Justices Act 1849 (SA)

ORDINL4-VCE enacted by the Governor of South Australic, with the advice

and consent 01 the Legis!alive Courzcil flrereof.

'oFnciZitate the Perforrnnizce of the Duties of fistices o f the Peace

oat of' Sessions, with respeed to Perersons cl~arged with ItzrlidabZe

Ofences.

.

[ i ~ t h October 1849.1

HEREAS it would conduce much to the Improvement of the	Prennlble,
Administration of Criminal Justice in this Province, if the Laws

dating to the duties of Her Majesty's Justices of the Peace therein

d h respect to persons charged with I~dictable Offences were

lQlly defined by positive enactment.

BE IT TIIEREFORL ENACTED by THE GOVERNOR OF SOUTH AUSTRAZIA, For what offences

a Juutice of the Peace

the advice and consent of T ~ E LEGISLATIVE COUNCIL t h ~ e o f - ,, ,D,, , , , , , W

I ~ a. r in $1 cases where : L charge or complaint (A) shall be made before s or ~ person to l charged ~ ~ l ~ ~ ~

,one or more of Her Majesty's Justices of the Peace therewith to be

"thin the Province, that an) person has committed or is suspected brought In what before cnscw him. the

h a w committed any treason, felony, or indictable rnisde- party may m m -

"'"UW, OY other indictable offence whatsoever within the said ~ ~ ~ ! $ ~ ~ $ ; i i~;

B Province

fint imtnnce.

the summons ho not If Province, or that any person guilty or sospectctl to be guiltv

obeyed, +,hen a	having committed any such crime or offence elsewhere, is r-csidi
rant lnay be issued.	or being, or is suspected to reside, or be within the said Prolii then and in every su7ih ease, if the person so charged or compla against, shall not then be in custody, it shall be lawf~~l for
Justice or Jnstices of the Peace, to iraue his or their warrant, ( apprehend such person and to cause him to be brought-Gfor Justice or Justices, or any other Justice or Justices of the S;., vince, to answer to such charge or complaint, and to be furth

Pror iso. with according to law. PROVIDED ntnrnrs that in all cases it

lawful for such Justice or Justices to whom 511~11 c l ~ r g e or CO shall be preferred, if he or they shall so think fit, illstead o in the first instance his or their warrant to apprc!wr:cl the p charged or complained against, to issue his or their m n i directed to such person, requiring hi111 to appear before Justice or Justices at a timc and place to be therein men

before such other Justice or Justices of the said Province, as be there, andif after being served with such sumnlom in man after rnentioncd, he shall fail to appcar at such tiim m d p dience t o sucb summons, then and in every such case, the x i Justices, or any othcr Justice or Justiccs of the said Pro;-ill his or their warrant (D) to apprehend such person so complained against, and c a ~ ~ s e such person to bc brough or them, or before some other Justice or Justices of the Peace for tile

said Province, to answer to the said charge or complaint, and to ir

further dealt with according to law. PROVIDED NEI-cnl

nothing herein contained slmll prevent any Justice or J

Pence, from issuing the Warrant hereinbefore first mentioned, at my

tirnc before or after the time mentioned, in such Suinmons for tic

appearance of the said accused party.

w ~ a n t to wre- 11. AND BE IT ENACTED that where any Indict

hend a party against

,~a,,~, .. i.di.tm,nt found by ihe Grand fury in any Court of Oyer and

is f0u.a. Jf peryn general Gaol Delivery, or othcr Court of Crimini

indicted bc already in

prison for sumo otliw against any person ~ 1 i o shall then be at large! and

~tt'ence. Jus'ic" person shall hare been bound by any Recognizance to appear to

may order him to be

iictaincn until re- answer to the same or not, the proper Officer of such Court, sllall

'lovea	by writ	any time after the end of the Sessio~~s,	or hitting of sucll Court
Habeas.

which such Indictment shall have been found, upon application of the Prosecutor, or of any person on his behalf, and on payment of a fet of one shilling, if such person shall not have already

pleaded to such Indictment, grant unto such Prosecu Certificate (P) of such Indictment having been fot podoction of such Certificate to any Justice or Justi fbr thc said Province, it shall be lawful for sucll JLIS

and he and they are hereby reqoired to issue his

(G) to apprehend sac11 person so indictrd, and to

Upon complaint V. AXD BE ENACTED, that upon such information and corn-

Imiug laid, J U S ~ cce

receiving tlie eanm plaint, being so laid as aforesaid, the Justice or Justices reccivin

nlnv issue surrl~~io~v~ 6

or warrant for appear- the same, may, if he or they shall think fit, issue his, or tlleir	auce of p e r m summons or warrmt respectively, as hereinbefore is directed, to
ci~argcd. How sum-
,l,nar to h str,,ed. If cause the person charged as aforesaid, to be, and appear before hini
w t y s ~ l ~ n e d do or them, or any other Justice or Justices of the Peace fbr the
not attend, Jastice

Province, to be dealt with according to law; and every such S,,. .

,,,,, ieiue .

dmce ; no ohjectiou ~ u n w l attell- mons (C) shall be directed to the party so charged in, and by soe],

. r i ~ ~, . ~ ~ fur allrqcd&. informdon, and shall sta,te shortly the matter of such infor~lmtio~,

iect in ~ U I I ~, &C.

and shall require the party to whom it is so directed, to be and ii,lJpear

at a certain time and place therein-mentioned, before the Justice,

who shall issue such summons, or before such other Justice or Justices of the Peace of the Province, as may be there, to anslver to the said charge, and to be further dealt with accordiug to Iav~;

and every such Summons shall be served by a Constable, or othel

Peace Officer, upon the person to whom it is so directed, b\ delivering thc same to the party personidly, or if he cannot conve. niently be mct with, then by leaving the same with some person for him, a t hid last or most usual place of abode; and the Constablt or other Peace Officer, who shall have served the same in mannel aforesaid, shall attend a t the time and place, before the Justices ir the said Summons mentioned, to depose, if necessary, to thc scrvict of such Summons; and if the person so served, shall not be, am

appear before the Justice or Justices, a t the time and place men

tioned in such Summons, in obedience to the same, then it shal be lawful for such Justice or Justices, to issue his or their Wslrran

(L) j for apprehending the party so summoned, and bringing hio

before such Justice or Justices, or some other Justice or Justices o the Peace of the Province, to answer the charge in the said irifor mation and con~plaint mentioned, and to be further dealt with accord ing to law: PROVIDED ALWAYS, that no objection shall be taken o ellowed to any such Summons or Warrant, for any alleged defec therein, in substance, or in form, or for any vdriance between it am

the evidence adduced on the part of the prosecution, before th	Justice or Justices, who shall take the examinations of the Witncsse
in that behalf, as herein-after mentioned; but if any such vurianc shall appear to such Justice or Justices, t o be such that the part charged, has been thereby deceived or misled, it shall be lawful f~ such Justice or Justices, a t the request of the party so char~edj
adjourn the hearing of the case to some future day, and in tt
meantime, to remand the party so charged, or admit him to bail, 1
manner heweinafter-mentione d.

'&C% l . wanant to a p ~ r e - VI. AND BE IT EXACTED, that every Warrant (B) hereaft1

11md pal ties to be un-

.I,, e ,a , .nd ae.l of to be issued by any Justice or Justices of the Peace, to apprehel

rant to be directed, How war* any person charged with any Indictable Offence, shall be under tl

m d t o rlmm. I ~ O W hand and seal, or hands and seals, of the Justice or Justices iss~lil '1

G

Justice or Justices of the I'mce a:; sl~iill then be tlirre t o testify as aforesaid; or if such justice sl;:~ll be sirtisficd by eridcnce upoll oath or a%rmation that it is probable that such p r s o n will not attend to give c~idence without being conipellerl so to do; then, instearl of ;, suing such summons, it sliall be lawful for liim to issue his \varrant (L3) in the first instanrc; and if, on the appearnucc of such perso

so summoned before the said last ineritioiml Justice or Justice

either in obedience to thc said summons, or upon being b r o q

before him or them bv virtue of the slid warrant, such person shall - -

fuse to be exarnilied upon oath or affirmation conce rn i i~ the premises or shall refuse to t:tke such oath or affirmation, or having taken sue] oath or affirmation, s l d l refuse to answer sllcll questions concernin{ the premises as shall then bc put to him, without ofrering any just

cuse for such refusal, any Justice of the Peace then prcsent, and hay ing jurisdiction, may, by warrant ( L I) under his hand and seal, com

mit the person so refusing to the iiearest common Gaol or House 0

Correction, there to remain and be iniprisoned for any time riot ex ceeding seven days, unless he shall, in the incan time, consent t o b

examined, and to answer concer~ling the prexniscs.

A# to t h examin%- YIII. A m m IT E N ~ C T E D, that in all cases where any p e ~ x

iion of witnesses.

J ustioe t o administer shall appear, or be brought hef'u~e any Justice or Justices of t h Depositions of persons oath or sffirmation. Peace, charged with m y indictable offence, whether such person a]

have or who pear voluntarily upon summons, or have been apprehended, with a

are absent, may in without warrant, or be in custody for the same, or any other offencc	certain caeew, Le read
in eeidence. such Justice or Justices, before he or they shall commit such accuse

person to prison for trial, or before he or they slid1 admit him t

bail, shall, in the presence of such accused person, who sliall be: liberty to put questions to any witness produced against him, tat the statement (M) on oath or affirmation of those who shall ltno the facts and circumstances of the case, and shall put the same in1 writing, and ~ ~ 1 ~ 1 1 depositions ~11311 be read over to, and sigmtd ri spectively by, the witnesses who shall have been so esmnined, nl

shall be signed also by the Justice or Justices taking the same; ar

the Justice or Justices before whom any such witness shall appear

be examined as aforesaid shall, before such witness is examined, a

minister to such witness the usual Oath or Affirmation, which sue Justice or Justices shall have full power and aothority to do; and upon the Trial of the person so accused as first aforesaid, i t shall ' provecl by the Oath or Afirma.tion of any credible witness, that nl p m o n whose deposition s l d have been taken as aforesaid is dea or so ill as not to be able to travel, and if, also, it bc proved that su deposition was taken in the presence of the person so accused, a that he, or his Counsel or Attorney, had a full opportunity of cro examining the witness, then, if such deposition purport to be s i p

by the Justice, by or before whom the same purports to hnvc be

taken, it shall be lawful t o rend such deposition as evidence in SL

prosec~~t

C*

I

,osecotio~i, without further proof' Illereof, odess it s l d l be proved

t	,	,	such deposition x i s not, in fact, signed by the J~ls t ice purport-
t o sign the sxine.

IX. Aun se Irr ICs,zcnn that after the esnniinations of all thc After c x ~ m i m t i n: i

OF t l ~ c nwused J r r i -

\Vitnesses on the part of' the prosecutiori as a f g r e h d shnll have I>een ti,., to ,,.,d d,[,,,,,.

,,mpleted, the Justice of the Peiwc, or one of the Justicci by or " O n ~ a ' c t L 1 ~ ~ i n - t

II~I:I, and cnutio~i hrur

bebre whorn such euamirlstions shall have becl1 so completed as ns t o ar,y stntnllrue

riiresaid, slmll, without rcquiring the attendance of the witnesses, ~ ~ f o ~ ~ ~ ~, l ~ ~ k ~, ~, ~ L ~ ~

or cause to be rend to the accused the D c p i t ions tn?<en against llav nothing to lro,,e

I, , i d shall say to him these words, or vo:.d.r to the like effwt: ~, ~, u ! ~ ~ o ! ~ ~ ~ ~ r ~ ~ ~ ~ e r

Ilaving heard the Evidence, do you wish to say nny tliing in answer to t!le Clmrge, you are not obliges to say any thing uriless yon desire to do so, but whatever pon say will bc taken down in writing, and IlaY be given in Evidence against you upon your 'Trial." And \]&\er the Prisoner shall then say in answer thereto, sll:dl be takrrl t i c m in writing (X) and rc:rcl over to him, and sliall ba signed by the saicl Justice or Justices, atrd kept wit11 tlie Depositions of the IYitneshes, and sllrlll be transmitted with t h a n X Y hereinafter men- lionecl; And wfterwards upon the 'l'rinl of thc saicl nccusd person, he snmc inay if necessary be given ill Evitlencc against him without further proof thcrcof, unless it shall be proved that the Justice or Justiccs purporting to sign the same, did not ill fact sign the same:

! ' a o v ~ ~ ~ n ALWAYS thnt the said Justice or Justices, before such xcusecl

lmon shall make any statement, shall rtatc to him and girc him rrUyisO.

Jearlv to unclerstnnd that he has nothing to hopc Sso~xi any promise

ofhvkr, and nothing to fear from ;my threat which rn ly lmve been

Idtlcn out to him, to d u c e him to 1nn.k~ any nilr.iission or confession

of his guilt, but that mhilte~er he sliall then say. inn! be given in

Evidence against him upon his T r i d, notwitl~rtat:di~~g such promise

or threat: l'aov~uco x n v m T H E L e s s that nothing lierein enacted or p,,ov~30,

cciiitained, shall prevent the l'rosecntor in any case from givii!g in i:\.idence any admission, or confession, or oilier statement of the p%on accused or charged, made at any tinic, w1:icli by law would

be admissible, as Evidence saainst such person.

X. AsD IT DECLAIZED .\SD EN.ICTED, t h; ~ t the ]Iioorn OT ~ l n c o wllerr erzmin-

hiltling in rThich such Justice or Justices shall take such esamino- deemed '"On an open l'" ccurt,

h s and statement as aforesaid, shall not be deemed an open Court and no w w n to re-

fu r that purpose: +4nd i t shall be lawful for such Justice or Justices main uithout conaent.

, In his or their discretion, t o order thnt no peraon sliall have access

or be, or remain in such Room or Building, without the consent

O'Pfilnission of such Justice or Justiccs, if it appear to him or them

'hat the ends of Justicc will be best answeml by so doing.

' 1 1 . AND IT ~ { N A C T E D that i t shall bc lawful for the Justice bind I'0wer over toJustirc the prose- to

'' Jubticcs before whom any such JVitness hall bc examined as and w i t u n w.

1 aforesajcl, by r :rngr~irdnct.~. h-

cause, the Justice or Justices before W!IOII! such ;LCCUSC!I party J

have been brouqht, s l ~ d l not commit him or hold hi111 t o Enil for

ogence with mhlch he is char;;L'L!, it shall be lnwf111 f o r * such Just or Justices, or any other Jwtice or Justices by Ilia or their order (P in that behalf, to order and direct the Keeper of such Ccrmr.on G or House of Correction, where such Witness shall be so in Gusto t o discharge him from the same, ancl such Keeper shall thereu forthwith discharge him accordi~lgly.

esses for any t h e, i t shall be lawful to and for the Justice or by mand warrant. be for ~t t h e e re-

es before whom the accused shall appear or be brought, by his days only by verbal	ir Warraut (Q l) from titrre to time to remand thc party accu- order. Party acrused may be admitted to
r such time, as by such Justice or Justices in their discretion b ~ i l, on the examinn-

tion being adjourr~ed.

e deemed reasonable, not rvrrrding eight clear days, to the ,,,,, ,,, ,,, ,.

n Gaol or House of Correction, or other Prison or Lock -~q~	pear upon recogni-
zances, J~istices may

OUSP, 01 place of security; or if the remand be for a time not ex- the to

of the

tllrce clear days, i t shall be lawful for such Justice or Justices the

Bcnch

to order the Constable, or other pcrson in whosc custody

rty :tccused may then be, or any other Constable, or person

ined by the said Justice or Justices in that behalf, to continnra

such party accused in his custody, and to bring him before c, or such other Justice or Justices as shall be there acting

rnc appointed, for continuing such cxamination: PROV~DED	P ~ O J ~ S O.
that any such Justice or Justices may ordcr such accused be: brought before him or them, or before any other Justice cm of the Peace, a t ar,y time before the expiration of the
which such accused party s l d l be so remanded, and the r Officcr in wlmse custody he shall then be, shall duly obey

r: PROT'IDED ALSO, that instcad of detaining the accused Preyis".

ustody during the period for which he shall be so remanded, ustice of the Peace before whom such accused party shall

or be brought as aforesaid, may discharge him, upon his nto a Recognizance (Q 2, 3) with or without a Surety or at the discretion of such Justice, conditioned for his e at the time and place appointed for the continuance of ination: And if such accused party shall not * afterwards he time and place mentioned in such Recognizance, then

stice or any other Justice of the Peace, who may then e present, upon certifying (Q 4) on the back of the

, the non-appearance of such accused party, may

Recognizance t o the Clerk of the Peacc, or Bench of

of the Jurisdiction within which such Recognizance

n taken, to be proceeded upon in like manner as other

, and such Certificate shall be deemed prima jrrcie

ch non-appearancc of the said accused party.

11. AND BE IT ENACTED, that where any person shall appear, lJower to Justice to

admit to bail persons

brought before a Justice of the Peace, charged with any	charged with felony and certain miedemea-
, or with any Assault with intent to commit any felony, or	nonrs. Justices may
y attempt to commit any felony, or with obtaining or at-	admit to bail in the
g to obtain property by false pretcnces, or with a mis-	like cases, after com-
mitment for triJ.
ur in receiving property stolen, or obtained by false pre-	bail persons charged Jostices may admit to

Q C ~ S, or with perjury, or subornation of perjury, or with cormd- with other miudemes-

birth of a child, 11); secret burying, or otherwise, or with	nours. nizance~ to be traua- Ccrtain recog-
indecent exposure of the person, or with riot, or ult in pursuance of a conspiracy to raise wages; or assault	mitted to committing
Justices, Where
defon !ant entitled to

upon traverse.

upon a peace officer in the execution of his duty, or upon any may, in his discretion, admit such person to bail, upon his procur and producing such surety, or sureties, as, in the opinion of a Justice, will be sufficient to ensure the appearance of such accb person a t the time and places when and where he is to be tried such offence; and thereupon such Jwtice shall take the refi

aon acting in his aid, or with neglect or breach of duty as a p,,

nizance (S 1, 2) of the said accused person and his surety or S ,!

ties, conditioned for the appearance of such accused person at time and place of trial, and that he will then surrender and take trial, and not depalt the Court without leave; and in all cases whl

a charged with any indictable offence shall be committed

prison to take his trial for the same, it shall be lawful, at any ti afterwards and before the first day of the Sitting or Session which he is to be tried, or before the day t o which such Sitting Session may be adjourned, for the Justice or Justices of the Pc; who shall have signed the warrant for his commitment, in his or th discretion, to admit such accused person to bail in manner aforesn or, if such Committing Justice or Justices shall be of opinion t for any of the offences hereinbeforc-mentioned, the said accu person ought to be admitted to bail, he or they shall in such car and in all other cases of misdemeanours, certify (S 3) on the b; of the warrant of commitment, his or their consent to such accu party being bailed, stating also the amount of bail which ought be required, and i t shall be lawful for any Justice of the Peace, atte ing or b e i q a t the Gaol or Prison where such accused party 61 be in custody, on production of such Certificate, to admit such cused person to bail in manner aforesaid; or if i t shall be inconveni for the Surety or Sureties in such a case to attend a t such Gaol Prison to joinWwith such accused person in the recognizance o

then such Committing Justice or Justices may make a Dupli such Certificate (S 4.) as aforesaid, and upon the same bei

duced to any Justice of the Peace, it shall be l a ~ i'ul for su

mentioned Justice to take the recognizance of the

ties in conformity with such Certificate, and upon suc

being transmitted to the Keeper of such Gaol or Prison, and

together with the Certificate on the Warrant of Commi

aforesaid, to any Justice of the Peace attending or bein

Gaol or Prison, i t shall be lawful for such last mention

thereupon to take the Recognizance of such accused pa

order him to be discharged out of custody a s t o that CO

hereinafter mentioned; and where any person shall

before any Justice of the Peace, with any indictable

other than those herein-before mentioned, such Justi

the Examinations in writing as aforesaid, instead of c

to Prison for such offence, shall admit him to Bail in

or if he have been coinnlitted to prison, and shall apply to any

one of the Visiting Justices of such Prison, or to any other Justice

ofthe Peace, before the first day of the Sitting or Session a t which

he is to be tried, or before the day to which such Sitting or Session

may bc adjourned, to be admitted to Bail, such Justice shall accord-

illgly admit him to Bail in manner aforesaid: And in all cases where

accused person in custody, shall be admitted to B'ail by s Justice

of the Peace, other than the comniitting Justice or Justices as

aforesaid, such Justice of the Peace so admitting him to Bail, shall

forthwith transmit the Recognizance or Recognizmces of Bail to the Committing Justice or Justices, or one of them, to be by him or

them, transmitted with the Examinations to the proper Officer:

P~ovruriu NEVERTHELESS that when in cases of Misdemeanour, the P r o v i ~.

Defendant shall be entitled to a 'Sraverse at the next Sittings or Sessions, and shall not be bound to take his Trial, until the second Sittings or Sessions, in every such case the Recognizance (S 1) of

Rail shall be conditioned that he shall appear and plead a t the next

Sittings or Sessions, and then traverse the Indictment, and that he shall surrender and take his Trial a t such second Sittings or Sessions,

unless such accused party shall, before he enter into such Recogni- zance, choose and consent to take his Trial at such first Sittings or

Sessions, in which case the Recognizance may be in the ordinary

form herein-before mentioned.

XIV. AND BE IT ENACTED that in all cases where a Justice or Rheu a J ~ s t i c e ;UI-

Justices of the Peace shall admit to Bail any person who shall then z!r be in any Prison, charged with the offence for which he shall be so writ of ~ ~ I L Y ~ W K ~ shall be sent ta h&, /+&F'

admitted to Uail, such Justice or Justices shall send to or cause to be detaiuea kranl

lodged with the Keeper of such Prison, a Warrant of Deliverance, other offence.	-
$3 5) under his or their hand and seal, or hands and seals, requiring
the said Keeper to discharge the person so admitted ta Bail, if he be
detaincd for no other offence, and upon such Warrant of Deliverance

being delivered to or lodged with such Keeper, he shall forthwith i

obey the same.

I XV AND BE IT ENACTED that when all the Evidence offered Ifnfterherringoi-

' upon the part of the Prosccution against the accused party ~1x111 ~ ~ ~ ~ ~ , ~ ~ ~ ~ ~ ~ ~ u ~ &

have been heard, if the Justice or Justices of the Peace then present sufficient to wnrrant

I shall be of opinion, that it is not sufficient to put such accused party rormnitment, ho shall be discharged, but if

upon his Trial for any indictable offence, such Justice or Justices evidence considered

' shall forthwith order such accused party, if in custody, to be dis- I, snfficient, Justice shall

t i , , .

charged as to the Information then under inquiry; But if, in the tl le~ccused	for trial.
opinion of such Justice or Justices, such Evidence is sufficient to put

I 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 (T 1) commit him to the Common Gaol or Mouse of

Correction

Correction for the place to wllicli by lam he may now be committed, to be there safely kept until he shall be thence delivered by due course of law, or admit him to Rail as herein-before mentioned.

ltegulatiollsforcon- XVI. AND BE IT ENACTED that the Constable, or ally of the

veging prisoners to

gaol.

Constables, or other persons to whom the said Warrant of Commit- ment shall be directed, shall convey such accused person therein named or described, to the Gaol or other Prison mentioned in su& Warrant, and there deliver him, together with such W~r~' i t l l t, to the Gaoler, Keeper, or Governor of such Gaol or Prison, who shall thereupon give such Constable, or other person so delivering sucll Prisoner into his custody, a Receipt (T 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.

After examinations XVII. AND BE IT ENACTED that a t any time after all the Exaini-

are completed, defen-

dant entitlcdto copies nations aforesaid shall have been cornulcted. and before the first :!P;

of the depositions of the Sittirlgs or Sessions, or other Brst 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 custodv

of the same, Copies of the Depositions on which hc shall have been

committed or bailed, on payment of a reasonable sum for the same, not exceeding a t the rate of two-pence for each folio of ninety words.

Porlns in XVIII. AND BE IT ENACTED $hat the several forms in the Schedule

deemed valid.

hereto, or forms to the same or the like effect, shall be deemed

good, valid, and sufficient in law.

Nothing to affect XIX. AND BE IT ENACTED that nothing in this Ordinance con-

powers, &c. contained

in Ordinances confer- tained, shall alter or afi'ect in any manner whatsoever any of the

ring. on Stipendiary Provisions or Enactments contained in any Statute or Ordinance Magistrates the power

of two Juetices.	now or hereafter to be in force within the Province, whereby the	powers of two Justices of the Peace, or any other jurisdiction and	authority are conferred on any Resident, Police, or Stipendiary
Magistrates, or Magistrates specially nominated, acting alone in manner provided by such Statute or Ordinance.

Commencement of XX. AND BE IT ENACTED that this Ordirlance sliall commence an(

Ordinance.

take effect from and after the thirty-first day of December next ensuing

H. E. F. YOUNG,

Lieutenant-Governor.

Passed the Legislative Council this Tenth da,q of'october, One 'I'lzou- sand eight Hundred and Forty-

nine,

W. L. OHALPORAN. 1

Clerkc of Council.

SCHEDULE A.

SOUTH AUSTRAIJA, The Information and Complaint of C. D. of

TO WIT. (Yeoman) taken this

day of in the year of our Lord 18, before the under-

signed (one) of Her Majesty's Justices of the Peace in and for the I'rovincc of South Australia, who saith that, &c. (stuLin,: the ofence.)

Sworn before (me) the day and year first above mentioned, at

SCHEDULE B.

Ifirrrunt t o apprehend a Person chargzrl mith an Indictabk. O e n c e.

IOUTEI AUSTRALIA and to all Constables and

TO VIT. ) P ~, " c Oficers of the Province of South Aus~ralia :

Whereas A. B. of (Labourer) hath this

day been charged upon Oath before the undersigned, (one) of Her	Majesty's Justices of the Peace in and for the said Province of South
Australia, for that he on at did, &c.
(sratbg shortly the oflime.) These arc therefore to command you
in i!er ~ a j jesty9s Name, forthwith to apprehend the said A. B. and
t3 bring him before (me) or some other of Her Majesty's Justices of
the Peace, in and for the said Province, 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 t?le

Year of our Lord at in the Province aforesaid.

J. S. /L. S. )

Sumnons t o n Person charged with ImZictaBILr Ofence.

SOUTH AUSTRALIA (Labourer)

TO WIT.

Whereas you have this day beell charged before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said Province of South Australia, for that you on

at &c. (stating shortly the ofence.)

These are therefore to command you in Her Majesty's Name, to be and appear before me, on at o'clock in the fore- noon at or before such other Justice or Justices of the Peace for the said Province, 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 Province
aforesaid.

J. S. (1,. S.)

T o nncl to all ConstnFles ant1

Peace Officers in the Province of South

Australia.

Whereas on the dtly of

last pnst, A. B. of I,abourer, was charged before thc

undersigned, (one) of' Her Blajesty's Justices of the Peace, in and for

the said Province, for that, &c. (as iu ihc Su?r~nzons.)

And whereas (I) then issued (my) Summons to the said A. B. com- manding him h Her hlajcsty'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 thc snid

Province, 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 bc or appear at the time and place appointed in and by the snid Summons, although it hat11 riow been proved to me upon Oath .that the snid Summoris ~vvas duly served upon the said A. 15. These are therefore to command you in Her Majesty's

Name, forthwith to apprehend the said A. H. and to bring him

before me, or some other of Her Majesty's Justices of the Peace in

further dealt with according to law. sad for the said Province, to answer to the said charge, ancl to be Given under my hand and seal, this day of in

the year of our Lord at in the Province aforesaid.

. S. (I,. S.)

S6

SCEIEDULE F.

Cer/ij%clte of Iridictrnent being found.

SOUTH AVSTRALI.? 1 hereby certify, that at (a Court of Oyer acd

TO WIT. ] Terrniner and General Gaol Delivery, or as the

case may be,) holden in and for the , at

in the Province of South Australia, on

day of a Bill of Indictment was found by

the Grand Jury against A. B. therein described as A. B. late k

(Labourer,) for that he, &c. (slating shm the ofence.)

And that the said A. K.	llath not appeared or pleaded to the said
Indictment.

Dated this day of 18

J. D. (GEccr of the Court as the case may be.)

SCHEDULE G.

ItTc-ir.rnnt t o appreX cnd a Person ind;cieJ.

W3tlTII AUSTBALIA, and to till C'011-

stables ancl Peace CEcers of the Province

TO WIT. of Youth Australia.

Whereas it hath been duly certified by J. D. (yro-

per Officer of the Court, as the case may be, that &c. ( s to l i rg ih

.

C~rt$caZa.)

Tllcse are therefore to command you in Her Majesty's Name,

forthwith to apprehend the said A. U. and to bring him before (me)

or some other Justice or Justices of the Peace in and for the said

Province, to be denit with according to law.

Giren under my hand and seal, this day of

in the pear of our Lord at in the Province aforesaid*

J. S. (L. S.)

SCHEDULE H.

SOUTH AUSTRALIA,

Constable, and to the Keeper

of the [Common Gaol or House of Cor-

rection, at] in the Province of

TO WIT. South Australia,

Whereas by (my) Warrant under my hand and seal

dated the day of After reciting that it had been

certified by J. D. &c. (m in the Cert$knte) (I) commanded

and all other Constables and Peace Officers in

the said Province, in Her ;liIajestv's Name, forthwith to apprehend the said A. R. and to bring him bEfore (mc) the undersigned (one) of Hcr Majesty's Justices of the Peace in and for the said Province,

or bcfore some other Justice or Justices of the Peace, in and for the

said Province, to be dealt with according to law. And whereas the

said A. B. hat11 been apprehendcd under and by virtue of the said

Warrant, and being now brought before (me) i t is hereupon duly proved to (me) upon Oath, that the said A. B. is the same person who is named ancl charged in and by the said Indictment. These

are therefore to cornmancl 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) a t in the said Province, and there to deliver him to the Keeper thereof, together with this precept: And

into your custody, in the said House of Correction, and him there	I hereby command you the said Keeper, to receive the said A. B.
safely to keep, until h 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 Province aforesaid.

J. S. (L. S.)

Warrmt to Jeiaitz a Person b(Zicted d o is already b CzulocZg fop

allother Ojkzzce.

SOUTH ACSTRXLIA, TO the Keeper of the (Common Gaol or House

of Correction,) at in the

TO WIT.

Whereas i t bath been duly certified by b. D, 3 Proviuce of S m t h Australia.

( OJjicer of Court) that &c. (s fa tkg the CertlJicate.) Ancl whereas

(X am) informed that the said A, E. is in your Custody in the said (Common Gaol) a t aforesaid, char& 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: Thesc are therefore to command you, in Her Majesty's name, to detain the said A. B. in your custody in the (Coinnlon 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 Province aforesaid.

J. S. (L. S.)

SCHEDULE L 1.

Xumnzons of a JVitness.

KWTH AUSTRALIA, TO E. F. 0f Labourer.

TO WIT. 1

Whereas Information lmth b een laid before the

undersigned (one) of Her Majesty's Justices of the Peace in and for

the Province of South Australia, that A. B. &c. (as in the Surnl~zors

or Warrant agabsl 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 to

appear before me, on next, a t o'clock in the

forenoon, at or before such other Justice or Justices of the Peace for the said Province, as may then be there, to testify what you shall know concerning the said charge so made, against t h said A. B. as aforesaid. Herein fail not. Given under my hand and

a e d this day of in the year of our Lord

at in the Province aforesaid.

J. S. (L. S.)

SCHEDULE L 2.

Warrant where a Witness ltas not obeyed a Xummonr.

SOUTH AUSTRALIA, TO

and

to all Constables and Pence Officers of

TO WIT. l the Province of South Australia.

Whereas Information having been laid before the undersigned (one) of Her 31ajes;y's Justices of the Peace in and for the said Province, that A. B. &c. (m ila tlte Sumrnor~s,) and i t having been mtlrle t o appear to (me) u;)on Oath, that E. F. of

(Labourer) was likely to give rnnte,ial Evidence for the Prosecution, I did duly issue my Summons to the said E. P. requiring him to be and. appear before me on at or before

such other Justice or Justices of the Peace for the said Province, as

might then be there, to testify what he should know respecting the said charge so madc against the said A. B. as aforesaid: And whereas proof hath this day been made before me upon Oath of such Sum-

mons having been duly served upon the said E. F. And whereas

the said E. F. hath neglected to appear a t the time and place appointed by the said Summons, and no just excuse has been offered for such neglect: These are therefore td command you to bring and

have the said E. P. before me, on at

or Justices of the Peace for the said Province, as may then he there,

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

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 day of

in the year of our Lord at 'in the Province aforesaid.

J. S. (I,. S.)

SCHEDULE L 3.

IVarrmt for a il'itncss in the first instance.

SOUTH AUSTRALIA, TO and to all Constables and Peace Officers in the Province of

TO WIT. 3 Suuth Australia.

Whereas Information hath been laid before the undersigned [one] of Her Majesty's Justices of the Peace in and for the said Province, that &c. (as in 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 said Province, as may then	be there, to testify what he shall know concerning the said charge $0
made against the said A. B. as aforesaid.

Given under my hand and seal, this day of

in the year of our Lord	at	in the Province aforesaid*
J. S,	(L. S, )

?I.'m*ranl of cornmdment of a Witizess for refusing to be sworn

or to give Evidence.

$oUT!I ATSTRALIA, TO Constable, a,nd to the Keeper of the

(House of Correction) a t

TO WIT. in the Province of South Australia.

Whereas A. B. was lately charged before the J

undersigned, (onc) of Her hIajcsty's Justices of the Peace in and for 111:: said Province, for that, &c. (as in the Su~nrnon,s ;) and i t having becn made to appear to (me) upon Oath, that E. F. of

was likely to give material Evidence for the Prosecution, I duly

issued my Sumrnons to the said E. l?. requiring him to be and appetv

before me on a t or before such other	I*"
Justice or Justices of the Peace as should then be there, t o testify rvllat hc should know concerning the saicl charge so made against the said A. IS. as aforesaid: And the said E. F. now appearing before
mr, (or being brungllt before me by virtue of a Warrant in that
behalf to testify as aforesaid,) arid being required to make Oath or ~lfirmation LZS a Witness in that behalf, hath now refused so to do,) or being duly sworn as a NTitness doth now refuse t o answer certain qaestions concerning thc Premiscs which are here put to him, without offering any just excuse for such his refusal: These are t l~edorc to commaiid you the said to take the

said E. F. m d him safcly to convey to the (House of Correction) a t

in the said Province, ancl thcrc dcliver him to the

said Keeper thereof, together with this Precept: And I do hereby	*
command you the snid Keepcr of the said (House of Correction) to
receive the saicl E. F. into your Custody in the said (House of Cor- rcction) and him there safcly kccp for thc space of	days, for lris snid 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.

Givcn under my hand and seal, this day of

'11 the year of our Lord at in the Province aforesaid.

J. S. (L. S.)

Depositions of Wihesses.

SOUTH AUSTRALIA, The Examination of C. D. of

TO WIT. ) (Farmer) and 13. F. of (Labourer)

taken on [Oath] this day ol in the yeay of our

Lord at in the Province ator-esczid, before the undersigned [one-] of Her Majesty's dustices of the Pence for the said Province, in the presence and lwaring of b. B. who is cliargcd t h i s day before [me] for that he, the said A. R., on at

&c. (deseribilrg tile OJetzct. as it4 a Wan-nwt qf

Commitment).

This Deponent C. D. on his [Oath] saith as follows, &c. [slntirq

the Deposition of the Witness as m n d y as jllosibje in I /LC w 0 1. d ~ lie

uses. When his Deposition is conaplete, let him sign it.]

And this Deponent E. F. upon his [Oath] snith as fol!sws, &c. The above Depositions of C. D. and E. F. vicrc taken and

[sworn] before me, a t	on the clay and year first above
mentioned.

J. S.

(To fie signed by the Magistrnte on ~ t w y page, nnd iniiialfd a t

al l alterations.)

Statement of the Accused.

SOUTH AUSTRALIA, A. B. stands charged before the undersigned,

TO WIT. ) [one] of Her Majesty's Justices of' the I'enee ill

and for the Province aforesaid, this day of i11

thc year of our Lord For that hc, the snid A. B,, 011

the at &c. [as in the Cuption of ihe

Do7mitions,] and the said charge being read to the snid A. B. alld

the W:tnesses for the Prosecution. C. D. and E. F. bcing severally

examined in his presence, the said A. B. is now addressed by me m

folloas: Having heard thc Evidence, do you wibh to say anything

in ai:swer to the charge ? you are not obliged to say any tiling

you deairc to do so; but whatever you say will be taken duWll in writing, and may be given in Evidence against you upon your Trial." '\Vlicrcupon the said A. B. with as f o l l o~s: [ H e w stntc a/mieuer. ihc

I?risoncr ? m y say, nsd i~a idis very iwords, m newly as possible. Get

him to s i p i l i f ire mill ]

Taken before me, at the day and year first above

mentioned.

J. S.

SCHEDULE 0 l.

ISecogni,~mce to Fmsecllle or giue Evidence

$(jcTII AL'STR 1~1.1, it remembered, That on the day

in the Year of our Lord

in the of in the said

Protincc, [Farmcr] or C. D. of No. 2, Street, in the

in the said I'rovince, [Surgeon, of which said House

he is 'kcnnnt,] pcssonally c a n e before me, one of u e r Majesty's Justiccs cf the Pexcc, for the said Province, and acknowledged tlii~sc1-f to owe t o our Sovereign Lady the Queen her heirs and succes- w s tllc sum of of good and lawful hfoney of Great Britnin, to be made and lcvieti of his Goods and Chattels, Lands and Te- nements, to the use of our said Lady the Queen, her Heirs and Suc- cessors, if he the mid C'. Id. shall hi1 in the Condition indorsed.

Taken and ;~ckiiomledgc.d the clay and year first above

before me

J. S;.

- - -

- -.

L'u~zdi~iliun t o proseczde.

8

dition of the within-written Recognizance is such, that

~ h m a s one A. B. w;n this day charged before me, J. S., Justice of

the Pence ~vithill-lllentioned, for that, &c. [us in the Caption of the fiepodions,] if therefore, he, the said C. I)., shall appear at the next Court of O p r and Termincr, or ~;eneral Gaol Dblivery, [or as the

case lnay be] to be holderl in mld fbr in the Province

South Australia, and there prefer, or cause to he referr red, a Bill

of Indictlncrlt for the offencc aforesaid against the said h. U. and

also duly prosecute such Indictment, then the said Recogni-

zance t o be wid, or else to stand in full force and virtue.

Conditions to Proseczric and gice Euiclrnce,

The Condition of thc within-written Recognizance

such, that, Whereas, one A. B. was this clay charged before me, J. S., Justice of the Peace within-mentioned, for that, &c. (m in the

Caption of the Depositions) ; if, therefore, he, tlie said C. D., shall

appear a t the next Court of Oyer and Terminer, or General Gaol

Delivery, or as the case may be, to be holden in and for, in the Province of South Australia, and there prefer, or cause t o 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 saici A. B., then the said Recognizance to be void, or else to stand in full force and virtue.

Condition io give Evidence.

The Condition of the within-written Recognizance is sucll

that, Whereas, one A. U. was this day charged before me, J. S., Justice of the Peace within-mentioned, for that, &c. (as i?z the Caption of the Depositions) ; if, therefore, he, the said C. D., shall appear a t the next Court of Oyer and Terminer, or General Gaol Delivery, or as the case may be, to be holden in and for 9 In the Province of South Australia, and there give such evidence as lie knoweth upon a Bill of Indictment to be then and thcre preferred against the said A. B. for the offence aforesaid, as well to the Jurors who shall there inquire of the said offence, as also to tlie 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 liecognizance to be void, or else to stand in full force and virtue.

SCHEDULE 0 2.

Notice of the said Recognizance to be give2 to the Prosecutor a d

his Wit2iesse.s.

SOUTH AUSTRALIA,? Take Notice, that you, C. D., of

TO WIT. are bound in the sum of to appear

at the next Court of (as the cuse may be), in and for , in

the Province of South Australia, to be holden at in the said Province, and. then and there [prosecute and] give ciidence against A. R.: and unless you then appear there, and [prosecute and] give evidence accordingly, the Recognizance entered into bl,	i
you will be forthwith levied on you.	I

Dated this day of 16

SOUTH ALSTRALIA, TO Constablc

TO JTIT. l and to The Keeper of the (House

of Correction) at in the Province of South Anstrdia.

Wlwc:ls, A. B. was lately charged hcfore the

uudcrsignetl, [one] of Her Majesty's Justices of the Peace in and for

the said Proviacc of South Australia, for that, &c. [m in the Sum-

tno:ls fo the Wdl?zcss], and i t having been rnade 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 liiin to he and appear before [me] on

, a t , or befbre such other Justice or Justices

of the Peacc as should then be there, to testify what he should know concerning the saicl cllarge so made against the said A. R., as afore-

s ~ i d; AIId the said E. F. now appearing before [me] or beinv

brought before [me]. by virtnc of a warrant in that behalf, to testily P

as aforesaid), lrath been now es;t,minetI by [me], touching thc pre- ~nises, but being by [me] required to enter into a Kecogniznncc conditioned to give evidence against the said A. B., hat11 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 Corrcction] a t, in the Province aforesaid, and there deliver him to the said Keeper thereof, together with this precept; and T 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 saicl A. B., for the oifkncc aforesaid, unless, in thc meantime, the said E. F. shall duly eriter into such

Recognizance as aforesaid, in the sum of one Justice of the Peace for the saicl Province, conditioned in the pounds, before some

usual form to appear at the next [Court of Oyer and Terminer, and

General Gaol Deliwry, or as the case may be], to be holden in ancl for the said Province, and thcrc to give evidence before the Grand Jury upon any Rill of Indictment wliich may then and there be yre- f w e d against the said A. K. for the offencc aforesaid, ancl also to 61vc n evidence upon the Trial of the said A. B. for the said offence, I t 2 true Bill should be found agaifist him for the same.

Gircn under my IIaild slid Seal this day of

,	in thc year of Our Lord	,	at
,	in thc l'rovincc aforesaid.

J S. (L. S.)

r i.

SCHEDULE P 2.

Subsequunt Order 80 discharge the Witness.

SOUTH AUSTRALIA, TO the Keeper of the (House of Correction) in the Province of

TO WIT. l at South Australia.

Whereas by (my) order dated the

day of (instant), reciting that A. B. was lately before them charged before (me), for a certain offence therein mentioned; and that E. F., having appeared before (me), and being examinedas a witness for the prosecution in that behalf, refused to enter into a Ilecognizance to give evidence against the said A. B., and I, 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 of- fence aforesaid, unless, in the mean-time, he should enter into such recognizance as aforesaid. And whereas, for want of sufficient evi- dence 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 day of

in the year of our Lord at in the Province aforesaid1

J. S. (L. S.)

'"h

SCHEDULE Q 1.

Warrant remanding a Prisoner.

SOUTH AUSTRALIA, TO Constable,

and to the Keeper of the (House of Correc- tion), at Adelaide, in the Province of South

TO WIT. Australia.

Whereas A. B. was this day charged before the un- I

dersigned, [one] of Her Majesty's Justices of the Peace in and for

the said Province for that &C., [as in the warrant t o appt'ehend] ;

and it appears to me to be necessary to remand the said A. B. These arc therefore to command you, the said (Cons table), in Her Majesty's name, forthwith to convey the said A. B. to the [House of Correction] at in the said Province, 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 Cor- rection, and there safely keep him until the

day of instant, when I hereby command you to

have him at at o'clock in the forenoon of the same day before me, or before such other Justice

to answer further to the said charge and to be further dealt with ac-	or Justices of the Peace for the said Province as may then be there,
eording to Law, unless you shall be otherwise ordered in the mean
time.

Given under my hand and seal this day of

in the year of our Lord at in the Province aforesaid.

J. S, (L. S.)

SCHEDULE Q 2.

Recognuance of Bail instend of Remand oa an adjourwmzt of

Examination.

souTzr AUSTRALIA, Re i t remembered, that on the day of

TO WIT. l , in the year of Onr

Lord , A. B., of , Labourer; I,. h1 ., of

, Grocer, and N. O., of , Butcher, per-

sonally came betbre me, one of Her Majesty's Justices of the Peacc for the said Province, and severally acknowledged thelmselves to owe to Our Lady thc Queen, thc several Sums following: that is to say, the said A. B., the sum of; and the said L. RI. and N. O., the sum of each, 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., fail in t i e condition indorsed.

Taken and acknowledged the day and year first above-

mentioned at , before me

Condition.

The Condition of thc within-written Recognizance is such,

that, Whereas, the within bounden A. B. was this day [or on

last past] cllarged before me for that, &c. (ns in the wat'.

rant] : and, Whereas, the examination of the witricsscs for the pro-

secution in this behalf is adjourned until the day of

instant; if, thercfore, the said A. B. shall appear

before me on the said day of instant, at

o'clock in the forenoon, or before such other Justice or Justices of the Peace for the said Province, as Inay then be there, t o answer [further] to the said Charge, and to be further dealt wit11 according to Law, then the said Rccognizaricc to be void, or else t o

stand in f ~ d l force and virtue.

SCHEDULE Q 3.

SOUTH AUSTRALIA,^ Take Xotice, that you, A. B., of

10 WIT. j are bound in tllc sum of , and your

sureties, L. RI. and N. O., in the sum of each, that SOU, A B., appear before me, J. S., one of Her Majesty's Justices

of the Peace for the Province of South Australia, on y

day of instant, at o'clock

1 :!ethe forenoon, at, or before such 0 t h Justicc or

I Justices of the Peace for the said Province, as may then be there,

to answer further to the cllarge nlncte against you by C. D., and to br further dealt with according to Law; and unless you, A. B.,

personally appear accordingly, the Recognizances entered into by

and sureties will be forthwith levied on you and them.

I

Dated, this day of , 18

I hereby certifSi that the said A. B. hath not. appeared at

the time and place in the above condition n~entioned, but therein

]lath made default, by reason whereof the within-written Recog-

nizance is forfeited.

J. S.

I

SCHEDULE S I.

Recognizance of Boil.

SOUTH AUSTRALIA, Be i t Remembered, that on the

TO WIT. ] day of , in the year of Our Lord

, A. B., of , Labourer, S. M. of 7

Grocer, arid N. 0. of, Butcher, personally came before [us], the undersigned, (two) of Her Majesty's Justices

of the Peace for the Province of South Australia, and severally

acknowledged to owe to Our Lady the Queen the several sums following: [that is to say] the said A, B., the sum of j and the said L. M. and N. O., the sum of each, 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., fail in the condition indorsed.

Taken and acknowledged, the day and year first above-

mentioned at , before us

Condition in Ordinary Cases.

Th'e Condition of the within-written Recognizance is

such, that, Whereas, the said A. B. was this day charged before

[US], the Justices within-mentioned, for that, &c. [m in the w a r m ~ t t ];

if, therefore, the said A. B. will appear at the next .Court of Oyer and Terminer and General Gaol Delivery [or as the case may be], to be holden in and for the Pro~ince of South Australia, and there surrender himself into the custody of the Keeper of the [Common Gaol] there, and plead to such Indictment as may be found against him by the Grand Jury, for or in respect of the charge afore- said, and take his Trial upon the same, and not depart the said Court without leave, then the said Recognizance to be void, or else to stand in full force and virtue.

The Condition of the within-written Recognizance is such,

that, Whereas, the said A. B. was this day charged before [me],

the Justice within-mentioned, for that, &c. [as in the rmrrant or s ~ l l z m o u ~ ]; il, therefore, the said A. R. will appear a t the next Court of (as the case may be) to be holden in and Ibr the Province of South Australia, and there plead to such Iridictment ss may be found

, against him by thc Grand Jury, for or in respect of tlic charge I aforesaid, and shall afterwards a t the then next Court of, [as the case

P may be] surrender himself into the Custody of the Keeper of the

[House of Correction] there, and tdke his Trial upon the said Indictment, and not depart the said Court without leave, then the

( said liccognizance to be void, or else to stand in full force and

Notice of the said Rec~~dscrnue to be given t o the Accused and

his ljail.

Take Notice, that you A. B. of , are bound

in the Sum of and your [Sureties L. M. and N. 0.1

in the Sum of each, that you A. B. appear, &c.

[as M the Condition of thr fieco,n?~iznnec,] and not depart the said

Court without leave: And unless you, the said A. B., personally appear and plead, and take your Trial accordingly, the Recognizance

entered into by you and your Sureties, shall be forthwith levied on

You and them.

Dated this day of 18

I hereby certify, that I consent to tljc wiilrin-rrmliert A. H

being bailed by Recognizance, himself in ; i i~rl (Trio'

Sureties in each.

Whereas A. B. was on the conlmj t ted

by me t o the (I-Iouse of Correction) a t charged

vith, &c. (nnaing the qfeme s/zorl!r/.)

1 hereby certify, that I consent t o the said A. B. bring h i l d

by Recognizance, himself in , and [ T w o ] Suretie:

i n each

Dated the day of 13

J. S. ( l, . S.)

J. Pi. (L. S.)

Warrant of &omm%-

sours AUSTRALIA, Constable, and to th, Keeper of the [House of Correction at in the Province d South Australia.

. !TO WIT.	1
Whereas A. B., was this day charged before me

J. S. one of Her Majesty's Justices of the Peace in and for the. sail

Province of South Australia, on the Oath of C. D. of

Farmer and others, for that &c. [stating shortly the 0flence.l Thes,

are therefore to command you the said to take th,

said A. B. and him safely to convey to the [House of Correction] p

aforesaid, and there to deliver him to the Keepe

thereof, together with this Precept: And I do hereby command yo

the said Keeper of the said [House. of Correction,] to receive th

said A. B. into your Custody, in the said [House of Correction] a11

there safely keep him until he shall be thence delivered by du

course of Law.

Given under my hand and seal, this day of

in the year of our Lord at in the Provinc

J. S (L. S.)

SCHEDULE T 2.

Gaolor's Receipt to the Constable for the Aisoner

I hereby certify, that I have received from W. T-

the Body of A. B. together with a Warrant under the hand and ' of J. S. Esquire, One of Her Majesty's Justices of the Peace for l'rovince of South Australia, and that the said A. B. was, [sober.

as the ease may be] at the time he was so delivered into ~ 1 1 s ~ '

P. K.

Keeper of the House of Correction, or

[Common Gaol,] at