77
there and prosecute and give evidence accordingly, the recognizance entered into by you will be forthwith levied on you.
Dated this
day of
(Signed.)
FORM No. 73.
19
Magistrate.
[s. 78.]
Commitment of witness for refusing to enter into the recognizance.
HONG KONG
IN THE POLICE COURT AT
To each and all of the constables of the said Colony and to the Superintendent of Prisons in the said Colony.
Whereas C.D., was lately charged bfeore the undersigned, a magis- trate of the said Colony, for that [etc., 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 the
day of 19
at
•
or before such other magistrate as should then be there, to testify what he should know concerning the said charge so made against the said C.D. as aforesaid; and the said E.F. now ap- pearing before me [or being brought before me by virtue of a warrant in that behalf] to testify as aforesaid has now been examined by me touching the premises, but being by me required to enter into a recognizance conditioned to give evidence against the said C.D., has now refused so to do: These are, therefore, to command you, the said constables, to take the said E.F. and him safely to convey to a prison and there deliver him to the said Superintendent, together with this precept and you, the said Superintendent, to receive the said E.F. into your custody in a prison and there to imprison and safely keep him until after the trial of the said C.D. for the offence aforesaid, unless in the meantime the said E.F. shall duly enter into such recognizance as aforesaid in the sum of
before a magistrate of
the said Colony, conditioned in the usual form, to appear at the next criminal session of the Supreme Court [or as the case may be] and there to give evidence on the trial of the said C.D. for the said offence, if an indictment should be filed against him for the same.
Dated this
[L.S.]
day of
19
(Signed.)
Magistrate.
HONG KONG.
19
FORM NO 74.
Subsequent order to discharge the witness.
IN THE POLICE COURT AT
To the Superintendent of Prisons in the said Colony.
Whereas by my order, dated the
day of
[s. 78.]
reciting that C.D. was lately charged before me for a certain oirence mentioned, and 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 C.D., and I therefore thereby committed the said E.F. to your custody and re- quired you safely to keep him until after the trial of the said C.D. 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 C.D., the said C.D. has not been committed or holden to bail for the said offence, but on the contrary has since been 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 Superintendent, to discharge the said E.F. out of your custody as to the said commitment, and suffer him to go at large.
Dated this
day of
19
[L.S.]
(Signed.)
Magistrate.
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