shall rescue, or aid and assist in rescuing, from the lawful custody of any constable, officer, headborough, or other person whomsoever, any person charged with, or suspected of, or committed for any felony, or on suspicion thereof, then if the person or persons so offending shall be convicted of felony, and be entitled to the benefit of clergy, and be liable to be imprisoned for any term not exceeding one year, it shall be lawful Punishment. for the court by or before whom any such person or persons shall be convicted, to order and direct, in case it shall think fit, that such person or persons, instead of being so fined and imprisoned as aforesaid, shall be transported beyond the seas for seven years, or be imprisoned only, or be imprisoned and kept to hard labour in the common gaol, house of correction, or penitentiary house, for any term not less than one and not exceeding three years. (1) Indictment. BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that before the committing of the offence hereinafter mentioned, to wit, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God, of the united kingdom of Great Britain and Ireland king, defender of the faith, at the parish of · , in the county of Berks aforesaid, one A. B. was apprehended and taken by John Nokes, (the said John Nokes then and there being a constable for the parish aforesaid) on suspicion of having feloniously stolen, taken and carried away of the goods and chattels of one C. D.; and which said A. B. afterwards, at the general quarter sessions of the peace, holden at in and for the county aforesaid, on, was duly convicted of and for the said felony; and that the said A. B. being so ap (1) As to the punishment before this statute, see R. v. Stanley and others, R. & R. 432. E Public act. prehended and taken as aforesaid, afterwards, and whilst he was in custody of the said John Nokes, as such constable as aforesaid, for the cause aforesaid, to wit, on the day and year first aforesaid, at the parish aforesaid, in the county aforesaid, Joseph Styles, late of the parish aforesaid, in the county aforesaid, labourer, unlawfully and feloniously did rescue, and did aid and assist in rescuing him the said Ă. B. from the said lawful custody of the said John Nokes; against the form of the statute in such case made and provided, and against the peace of our lord the king, his crown and dignity. Evidence. To maintain this indictment, the prosecutor must prove1. The apprehension of A. B., and the cause of it, as stated in the indictment. 2. That whilst he was in custody of the constable, the defendant rescued him. But if 3. That A. B. was afterwards convicted of the felony for which he was apprehended, as stated in the indictment; in which case the rescue is a felony, and the defendant subject to the punishment above mentioned in the statute. the party rescued have not been convicted, the rescue is merely a misdemeanor at common law, and punishable with fine and imprisonment; in which case, the statement of the conviction, as in the above form, must of course be omitted, as also the word "feloniously," in stating the rescue, and the conclusion against the form of the statute. II. [By this section, persons assaulting constables, to prevent the apprehension or detainer of persons charged with felony, were subject to imprisonment and hard labour. This section, however, is repealed by stat. 9 Geo. 4. c. 31. s. 1.] III. And be it further enacted, That this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded. 3 GEO. IV. c. 23. An Act to facilitate Summary Proceedings before [15th May, 1822.] of conviction, WHEREAS great inconveniences often arise in summary proceedings before justices of the peace, deputy lieutenants, and others, from the want of a general form of conviction: be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That from and after the passing of this General form act, in all cases wherein a conviction shall have where no taken place, and no particular form for the record form prothereof hath been directed, the justice or justices, deputy lieutenant or deputy lieutenants, or other person or persons duly authorized to proceed summarily therein, and before whom the offender or offenders shall have been convicted, shall and may cause the record of such conviction to be drawn up in the manner and form following, or in any words to the same effect, mutatis mutandis; (that is to say), BE it remembered, That on the day of of our Lord County [or, as the case may be] in the year ' of particular vided. be,] personally came before me, (or, before us, ' &c.) C. D. one [or more, as the case may be] of his majesty's justices of the peace for the said and informed me, (or us, &c.) that day of day of 'did [here set forth the fact for which the information is laid] contrary to the form of the statute in such case made and provided, whereupon the 'said E. F. after being duly summoned to answer the said charge, appeared before me, (or us, &c.) " on the at in the said ' and having heard the charge contained in the 'said information, declared he was not guilty of 'the said offence, [or, as the case may happen to be], 'did not appear before me, (or us, &c.) pursuant 'to the said summons, [or, did neglect and refuse 'to make any defence against the said charge]; whereupon I [or we, &c. or, nevertheless I, or we, &c.] the said justice, or justices, did pro'ceed to examine into the truth of the charge 'contained in the said information, and on the day of aforesaid, at the parish of aforesaid, one credible witness, to wit, in the county of 6 'A. W. of 6 6 , upon his oath deposeth and saith, [if E. F. be present, say, in the presence of the said E. F.] that ' within months, [or, as the case may be] next before the said information was made 'before me, (or us, &c.) the said justice by the 'said A. B., to wit, on the • in the year day of ⚫ said county of 6 [here state the evidence, and as nearly as possible in the words used by the 'witness, and if more than one witness be examined, state the evidence given by each] [or if the de'fendant confess, instead of stating the evidence say] and the said E. F. acknowledged and voluntarily confessed the same to be true; there'fore it manifestly appearing to me (or us, &c.) 'that he the said E. F. is guilty of the offence 'charged upon him in the said information, I (or 'we, &c.) do hereby convict him of the offence 'aforesaid, and do declare and adjudge that he the said E. F. hath forfeited the sum of ' of lawful money of Great Britain, for the offence 'aforesaid, to be distributed [or paid, as the case may be] according to the form of the statute in 'that case made and provided. Given under my ' hand (or, our hands, &c.) and seal, the As this precedent is applicable to cases under different circumstances, to cases where the defendant appears, and where he does not, where he pleads guilty, where he pleads not guilty, and where he refuses to make any defence at all, --and it may therefore perhaps appear a little complicated; and as convictions should be drawn up with great care and attention, and with the greatest possible correctness, it may be useful perhaps to give here the forms of conviction, according to the above precedent, which should be adopted in the following instances: 1. Where the defendant appears and pleads not guilty, or refuses to make a defence. 2. Where the defendant appears and confesses. 3. Where the defendant does not appear. 1. Conviction, where the Defendant appears and pleads Not Guilty, or refuses to make a defence. County [or as the case Be it remembered, that on the may be] of day of in the year of our Lord at in the [county] of, A. B. of -, in the county aforesaid, labourer, personally came before me, |