Justices of the Peace, &c. and for the said Colony of Western Australia, for that A.B. (&c., as in the summons): And whereas I then issued my summons unto the said A.B., commanding him in Her Majesty's name to be and appear on o'clock in the forenoon at before such at Justices of the Peace for the said Colony as might then be there to answer to the said information (or complaint), and to be further dealt with according to law: And whereas the said A.B. hath neglected to be or appear at the time and place so appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons hath been 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 some one or more of Her Majesty's Justices of the Peace in and for the said Colony to answer to the said information (or complaint), and to be further dealt with according to law. Given under my hand and seal this in the year of our Lord at day of in the Colony aforesaid. J.S. (L.S.) (C) To the Constable of WARRANT IN THE FIRST INSTANCE and to all other Peace Officers in the said Colony of Western Australia. Whereas information hath this day been laid before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that A.B. (here state shortly the matter of the information); and oath being now made before me substantiating the matter of such information: These are therefore to command you in Her Majesty's name forthwith to apprehend the said A.B. and to bring him before some one or more of Her Majesty's Justices of the Peace in and for the said Colony to answer to the said information and to be further dealt with according to law. Given under my hand and seal this the year of our Lord at day of J.S. (L.S.) in (D) WARRANT OF COMMITTAL FOR SAFE CUSTODY DURING AN ADJOURN To W.T., Constable of Whereas on MENT OF THE HEARING and to the Keeper of the (House of Correction) at last past, information was laid (or complaint was made) 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 whereas the hearing of the same is adjourned to the instant at o'clock in the forenoon, at day of and it is necessary that the said A.B. should in the meantime be kept in safe custody: 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 and there deliver him into the custody of 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 there safely keep him until the day of instant, when you are hereby required to convey and have him, the said A.B., at the time and place to which the said hearing is so adjourned as aforesaid, before such Justices of the Peace for the said Colony as may then be there to answer further to the said information (or complaint) and to be further dealt with according to law. Given under my hand and seal this in the year of our Lord at day of in the Colony aforesaid. J.S. (L.S.) Justices of the Peace, &c. (E) RECOGNIZANCE FOR THE APPEARANCE OF THE DEFENDANT WHERE THE CASE IS ADJOURNED OR NOT AT ONCE PROCEEDED WITH Be it remembered that on A.B. of (labourer), and L.M. of (grocer), personally came before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, and severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following, that is to say, the said A.B. the sum of and the said L.M. the sum of of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he the said A.B. shall fail in the condition endorsed. Taken and acknowledged the day and year first above mentioned, at before me J.S. (L.S.) The condition of the within written recognizance is such that if the said A.B. shall personally appear on the day of instant, at o'clock in the forenoon, at before such Justices of the Peace for the said Colony as may then be there, to answer further to the information (or complaint) of C.D., exhibited against the said A.B., and to be further dealt with according to law, then the said recognizance to be void or else to be in full force and virtue. NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO THE and you, before such Justices of Take notice that you, A.B., are bound in the sum of L.M., in the sum of that you, A.B., appear personally on at o'clock in the forenoon, at the Peace for the said Colony as shall then be there, to answer further to a certain information (or complaint) of C.D., the further hearing of which was adjourned to the said time and place, and unless you appear accordingly the recognizance entered into by you, A.B., and by L.M. as your surety, will forthwith be levied on you and him. Dated this day of CERTIFICATE OF NON-APPEARANCE TO BE ENDORSED ON THE DEFENDANT'S RECOGNIZANCE I hereby certify that the said A.B. hath not appeared at the time and place in the said condition mentioned, but therein hath made default, by reason whereof the within written recognizance is forfeited. J.S. (G 1) To E.F. of SUMMONS OF A WITNESS in the said Colony of Western Australia. Whereas information was laid (or complaint was made) 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 hath been made to appear to me upon (oath) that you are likely to give material evidence on behalf Justices of the Peace, &c. of the (prosecutor, or complainant, or defendant) in this behalf: These are therefore to require you to be and appear on at o'clock in the forenoon, at before such Justices of the Peace for the said Colony as may then be there, to testify what you shall know concerning the matter of the said information (or complaint).' Given under my hand and seal this year of our Lord at (G 2) day of 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 was laid (or complaint was made) 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 it having been made to appear to me upon oath that E.F. of in the said Colony (labourer), was likely to give material evidence on behalf of the (prosecutor), I did duly issue my summons to the said E.F., requiring him to be and appear on o'clock in the forenoon of the same day, at at before such Justices of the Peace for the said Colony as might then be there, to testify what he should know concerning the said A.B. or the matter of the said information (or complaint): 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 of a reasonable sum having been paid (or tendered) to him for his costs and expenses in that behalf; and whereas the said E.F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse hath been offered for such neglect: These are therefore to command you to take the said E.F. and to bring and have him on o'clock in the forenoon, at before such Justices of the Peace for the said Colony as may then be there, to testify what he shall know concerning the matter of the said information (or complaint). at Given under my hand and seal this year of our Lord at day of in the in the Colony aforesaid. J.S. (L.S.) (G 3) WARRANT FOR A WITNESS IN THE FIRST INSTANCE To the Constable of and to all other Peace Officers in the Colony of Western Australia. Whereas information was laid (or complaint was made) before the under signed, (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 being made to appear before me upon oath, that E.F. of (labourer) is likely to give material evidence on behalf of the (prosecutor) in this matter, and 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 o'clock in the forenoon at at or before such other Justices of the Peace for the said Colony as may then be there, to testify what he shall know concerning the matter of the said information or complaint. Given under my hand and seal this the year of our Lord at Justices of the Peace, &c. (G 4) COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN To W.M., Constable of at in the said Colony of Western Australia, and to the Keeper of the (House of Correction) at Whereas information was laid (or complaint was made) 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 one E.F., now appearing before me, such Justice as aforesaid, on and being required by me to make oath or affirmation as a witness in that behalf, hath now refused so to do (or being now here duly sworn as a witness in the matter of the said information or complaint, doth refuse to answer certain questions concerning the premises which are now 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 convey to the (House of Correction) at 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), and there imprison him for such his contempt for the space of days, unless he shall in the meantime consent to be examined and to answer concerning the premises; and for so doing this shall be your sufficient warrant. Given under my hand and seal this year of our Lord the at day of in the Colony aforesaid. J.S. (L.S.) (H) WARRANT TO REMAND A DEFENDANT WHEN APPREHENDED and to the Keeper of the (House of Correction) at Whereas information was laid (or complaint was made) 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 or warrant): And whereas the said A.B. hath been apprehended under and by virtue of a warrant, upon such information (or complaint), and is now brought before me as such Justice as aforesaid: 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 and there to deliver him to the said Keeper thereof, together with this precept; and I do hereby command you, the said Keeper, to receive the said A.B. into your custody in the said (House of Correction), and there safely keep him until next, the day of instant, when you are hereby commanded to deliver him to any Constable bringing a written direction to that effect, from any Justice of the Peace, so that he may be produced at at o'clock in the forenoon of the same day, before such Justices of the Peace of the said Colony as may then be there, to answer to the said information (or complaint) and to be further dealt with according to law. Given under my hand and seal this year of our Lord at day of in the J.S. (L.S.) (I 1) CONVICTION FOR A PENALTY TO BE LEVIED BY DISTRESS, AND IN DEFAULT OF SUFFICIENT DISTRESS IMPRISONMENT To wit. Be it remembered that on the the year of our Lord Western Australia, A.B. is convicted before the undersigned, (one) of Her Majesty's Justices of the Peace, &c. Justices of the Peace for the said Colony, for that he the said A.B. (&c., stating the offence, and the time and place when and where committed); and I adjudge the said A.B. for his said offence to forfeit and pay the sum of the penalty and also the compensation if any) to be paid and applied according to law, and also to pay to the said C.D. the sum of for his costs in this behalf, and if the said several sums be not paid forthwith (or on or before (stating next) *I order that the same be levied by distress and sale of the goods and chattels of the said A.B., and in default of sufficient distress* I adjudge the said A.B. to be imprisoned in the (House of Correction) at Colony, (there to be kept to hard labour) for the space of in the said unless the said several sums and all costs and charges of the said distress (and of the commitment and conveying the said A.B. to the said House of Correction) shall be sooner paid. at Given under my hand and seal the day and year first above mentioned, in the Colony aforesaid. J.S. (L.S.) *Or where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then instead of the words between the asterisks** say, 'then, inasmuch as it hath been made to appear to me (that the issuing of a warrant of distress in this behalf would be ruinous to the said A.B. and his family,' or 'that the said A.B. hath no goods or chattels whereupon to levy the said sums by distress), I adjudge,' &c., as above to the end. (I 2) CONVICTION FOR A PENALTY, AND IN DEFAULT OF PAYMENT To wit. day of in the year of Be it remembered that on the our Lord at in the said Colony, A.B. is convicted before the undersigned, (one) of Her Majesty's Justices of the Peace for the said Colony, for that he the said A.B. (dc., stating the offence and the time and place when and where it was committed); and I adjudge the said A.B. for his said offence to forfeit and pay the sum of (stating the penalty and the compensation, if any) to be paid and applied according to law, and also to pay to the said C.D. the sum of for his costs in this behalf, and if the said several sums be not paid forthwith (or on or before next), I adjudge the said A.B. to be imprisoned in the (House of Correction) at in the said Colony (and there to be kept to hard labour) for the space of unless the said several sums (and the costs and charges of conveying the said A.B. to the said House of Correction) shall be sooner paid. at Given under my hand and seal the day and year first above mentioned, in the Colony aforesaid. J.S. (L.S.) (I 3) CONVICTION WHEN THE PUNISHMENT IS BY IMPRISONMENT, &c. day of To wit. Be it remembered that on the in the year of our Lord in the said Colony, A.B. is convicted before the undersigned, (one) of Her Majesty's Justices of the Peace for the said Colony, for that he the said A.B. (dc., stating the offence and the time and place when and where committed); and I adjudge the said A.B. for his said offence to be imprisoned in the (House of Correction) at labour) for the space of said C.D. the sum of in the said Colony (and there kept to hard and I also adjudge the said A.B. to pay the for his costs in this behalf, and if the said sum |