CO129-109 - Public Offices - 1865 — Page 149

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

96

Therefore you are hereby commanded, in Her Majesty's name, to bring and have the said E.F, before this Court on at [ten o'clock in the forenoon] at [

he shall know concerning the said charge.

to testify what

(Seal.)

97

And you, the keeper of the said prison, to receive the said E.F. into your custody in the said prison, and to keep him there safely for [seven] days, unless he in the meantime "consents to answer duly on oath.

(Scal.)

37.

Warrant for Witness in first Instance.

In Her Britannic Majesty's Court at [Cunton]

[Thursday] the

To X. P.

Court.

A.B. of

day of

18

Police Officer and other officers of this

[labourer] has been charged before this

Court for that [&c, as in summons].

And it appears to this Court that E.F. of

labourer

is likely to give material evidence concerning the said charge, and that it is probable he will not attend to give pelled to do so.

Therefore you are hereby commanded in

bring and have the said E.F.

Saturday next] the

[40 o'clock in the forenoon] at [

kuows concerning the said charge.

day of

evidence unless com-

Her Majesty's name to

before this Court on

18[ ] at

to testify what he

(Seal.)

39.

Depositions of Witnesses on Preliminary Examination before Indictment.

In Her Britannic Majesty's Court at [Canton]

[Thursday] the A.B. of

day of

18

[labourer] stands charged before this Court for that he [c. as in summons].

And in the presence and hearing of the said A.B.

of

[labourer] and E.F. of

depose on oath as follows.

, C.D. [labourer]

First, the said C.D. says as follows :-[state the deposition of the witness as nearly as possible in the very words he uses. When his

deposition is complete let him sign it.]

Secondly, the said E.F. says as follows :-[state his deposition in same manner].

(Seal.)

40.

38.

Warrant of Commitment of Witness for refusing to be sworn or to give Evidence.

In Her Britannic Majesty's Court at [Canton]

[Thursday] the

day of

18

Police officer of this Court, and to the Majesty's] Prison at [

7. [labourer] has been charged before this

To X. F. keeper of [Her Britannic

A.B. of Court for that [&c. as in summons].

And E.F. of

[labourer] now being before this Court

to testify what he knows concerning the said charge in pursuance of

a summons [or warrant] issued by this Court, and being required refuses to take an oath [or having taken an oath, refuses to answer a certain question now put to him concerning the said charge] and does not excuse his refusal to the satisfaction of this Court.

Therefore you are hereby commanded in Her Majesty's name, you

the above-named X. F. to take the said E.F., and convey him safely to the above-named prison, and there deliver him to the keeper thereof, together with this warrant.

Statement of the Accused on Preliminary Examination.

In Her Britannic Majesty's Court at [Canton]

[Thursday] the

A.B. of

day of

18

[labourer] stands charged before this Court for that [c. as in summons].

And the said charge having been read to the said A.B., and C.D. and E.F, witnesses for the prosecution, having been severally examined in his presence and hearing, and their respective deposi- tions having been read over to the said A.B., these words are now said to the said A.B. by this Court, namely

"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, And I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat, that may have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you upon your trial, notwithstanding such pro- mise or threat."

11351.

G

147

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