« PreviousContinue »
together with this warrant; and you, the said keeper of the said prison, to receive the said A. B. into your custody in the said prison, and there to imprison him (and keep him to hard labour] for the space of [
], unless the said several sums [und the costs and charges of the conveying him to the said prison, amounting to the further sum of £ ] be sooner paid.
Warrant of Distress for Costs to be paid by the Person making the Charge on
an Order for Dismissal of the Charge.
To X. Y., officer of this Court.
19 both parties appeared before this Court in order that it should hear and determine the said charge (or the said A. B. appeared before this Court, but the said C.D., although duly called, did not appear], ard thereupon the matter of the said charge being duly considered by this Court, * and it manifestly appearing to this Court that the said charge was not proved, * this Court did dismiss the same, and adjudge that the said C. D. should pay to the said A. B. the sum of £
sterling, for his costs in that behalf, and that if the said sum should not be paid forth with (or on or before
], then the sum should be leried by distress and sale of the goods of the said C. D.
And the said C. D. although required to pay the same according to the said order, has not paid the same.
Therefore you are hereby commanded
[Proceed as in the commanding part of the form of warrant of distress upon conviction, where the person convicted is to pay costs, but no fine (Form 16), only substituting the name of C. D., the prosecutor, for the name of A. B., the accused, and for the word sums at the mark + the word sum.]
Warrant of Commitment for Want of Distress in the last Case.
To X. Y., officer of this Court, and to the keeper of [
] prison ]. [Proceed as in Form 19 down to the commencement of the commanding part, and then thus :-) And on the
19 this Court issued a warrant to you, the above-named X. Y. [proceed as in Form 16, only substituting the name of C.D., the prosecutor, for the name of A. B., the accused).
This is to command you to whom this warrant is addressed to lodge the said of
in Her Britannic Majesty's Consular Prison (or as the case may be] at
there to be imprisoned by the keeper of the said prison as follows :
And for so doing this shall be to you, and all whom it may concern, a sufficient warrant.
J.S. (Seal.) To
Condition of Bail to appear at Trial.
(General Heading.) The condition of the within-written recognizance is such that whereas the said A. B. was this day charged before me in Her Britannic Majesty's Consular Court at
for that if, therefore, the said A. B. will appear at the next Criminal Session of the Supreme Court (or as the case may be], and there surrender himself into the custody of the keeper of the Civil Prison there, and plead to such charge as may be laid against him, and take his trial upon the same, and not to depart the suid Court without leave, then the said recognizance to be void, or else to stand in full force and virtue.
Recognizance binding Prosecutor or Witness to Prosecute or give Evidence.
(General Heading.) C. D., of
[labourer], comes personally before this Court, and acknowledges himself to owe to our Sovereign Lady Queen Victoria, the sum of
sterling, to be levied on his goods if he fails in the condition herein indorsed.
(Signed) C. D.
[labourer], be put on his trial (as in Form ].
If, therefore, the within-named C. D. appears before this Court (or as the case may be] on [
] a [
], * and then and there prosecute the charge [and gives evidence thereon],* then the said recognizance shall be void, and otherwise shall remain in ful force.
(Where the recognizance is only to give evidence, substitute for the words between the asterisks * the following:] and then and there gives evidence on the said charge.
FORM 26. Notice of Recognizance to be given to Prosecutor and each of his Witnesses.
(General Heading.) To C. D., of
[labourer] You are bound in the sum of £ sterling to appear before this Court on C ] at [
), and then and there to prosecute and give evidence against [or to prosecute, or to give evidence against] A. B., of
, [labourer], and unless you do so, that sum will be forthwith levied by seizure and sale of your goods.
Commitment of Witness for refusing to enter into Recognizances.
(General Heading.) To X. Y., officer of this Court, and to the keeper of [
) prison at [
]. C.D., of
[labourer], has been charged before this Court for that (as in summons]. And E. F., of
[labourer), having been now examined before this Court concerning the said charge, and being required, refuses to enter into a recognizance to give evidence against the said C. D.
Therefore you are hereby commanded, in the name of Her Majesty Queen Victoria, you, the above-named X. Y., to take the said E. F., and convey him safely to the above-named prison, and there deliver him to the keeper thereof, with this warrant.
And you, the keeper of the said prison, to receive the said E. F. into your custody in the said prison, and to keep him there safely until after the trial of the said C. D. for the said offence, unless the said E. F. in the meantime consents to enter into such recognizance as aforesaid.
Subsequent Order to discharge Witness.
(General Heading.) To the keeper of the prison at [
] Whereas, by my order dated the
, 19, reciting that A. B. was lately before then charged before me for a certain offence therein mentioned, and that E. F. having appeared before me, and being examined as a witness for the prosecution in that behalf, refused to enter into a recognizunce to give evidence against the said A. B., and I therefore thereby comunitted the said E. F. to your custody, and required you safely to keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter into such recognizance as aforesaid ; and whereas, for want of sufficient ovacience against the said A. B., the said A. B. has nos been committed or holilen to buil for the said offence, but on the contrary theroof has been since discharged, and it is therefore not necessary that the said E. F. should be detained longer in your custody. These are, therefore, to
order and direct you, the said keeper, to discharge the said E. F. out of your custody as to the said commitment, and suffer him to go at large. Given under my hand at
Receipt for Prisoner.
(General Heading.) I hereby certify that I have received from
the body of together with a warrant under the hand of
Esquire, Her Britannic Majesty's [Consul) at
and that the said prisoner w
was at the time he was so delivered into my custody. This day of
Keeper of the
[labourer], sworn, complains that on the the following goods, of the value of
namely: [Here describe the goods.] were stolen and unlawfully carried away from and out of
at by some person or persons unknown, and that he has reasonable cause to suspect, and does suspect, that those goods, or some of them, are concealed in [the dwelling-house (describing it) of A. B., of he, the said C. D., on his oath, deposes and says that
[State the grounds.) Taken and sworn before me, this
(General Heading.) To X. Y., officer, and other officers of this Court. C.D., of
has this day, on oath before this Court, charged i hat [copy from charge), and it appears to this Court that, &c.
You are, therefore, hereby authorized and commanded, in the name of Her Majesty Queen Victoria, with proper assistance, to enter the [dwelling-house) of the said A.B., and there to diligently search for the said goods, and if the same, or any thereof, are found on search, to bring the goods so found, and also the said A. B., before the Court, to be dealt with according to law. [In case of a search warrant for a person, E. F., under Rule 41, substitute : And then to diligently search for the said E. F., and if he be found on search, to bring him before the Court to be dealt with according to law.]