(P 2) See s. 41. SUBSEQUENT ORDER TO DISCHARGE THE WITNESS. Province of Canada, District (or county, united counties, or as the case may be) of To the keeper of the common gaol at of aforesaid in the district (or county, &c.) day of : (instant) reciting Whereas by (my) order dated the 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 recognizance to give evidence against the said A. B., and I therefore thereby committed 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 evidence against the said A. B., the said A. B. has not been committed or holden to bail for the said offence, but on the contrary thereof 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 and seal, this —— day of. in the district (or county, &c.) of Lord at - in the year of our aforesaid. (Q1) See 8. 42. J. S. [L. S.] WARRANT REMANDING A PRISONER, Province of Canada, District (or county, united counties, or as the case may be) of To all or any of the constables or other peace officers in the said district (or county, united counties, or as the case may be) of - and to the keeper of the (common gaol or lock-up house) at in the said district (or county, &c.) of Whereas, A. B. was this day charged before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of for that (&c., as in the warrant to apprehend) and it appears to (me) to be necessary to remand the said A. B.: These are therefore to command you, in Her Majesty's name, forthwith to convey the said A. B. to the (common gaol or lock-up house) at in the said district (or county, &c.) and there to deliver him to the keeper thereof, together with this precept; and I hereby command you, the said keeper, to receive the said A. B. into your custody in the said (common gaol or lock-up house) and there safely keep him until the day of at (instant) when I hereby command you to have him at o'clock in the (fore) noon of the same day before (me) or before some other Justice or Justices of the Peace for the said district (or county, united counties, or as the case may be) as may then be there, to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the meantime. Given under my hand and seal this day of in the year of our Lord at in the district (or county, &c.) aforesaid. J. S. L. S.] (Q 2) See 8. 45. RECOGNIZANCE OF BAIL INSTEAD OF REMAND, ON AN Province of Canada, District (or county, united counties, or as the case may be) of Be it remembered, that on the Lord of day of (laborer) L. L., of in the year of our (grocer) and N. O. A. B., of (butcher) personally came before me (one) of Her Majesty's Justices of the Peace for the said district (or county, united counties, or as the case may be) and severally acknowledged themselves to owe to our Lady the Queen the several sums following, that is to say: the said A. B. the sum of and the said L. M. and N. O. the sum of each, of good and lawful current money of this Province, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he, the said A. B. fail in the condition endorsed. Taken and acknowledged the day and year first above mentioned at before me. CONDITION. J. S. The condition of the within written recognizance is such, that whereas the within bounden A. B. was this day (or on last past) charged before me, for that (&c., as in the warrant); and whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the day of - (instant); if, therefore, the said A. B. shall appear before me on the said at o'clock in the forenoon, or before such other Justice or Justices of the Peace for the said district (or counties, united counties) of (as the case may be) as may then be there, to answer (further) to the said charge, and to be further dealt with according to law, then the said recognizance to le void, or else to stand in full force and virtue. day of (instant) (Q3) See 8. 45. NOTICE OF RECOGNIZANCE TO BE GIVEN TO THE ACCUSED AND HIS SURETIES. Province of Canada, District (or county, united counties, or as the case may be) of Take notice, that you A. B., of are bound in the sum of each, that you A. and your sureties L. M. and N. O. in the sum of B. appear before me, J. S., one of Her Majesty's Justices of the Peace for the district (or county, united counties, or as the case may be) of· on the day of (instant) at o'clock in the (fore) noon, at or before such other Justice or Justices of the same district (or county, united counties, or as the case may be) as may then be there, to answer (further) to the charge made against you by C. D., and to be further dealt with according to law; and unless you A. B. personally appear accordingly, the recognizances, entered into by yourself and sureties will be forthwith levied on you and them. CERTIFICATE OF NON-APPEARANCE TO BE ENDORSED ON THE RECOGNIZANCE. I hereby certify that the said A. B. hath not appeared at the time and place in the above condition mentioned, but therein hath made default, by reason whereof the within written recognizance is forfeited. J. S. (R1) See 8. 48. WARRANT TO CONVEY THE ACCUSED BEFORE A JUSTICE OF THE COUNTY IN WHICH THE OFFENCE WAS COMMITTED. Province of Canada, District (or county, united counties, or as the case may be) of To all or any of the constables or other peace officers in the said district (or county, united counties, or as the case may be) of Whereas, A. B., of · (laborer) hath this day been charged before the undersigned (one) of Her Majesty's Justices of the Peace in and for the district (or county, united counties or as the case may be) of - for that (dc., as in the warrant to apprehend); and whereas (1) have taken the deposition of C. D., a witness examined by (me) in this behalf, but inasmuch as (1) am informed that the principal witnesses to prove the said offence against the said A. B. reside in the district (or county, united counties, or as the case may be) of where the said offence is alleged to have been committed: These are therefore to command you, in Her Majesty's name, forthwith to take and convey the said A. B. to the said district (or county, united counties, or as the case may be) of and there carry him before some Justice or Justices of the Peace in and for that district (or county, united counties, or as the case may be) and near unto the (Township of -) where the offence is alleged to have been committed, to answer further to the said charge against him or them, and to be further dealt with according to law; and (1) hereby further command you to deliver to the said Justice or Justices the information in this behalf, and also the said deposition of C. D., now given into your possession for that purpose, together with this precept. day of Given under my hand and seal this in the year of our aforesaid. J. S. [L. s.] (R2) See s. 50. RECEIPT TO BE GIVEN TO THE CONSTABLE BY THE JUSTICE FOR THE COUNTY IN WHICH THE OFFENCE WAS COMMITTED. Province of Canada, District (or county, united counties, or as the case may be) of I, J. P., one of Her Majesty's Justices of the Peace in and for the district (or county, &c.) of hereby certify that W. T., constable or peace officer of the district (or county, united counties, or as the case may be) of one thousand eight hundred and has on the day of by virtue of and in obedience to a warrant of J. S., Esquire, one of Her Majesty's Justices of the Peace in and for the district (or county, united counties, or as the case may be) of· produced before me one A, B., charged before the said J. S. with having (&c., stating shortly the offence) and delivered him into the custody of by my direction, to answer to the said charge, and further to be dealt with according to law, and has also delivered unto me the said warrant, together with the information (if any) in that behalf, and the deposition (s) of C. D. (and of ——) in the said warrant mentioned, and that he has also proved to me upon oath the handwriting of the said J. S. subscribed to the same. Dated the day and year first above mentioned, at (county, &c.) of. in the said district J. P. (S1) See s. 52. RECOGNIZANCE OF BAIL. Province of Canada, District (county, united counties, or as the case may be) day of in the year of our (grocer) and N. O., undersigned, two of Her Majesty's Justices of the Peace for the said district (or county, united counties, or as the case may be) and severally acknowledged themselves to owe to our Lady the Queen the several sums following, that is to say, the said A. B. the sum of - each, of good and lawful current money of this Province, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he, the said A. B., fail in the condition endorsed. and the said L. M. and N. O. the sum of Taken and acknowledged the day and year first above mentioned at before us. J. S. J. N. CONDITION. The condition of the within written recognizance is such, that whereas the said A. B. was this day charged before (us) the Justices within mentioned, for that (&c., as in the warrant); if, therefore, the said A. B. will appear at the next court of oyer and terminer or general gaol delivery or court of general quarter sessions of the peace, to be holden in and for the district (or county, united counties or as the case may be) of — and there surrender himself into the custody of the keeper of (common gaol or lock-up house) there, and plead to such indictment as may be found against him by the grand jury, for and in respect to the charge aforesaid, and take his trial upon the same, and not depart the said court without leave, then the said recognizance to be void, or else to stand in full force and virtue. (S 2) See 8. 52. NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE ACCUSED AND HIS BAIL. Take notice that you A. B., of are bound in the sum of and your sureties (L. M. and N. O.) in the sum of each, that you A. B. appear (&c., as in the condition of the recognizance) and not depart the said court without leave; and unless you, the said A. B., personally appear and plead, and take your trial accordingly, the recognizance entered into by you and your sureties shall be forthwith levied on you and them. one thousand eight hundred and Dated this day of J. S. (S3) See ss. 54, 56. WARRANT OF DELIVERANCE ON BAIL BEING GIVEN FOR A PRISONER ALREADY COMMITTED. Province of Canada, District (county, united counties, or as the case may be) of To the keeper of the common gaol of the district (or county, united counties, or as the case may be) at in the said district (or county, united counties, or as the case may be) at Whereas, A. B., late of (laborer) hath before (us) (two) of Her Majesty's Justices of the Peace in and for the said district (county, united counties, or as the case may be) of entered into his own recognizance, and found sufficient sureties for his appearance at the next court of oyer and terminer or general gaol delivery, or court of general quarter sessions of the peace, to be holden in and for the district (or county, united counties, or as the case may be) of to answer our Sovereign Lady the Queen, for that (&c., as in the commitment) for which he was taken and committed to your said common gaol: These are therefore to command you in Her said Majesty's name, that if the said A. B. do remain in your custody in the said common gaol for the said cause and for no other, you shall forthwith suffer him to go at large. |