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By 4 Geo. III. c. 10, the Barons of the Exchequer may discharge on affidavit and petition, the recognizances of persons estreated, except for debts due to the crown, other than by the recog-nizance prayed to be discharged; and also except in cases of defrauding the revenue, by contraband trade, or assaulting an excise or custom-house officer in the execution of his duty. No more than £1." 15. to be taken for an order of discharge.
Recognizance with Sureties. - to wit. Be it remembered that on the day of
in the 57th year of the reign of our Sovereign Lord George III. by the grace of God of the United Kingdom of Great-Britain and Ireland King, Defender of the Faith, &c. A. B. of not in the said county of , mason, and C. D. of an in the said county, yeoman, and E. F. of
in the said county, smith, personally came before me Ș. P. Esq. one of the justices of our said Lord the King, assigned to keep the peace in and for the said county, and severally acknowledged themselves to owe to our said Lord the King, that is to say, the said A. B. the sum of £-, and the said C, D. and E. F. each the sum of £. separately, of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of our said Lord the King, his heirs and successors, if the said A. B. shall make default in the condition hereunder written, (of hereon indorsed, as the case is). Acknowledged the day and year above written, before me,
S. P. THE CONDITION of the above (or within] written recognir zance is such, that if the above bound A. B. do and shall then the said recognizance to be void, or otherwise remain in full force.
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Form of a Recognizance without Sureties. to wit. : Be. it remembered that on the
in the 57th year of the reign of our Sovereign Lord George III. by the grace of God of the United Kingdom of Great-Britain and Ireland King, Defender of the Faith, A. B. of - in the said county of labourer, personally came 'before me S. P. Esq. one of the justices of our said Lord the King assigned to keep the peace in and for the said county, and acknowledged, himself to owe to our said Lord the King
of good and lawful money of Great-Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lord the King, his heirs and successors, if he the said A. B. shall make default in the condition hereunder written. (or hereon indorsed.] Acknowledged the day and year in above written, before me," !!
The Coớdition of the 'ahové " (or within] written recognizance is such, that if the above bound 'A. B. do and shallthen the above recognizance to be'void, or otherwise remain in full force.
Recognizance to enter anà 'try Appeal against the Conviction of
a Justice. to wit. Be it remembered &c: [as in the preceding form.)
The Condition of the above obligation is such, that if the above bounden A. B. do and shall at the next general quarter sessions of the peace to be holden in and for the said county, enter and try his appeal (whereof he hath given notice) against a conviction bearing date the day of last, under the hands and seals of J. C. and S. P. Esquires, two of His Majesty's justices of the peace in and for the said county, of him the said A. B. for having (state the offence), and do and shall
abide the order of, and pay such costs as shall be awarded by His Majesty's justices of the peace at such quarter sessions, then this recognizance to be void. Taken &c. before me,
Petition to the Barons of the Exchequer to discharge an
To the Right Hon. Sir Alexander Thompson, Knight, Lord
Chief Baron of His Majesty's Court of Exchequer at Westminster, and the rest of the Barons there.
The humble Petition of A. B. of in the county of
day of last, together with C. D. of &c. became bound in a recognizance to His present Majesty in the sum of £_conditioned for the personal appearance of the said C. D. at the then next general quarter sessions of the peace to be held at --in and for the said county, to answer to a bill of indictment to be then and there preferred against him for an assault on E.F. of &c. That the said C. D. instead of appearing at the said sessions according to the condition of the said recognizance hath absconded and hath not since been heard of.
That default having been made in the performance of the condition of the said recognizance by the non appearance of the said C. D. at the said quarter sessions, the same became forfeited and hath been estreated into this honourable Court.
That your petitioner is poor and indigent, and much reduced in his circumstances since he entered into the said recognizance, and receives parochial relief from —, as appears by the affidavit hereto annexed.
Your petitioner therefore humbly prays your Lordships
will be pleased to order your petitioner's said recognizance to be discharged without a quietus. And your petitioner shall ever pray &c.".
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Afidavit to be annexed. In the Exchequer.
A. B. of - in the county of , and C. D. of — in the county aforesaid, severally make oath and say, and first, this deponent A. B. for himself saith, that he is poor and indigent and much reduced in his circumstances, and that he receives relief as a pauper from the parish of —, and that the petition hereto annexed is true in substance and in fact. And the said C. D. for himself saith, that he is one of the overseers of the poor of the said parish of 5, and that the said A. B. is very poor and indigent, and subsists, as this deponent verily believes, on the relief afforded him as a pauper by the said parish of
Is defined by Blackstone, 4 Com. c. 10, to be the forcibly and knowingly freeing another from arrest and imprisonment; and it is generally the same offence in a stranger so rescuing, as it would have been in a gaoler voluntarily suffering an escape; but here, as upon voluntary escapes, the principal must be first attainted or receive judgment, before the rescuer can be punished; for by possibility there may have been no offence committed. i Hales, P. C. 607. nevertheless, as the rescue is in contempt of some legal process the offender may be committed and punished according to the nature and degree of his offence.
Tohinder a person who has committed felony from being arrested is a misdemeanor only; but if rescued after arrest, and the arrest was for felony, the
rescuer is a felon; if for treason, a traitor; and if for a trespass, fineable. Hales, pl. 116. 2 Haw. c. 21. but though the felony be not within clergy, yet the rescuing the offender is within clergy. 1 H. H. 599, 607.
Commitment for a Rescue.
To the Constable of in the county of me, and to the Keeper of the Common Gaol at
in the county of to wit. Whereas A. B. of - in the county of mi, yeoman, and C. D. of — in the county aforesaid, labourer, are this day brought before me S. P. Esq. one of His Majesty's justices of the peace in and for the said county, and charged on the oaths of E.F. and G.H.constables of, with having this day, at — in the county aforesaid, unlawfully, riotously and against the king's peace rescued and set at large one J. K. committed to the custody of them the said constables to be conveyed to the common gaol of
- in the coupty of for a felony, by virtue of a warrant under the hand and seal of me the said justice, bearing date the
instant. These are therefore to command you the said constables forthwith to convey and deliver into the custody of the keeper of the said gaol, the bodies of them the said A. B. and C. D. together with this my warrant. And also to command you the said keeper to receive the said A. B. and C. D. into your custody in the said gaol, and them there safely to keep until they shall be discharged therefrom by due course of law. Given under my hand and seal, at
in the said county, the
RIOT, ROUT, &c. A riot is the forcibly doing an unlawful thing by three or more persons assembled together for that purpose. By the common law peace officers may
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