evidence of such non-appearance of the said accused party. 11 & 12 Vict. c. 42, s. 21. The following may be the form of the Recognizance. day of A. B. of Be it remembered, that on the in the [labourer], L. M., [butcher], personally year of our Lord of- [grocer], and N. O., of came before me, [one] of Her Majesty's justices of the peace for the said [county], and severally acknowledged themselves to owe to our lady the Queen the several sums following: that is to say, the said A. B., the sum of - and the said L. M., and N. O., the sum of· each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said lady the Queen, her heirs and successors, if he the said A. B. fail in the condition indorsed. Taken and acknowledged, the day and year first above mentioned, at before me, J. S. ∙on Condition. The condition of the within-written recognizance is such, That whereas the within-bounden A. B., was this day [or last past] charged before me, for that [&c., as in the warrant]: And whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the day of instant; if therefore the said A. B. shall appear before me on the said day of instant, at o'clock in the forenoon, or before such other justice or justices of the peace for the said [county] as may then be there, to answer [further] to the said charge, and to be further dealt with according to law, then the said recognizance to be void, or else to stand in full force and virtue. Notice of such Recognizance to be given to the Accused and his Sureties. Take notice, that you, A. B., of sum of sum of are bound in the and your sureties L. M. and N. O., in the each, that you, A. B., appear before me J. S., one of Her Majesty's justices of the peace for the [county] on the of day of instant, at or justices of the peace for the same [county] as may then be there, to answer further to the charge made against you by C. D., and to be further dealt with according to law; and unless you A. B., personally appear accordingly, the recognizances entered into by yourself and sureties will be forthwith levied on you and them. Dated this day of 185--. J. S. Certificate of Non-appearance to be endorsed on the Recognizance. I hereby certify, that the said A. B. hath not appeared at the time and place in the above condition mentioned, but therein hath made default; by reason whereof the withinwritten recognizance is forfeited. J. S. Summons of Witness. By stat. 11 & 12 Vict. c. 42, s. 16, if it shall be made to appear to any justice of the peace, by the oath or affirmation of any credible person, that any person within the jurisdiction of such justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a 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 to such person, under his hand and seal, 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 county, &c., 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 shall neglect or refuse to appear at the time and place appointed by the said summons, and no just excuse shall be offered for such 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 under his or their hands and seals 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 county, &c., as shall then be there, to testify as aforesaid, and which said warrant may, if necessary, be backed as herein-before 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 evidence upon oath or affirmation, that it is probable that such person will not attend to give evidence without being compelled so to do, then, instead of issuing such summons, it shall be lawful for him to issue his warrant in the first instance, and which, if necessary, may be backed as aforesaid. The following is the form of the Whereas information hath been laid before the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county] of, that A. B. [&c., 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 next, at o'clock in the forenoon, at or before such other justice or justices of the peace for the same county as may then be there, to testify what you shall know concerning the said charge so made against the said A. B. as aforesaid. Herein fail not. Given under my hand and seal, this the year of our Lord at. day of, in in the [county] aforesaid. J. S. [L.S.] Warrant where a Witness has not obeyed a Summons. To the constable of in the said [county] of and to all other peace officers Whereas information having been laid before the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county] of that A. B. [&c., 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 ——, or before such other justice or justices of the peace for the same county as might then be there, to testify what he should know respecting the said charge so made against the said A. B. as aforesaid: and whereas proof hath this day been made before me upon oath of such summons having been duly served upon the said E. F.: and whereas the said E. F. hath neglected to appear at the at at 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 have the said E. F., before me on o'clock in the forenoon, at or before such other justice or justices of the peace for the same [county] 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 and seal, this the year of our Lord said. at in day of in the [county] aforeJ. S. [L.S.] Warrant for a Witness in the first instance. To the constable of · in the said [county] of and to all other peace officers Whereas information hath been laid before the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county] of · that [&c., 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 [county] 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 and seal, this day of in the year of our Lord --, in the [county] aforeJ. S. [L. S.] said. -,at If on the appearance of such person so summoned before the said last-mentioned justice or justices, either in obedience to the said summons, or upon being brought before him or them by virtue of the said warrant, such person shall refuse to be examined upon oath or 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 such refusal, any justice of the peace then present, and having there jurisdiction, may by warrant under his hand and seal commit the person so refusing to the common gaol or house of correction for the county, riding, division, liberty, city, borough, or place where sach 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. 11 & 12 Vict. c. 42, s. 16. The following may be the form of the Warrant of Commitment of a Witness for refusing to be sworn or to give Evidence. To the constable of and to the keeper of the [house of correction] at in the said [county] of Whereas A. B. was lately charged before the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county] of · -, for that [&c., as in the 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 summons to the said E. F., requiring him to be and appear before me, on, at before such other justice or justices of the peace as should then be there, to testify what he should know concerning the said charge so made against the said A. B., as aforesaid; 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 sworn 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 constable to take the said E. F., and him safely convey to the [house of correction] at in the county aforesaid, and there deliver him to the said keeper thereof, together with this precept; and I do hereby command you the said keeper of the said [house of correction] to receive the said E. F. into your custody in the said [house of correction], 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 answer concerning the premises; and for your so doing this shall be your sufficient warrant. day of, in Given under my hand and seal, this the year of our Lord at in the [county] aforesaid. J. S. [L.S.] Defence.] After the examinations of the witnesses on the part of the prosecution have been completed, the justice of the peace, or one of the justices, by or before whom such examination shall have been so completed, shall read or cause to be read to the accused the depositions taken against him, and shall say to him these words, or words to the like effect: "Having heard the evidence, do you wish to say anything in answer to the charge? you are not obliged to say anything |