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Justices of the Peace, doc.

next Assizes, Court of Oyer and Terminer, or Quarter Sessions, and shall not be bound to take his trial until the second Assizes, or Court of Oyer and Terminer, or Sessions, in every such case the recognizance (Q1) of bail shall be conditioned that he shall appear and plead at the next Assizes, Court of Oyer and Terminer, or Sessions, and then traverse the indictment, and that he shall surrender and take his trial at such second Assizes, Court of Oyer and Terminer, or Sessions, and unless such accused party shall, before he enter into such recognizance, choose and consent to take his trial at such first Assizes, Court of Oyer and Terminer, or Sessions, in which case the recognizance may be in the ordinary form hereinbefore mentioned.

15. And be it enacted 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 bail, such Justice or Justices shall send to or caused to be lodged with the Keeper of such prison a warrant of deliverance (Q 5) 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 or under no civil process, and upon such warrant of deliverance being delivered to or lodged with such Keeper he shall forthwith obey the same.

16. And be it enacted that when all the evidence offered upon the part of the prosecution against the accused party shall have been heard, if the Justice or Justices of the Peace then present shall be of opinion that it is not sufficient to put such accused party upon his trial for any indictable offence, such Justice or Justices shall forthwith order such accused party, if in custody, to be discharged as to the information then under inquiry; but if in the opinion of such Justice or Justices such evidence is sufficient to put the accused party upon his trial for an indictable offence, or if the evidence given raise a strong or probable presumption of the guilt of such accused party, then such Justice or Justices shall by his or their warrant (R1) commit him to the common gaol or house of correction, to which by law he may now be committed, Or in the case of an indictable offence committed on the high seas or On land beyond the sea, to any common gaol of the Said Colony, to be there safely kept until he shall be thence delivered by due course of law Or admit him to bail as hereinbefore mentioned.

17. And be it enacted that the Constable or any of the Constables or other persons to whom the said warrant of commitment shall be directed shall convey such accused person therein named or described to the gaol or other prison mentioned in such warrant, and there deliver him, together with such warrant, to the gaoler, keeper, or governor of Such gaol or prison, who shall thereupon give such Constable, or other person so delivering such prisoner into his custody, a receipt (R. 2) for such prisoner, setting forth the state and condition in which such prisoner was when he was delivered into the custody of such gaoler, keeper, or governor; and in all cases where such Constable or other person shall be entitled to his costs or expenses for conveying such person to such prison as aforesaid, it shall be lawful for the Justice or Justices who shall have committed the accused party, or for any Justice of the Peace in and for the said Colony, to give such Constable or other person conveying such prisoner to such gaol or prison a written certifi

When Justice
admits a person
to bail after
commitment, a
Writ of deliver-
ance shall be
sent to him, if
not detained for
any other offence

If, after hearing evidence against the accused, it is not thought sufficient to warrant commitment, he shall be discharged ; but if evidence colnsidered sufficient, Justice shall, by warrant, commit the accused for trial

Regulations for conveying prisoners to gaol

As to payment of costs conveying prisoners to prison

After examinations are completed, defendant entitled to copies of the depositions

Forms in Schodule deemed valid

Justices of the Peace, doc.

cate that he is entitled to his costs and expenses for the same, and also for his expenses in returning, and such costs and expenses shall be defrayed and provided and accounted for in the usual manner: Provided nevertheless that if it shall appear to the Justice or Justices by whom any such warrant of commitment against such prisoner shall be granted as aforesaid, that such prisoner hath money sufficient to pay the expenses, or some part thereof, of conveying him to such gaol or prison, it shall be lawful for such Justice or Justices, in his or their discretion, to order such money, or a sufficient part thereof, to be applied to such purpose.

18. And be it enacted that 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 prison 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 or copies of depositions taken at an inquest in cases of murder and manslaughter, on payment of a reasonable sum for the same, not exceeding at the rate of three halfpence for each folio of ninety words.

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Justices of the Peace, &c.

command you, in Her Majesty's name forthwith to apprehend the said A.B., and to bring him before (me) or some other of Her Majesty's Justices of the Peace in and for the said Colony, to answer unto the said charge and to be further dealt with according to law. Given under my hand and seal this day of in the year of our Lord at in the Colony aforesaid. - J.S.

(C) SUMMONs To A PERSON CHARGED WITH AN INDICTABLE OFFENCE

To A.B., of (Labourer).

Whereas you have this day been charged before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that you on at (déc., stating shortly the offence): These are therefore to command you, in Her Majesty's name, to be and appear before me on at o'clock in the forenoon, at or before such other Justice or Justices of the Peace for the same Colony as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not.

Given under my hand and seal this day of in the year of our Lord at in the Colony aforesaid.

J.S. (L.S.)

(D)
WARRANT WHERE THE SUMMON's Is DISOBEYED

To the Constable of and to all other Peace Officers in the said Colony of Western Australia. Whereas on the last past, A.B., of (labourer), was charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that (&c., as in the summons); and whereas (I) then issued (my) summons to the said A.B., commanding him, in Her Majesty's name, to be and appear before (me) on at o'clock in the forenoon, at or before such other Justice or Justices of the Peace for the same Colony as might then be there, to answer to the said charge, and to be further dealt with according to law; and whereas the said A.B. hath neglected to be and appear at the time and place appointed in and by the said Summons, although it hath now been proved to me upon oath that the said Summons was duly served upon the said A.B.: These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A.B., and to bring him before me or some other of Her Majesty's Justices of the Peace in and for the said Colony, to answer to the charge, and to be further dealt with according to law. Given under my hand and seal this day of in the year of our Lord at in the Colony aforesaid. J.S. (L.S.)

(E) WARRANT TO APPREHEND A PERSON CHARGED WITH AN INDICTABLE OFFENCE COMMITTED on THE HIGH SEAs of ABROAD

For offences committed on the High Seas the warrant may be the same as in ordinary cases, but describing the offence to have been committed ‘on the High Seas, out of the body of this Colony, and within the jurisdiction of the Admiralty of England.”

For offences committed abroad for which the parties may be indicted in this Colony the warrant also may be the same as in ordinary cases, but describing

WOL. I. I

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Justices of the Peace, &c.

the offence to have been committed ‘on land out of this Colony, to wit, at

in the kingdom of ' (or) “at in the East Indies,’ (or) “at in the island of in the West Indies,’ (or as the case may be).

(F)
CERTIFICATE of INDICTMENT BEING FOUND

I hereby certify that at [a Court of Oyer and Terminer and General Gaol Delivery or at a Court of General Quarter Sessions of the Peace] holden in and for

the Colony of Western Australia at in the said Colony on 8 n information in the name of was filed with against A.B. therein described as A.B., late (labourer), for that he (doc.,

stating shortly the offence) and that the said A.B. hath not appeared or pleaded to
the said information.
Dated this day of 18
J.D.,
Clerk of the Indictments

Or
Clerk of the Peace of and for the said Colony.

(G)
WARRANT TO APPREHEND A PERSON INDICTED

To the Constable of and to all other Peace Officers in the said
Colony of Western Australia.

Whereas it hath been duly certified by J.D., Registrar, Master and Keeper of Records, Clerk of the Indictments (or Clerk of the Peace of and for the Colony of Western Australia) that (&c., stating the certificate): These are therefore to command you in Her Majesty's name forthwith to apprehend the said A.B. and to bring him before (me) or some other Justice or Justices of the Peace in and for the said Colony to be dealt with according to law.

Given under my hand and seal this day of in the year of our Lord at in the Colony aforesaid.

J.S. (L.S.)

(H)
WARRANT OF COMMITMENT OF A PERSON INDICTED

To the Constable of and to the Keeper of the (Common Gaol or
House of Correction) at in the said Colony of Western Australia.
Whereas by (my) warrant under my hand and seal dated the day
of after reciting that it had been certified by J.D. (doc., as in the
certificate) (I) commanded the Constable of and all other Peace Officers
of the said Colony in Her Majesty's name forthwith to apprehend the said A.B. and
to bring him before (me) the undersigned (one) of Her Majesty's Justices of the
Peace in and for the said Colony or before some other Justice or Justices of the Peace
in and for the said Colony, to be dealt with according to law: And whereas the said
A.B. hath been apprehended under and by virtue of the said warrant and being now
brought before (one), it is hereupon duly proved to (me) upon oath that the said
A.B. is the same person who is named and charged in and by the said indictment:
These are therefore to command you the said Constable in Her Majesty's name
forthwith to take and safely convey the said A.B. to the said (House of Correction)
at in the said Colony, and there to deliver him to the Keeper
thereof together with this precept, and I hereby command you the said Keeper to
receive the said A.B. into your custody in the said House of Correction and him
there safely to keep until he shall be thence delivered by due course of law.
Given under my hand and seal this day of in the
year of our Lord at in the Colony aforesaid.
J.S. (L.S.)

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Justices of the Peace, doc.

(I) WARRANT TO DETAIN A PERSON INDICTED WHO Is ALREADY IN CUSTODY FOR ANOTHER OFFENCE

To the Keeper of the (Common Gaol or House of Correction) at in the said Colony of Western Australia. Whereas it hath been duly certified by J.D., Clerk of the Indictments (or Clerk of the Peace of and for the Colony of Western Australia), that (&c., stating the certificate); and whereas (I am) informed that the said A.B. is in your custody in the said (common gaol) at aforesaid, charged with some offence or other matter; and it being now duly proved upon oath before (me) that the said A.B., so indicted as aforesaid, and the said A.B. in your custody as aforesaid are one and the same person: These are therefore to command you, in Her Majesty’s name to detain the said A.B. in your custody in the (common gaol) aforesaid until by Her Majesty's writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the said indictment or until he shall otherwise be removed or discharged out of your custody by due course of law.

Given under my hand and seal this day of in the year of our Lord at in the Colony aforesaid. J.S. (L.S.) (K1) SUMMONS OF A WITNESS 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 Colony of Western Australia 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 appear before me On next, at o'clock in the forenoon, at or before such other Justice or Justices of the Peace of the same Colony 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 day of in the year of our Lord at in the Colony aforesaid.

J.S. (L.S.)

(K2)
WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONs

To the Constable of and to all other Peace Officers in the said Colony of Western Australia. Whereas information having been laid before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, 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 at or before such other

Justice or Justices of the Peace for the same Colony 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 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 at

o'clock in the forenoom, at or before such other Justice

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