being bailed by recognizance, himself in sureties in each. The like, on a separate Paper. Whereas A. B. was on the [house of correction] at offence shortly]: and [two] J. S. committed by me to the charged with [&c., naming the I hereby certify, that I consent to the said A. B. being bailed by recognizance, himself_in in each. Dated the day of and [two] sureties 185-. J. S. In other misdemeanors.] Where any person shall be charged before any justice of the peace with any indictable misdemeanor other than those herein-before mentioned, such justice, after taking the examinations in writing as aforesaid, instead of committing him to prison for such offence, shall admit him to bail in manner aforesaid ;-or if he have been committed to prison, and shall apply to any one of the visiting justices of such prison, or to any other justice of the peace for the same county, riding, division, liberty, city, borough, or place, before the first day of the sitting or session at which he is to be tried, or before the day to which such sitting or session may be adjourned, to be admitted to bail, such justice shall accordingly admit him to bail in manner aforesaid. 11 & 12 Vict. c. 42, s. 23. Warrant of deliverance.] In all cases where a justice or justices of the peace shall admit to bail any person who shall then be in any prison charged with the offence for which he shall be so admitted to bail, such justice or justices shall send to or cause to be lodged with the keeper of such prison a warrant of deliverance under his or their hand and seal or hands and seals, requiring the said keeper to discharge the person so admitted to bail, if he be detained for no other offence; and upon such warrant of deliverance being delivered to or lodged with such keeper, he shall forthwith obey the same. 11 § 12 Vict. c. 42, 8. 24. The following is the form of the Warrant of Deliverance on Bail being given for a Prisoner already committed. To the keeper of the [house of correction] at in Whereas A. B., late of -, [labourer,] hath before [us, two] of Her Majesty's justices of the peace in and for the said county, entered into his own recognizance, and found sufficient sureties for his appearance at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace] to be holden in and for the county of to answer our sovereign lady the Queen, for that [&c., as in the commitment], for which he was taken and committed to your said [house of correction]: these are therefore to command you, in Her said Majesty's name, that if the said A. B. do remain in your custody in the said [house of correction] for the said cause, and for no other, you shall forthwith suffer him to go at large. at Given under our hands and seals, this in the year of our Lord aforesaid. SECTION IV. day of in the [county] J. S. [L.S.] J. N. [L.S.] Conviction of Juvenile Offenders for Larceny. In what cases.] Every person who shall be charged with having committed, or having attempted to commit, or with having been an aider, abettor, counsellor, or procurer in the commission of any offence which now is or hereafter shall or may be by law deemed or declared to be simple larceny, or punishable as simple larceny,-and whose age at the period of the commission or attempted commission of such offence shall not, in the opinion of the justices before whom he or she shall be brought or appear, exceed the age of [sixteen years, 13 & 14 Vict. c. 37, 8. 1], shall, upon conviction thereof upon his own confession or upon proof, before any two or more justices of the peace for any county, riding, division, borough, liberty, or place, in petty sessions assembled, at the usual place and in open court, be committed to the common gaol or house of correction within the jurisdiction of such justices, there to be imprisoned, with or without hard labour, for any term not exceeding three calendar months,-or, in the discretion of such justices, shall forfeit and pay such sum not exceeding three pounds, as the said justices shall adjudge, or if a male [not exceeding fourteen years of age, 13 & 14 Vict. c. 37, s. 1], shall be once privately whipped, either instead of or in addition to such imprisonment, or imprisonment and hard labour. 10 & 11 Vict. c. 82, 8. 1. By whom.] Any two or more justices of the peace for any county, riding, division, borough, or place, in petty sessions assembled, and in open court,-or any one magistrate of the police courts of the metropolis,-or any stipendiary magistrate sitting in open court, and having by law the power to do acts usually required to be done by two or more justices of the peace, have hereby authority to hear and determine the case according to the provisions of this act; Id. 8. 2; seemingly, whether the offence be committed within their jurisdiction or not. Summons or warrant.] Where any person, whose age is alleged not to exceed [sixteen] years, shall be charged with any such offence on the oath of a credible witness, before any justice of the peace, such justice may issue his summons or warrant to summon or apprehend him to appear before two justices, &c., at a time and place to be named therein. Id. 8. 4. The summons may readily be framed from the form ante, p. 32; and the warrant from the form, ante, p. 31. Of course this is not necessary, where the party has already been apprehended without warrant, and is in custody; but in that case he must be brought before two or more justices in petty sessions, or before a police or stipendiary magistrate, as above mentioned. Hearing.] Any justice may issue a summons requiring the attendance of any person as a witness upon the hearing, and it may be served either by delivery of a copy to the witness, or by leaving it with some person for him at his usual place of abode; Id. 88. 7, 8; or if he refuse or neglect to attend, the justice may issue his warrant. This summons and warrant may readily be framed from the forms, ante, pp. 40, 41. As soon as the party and witnesses are before the justices, and before the party is asked whether he or she has any cause to show why he or she should not be convicted, one of the justices shall say to him :-" We shall have to hear what you have to say in answer to the charge against you; but if you wish the charge to be tried by a jury, you must object now to our deciding upon it at once," or words to the like effect. 13 & 14 Vict. c. 37, s. 2. If he object, the summary proceeding ceases, and the prosecutor must proceed in the ordinary way, by indictment; but if he say he has no objection, then the justices take his plea, proceed to hear the witnesses, and convict him, or dismiss the charge. The justices may remand the party for further examination ; or they may allow him to go at large, upon his procuring a surety or sureties to be bound by recognizance for his appearance at his further examination. 10 & 11 Vict. c. 82, 8. 5. Conviction and commitment.] The conviction may be drawn in the following form, or in any other form to the same effect; and which conviction shall be good and effectual to all intents and purposes. Id. s. 9. The following is the form given in the schedule to the statute: Conviction. Be it remembered, that on the at day of to wit: in the year of our Lord one thousand eight hundred and in the county of —, [or riding, division, liberty, city, &c., as the case may be], A. O. is convicted before us, J. P. and Q. R., two of Her Majesty's justices of the peace for the said county, [&c.], for that he the said A. O., did [specify the offence, and the time and place when anp where the same was committed, as the case may be, but without setting forth the evidence]; and we the said J. P. and Q. R., adjudge the said A. O. for his said offence to be imprisoned in the [and there kept to hard labour] for the space of [or we adjudge the said A. O., for his said offence, to forfeit and pay [here state the penalty actually imposed], and in default of immediate payment of the said sum, to be imprisoned in the [and there kept to hard labour] for the space of· unless the said sum shall be sooner paid]. Given under our hands and seals, the day and year first above mentioned. The justices may order restitution of the property stolen ; or if the property be not forthcoming, they may order the offender to pay the value of it to the prosecutor, at once or by instalments. 10 & 11 Vict. c. 82, s. 12. Also, the justices are empowered to order that the prosecutor be allowed his expenses. Id. 88. 15, 16, 17. The following forms of warrants of commitment, are not given by the schedule to the act : Warrant of Commitment on a Conviction where the Punishment is by Imprisonment, &c. To the constable of of correction] at and to the keeper of the [house in the said [county] of Whereas A. O. was this day duly convicted before the undersigned, [two] of Her Majesty's justices of the peace in and for the said [county] of for that [stating the offence as in the conviction], and it was thereby adjudged that the said A. O. for his said offence should be imprisoned in the [house of correction] at in the said county [and there kept to hard labour] for the space of : these are therefore to command you, the said constable of to take the said A. O., and him safely convey to the [house of correction] at aforesaid, and there to deliver him to the 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 A. O. into your custody in the said [house of correction], there to imprison him [and keep him to hard labour] for the space of ; and for your so doing this shall be your sufficient warrant. 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 of Commitment upon a Conviction for a Penalty. To the constable of · and to the keeper of the [house of correction] at in the said [county] of Whereas A. O. was on this day duly convicted before the undersigned [two] of Her Majesty's justices of the peace in and for the said [county], for that [stating the offence as in the conviction]; and it was thereby adjudged that the said A. O. for his said offence should forfeit and pay the sum of [&c., as in the conviction], and in default of immediate payment of the said sum, to be imprisoned in the [house of correction] at in the said [county] [and there kept to hard labour] for the space of · unless the said sum should be sooner paid: and whereas the said A. O. hath not paid the said sum or any part thereof, but therein hath made default: these are therefore to command you the said constable of to take the said A. O., and him safely to convey to the [house of correction] at - aforesaid, and there to deliver him to the 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 A. O., into your custody in the said [house of correction], there to imprison him [and keep him to hard labour] for the space of less the said sum shall be sooner paid: and for your so doing this shall be your sufficient warrant. Given under our hands and seals, this day of in the [county] aforeJ. P. [L.S.] Q. R. [L.S.] in the year of our Lord said. at un This fine, if paid, is to be paid to the clerk of the convicting justices, and by him to the county rate, or rate in the nature of a county rate for the county, city, &c. in which the offence was committed. 10 & 11 Vict. c. 82, 8. 6. Dismissal of the charge.] If the justices, upon the hearing of any such case, shall deem the offence not to be proved, or that it is not expedient to inflict any punishment, they shall dismiss the party charged, on finding surety or sureties for his future good behaviour, or without such sureties, and there make out and deliver to the party a certificate of his dismissal; 10 & 11 Vict. c. 82, s. 1; which certificate shall release the party from all further or other proceedings for the same cause. Id.s.3. |