Page images
PDF
EPUB

No.

Page.

83

Notice of publication of award

704

84

Notice to judgment debtor to attend and be examined.

704

85

Garnishee summons

705

[blocks in formation]

705

87

Notice of proposed sureties

705

88

Notice by Registrar of day and hour upon which bond to be

[blocks in formation]

The following is the General Heading referred to in these Forms.

In Her Britannic Majesty's Consular Court at [Smyrna].

[blocks in formation]

With this addition in the original summons, and in every subsequent paper issued in a civil action:

[blocks in formation]

The following is the form of Jurat to an Affidavit referred to in

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

You have this day been charged [on oath] before this Court for that you stating shortly the offence charged].

Therefore you are hereby commanded, in the name of Her Majesty Queen Victoria, to appear.before this Court on [Saturday next], the

[merged small][ocr errors][merged small]

to answer to the said charge, and to be further dealt with according to law.

[ocr errors]

FORM 3.

J. S. (Seal.)

Warrant for Arrest of Accused where Summons is disobeyed.

To X. Y., and other officers of this Court.

A. B, of

19

(General Heading.)

[blocks in formation]

charged [on oath] before this Court for that [as in summons].

And the said A. B. was, by summons of this Court, commanded to appear before this Court on

at

[ocr errors]

at

[ocr errors]

to the said charge, and to be further dealt with according to law.

to answer

And (as it has now been proved to this Court) he was duly served with the said summons. But he has not appeared according thereto.

Therefore, you are hereby commanded, in the name of Her Majesty Queen Victoria, forthwith to apprehend him, and to bring him before this Court to answer to the said charge, and to be further dealt with according to law. J. S. (Seal).

FORM 4.

Warrant in First Instance for Arrest of Accused.
(General Heading.)

To X. Y., and other officers of this Court.

A. B., of [labourer], has this day [or other date] been charged on oath before this Court for that he [stating shortly the offence charged].

Therefore, you are hereby commanded, in the name of Her Majesty Queen Victoria, forthwith to apprehend the said A. B., and to bring him before this Court to answer to the said charge, and to be further dealt with according to law.

[blocks in formation]

(b.) That you [further charge, if any, which may be joined].

[ocr errors]

19,

On the said charge [or charges] you are to be tried before this Court [or the Supreme Court, or as the case may be].

2. Statement of offence [after date and place of offence, according to circumstances].

(1.) Did murder one C. D.

[NOTE-Unnecessary to aver felonious intent or malice aforethought.]

(2.) Did commit manslaughter by causing the death of C. D.

[NOTE.-In cases under Article 55 of the Order, unnecessary to aver that the wound was given on the high seas, and that the death occurred at Constantinople.]

(3.) Did commit theft by stealing from the house of C. D. certain goods, namely, &c.

[merged small][ocr errors][merged small]

(5.) Did commit burglary by breaking into the house of C. D. by night. [NOTE.- Unnecessary to aver intent to commit felony.]

(6.) Did receive certain stolen goods, namely, &c., contrary to section 95 of "The Larceny Act, 1861."

(7.) Did set fire to the dwelling-house of C. D., contrary to section 2 of "The Malicious Damage Act, 1861."

(8.) Did throw into a ship an explosive substance contrary to section 30 of "The Offences against the Person Act, 1861."

(9.) Did obstruct C. D., an officer of the Consular Court at

in the performance of his duty, contrary to Article 160 of "The Ottoman Order in Council, 1899."

FORM 6.

Warrant remanding the Accused Person.

(General Heading.)

To X. Y., officer of this Court, and to the keeper of [

at [

of

].

] prison

Whereas a complaint [or charge] has been made in this Court against A. B., [labourer], for that [shortly state complaint or

charge].

[ocr errors]

And it appears to this Court necessary to remand the said A. B.

Therefore you are hereby commanded, in the name of Her Majesty Queen Victoria, you, the above-named X. Y., forthwith to convey the said A. B. to the above-mentioned prison, and there deliver him to the keeper thereof, together with this warrant. And you, the keeper of the said prison, to receive the said A. B. into your custody in the said prison, and there safely keep him until the day of instant, and then to have him before

this Court at [10 o'clock in the forenoon] of the same day at [ ] to answer further to the said charge, and to be further dealt with according to law.

FORM 7.

J. S. (Seal.)

Recognizance of Bail on Adjournment of Hearing or for Surrender for Trial.

[merged small][merged small][ocr errors][merged small][merged small]

and V. O., of

[butcher], come personally before this Court, and severally acknowledge ourselves to owe to our Sovereign Lady Queen Victoria the several sums following, namely, the said A. B. the sum of £ sterling, and the said L. M. and N. O. the sum of £

sterling each, to be levied

on our several goods, if the said A. B. fails in the condition hereon indorsed.

[blocks in formation]

The condition of the within-written recognizance is as follows:

The within-bounden 4. B. has been charged before this Court for that [as

in summons].

at

If, therefore, the said A. B. appears *before this Court on

o'clock, at

[ocr errors]

to answer [further] to the said charge, and to be [further] dealt with according to law, then the said recognizance shall be void, and otherwise shall remain in full force.

[Where the recognizance is for surrender for trial, substitute for the words between asterisks**the following:-] before [

[merged small][merged small][merged small][merged small][ocr errors][merged small]

to such charge as may be preferred against him for the offence aforesaid, and take his trial thereon, and not depart from the Court without leave.

144. Witnesses and complainants. For professional men, merchants, and the like, not exceeding per day

For other persons, not exceeding per day

£ s. d.

100

..

0 10 0

Travelling expenses for assessors, jurors, and com-
plainants and witnesses may be allowed in addition
to the above.

No.

SECOND SCHEDULE.

INDEX TO FORMS.

CRIMINAL.

Page.

1234

Complaint

665

Summons to accused

665

Warrant for arrest of accused where summons not obeyed
Warrant in first instance for arrest of accused

666

5

Charges

666

Warrant remanding the accused person

667

Recognizance of bail on adjournment of hearing or for sur-
render for trial ..

[blocks in formation]

Warrant for commitment of witness for refusing to be sworn,
or to give evidence

669

12

Summary conviction for a fine to be levied by distress, and in
default of sufficient distress, imprisonment; or for a fine,
and in default of payment, imprisonment

669

13

Summary conviction where the punishment is imprisonment
and no fine

670

14

15

16

Certificate of dismissal of charge to be given to accused
Condition of recognizance for securing payment by instalments.
Warrant of distress upon conviction, or where the person

670

670

convicted is to pay costs, but no fine

671

17

Warrant of commitment for want of distress

672

18

Warrant on a conviction for a fine, for commitment of the
person convicted in the first instance, without previous
warrant of distress

672

19

673

673

674

Warrant of distress for costs to be paid by the person making
the charge on an order for dismissal of the charge ..

20 Warrant of commitment for want of distress in the last case ..'
Deposition ..

[ocr errors]

Statement of the accused

Warrant to commit for trial

Condition of buil to appear at trial

673

Recognizance binding prosecutor or witness to prosecute or
give evidence

675

Notice of recognizance to be given to prosecutor and each of

his witnesses

676

Commitment of witness for refusing to enter into recognizances. 676

Subsequent order to discharge witness

676

Receipt for prisoner..

677

Information to ground search warrant

677

31

Search warrant

677

« PreviousContinue »