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V. SlJBPtENAS AND WITNESSES.

13 Vic. C. 24.1 As to persons charged with indictable offences, nvw.c.u.

irii-CL loert T Island Act.

Isld. [1st February, 1850.] ^^^,

1850.

13 Vic. c. 24, sec. 9.(a)~] If it shall be made to appear to any p0werto justices of the peace, by the oath or affirmation of any credible j,"1^1" person, that any person within the jurisdiction of such justice witneMwto is likely to give material evidence for the prosecution, and will give not voluntarily appear for the purpose of being examined as a <md<"loe witness at the time and place appointed for the examination of the witnesses against the accused, such justice may and is hereby required to issue his summons (K) to such person under his hand requiring him to be and appear at a time and place mentioned in such summons, before the said justice or before such other justice or justices of the peace, for the same parish as shall then be there, to testify what he shall know concerning the charge made against such accused party; and if any person so summoned if mmmon. shall neglect or refuse to appear at the time and place appointed by Warrant the said summons and no just excuse shall be offered for such jJJJj? neglect or refusal, then (after proof upon oath or affirmation of such summons having been served upon such person either personally or by leaving the same for him with some person at his last or most usual place of abode) it shall be lawful for the justice or justices before whom such person should have appeared, to issue a warrant (L. 1.) under his or their hands to bring and have such person, at a time and place to be therein mentioned, before the justice who issued the said summons, or before such other justice or justices of the peace for the same parish as shall then be there to testify as aforesaid; and which said warrant may if necessary be backed as hereinbefore is mentioned in order to its being executed out of the jurisdiction of the justice who shall have issued the same; or if such justice shall be satisfied by in certain evidence upon oath or affirmation that it is probable that such rant"ma" t» person will not attend to give evidence without being compelled jJJ5^!n so to do, then instead of issuing such summons it shall be lawful «tance. for him to issue his warrant (L. 2.) in the first instance, and which if necessary may be backed as aforesaid; and if on the Person. appearance of such person so summoned before the last mentioned Souring justice or justices, either in obedience to the said summons, orJjJ*Jj«upon being brought before him or them by virtue of the said may be' warrant, such person shall refuse to be examined upon oath orcomm affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation shall refuse to answer such questions concerning the premises as shall then be put to him, without offering any just excuse for

(a) See Trials And Evidence. (Post.)

VunS A*4" n'8 re^u8aany justice of the peace then present and having there v^^-^-^J, jurisdiction may by warrant (L. 3.) under his hand commit the I8sfl person so refusing to the common gaol or other prison for the parish or county where such person so refusing shall then be, there to remain and be imprisoned for any time not exceeding seven days, unless he shall in the mean time consent to be examined, and to answer concerning the premises.

SUMMONS OF A WITNESS.

sch«dui« K. To E. F. of labourer

Whereas information hath been laid before the undersigned (one) of her majesty's justices of the peace in and for the said (parish) of that A. B. (frc. as in the summons or

warrant against the accused), and it hath been made to appear to me upon (oath) that you are likely to give material evidence for the (prosecution.) These are therefore to require you to be, and to appear before me on the day

of next at o'clock in the forenoon at

or before such other justice or justices of the peace for the same parish as may then be there to testify what you shall know concerning the said charge so made against the said A. B. as a aforesaid. Herein fail not. Given under my hand this day of

in the year of our Lord at

in the parish aforesaid

L. 1.

WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS.

schi-d L i. To the constable of and to all other peace officers in

the said (parish) of

Whereas information having been laid before the undersigned, (one) of her majesty's justices of the peace in and for the'said (parish) of that A. B. (frc. as in

the summons), and it having been made to appear to (me) upon oath that E. F. of (labourer) was

likely to give material evidence for the prosecution, I did duly issue my summons to the said E. F. requiring him to be and appear before me on at

or before such other justice or justices of the peace for the same parish as might then be there, to testify what he should knoto respecting the said charge, so made against the said A.B. "j^'£ Jjf* as aforesaid: A nd whereas proof hath this day been made ^^~^^^ before me, upon oath, of such summons having been duly 18*>served upon the said E. F.: And whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered for such neglect. These are therefore to command you to bring and Itave the said E. F. before me, on at

o'clock in the forenoon, at or before

such other justice or justices of the peace for the same (parish) as may then be there, to testify what he shall know concerning the said charge so made against the said A. B. as aforesaid.

Given under my hand, this day of

in the year of our Lord at

in the parish aforesaid.

L. 2.

WARRANT FOR A WITNESS IN THE FIRST INSTANCE.

To the constable of and to all other peace-officers in Sched L E

the said (parish) of

Whereas information fiath been laid before the undersigned, (one) of her majesty's justices of the peace in and for the said (parish) of , that (8fc. as in summons), and it

having been made to appear to (me), upon oath, that E. F. of
(labourer) is likely to give material evidence for
the prosecution, and that it is probable that the said E. F.
will not attend to give evidence without being compelled so to
do: These are therefore to command you to bring and have
the said E. F. before me, on at o'clock in

the forenoon, at or before such other justice or

justices of the peace for the same (parish), as may then be there, to testify what he shall know concerning the said charge, so made against the said A. B. as aforesaid.

Given under my hand, this day of in

the year of our Lord at in the

parish aforesaid.

Mud Act. **' u'

1M0. WARRANT OP COMMITMENT OP A WITNESS FOR REFUSING TO BE SWUKN, OR TO GIVE EVIDENCE.

scbed. L. 3. To the constable of , and to the keeper of the com

mon gaol or other prison at in the said parish

of

Whereas A. B. was lately charged before the undersigned, {one) of her majesty's justices of the peace in and for the said parish of for that (Sfc as in summons), and

it having been made to appear to (me) upon oath, that E. F.
of was likely to give material evidence for

the prosecution, I duly issued my sunmons to the said E. F.
requiring him to be and appear before me, on
at or before such other justice or justices of the peace

as should then be there, to testify what he should know concern-
ing tlie said charge, so made against the said A. B. as afore-
said, and the said E. F. now appearing before me {or being
brought before me by virtue of a warrant in that behalf, to
testify as aforesaid), and being required to make oath or
affirmation as a witness in that behalf, hath now refused so to
do (or being duly stoorn as a witness, doth now refuse to
answer certain questions concerning the premises, which are
here put to him), without offering any just excuse for such his
refusal: These are therefore to command you, the said con-
stable, to take the said E. F. and him safely to convey to the
{common gaol, or other prison) at in the parish

aforesaid, and there deliver him to the said keeper thereof, together with this precept; and I do hereby command you, the the said keeper of the said {common gaol or other prison), to receive the said E. F. into your custody in the said (common gaol, or otlier prison), and him there safely keep for the space of days for his said contempt, unless he shall,

in the meantime, consent to be examined, and to ansicer concerning the premises, and for your so doing this shall be your sufficient warrant.

Given under my hand, this day of in

the year of our Lord at in the

parish aforesaid.

J. S.

16 and 17 Vic. c. 107.] The customs' consolidation act.

Brit. [1853.]

16 and 17 Vie. c. 107, sec. 294.] In any case where commas0.' missioners shall waive the right of issuing writ of capias, and elect to proceed by subpoena, service of a copy of such svbpana, i« & 17 vie either on the defendant personally or by leaving the same at his Bmii°i«t. last-known place of abode, or on board any ship or vessel to —*~*~^» which such defendant may belong or have lately belonged, shall 1853' be deemed to be sufficiently served.

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