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The King on the Prosecution of 4. B. against C. D. for an

Assault.

I do hereby acknowledge to have received full satisfaction for the assault committed upon me by the abovenamed C. D. and consent to his recognizance being discharged. As witness my hand, this

day of

1817.

A. B.

Witness,

3

E. F.

Affidavit of one of the subscribing Witnesses to the above

Acknowledgement.

E. F. of &c. maketh oath and saith, that he was present, and did see A. B. of &c. sign the acknowledgement of satisfaction for an assault committed upon him, and which is hereto annexed; and that the name A. B. is of the proper hand-writing of the said A. B.

Sworn in Court &c..

This should be sworn at the session, and not before a magistrate at his house; and upon a motion to the court with this acknowledgement annexed, indorsed, "To move to discharge the defendant's recognizance on the within, acknowledgement and affidavit," an order to discharge such recognizance will be made.

BAIL.

If justices refuse bail where it ought to be taken, or admit to bail in cases where it should not be

taken, or take insufficient bail, they are punishable by fine, Haw. P. C. 97. 2 Inst. 291. but excessive bail ought not to be demanded. Haw. P. C.

C. 15.

די

On suspicion of felony only, party may be ad+ mitted to bail.

Ibid.

Persons not bailable - homicides, traitors, incendiaries, coiners, forgers, dangerous rioters, scandalous extortioners, persons guilty of misprision of treason, præmunire, mayhem. 2 Haw. P. C. c. 15.

S. 45.

Bailable offences are-assaults, except where life is endangered; manslaughter, petit larceny, where the value is under 10d. or on suspicion only; and accessaries to felony, if of good reputation. Ibid. and 1, 2, P. and M. c. 13.

If a party is arrested by virtue of a bench war rant, he should give twenty-four hours previous notice of putting in bail before a justice. 30 Geo. II. c. 24. and application may be made to the sessions for longer notice, if necessary.

If bail have sufficient reason to suspect that the principal is likely to deceive them, he may be detained by them, and compelled to appear according to the condition of the recognizance, or he may be brought before a justice, by whom he shall be committed till he find fresh bail. 2 Haw. P. C. c. 15, s. 3.

Recognizance to prefer and prosecute a Bill of Indictment for Felony.

to wit. A. B. of &c. acknowledges

self to

be indebted to our Sovereign Lord the King in the sum of £. C. D. of &c. acknowledges &c. £.

E. F. of &c. acknowledges &c. £.

Upon CONDITION That A. B. do personally apsessions of the at the Sessions

pear at the next general [or general quarter] peace to be held for the said county of House at, then and there to prefer a bill of indictment, and to prosecute the law with effect, and give evidence in His Majesty's behalf, against C. D. for feloniously taking and stealing two silver candlesticks, the property of the said A. B. wherewith he stands charged before (the justice who committed.)

And if the bill be found a true bill, and returned so by the grand jury, that the said A. B. do appear in court, and prosecute and give evidence upon that indictment, and do not depart the court without leave, then this recognizance to be void, or else to remain in full force. Taken and acknowledged this day of 1817, before S. P.

(This form, with the necessary variations, will do for witnesses to appear and give evidence.)

Notice of putting in Bail, on a Bench Warrant, before a Justice.

The King, on the Prosecution of A. B. against C. D.

Mr. A. B.

Take notice, that on

the- of

1817, at eleven o'clock in the forenoon, I shall put in bail before S. P. Esq. one of His Majesty's justices of the peace in and for the county of at his house situate in

in

the said county, for my appearance at the next general quarter session of the peace to be held at the Sessions House at F

in and for the said county, then and there to answer and plead to the indictment preferred against me, for assaulting you; and the names of my bail are G. H. of &c. [smith], and J. K. of &c. [taylor]. Dated this

day of
Yours,

1817.

C. D.

Notice of putting in Bail before a Judge of the King's Bench,

to wit.

in bail on the

The King against A. B.

next, at

Take notice, that the defendant A. B. will put the day of o'clock in noon of the same day, before the Right Honourable Edward Lord Ellenborough, Chief Justice of His Majesty's Court of King's Bench, (or such other Judge as may be then attending) at his Chambers in Serjeant's Inn, Chancery Lane, London, to appear and plead within the first eight days of the next Term [or as the case may be] to an indictment against him for certain assaults, [or as the fact is] and to try the same at the sittings of nisi prius, to be holden after the same Term in and for the county of And that C. D. of E. F. of - will then and there become bail for him the Dated this

ހ

and

said A. B.

day of

1817.

W. T. Solicitor for the Defendant.

To

the Prosecutor.

BASTARDY.

All children born before matrimony, or so long after the death of the husband as to render it impossible that the child could be begotten by him, are bastards.-Cro. Jac. 451.

By 6 Geo. II. c. 31. any single woman delivered of a child chargeable, or likely to be so, to any parish, and giving information on oath, the father,

on the application of the overseer or other parish officer, or substantial householder, may be apprehended by warrant, under the hand and seal of one justice, and may be committed unless he either give security to indemnify the parish, or enter into recognizance to appear at the next sessions, and abide the order there to be made. But by 49Geo. III. c. 68, s. 2. if one justice shall certify in writing, under his hand, to the general or quarter sessions, that it had been proved before him, on the oath of one credible witness, that such single woman had not then been delivered, or had been delivered within one month only previous to the day on which such general or quarter sessions shall be holden; or if two justices of the peace of such county, &c. shall certify in writing under their hands, to the next; or, where such woman shall not have been delivered, then to the immediately subsequent general or quarter sessions, that an order of filiation had been already made on the person so charged, or that such order was not then requisite, on account of the death of the bastard, or other sufficient reason; in each of these cases it shall be lawful for the justices assembled at the general or quarter sessions to respite such recognizance to the then next general or quarter sessions, without requiring the personal attendance of the reputed father or his sureties; and in either of the last-named cases the justices, &c. shall wholly discharge such recognizance.

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