the express words of the 86th Canon, be suspended by the ordinary. And if any temporal inconvenience arises, as a nuisance from the neglect of interment of a corpse, he is punishable by the temporal courts, either by indictment or information. See Andrews v. Cawthorne, C. P. Willes's Rep. p. 536. Warrant to apprehend for a Misdemeanor, in preventing the Interment of a dead Body. To all constables and others his majesty's peace officers for the county of County of of These are in his majesty's name to command to wit. his majesty's justices of the peace for the said county, the body of to answer all such matters and things as on his majesty's behalf are on oath objected against him for unlawfully arresting, taking, and carrying away day of at the parish of * in by on the the said county, the dead body of then and there being in a certain street called street, in the parish aforesaid, in the said county, with an unlawful and wicked intention to prevent the interment and burial of the said dead body of the said which ought to have been done and performed ac cording to the rites and ceremonies of the church of England, against the peace, &c. These are therefore, &c. For commitment for stealing dead bodies, see title CHURCH YARD, p. 242. Vol. I. * A vulgar notion prevailed for a long time, that it was lawful to arrest the body of a person deceased for a civil debt, due from the party in his lifetime. And it was not until of late years that the notion was in any degree exploded. But it is now clearly ascertained that no such practice is lawful, and that to prevent a body from being interred is an offence against decency, and as such indictable as a misdemeanour, 4 E. R. 465. 2 T. R. 734. JUSTICES OF THE PEACE. No. 1. Certificate of having taken the Sacrament within six Months after Admittance into Office, under 1 Geo. 1. st. 2. c. 13. 2 Geo. 2. c. 31. 9 Geo. 2. c. 26. c. 30. 10 Geo. 2. (To be on a 5s. stamp, which may be procured at any law stationer's.) We the minister and churchwardens of the parish of T. in the county of M. do hereby certify that on Sunday the 22d day of October, in the year of our Lord 1826, in the parish. church of T. aforesaid, immediately after divine service and sermon, W. R. of T. in the county of M. esquire, did receive the sacrament of the Lord's Supper according to the usage of the church of England. Witness our hands and seals the day and year above written. Witness, A. B. C. D. G. H. T. Minister. Churchwardens. N. B. Both the witnesses must attend and swear in open court to having seen the justice take the sacrament, and to the hands-writing of the minister and churchwardens. No. 2. Commitment for insulting a Justice of Peace in the execution of his Office. Whereas being personally present this day, at in the said county, before me W. R. esquire, one of his majesty's justices of the peace in and for the said county, to answer and make his defence to a certain information before me exhibited against him, for [killing certain game without having the qualification for that purpose by law required], and being so personally present before me, hath this day been guilty of divers gross insults and contemptuous behaviour to me the said justice, then being in the actual execution of my office as such justice of the peace as aforesaid, by accusing me of partiality and injustice in the execution of my office, [or, as it may be.] And whereas the said in consequence at of such his insolent and contemptuous behaviour is now here by me the said justice required to find sureties for his good behaviour; that is to say, two sufficient sureties to become bound with him in a recognizance in the sum of 1. each, conditioned for the personal appearance of the said the next general quarter sessions of the peace, to be holden in and for the said county, and that in the mean time he should be of good behaviour; but the said hath refused to find sureties and to become bound in such recognizance as aforesaid: These are therefore to command you the constables of the parish of aforesaid, to convey and deliver the into the custody of the keeper of the common gaol in the said county, together with this my warrant, and I hereby command you the said keeper, to receive the said into your custody in the said county gaol, and him there safely to keep until he find such sureties and enter into such recognizance, or be from thence otherwise delivered by due course of law. Given under my hand and seal, &c. said at No. 3. Commitment by a Justice, on view for insulting him. County of to wit. To the keeper of herewith Receive into your custody the body of sent you by me, W. R. esquire, one of his majesty's justices of the peace in and for the said county, and charged by me the said justice, upon the view of me W. R. esquire, one of his majesty's justices of the peace in and for the said county, for indecent behaviour, by insulting me, and obstructing me in the due execution of my office as a justice of the peace as aforesaid, against the peace, &c. Her therefore safely keep in your said custody for want of sureties, or until she shall be discharged by due course of law, and for so doing, this shall be your sufficient warrant. Given under my hand and seal this day of in the year of our Lord one thousand eight hundred and No. 4. Another form. [Commence and conclude as in the last form.] with violently and impudently misbehaving himself when under examination before me the said justice, and E. R. M. esquire, another of his majesty's justices of the peace for the said county, in talking obscenely and expressing himself with the greatest contempt to us the said justices during the time he was under the said examination before us, against the peace, &c. [Conclude as in the last form]. For warrant to apprehend for a libellous letter to a justice of the peace reflecting on his conduct as a magistrate, see title LIBEL, post. No. 5. Certificate from the examining Magistrate of Expences of a Prosecutor or Witness, attending before him to give Evidence in a case of Felony, under 7 Geo. 4. c. 64.* s. 22. County of to wit. attended These are to certify that before me W. R. one of his majesty's justices of the peace in and for the county of the examining magistrate, to give evidence against A. B. accused of felony, and that I have ascertained that is a reasonable and sufficient sum to reim the sum of burse the said for the expences bona fide incurred by reason of attending before me as aforesaid: And is a proper compensation to the said trouble and loss of time therein, making that the sum of A. B. for * Intituled, "An Act for improving the administration of criminal justice in England." + The prosecutor or witness having this certificate should take it to the court, at which he is bound by recognizance to appear. No. 6. A Table of Fees to be taken by the Clerks to His Majesty's Justices of the Peace for the County of Middlesex, settled by the Court of Quarter Sessions in July 1821, and submitted to the Lords Chief Justices of His Majesty's Courts of King's Bench and Common Pleas, and Lord Chief Baron of His Majesty's Court of Exchequer, for Approbation. For every information or complaint.. For receiving every information upon penal statutes, or complaint in writing where it is tendered ready drawn.. For drawing ditto, if drawn by the clerk and not ex- For every additional folio of seventy-two words... For every warrant to search for stolen goods For the discharge of every warrant (except in felony) For every summons (except to overseers for the relief the poor) For every ditto signed by two magistrates, if necessary 2 For the hearing of every complaint or information upon summons, where the magistrate has jurisdic tion 0 1 6 .... For drawing every conviction, where the form is given by the statute 2 0 For every ditto, where the form is not given by the sta 5 0 tute For every commitment (except in felony and vagrants) 1 0 For the discharge of every person on privy search, or by the watch, for whose apprehension probable cause shall appear. .... For every recognizance for the peace, for good behaviour, or to answer for any misdemeanor at the next session For every recognizance for time beyond the next session For every supersedeas. For every affidavit (except for pensions, half pay, lost duplicates, where the sum lent is under forty shillings, and for charitable purposes 1 0 |