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No.

Page.

83 84 85 86 87

704 704 705 705 705

::::::

Notice of publication of award
Notice to judgment debtor to attend and be examined ::
Garnishee summons
Order for new trial..
Notice of proposed sureties
Notice by Registrar of day and hour upon which bond to be

executed
Affidavit of sufficiency
Judgment in detinue
Warrant of delivery
Form of special case under Article 76

88

89 90 91 92

706 706 707 707 707

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The following is the General Heading referred to in these Forms.
In Her Britopnic Majesty's Consular Court at [Smyrna).

Criminal Jurisdiction.
[or, as the case may be
Civil Jurisdiction.

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day of

, 19.

Probate Jurisdiction.] [Thursday], the

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

Plaintif

and C.D..

Defendant. (or, as the case may be, In the matter of A. B., deceased.]

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

these Forms. Sworn at

this 19 , before me,

X. Y., Registrar,
(or as the case may be.]

day of

CRIMINAL

FORM 1.

on the

Complaint.

(General Heading.) C. D., of

[if on oath add“ being first duly sworn”] complains that A. B., of

day of at

[here shortly desoribe the matter complained of].

(Signed) Taken (or sworn) before me, this

, in the year 19

J.S. (Seal.)

day of

FORM 2.

Summons to Accused.

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(General Heading.) To 4. B., of

[labourer) 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 day of at [10 o'clock in the forenoon] at [

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

J.S. (Seal.)

FORM 3.

Warrant for Arrest of Accused where Summons is disobeyed.

(General Heading.) To X. Y., and other officers of this Court. A. B , of

,[labourer], was on the day of 19 , charged (on onth] 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
at

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

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

, forth with 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).

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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,

J.S. (Seal.)

FORM 5.

19,

Charges.

(General Heading.) 1. General form. You, A. B., are hereby charged as follows :(a.) That you, on or about the

day of at

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

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. (4.) Did, in the course of the trial of

commit perjury by stating in evidence that, &c.

(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 25 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."

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FORM 6.

Warrant remanding the Accused Person.

(General Heading.) To X. Y., officer of this Court, and to the keeper of [

) prison at [

]. Whereas a complaint (or charge) has been made in this Court against A. B., of

, [labourer], for that [shortly state complaint or charge).

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., forth with 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 4. B. into your custody in the said prison, and there safely keep him until the

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.

J.S. (Seal.)

day of

FORM 7.

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

(General Heading.) We, A. B., of [labourer), L. M., of

[grocer], and N.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.

A. B. L, M.

N. 0.
Before me,
J.S. (Seal.)

Condition indorsed.
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].
If, therefore, the said A. B. appears * before this Court on
o'clock, at

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 triul, substitute for the words between asterisks ** the following :-] before [

], on [

], at [ o'clock], at [

), and then and there surrenders himself into the custody of the keeper of the [

) prison there, to answer 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.

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144. Witnesses and complainants. For professional men, mer

chants, and the like, not exceeding per day ..
For other persons, not exceeding per day ..
Travelling expenses for assessors, jurors, and com-

plainants and witnesses may be allowed in addition
to the above.

SECOND SCHEDULE.

INDEX To Foras.

No.

Page.

1 2 3 4 5 6 7

8 9 10 11

669

12

13

14 15 16

CRIMINAL
Complaint

663 Summons to accused

665 Warrant for arrest of accused where summons not obeyed 665 Warrant in first instance for arrest of accused

666 Charges

666 Warrant remanding the accused person

667 Recognizance of bail on adjournment of hearing or for surrender for trial ..

667 Summons to a witness

668 Warrant where witness has not obeyed summons

668 Warrant for witness in first instance

668 Warrant for commitment of witnes for refusing to be sworn,

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

669
Summary conviction where the punishment is imprisonment
and no fine

670 Certificate of dismissal of charge to be given to accused 670 Condition of recognizance for securing payment by instalments. 670 Warrant of distress upon conviction, or where the person convicted is to pay costs, but no fine

671 Warrant of commitment for want of distress

672 Warrant on a conviction for a fine, for commitment of the

person convicted in the first instance, without previous
warrant of distress

672
Warrant of distress for costs to be paid by the person making
the charge on an order for dismissal of the charge ..

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

673 Deposition ...

674 Statement of the accused

674 Warrant to commit for trial

674 Condition of buil to appear at trial

675 Recognizance binding prosecutor or witness to prose«ute 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 Search warrant

17 18

19

20 21 22 23 24

25

26

27 28 29 30 31

..

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