Justices of the Peace, &c. (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 the said Colony of Western Australia. in 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 year of our Lord at in the day of J.S. (L.S.) 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. (dc., 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 o'clock in the forenoon, at me on next, 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 year of our Lord at day of in the J.S. (L.S.) (K 2) 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. (dc., 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 forenoon, at or before such other Justice Justices of the Peace, &c. or Justices of the Peace for the same Colony 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 in the year of our Lord at day of J.S. (L.S.) (K 3) WARRANT FOR A WITNESS IN THE FIRST INSTANCE To the Constable of and to all other Peace Officers in the said Colony of Western Australia. 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 (dc., as in the 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 Colony 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 year of our Lord at day of in the J.S. (L.S.) (K 4) WARRANT OF COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN OR TO GIVE EVIDENCE To the Constable of tion) at at and to the Keeper of the (House of Correcin the said Colony of Western Australia. Whereas A.B. was lately charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that (dc., 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 or 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 to convey to the (House of Correction) at in the Colony aforesaid, and there 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 E.F. into your custody in the said (House of Correction), and him there safely to 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. Given under my hand and seal this year of our Lord at in the Colony aforesaid. J.S. (L.S.) in the Colony aforesaid, before the undersigned, (one) of Her at offence as in a warrant of commitment). This deponent C.D. on his (oath) saith as follows (dc., the witness as nearly as possible in the words he uses. complete, let him sign it). at stating the deposition of When his deposition is And this deponent E.F. on his (oath) saith as follows (dc.). The above depositions of C.D. and E.F. were taken and sworn before me, on the day and year first above mentioned. J.S. on (M) STATEMENT OF THE ACCUSED in the year of our Lord at : A.B. stand charged before the undersigned (one) of Her Majesty's Justices of the Peace in and for the Colony aforesaid, this day of for that he the said A.B., (dc., as in the caption to the depositions); and the said charge being read to the said A.B., and the witnesses for the prosecution, C.D. and E.F., being severally examined in his presence, the said A.B. is now addressed by me as follows:- Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you on your trial. Do you desire to call any witness? If you do, it must be done after you have made your own statement.' Whereupon the said A.B. saith as follows: (Here state whatever the prisoner may say, and in his very words, as nearly as possible. Get him to sign it if he will.) : Be it remembered that on the the year of our Lord C.D., of day of in the said Colony (farmer, or C.D.), of (No. 2 in the town of in in the township of street, in the parish of (surgeon), of which said house he is tenant, personally came before me, one of Her Majesty's Justices of the Peace for the said Colony, and acknowledged himself to owe to our Sovereign Lady the Queen the sum of 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 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 year first above mentioned, Justices of the Peace, &c. 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 (dc., 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, or at the next Court of General Quarter Sessions of the Peace to be holden in and for the Colony of Western Australia,* 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 Same as the last form but one to the asterisk*, and then thus :-' and there give such evidence as he knoweth 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 shall then 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, then the said recognizance to be void, or else to stand in full force and virtue.' (N 2) NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN ΤΟ THE PROSECUTOR AND HIS WITNESSES To wit. Take notice that you, C.D., of are bound in the sum of to appear at the next Court of (General Quarter Sessions of the Peace) in and for the Colony of Western Australia, to be holden at in the said Colony, 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 COMMITMENT OF WITNESS FOR REFUSING ΤΟ ENTER INTO THE To the Constable of RECOGNIZANCE and to the Keeper of the (House of Correction) at in the said Colony of Western Australia. Whereas A.B. was lately charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that (dc., as in the summons 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, (I) 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 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 Justices of the Peace, dc. 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, hath been now examined by (me) touching the premises, but being by (me) required to enter into a recognizance conditioned to give evidence against the said A.B., hath now refused so to do: These are therefore to command you the said Constable to take the said E.F. and him safely to convey to the (House of Correction) at in the Colony 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), there to imprison and safely keep him until after the trial of the said A.B. for the offence aforesaid, unless in the meantime such E.F. shall duly enter into such recognizance as aforesaid in the sum of pounds before some one Justice of the Peace for the said Colony of Western Australia, conditioned in the usual form, to appear at the next Court of (Oyer and Terminer or General Gaol Delivery, or General Quarter Sessions of the Peace) to be holden in and for the Colony of Western Australia, and there to give evidence before the Grand Jury upon any bill of indictment which may then and there be preferred against the said A.B. for the offence aforesaid, and also to give evidence upon the trial of the said A.B. for the said offence if a true bill should be found against him for the same. day of in the J.S. (L.S.) 1 (02) SUBSEQUENT ORDER TO DISCHARGE THE WITNESS To the Keeper of the (House of Correction) at day of in the Colony of (instant), Western Australia. Whereas by (my) order dated the reciting that A.B. was lately before then charged before (me) for a certain offence therein mentioned, and that E.F. having appeared before me, and being examined as a witness for the prosecution in that behalf, refused to enter into a recognizance to give evidence against the said A.B., and (7) therefore thereby committed the said E.F. to your custody, and required you safely to keep him until after the trial of the said A.B. for the offence aforesaid, unless in the meantime he should enter into such recognizance as aforesaid; and whereas for want of sufficient evidence against the said A.B., the said A.B. has not been committed or holden to bail for the said offence, but on the contrary thereof has been since discharged, and it is therefore not necessary that the said E.F. should be detained longer in your custody: These are therefore to order and direct you the said Keeper to discharge the said E.F. out of your custody as to the said commitment and suffer him to go at large. Given under my hand and seal this year of our Lord at in the day of in the Colony aforesaid. J.S. (L.S.) (P 1) To the Constable of at WARRANT REMANDING A PRISONER and to the Keeper of the (House of Correction) in the said Colony of Western Australia. Whereas A.B. was this day 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 warrant to apprehend), and it appears to me to be necessary to remand the said A.B.: These are therefore to command you the said Constable in Her Majesty's name forthwith to convey the said A.B. to the (House of. Correction) at in the said Colony and there to deliver him to the |