in the year aforesaid, before the aforesaid justices of our said lord the king, and others their fellows aforesaid, being the next general quarter session of the peace holden for the county aforesaid, after the said day of the aforesaid C. D. cometh in his own proper person, and thereupon public proclamation is made, that if any one would inform the said justices, here against the said C. D. he might come forth and be heard, and because the aforesaid justices* and court, here do find nothing ill of him the said C. [* 56] D. it is considered by the court here, that the said C. D. be discharged of his recognizance aforesaid, and that he go thereof without day. discharge of recogni zance which force To the honourable Sir J. E. knight, his majesty's chief baron Petition for of his court of Exchequer, at Westminster, and the rest of his majesty's honourable barons of the same court. Your lordships' petitioner humbly sheweth, that upon the remains in complaint of A. H. he became bound in a certain recogni- through zance to our sovereign lord the king, in the sum of forty neglect, on pounds, before W. M. esquire, one of his majesty's justices 4 Geo. 3. c. of the peace in and for the county of Surrey, on the 13th day 10. (s) of August, in the year of our Lord one thousand seven hundred and ninety; upon condition that your petitioner should be and appear at the general quarter session of the peace to be holden at Kingston, in the said county of Surrey, on the 5th day of October, in that year, in order to answer to such indictment, as should be found by the grand inquest there, against your petitioner, touching an assault alleged by the said A. H. to have been committed upon her, by your petitioner. And your petitioner further humbly sheweth, that he did appear at the said session, and that a certain bill of indictment was upon the said allegation of the said A. H. exhibited to the said grand inquest which they found not to be true, but through neglect, the said recognizance still remains in force and uncancelled. And therefore your petitioner most humbly craves the order of this honourable court for relief in the premises under the mercy and according to the form and effect of a certain act of parliament made in the fourth year of the reign of our present sovereign lord the king (1) entitled an act for the more easy discharge of recognizances estreated into his majesty's court of Exchequer, and your petitioner as in duty bound shall ever pray, &c. D. D. of, &c. the petitioner named in the annexed petition, Affidavit in maketh oath, and saith that the said petition is true in sub-support of stance and matter of fact. D. D. D. D. Sworn in Serjeant's Inn, the 12th day of November, 1792, before me, B. H. same. (s) Ante 1 v. 92, 106. Cro. C. C. 8 Ed. 25. 4 Geo. III. c. 10. 38 Geo. III. c. 52. (t) 4 Geo. III. c. 10. Affidavit of In the Exchequer. poverty to found petition to Court of Exche recogni G. H. of I. K. of in the county of Middlesex, labourer, and in the county aforesaid, yeoman, severally make oath and say, and first, this deponent the said G. H. for quer to dis- himself saith that he is poor and indigent and much reduced charge an in his circumstances, and that he receives relief as a pauper estreat of a from the parish of, and that the petition hereto anzance of bail nexed is true in substance and in fact. And the said I. K. for defenfor himself saith, that he is one of the overseers of the poor of the said parish of, and that the said G. H. is very poor and indigent, and subsists as this deponent verily believes on the relief afforded him as a pauper, by the said parish of Sworn, &c. dant's ap pearance. (u) * 57] General form of com mitment at Public Office, Bow Street. To the keeper of his majesty's gaol of Newgate, or his deputy, (or " To the keeper of the New Prison, at Clerkenwell, or his deputy," or " To the governor of the House of Correcoffice. Bow tion, at Cold Bath Fields, or his deputy.") the Public Street to Newgate, or well, or Cold Bath Middlesex, (to wit.) Receive into your custody the body New Prison, of C. D. of in the county of Middlesex, labourer, (w) Clerken [or if his name be unknown, then describe him by his apparent age, stature, complexion, colour of hair, or other particular circumstance, and add that he refuses to tell his name. (x)] herewith sent you, brought before me, E. F.esquire, one of his majesty's justices of the peace, in and for the said county, by introducing G. H. constable of the parish of in the said county, (y) description and charged before me, the said justice upon the oath of of offence in A. B. (2) with feloniously, &c. Fields Prison, for fe lony or mis demeanour, different forms. (x) [Here concisely state the offence according to the circumstances of the case, &c. as directed ante 1 vol. 110 to 114. No particular mode of introducing the description of the offence appears material. See the different forms post 58, &c. The usual form runs with "feloniously assaulting, &c." or it may be "with having on, &c." or, "for unlawfully, &c." or, "charged with a misdemeanour, to wit, with having, &c." or, (u) Ante, 1 vol. 92, 106. 4 Geo. III. c. 10. 38 Geo. III. c. 52. Toone, 370. Cro. C. C. 8 Ed. 3 to 27. (w) It does not appear to be necessary to state the addition of defendant. Ante, 1 vol. 110. (a) This is the printed form used at Bow Street Office, and the other Police Offices in the Metropolis. See also Toone, 79. 85. Leach, 4 Ed. 663. As to the requisites of the commitment in general, see ante 1 vol. 109. (y) See 1 Hale, 577. Burn, J. Commitment. III. Ante, 1 vol. 110. (z) The statement of the constable bringing the offender does not appear to be necessary. Leach 4 Ed. 663. "with suspicion of having been guilty of, &c." or, "for that he the said C. D. on, &c." If the offence be founded on a statute, conclude, " Contrary to the statute in such case made and provided.” The commitment concludes as follows:] Him, therefore, safely keep in your said custody, [if for want of sureties* in a case where the offence is bailable by the [* 58] magistrate, here insert, "for want of sureties, and," (a)] until he shall be discharged by due course of law; and for so doing this shall be your sufficient warrant. E. F. (justice's signature,) (L. S.) Given under my hand and seal this second day of January, one thousand eight hundred and sixteen. Public Office, Bow Street. Commit. ment by a justice of peace, for To the governor of Tothillfields Bridewell, or his deputy. City and liberty of Westminster, in the county of Middlesex, (to wit.) Receive into your custody the body of herewith sent you, brought before esquire, one of his city and limajesty's justices of the peace, in and for the said city and berty of liberty, by- and charged by before me, the said justice, upon the oath of, &c. [proceed to the end as in the last ster. (b) precedent.] To the governor of Tothillfields Bridewell, or his deputy. Westminster, (to wit.) Receive into your custody the body of Lockhart Gordon and Loudown Gordon, herewith sent you, brought before us, Nicholas Bond, esquire, and Sir William Parsons, Knight, two of his majesty's justices of the peace, in and for the said city and liberty, by John Miller, and charged before us, the said justices, upon the oaths of Rachael Fanny Antonia Lee, wife to Matthew Allen Lee, esquire, Jane Davidson, and others, of having, &c. [here state offence as in the precedent, and conclude, if against a statute, as follows:] contrary to the statute in that case made and provided, and against the peace of our said lord the king, his crown, and dignity, them therefore safely keep in your said custody, until they shall be discharged by due course of law, and for so doing this shall be your sufficient warrant. Given under our hands and seals, this 27th day of January, 1804. Nath. Bond, (L. S.) Wm. Parsons, (L. S.) Westmi 1 Commit justices. (c) ment by two To the keeper of Tothillfields Bridewell, or his deputy, &c. Commit. Middlesex, (to wit.) Receive into your custody the body ment for of Robert Fletcher, herewith sent you, brought before me, sending a mitting magistrate may be re- (b) See notes to last prece dent. (a) In case the defendant was committed for want of sureties the following words are sometimes written by the Magistrate at the foot of the commitment: "In case of any application for ante 57. bail it is requested that the comCrim. Law. VOL. IV. (c) See notes to precedent, H party con appear at pe. ce challenge, Aaron Graham, esq. one of his majesty's justices of the fessing the peace, in and for the said county, he being charged on oath, offence and and also on his own confession before me, the said justice, not finding with having sent a challenge to Sir John Lowner Johnstone, sureties to baronet, on the 25th of November instant, at the parish of St. General Mary le bone, in the said county, to fight a duel with* and Quarter against him the said Robert Fletcher, against the peace, &c. Sessions and and the said Robert Fletcher, being now required of me the to keep the said justice to enter into recognizance with two sufficient [59] sureties, himself in the sum of 500l. and each surety in the sum of 2501. for his personal appearance, at the next General Quarter Session of the peace, in and for the said county, after the expiration of one year from this day, to answer what shall be objected against him, and in the mean time to keep the peace towards the said Sir John Lowner Johnstone, baronet, and all his majesty's liege subjects. And the said Robert Fletcher having neglected, and refused to enter into recognizance with such sureties as aforesaid, him therefore safely keep in your said custody, for want of such sureties, and until he shall be discharged by due course of law, and for so doing this shall be your sufficient warrant. Given under my hand and seal this 26th day of November, 1808. A. G. (L. S.) Police Office, Union Hall, Southwark. The like at Police Of fice Union wark. (d) Surrey, (to wit.) To G. H. of a constable; and to Hall, South-the keeper of his majesty's gaol in and for the said county. Whereas C. D. of, &c. is now brought before me, E. F. esq. one of his majesty's justices of the peace in and for the said county, and charged on the oath of A. B. of, &c. for that, on, &c. [here state the offence (e) as directed ante 57.] These are, therefore, in his majesty's name, to command you, the said constable, to convey the said C. D. to the said keeper; and you the said keeper are hereby required to receive and safely keep the said C. D. in your said gaol, until he shall be thence discharged by due course of law and for so doing this shall be your sufficient warrant. Given under my hand and seal this second day of January, one thousand eight hundred and sixteen. E. F. (L. S.) Essex, (to wit.) E. F. esquire, one of the justices of our Mittimus or said lord the king assigned to keep the peace within the said ment for an County of Essex. Form of commit assault, mis To the constable of the parish of Barking, in the said demeanour county of Essex, and to the keeper of at or felony, said county. (d) See notes to precedent, ante 57. (e) As to the modes of introducing the description of the offence, see ante 57. This is the in the usual printed form at this office for a commitment for highway robbery: see the other commitments, post. |