my hand and seal, the Lord day of in the year of our J. P. The description of the offence may be in the same form as in a commitment. See the forms, post, p. 19, &c. Care must be taken that the warrant be drawn up in terms sufficiently certain; a warrant to apprehend "all persons suspected" of an alleged offence, 2 Hale, H. 112, or to apprehend "the authors, printers, and publishers," of a libel, without naming them, Money v. Leach, 1 W. Bl. 555, or the like, would be bad, and might subject the person issuing or executing it to an action for false imprisonment. The warrant may be directed to any person. But it is usually directed to the constable of the district, in which it is to be executed; for he alone can be punished for neglecting or refusing to execute it. It is not returnable at any particular time, but remains in force until it is executed. See Mayhew v. Parker, 8 T. R. 110. How, and in what cases backed.] By stat. 24 Geo. 2, c. 55, s. 1, if any person, against whom a warrant shall be issued, shall escape, go into, reside, or be in any place out of the jurisdiction of the justice granting the warrant, either before or after the issuing thereof; any justice for the county or place, where such person shall so escape or be, upon proof on oath of the handwriting of the justice granting such warrant, shall indorse his name thereon; which shall be a sufficient authority to the person bringing such warrant, and to all other persons to whom the same was originally directed, to execute the same in such other county or place, and to carry the offender before the justice who indorsed the warrant, or some other justice or justices of that county, if the offence be bailable, and the offender be ready to give bail for his appearance at the next assizes or sessions for the county or place where the offence was committed; and such justice or justices shall take bail accordingly, and shall deliver the recognizance, together with the examination or confession of the offender, and all the proceedings relating thereto, to the constable, or other person, who shall (on pain of £10 to him who shall sue) deliver over the same to the clerk of assize, or clerk of the peace, where the offender is required to appear. And if the offence be not bailable, or he shall not give bail to the satisfaction of the justice before whom he is brought, the constable or other person shall carry the offender before a justice of the proper county or place where the offence was committed, there to be dealt with according to law. The magistrate cannot exercise a discretion in this matter; but he must back the warrant, if oath be duly made of the handwriting of the justice who granted it. R. v. Kynaston, 1 East, 117. Also, by stat. 13 Geo. 3, c. 31, s. 2, if any person against whom a warrant shall be issued by the Lord Justice-General, Lord Justice-Clerk, or any of the Lords Commissioners of Justiciary, or by any sheriff, or steward-depute or substitute, or justice of the peace, of Scotland, for any offence against the laws of Scotland, shall escape or go into England, any justice of the county or place where such person shall be, may indorse his name on the said warrant; which warrant, so indorsed, shall be a sufficient authority to the person bringing such warrant, and to all persons to whom it was originally directed, and also to all constables, and other peace-officers where such warrant shall be so indorsed, to execute the same in the county or place where it is so indorsed, by apprehending the person against whom such warrant is granted, and to convey him into the county or place in Scotland (being adjacent to England) where the offence was committed, before the sheriff or steward depute, or substitute, or a justice of such county or place, to be there dealt with according to law; or, in case the offence was committed in a county not next adjacent to England, then to convey him to any county of Scotland adjacent to England, before the sheriff or steward depute or substitute, or a justice there, who shall proceed with regard to such person according to the rules and practice of the law of Scotland, in like manner as if he had been apprehended in the said county. And by stat. 44 Geo.3, c. 92, s. 3, if any person, against whom a warrant shall be issued by any of the Judges of the court of King's Bench, or any justice of oyer and terminer or gaol delivery, or any justice of the peace, or other person having authority to issue the same, for any crime or offence against the laws in force in Ireland, shall escape, go into, reside, or be in any place in England or Scotland respectively, any justice of the peace of the county, stewartry, riding, division, city, liberty, town, or place in England or Scotland respectively, whither or where such person shall escape, go into, reside, or be, may indorse his name on such warrant; which warrant, so indorsed, shall be a sufficient authority to the person bringing such warrant, and to all persons to whom it was originally directed, and also to all constables or other peace-officers of the place where such warrant shall be so indorsed, to execute the said warrant in the place where it is so indorsed, by apprehending the person against whom such warrant is granted, and to convey him, by the most direct way, into Ireland, and before one of the justices of the peace of the county in Ireland living near the place and in the county where he shall arrive; which justice is to proceed with regard to such person, as if he had been legally appre hended in the said county in Ireland. Form of the Indorsement. Northumberland, to wit: Forasmuch as proof upon oath hath been made before me, L. M., one of his Majesty's justices of the peace for the said county of Northumberland, that the name J. P. to the within warrant subscribed, is of the hand-writing of the justice of the peace within mentioned: I do therefore hereby authorize A. B., who bringeth to me this warrant, and all other persons to whom the said warrant was originally directed, to execute the same within the said county of Northumberland. Given under my hand, this day of year of our Lord 1828. in the L. M. CHAPTER II. THE EXAMINATION. By stat. 7 Geo. 4, c. 64, s. 2, justices of peace, before they shall admit to bail, or commit to prison, any person arrested for felony, or on suspicion of felony, shall take the examination of such person, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing. And every such justice shall have authority to bind by recognizance all such persons as know or declare any thing material touching any such felony or suspicion of felony, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions, or sessions of the peace, at which the trial thereof is intended to be, then and there to prosecute or give evidence against the party accused. And such justices and justice respectively shall subscribe all such examinations, informations, bailments, and recognizances, and deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court. And by sect. 3, every justice of the peace before whom any person shall be taken on a charge of misdemeanor, or suspicion thereof, shall take the examination of the person charged, and the information upon oath, of those who shall know the facts and eircumstances of the case, and shall put the same, or as much thereof as shall be material, into writing, before he shall commit to prison or require bail from the person so charged; and in every case of bailment shall certify the bailment in writing; and shall have authority to bind all persons by recognizance to appear to prosecute or give evidence against the party accused, in like manner as in cases of felony; and shall subscribe all examinations, informations, bailments, and recognizances, and deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court, in like manner as in cases of felony. And by sect. 5, if any justice shall offend in any thing contrary to the true intent and meaning of these provisions, the court, to whose officer any such examination, information, evidence, bailment, recognizance, or inquisition ought to have been delivered, shall, upon examination and proof of the offence in a summary manner, set such fine upon every such justice as the court shall think meet. Depositions of witnesses.] As soon, therefore, as the party accused is brought before the justice, the latter, after informing himself of the nature of the charge from the warrant or otherwise, calls upon the witnesses for the prosecution to give their evidence, and administers to each the following Oath. "You shall true answer make to all such questions as shall be demanded of you; so help you God.” The justice then proceeds to examine the witness, and takes down his deposition in writing. The following is the form of a Deposition of a Witness. Berkshire: The examination of C. D., of labourer, in the year of our Lord taken on oath this day of one thousand eight hundred and twenty-eight, before me, J. P., one of his Majesty's justices of the peace for the county aforesaid, in the presence and hearing of A. B., charged this day before me the said justice, for that he the said A. B., on, at [&c. describing the offence, as in a warrant or commitment. See post, p. 19, &c. Then let him This deponent saith, that" [&c. stating the deposition of the witness, as nearly as possible in the words he uses. subscribe his name to the deposition.] Taken before me, the day and year C. D. Prisoner remanded.] If, from the absence of witnesses, or from any other reasonable cause, it become necessary or advisable to defer the examination for any time, the justice may do so. If the accused be in the custody of the constable, under the warrant, and it be intended to resume the examination on the next day, or within some other short period, a mere verbal order to the constable to bring the prisoner before the justice at the time appointed, will be sufficient, and the prisoner remains in custody under the warrant in the mean time. See 2 Hale, H. 120. But if it be necessary to remand him for any considerable period, it be prudent to commit him to prison in the mean time, under the following may |