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some person employed in the post office, against the statute,

&c.

No. 4. The like, for Larceny in stealing Effects of the Bank, against one of its Officers, under 15 Geo. 2. c. 13.

s. 12.

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For that the said being an officer and servant of the governor and company of the bank of England, and being entrusted with effects of the said governor and company, did feloniously secrete, embezzle, and run away with, in the [city of London], certain of such effects, and particularly a note of the said governor and company; for pounds, contrary

to the statute, &c.

SUPERSEDEAS.

If a person suspects that an indictment has been found against him by a grand jury, and that a warrant will be issued to apprehend him for some trifling misdemeanor, and is desirous of preventing an arrest, he may, whether he is under recognisance to appear or not, apply to the clerk of the peace or search the office, to ascertain if any indictment has been found against him, and procure a certificate thereof, and thereupon attend before a judge of the King's Bench, or a justice of the peace, and produce the certificate, together with two sufficient persons to become bail, who will take a recognisance to appear and answer, and grant him a supersedeas, which will protect him from arrest. After the supersedeas granted, no judge's or justice's warrant can be of any avail, as the defendant has only to produce it and it must be respected by the officer. Cro. Car. 16, 17. Dalt. c. 193.

c. 175.

If the party is taken on a bench or other warrant, and cannot procure bail, he must be committed for trial. See title COMMITMENT, Vol. I.

No. 1. Supersedeas after Indictment found for an Assault.

County of To all and every the constables and others his majesty's officers of the peace whom these may or shall concern.

to wit.
These are to certify you and every

of you that

late of

in the said county, came this day before me W. R. esquire, one, &c. and entered into a recognisance with sufficient sureties for his personal appearance at the said general [or general quarter] sessions of the peace to be holden for the said county, then and there to answer such matters and things as shall be objected against him on his majesty's behalf, and particularly to answer to an indictment found against him for assaulting, beating, and wounding and in the mean

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time to keep the peace and be of good behaviour.

These are therefore in his majesty's name to command you and every of you, on sight hereof, not to molest or attach the body of the said for or by reason of any warrant issued against him for the said offence: and if the said

be

already arrested and in your custody for the said offence, and for no other, that you forthwith, on sight hereof, set him at liberty, as you will answer the same at your peril. under my hand and seal this

day

of

the year of our Lord one thousand eight hundred and

Given

in

No. 2. The like, after Indictment found, and before Ap

pearance.

County of To all constables, headboroughs, and other peace officers whom these may concern.

to wit.

Whereas

hath this day found sufficient sureties before me W. R. esquire, one, &c. for his personal appearance at the next general [or general quarter] sessions of the peace to be holden on [or at ], then and there to plead to a bill of indictment found against him at the next general [or general quarter] sessions of the peace for the said county, for [state the offence]: To which indictment he the said

hath not yet appeared or pleaded, as appears to me by certificate under the hand of esquire, clerk of the peace for the said county of dated the day of

one

These are there

thousand eight hundred and twenty fore in his majesty's name to charge and command you and every of you, on sight hereof, to forbear to arrest, imprison, or molest, or otherwise detain the body of the said

for or

by reason of the fact or cause above mentioned, and no other, and this shall be to you, each and every of you, a sufficient warrant. Given under my hand and seal this

in the year of our Lord 182 .

day of

No. 3. The like, in another form, Defendant having found Sureties to appear at the Sessions.

County of

to wit.

W. R. esquire, one of his majesty's justices of
the peace
for the county of

aforesaid.

To the sheriff, bailiff, constables and others, the faithful ministers and subjects of our said lord the king within the county of and to every of them, greeting.

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in the said county, yeoman, in the said county,

hath personally come before me at

**

and hath found sufficient sureties, that is to say,

and

for the said

of

either of which hath undertaken

under the pain of

of

pounds, and he the

said hath undertaken for himself, under the pain of forty pounds, that he the said shall personally appear at the next general quarter sessions of the peace to be holden in and for the said county, then and there to do and receive what shall be enjoined him by the said court; and in the mean time shall well and truly keep the peace [or be of good behaviour] as well towards his said majesty as towards all his liege people, and especially towards in the said county. Therefore on behalf of our said lord the king I do command you and every of you that you utterly forbear and suspend [or surcease] to arrest, take, and imprison, or otherwise by any means for the said cause to molest the said

of

and if you have for the said occasion and for none other taken or imprisoned the said that then him you deliver or cause to be delivered and set at liberty without further delay.

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*The supersedeas is good though it does not name the sureties or the sum ; but it is better to state both. Dalt. c. 175. p. 475.

Given at

aforesaid, in the county aforesaid, under my in the year of our Lord

hand and seal this

day of

one thousand eight hundred and

SURETIES.

EVERY peace officer may lawfully arrest a party actually committing or about to commit a breach of the peace upon view without a warrant; but a third case may arise, where the breach of the peace may happen, or be threatened, when no peace officer is within view to restrain it, and when the individual threatened does not or cannot claim sureties, but when a third person, for the preservation of the peace may apply to a justice for his warrant, on such occasions the following form, or something like it, suited to the case, may be used.

No. 1. Warrant to apprehend Disturbers of the Peace by Persons not being Peace Officers, but Special Constables for the Occasion, under 34 Edw. 4. c. 1.

County of To the constable of

to wit.

and to

and

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in the said county,

all of

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in the

said county, our special constables for this

occasion, and to each and every of them, greeting.

Forasmuch as it is made appear to us W. R. and E. R. M. esquires, two of his majesty's justices assigned to keep the peace within the county aforesaid, on the oaths of

and

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and

or, to set fire to the as it may be, or, have

[gentlemen, being honest and credible persons], that being persons of evil fame, riotous, and disturbers of the public peace, have at in the county aforesaid [placed themselves in threatening attitudes, and with pistols, or swords, or sticks as it may be, threatened to beat, maim, or kill, as it may be, one house, or barn, or stacks of actually beat, maimed, &c.], to the great terror of the king's subjects, and to the great disturbance of the public peace and the breach thereof. These are therefore in his said majesty's name to require you and every and all of you to be aiding and assisting, and to bring before us immediately on sight hereof, the said to find sufficient sureties for their personal appearance at the next general [or general quarter]

and

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sessions of the peace to be holden in and for the said county and also that the said

at

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and

shall in the mean time keep the peace and be of good behaviour to his majesty and all his liege subjects, and especially towards the said the complainant. Given, &c.

The foregoing form is in the name of two justices because it is more consonant with the provisions of the 34 Edw.4. but there is no doubt it may be legally issued by one justice.

No. 2. Information and Complaint to require Surety of the Peace and Good Behaviour.

of

The information and complaint of
in, the said county of
, yeoman, taken
upon oath before me, one of his majesty's

justices of the peace in and for the said county, the
one thousand eight hundred and twenty

County of

to wit.

day of

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in the said county, yeoman, now last past, at

in the

said county, threaten to, &c. [state the precise threats and words used], and that from the above and other threats used by the said towards this complainant, he this complainant is afraid that the said will do him some bodily injury, and therefore prays that the said may be required to find sufficient sureties to keep the peace and be of good behaviour towards him this complainant. And the said also says, that he doth not make this complaint against, nor require such sureties from the said from any malice or ill-will, but merely for the preservation of his person from injury.

Sworn before me,

No. 3. Form of Warrant on the above Complaint.

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this day made oath before me, one of his majesty's justices

in the said county, yeoman, hath

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