« 이전계속 »
recognizance shall particularly specify the profession, art, mystery, or trade of every such person entering into or acknowledging the same, together with his Christian and surname, and the parish in which he resides; and the said recognizance, being duly acknowledged by the person so entering into the same, shall be subscribed by the justice or justices before whom the same shall be acknowledged, and a notice (O. 2) thereof, signed by the said justice or justices, shall at the same time be given to the person bound thereby; and the several recognizances so taken, together with the written information (if any), the depositions, the statement of the accused, and the recognizance of bail (if any), in every such case shall be delivered by the said justice or justices, or he or they shall cause the same to be delivered to the proper officer of the court in which the trial is to be had, before or at the opening of the said court, on the first day of the sitting thereof, or at such other time as the judge or justice who is to preside in such court in the said trial shall order and appoint: Provided always, That if any such witness shall refuse to enter into or acknowledge such recognizance as aforesaid, it shall be lawful for such justice or justices of the peace, by his or their warrant (P. 1) to commit him to the common gaol or other prison for the parish or county in which the accused party is to be tried, there to be imprisoned and safely kept until after the trial of such accused party, unless in the meantime such witness shall duly enter into such recognizance as aforesaid, before some one justice of the peace for the parish in which such gaol or other prison shall be situate: Provided nevertheless, That if afterwards, from want of sufficient evidence in that behalf or other cause, the justice or justices before whom such accused party shall have been brought, shall not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for such justice or justices, or any other justice or justices of the same parish, by bis or their order (P. 2) in that behalf, to order and direct the keeper of such common gaol or other prison where such witness shall be so in custody, to discharge him from the same, and such keeper shall thereupon forthwith discharge him accordingly.
Power to Justices to admit to
16. Where any person shall appear or be brought before a justice of the peace charged with any felony, or with any assault chargedTM0TM w!tn intent to commit any felony, or with any attempt to comwith felony mit any felony, or with obtaining, or attempting to obtain
and certain . i_ n f • 1 • T * W . .
misdemean- property by false pretences, or with a misdemeanor in receivirg ore- property stolen or obtained by false pretences, or with perjury,
or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot or with assault in pursuance of a conspiracy to raise wages, or assault upon a peace officer in the execution of his duty, or upon any person acting in his aid, or with neglect or breach of duty as a peace officer, or with any i3Vic.o.«. misdemeanor for the prosecution of which the costs may be ^l^^J, allowed out of the public funds of this island, such justice of iwo. the peace may, in his discretion, admit such person to bail upon his procuring and producing such surety or sureties as in the opinion of such justice will be sufficient to ensure the appearance of such accused person at the time and place when and where he is to be tried for such offence; and thereupon such justice shall take the recognizance (S. 1, 2) of the said accused person and his surety or sureties conditioned for the appearance of such accused person at the time and place of trial, and that he will then surrender and take his trial, and not depart the court without leave; and in all cases where a person charged with Jusiicea any indicated offence shall be committed to prison to take his JoYauin trial for the same, it shall be lawful at any time afterwards and ^'.J^, before the first day of the sitting of the court at which he is to J^TM"1}'; be tried, or before the day to which such court may be adjourned trial. for the justice or justices who shall have signed the warrant for his commitment, in his or their discretion, to admit such accused person to bail in manner aforesaid; or if such committing justice or justices shall be of opinion that, for any of the offences hereinbefore mentioned, the said accused person ought to be admitted to bail, he or they shall, in such cases and in all other cases of misdemeanors, certify (S. 3) on the back of the warrant of commitment his or their consent to such accused party being bailed, stating also the amount of bail which ought to be required, it shall be lawful for any justice of the peace attending or being at the gaol or prison where such accused party shall be in custody, on production of such certificate, to admit such accused person to bail in manner aforesaid; or if it shall be inconvenient for the surety or sureties in such a case to attend at such gaol or prison to join with such accused person in the recognizance of bail, then such committing justice or justices may make a duplicate of such certificate (S. 4) as aforesaid, and upon the same being produced to any justice of the peace for the same parish, it shall be lawful for such last-mentioned justice to take the recognizance of the surety or sureties in conformity with such certificate, and upon such recognizance being transmitted to the keeper of such gaol or prison, and produced, together with the certificate on the warrant of commitment as aforesaid to any justice of the peace attending or being at such gaol or prison, it shall be lawful for such last-mentioned justice thereupon to take the recognizance of such accused party, and to order him to be discharged out of custody as to that commitment, as hereinafter mentioned; and where any justice may person shall be charged before any justice of the peace with any ban penor,. indictable misdemeanour other than those hereinbefore men- ^f^,,. tioned, such justice, after taking the examinations in writing as miederoeannforesaid, instead of committing him to prison for such offence, shall admit him to bail in manner aforesaid; or if he have been
Certain reoognizance to be transmitted to committing Justices.
No ball in cases of treason but by order of the supreme court, or by a judge thereof In vacation.
When defendant is entitled to traverse.
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 parish, before the first day of the sitting of the court at which he is to be tried, or before the day to which such court may be adjourned to be admitted to bail, such justice shall accordingly admit him to bail in manner aforesaid; and in all cases where such accused person in custody shall be admitted to bail by a justice of the peace other than the committing justice or justices as aforesaid, such justice of the peace so admitting him to bail shall forthwith transmit the recognizance or recognizances of bail to the committing justice or justices, or one of them, or be by him or them transmitted with the examinations to the proper officer: Provided nevertheless, That no justice or justices of the peace shall admit any person to bail for treason, nor shall such person be admitted to bail except by order of her majesty's supreme court of judicature of this island, or a judge of the said court in vacation: Provided also, That when, in cases of misdemeanour, the defendant shall be entitled to a traverse at the next assizes or court of quarter-sessions, and shall not be bound to take his trial until the second assizes or court of quarter-sessions, in every such case the recognizance (S. 1) of bail shall be conditioned that he shall appear and plead at the next assizes, or court of quarter-sessions, and then traverse the indictment, and that he shall surrender and take his trial at such second assizes, or quarter-sessions, unless such accused party shall, before he enter into such recognizance, choose and consent to take his trial at such first assizes, or quarter-sessions, in which case the recognizance may be in the ordinary form hereinbefore mentioned.
17. That 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 bnil, such justice or justices shall send to, or cause to be lodged with, the keeper of such prison, a warrant of deliverance (S. 5^ under his or their hand or hands, 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.
After exam' i nations completed, defendant entitled to copies of depositions.
20. At any time after all the examinations aforesaid shall have been completed, and before the first day of the assizes or sessions, or other first sitting of the court at which any person so committed to priion, or admitted to bail as aforesaid, is to be tried, such person may require and shall be entitled to have of and from the officer or person having the custody of the same copies of the depositions on which he shall have been committed or bailed, on payment of a reasonable sum for the same, not exceeding at the rate of Is. 6d. for each folio of 160 words.
O. 1 13 Vice.24.
RECOGNIZANCE TO PROSECUTE OR GIVE EVIDENCE. 185°
Be it remembered, that on the day of sched. o. i.
in the year of our Lord C. D. of
in the parish of personally came before me,
one of her majesty's justices of the peace for the said parish, and acknowledged himself to owe to our sovereign lady the queen the sutn of of good and lawful
money of this island, to be made and levied of his goods and chattels, lands and tenements, to the use of our said lady the queen, her heirs and successors, if he the said C. D. shall fail in the condition endorsed.
Taken and acknowledged the day and the year first above mentioned at before me.
CONDITION TO PROSECUTE.
The condition of the within written recognizance is such: That whereas one A. B. was this day charged before me, J. S. justice of the peace within mentioned, for that (Sfc. as in the caption of the depositions) : If therefore he the said C. D. .shall appear at the next court of oyer and terminer, or general gaol delivery for the county of (or at the
next court of general quarter sessions of the peace), to be holden in and for the (parish) of* and there
prefer, or cause to be preferred, a bill of indictment for the offence aforesaid against the said A. B., and there also duly prosecute such indictment, then the said recognizance to be void, or else to stand in full force and virtue.
CONDITION TO PROSECUTE AND GIVE EVIDENCE.
Same as the last form to the asterisk,* and then thus: "And there prefer or cause to be preferred, a bill of indictment against the said A. B. for the offence aforesaid, and duly prosecute such indictment, and give evidence thereon, as well to the jurors, who shall then inquire of the said offence as also to them who shall pass upon the trial of the said A. B. then the said recognizance to be void, or else to stand in full force and virtue."
CONDITION TO GIVE EVIDENCE.
Sched. O. 2.
Same as the last form but one to the asterisk,* and then thus: "And there give such evidence as he knctcetk, upon a bill of indictment to be then and there preferred against the said A. B. for the offence aforesaid as well to the jurors, who sliall there inquire of the said offence, as also to the jurors who shall pass upon the trial of the said A. B. if the said bill shall be found a true bill, tlien the said recognizance to be void, or else to stand in full force a7id virtue."
NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE
To wit: f
Take notice that you, C. D. of are
bound in the sum of to appear at the
next court of oyer and terminer, or general gaol delivery for the county of (or at the next court of
general quarter sessions of the peace, to be holden at
and then and there (prosecute and) give evidence against A. B.; and unless you then appear there, and (prosecute and) give evidence accordingly, the recognizance entered into by you will be forthwith levied on you.
Dated this day of 184
COMMITMENT OF WITNESSES FOR REFUSING TO ENTER
Mied. p. i. To the constable of and to the keeper of the
(common gaol or other prison) at in the
said parish of
Whereas A. B. was lately charged before tfie undersigned, (one) of her majesty's justices of' the peace in and for the said parish of for that (frc. as in the sum
mons to the witness), and it having been made to appear to (me), upon oath that E. F. of was
likely to give material evidence for the prosecution (T) duly issued (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