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fault; (or) And whereas, the said C. D., having appeared before us,
No. 3. at the time and place aforesaid, specified for that purpose, hath not Act of Parl. submitted to be examined as a witness, and give his, or her evidence
6 Geo. 4, before us, touching the matter of the said complaint, but hath re
c. 129, fused so to do; therefore, we, the said Justices, do hereby, in pur- extended by suance of the said statute, commit the said C. D. to the describing 3 Vic. c. 1. the prison), there to remain, without bail or mainprize, for his or her contempt aforesaid, for three calendar months, or until he or she shall submit himself or herself to be examined, and give his or her evidence before us, touching the matter of the said complaint, or shall otherwise be discharged by due course of law; and you, the (constable or other peace officer or officers, to whom the warrant is directed), are hereby authorized and required to take into your custody the body of the said C. D., and him, or her, safely to convey to the said prison, and him or her there to deliver to the gaoler, or keeper thereof, who is hereby authorized and required to receive into his custody, the body of the said C. D., and him or her safely to detain and keep, pursuant to this commitment. Given under our hands, this
day of in the year of our Lord
[This commitment to be directed to the proper peace officer, and the gaoler or keeper of the prison.]
SUMMARY REMEDY IN CASE OF OCCUPATION OF
LAND WITHOUT TITLE. No. 4.-3 Vic. ch. 2. An Act to provide a summary remedy against No. 4. the Occupation of Land, by Persons having no Title to the same.
Act 3 Vic.
c. 2. (21st June, 1839.) THEREAS, sundry lands within these Your Majesty's Turks PREAMBLE.
and Caicos Islands have been, and still are, occasionally occupied, and used by persons having no claim or pretence of title to, or right of occupation in the same, and it is necessary
provision be made for the prevention of such encroachments; May it, Summary ju&c., That the Stipendiary Justices of the Peace within the said risdiction to islands, shall, in manner hereinafter mentioned, exercise a summary
by Stipendiary jurisdiction for the removal of all persons who have so taken, or
Justices. shall take possession of any lands, from the lands * of which they may so have taken, or shall take possession in such islands respectively, subject, nevertheless, to the provisions hereinafter mentioned.
II. That for the purposes and within the meaning of this Act, the words “ Stipendiary Justice” shall be construed, and understood to comprise such Justices only as being in the receipt of stipends, assigned for their maintenance, as such Justices shall be named, in any commission issued, or hereafter to be issued, in the name and on behalf of Her Majesty, appointing them to act as Stipendiary Justices for these islands or for any town, island, district within the same.
III. That it shall be lawful for every such Stipendiary Justice
* The words in italics were originally omitted.
See 2nd sec, 3 Vic. c. 37.
of the Peace to receive any information which may be laid before Act 3 Vic. him upon oath, charging any person or persons with having, with
out probable claim or pretence of title, entered upon, or taken Stipendiary
possession of any lands in any of these islands : Provided, That if Justices may
the lands mentioned or referred to in any such information, shall receive infor- belong to, or be vested in Her Majesty, her heirs or successors, mation of any
such information shall be preferred by the Surveyor-General of the
colony, or by some person acting under his authority and on his session of land.
behalf, but if the lands mentioned or referred to in any information shall belong to, or be vested in any body politic or corporate, or in any person or persons other than Her Majesty, her heirs or successors, such information shall be preferred by the owner or owners of such lands, or by some person or persons, who, as general or special agent, attorney, trustee, or otherwise, may be authorized to represent, and to act for and on behalf of such owner or owners, or by some person or persons who may be authorized by the Justices
of the Supreme Court of the colony, to prefer such information. Stipendiary IV. That every Stipendiary Justice before whom any such inJustices to formation shall be preferred, shall issue his summons for the appearissue summons
ance before him of the party or parties alleged to have so illegally for the appear entered upon or taken possession of such land, and of any other
person or persons whom it may be necessary or proper to examine
as a witness or witnesses, on the hearing of any such information, and How to proceed shall proceed in a summary way, in the presence of the parties, or when they do in case of the wilful absence of any person, against whom any such
information shall have been laid, then, in his absence, to hear and determine such information; and in case, on the hearing thereof, it shall be made to appear, by sufficient evidence, to the satisfaction of such Justice, that the party or parties against whom the same shall have been laid, hath, or have entered upon, or taken possession of the land mentioned or referred to in such information without any probable claim or pretence of title, then such Justice is hereby authorized and required to make an order, directing such
party or parties, to deliver up to Her Majesty, her heirs, or sucOffenders, how cessors, or other, the owner or owners of such lands, or persons dealt with.
preferring the information, as the case may be, to be named in such order, peaceable possession of such lands, together with all crops
growing thereon, and all buildings, or other immovable property, Persons not upon and affixed to, the said lands; and in case the party or parties giving up against whom any such order shall have been made, shall not lands, &c., how within a fortnight after service thereof, deliver up possession of dealt with.
the said lands and premises, pursuant to the said order, then, and in such case, it shall be lawful for such Justice to adjudge such party or parties to be imprisoned, with or without hard labour, for any time not exceeding fourteen days; and to make a further order for the immediate delivery over of the possession of such land and premises to Her Majesty, her heirs or successors, or other the body politic or corporate, or person or persons, whom such Justice may have found to be entitled to the possession thereof, and who shall be named in such further order; and the President shall thereupon cause possession thereof to be delivered to Her Majesty, her heirs or successors, or to such body politic or
corporate, or person or persons accordingly. Proviso in case V. That no such order for the delivery up of possession of any of five years' such lands shall be made by any such Justice as aforesaid, if it
No. 4. shall appear to such Justice that the party or parties against whom any such order is sought hath or have been, by himself or them- Act 3 Vic. selves, or by those under whom he or they claim title, in the quiet possession of the land mentioned or referred to in any such inform
quiet possess ation for five years* next before the date thereof, or that such
sion. party or parties hath or have any probable claim or pretence of lawful right to such lands, or to the occupation thereof.
VI. That, for the purpose of any such order, to be made by any The adjudicasuch Justice, as aforesaid, the adjudication of such Justice shall be tion of Stipen
diary Justices conclusive as to the title of the person to whom delivery of the said
to be conclusive lands and premises may be directed to be made ; but nothing herein as to title. contained shall extend to take away or abridge the jurisdiction by law vested in the Superior Court of Civil Justice of the Colony, in taking cognizance of, and adjudicating upon, titles to land ; and Not, however, any person against whom any such order, as aforesaid, may have to prevent par
ties affected by been made, may, notwithstanding such order, proceed by the or
such adjudidinary course of law to recover possession of such lands, in case he cation from shall be able to establish a title thereto, and may also, in such case, trying their recover a reasonable compensation for the damage he may have right in Supe
rior Courts. sustained by reason of his having been compelled to deliver up possession of the said premises; and in the like manner, in case of the dismissal of any such information, the party having preferred the same may proceed before the ordinary tribunals, as if no such information had been preferred.
VII. Provided always, That in case any such information shall In cases of be dismissed, it shall be lawful for the said Justice, if he shall think dismissal of
information. fit, to order the person by whom the same may have been preferred, whether such information may have been preferred by the SurveyorGeneral or by any other person, to pay to the party or parties, against whom the same may have been preferred, such sum as the said Justices may consider to be the amount of costs fairly incurred by such party or parties by reason of such information so dismissed : and the payment of such costs may be enforced in the
How payment same way as the payment of other debts may be enforced within is to be enthese islands.
torced. VIII. And for securing method and accuracy in the execution, The President by the Stipendiary Justices, of the jurisdiction hereby vested in to order forms them; Be it, &c., That the President shall cause to be prepared
to be prepared. forms of the proceedings to be observed in lodging complaints ; in issuing summonses ; in the citation of witnesses ; in the making orders; and generally for the complete carrying into execution of the powers hereby vested in the Stipendiary Justices; which forms shall be submitted by such President to the Chief Justice ; and, having been approved of by such Chief Justice, the same shall be observed in all proceedings before the said Stipendiary Justices.
IX. That all such forms of proceedings shall, from time to time, Forms may be be revised, repealed, or amended, by the authority and in the man- revised, &c. ner aforesaid, as occasion may require.
X. That no order made by any Stipendiary Justice, in the execution of the jurisdiction so vested in him, shall be liable to be reversed, set aside, appealed from, or questioned by any Court of Justice in the Colony; but the same shall, to all intents and purposes, be binding, final, and conclusive; subject, nevertheless, to
* Altered to one year by 3 Vic. c. 37.
No. 4. the rights of the parties to proceed, as hereinbefore mentioned, Act 3 Vic. before the ordinary tribunals of the colony.
XI. That for all acts done by any Stipendiary Justice in the
exercise of the jurisdiction hereby vested in him, such Justice shall Stipendiary Justices enti
have and be entitled to the same protection and indemnity as, by tled to same any law in force in the Colony, any Magistrate is entitled to claim protection as or to have in respect of any act done by him in execution of the other Justices.
powers vested by law in him. Who to be XII. That for the purposes and within the meaning of this Act, deemed the
the officer lawfully administering the Government of the Colony President.
shall be deemed, and taken to be, the President thereof.
XIII. Repeals 4 Wm. 4, ch. 37.
No. 5. Act 3 Vic.
The 1st section of original Act explained.
No. 5.--3 Vic. ch. 37. An Act to amend an Act, entitled “ An Ad
to provide a summary remedy against the occupation of Land by Persons having no title to the same.” (February 20th,
1840.) I. This section, which protected persons being in possession of land for one year from being ejected by summary process, is altered by 7 Vic. c. 13, post, No. 6.
II. And whereas, in framing the first section of the Act to which this Act is an amendment, certain words were omitted, the omission of which has rendered the meaning of the said section obscure; for remedy whereof, Be it, &c., That from and after the passing of the Act, the said first section of the Act, to which this Act is an amendment, shall be construed in the same and in the like manner as if the said first section had been and was worded as follows, that is to say : “That the Stipendiary Justice of the Peace, within the said islands, shall, in manner hereinafter mentioned, exercise a summary jurisdiction for the removal of all persons, who have so taken or shall take possession of any lands, from the lands of which they may so have taken, or shall take, possession in such islands respectively, subject, nevertheless, to the provisions hereinafter mentioned.”
No. 6. No. 6.—-7 Vic. ch. 13. An Act to amend an Act, entitled “ An Act Act 7 Vic.
to amend an Act entitled an Act to provide a summary remedy c. 13.
against the Occupation of Land by Persons having no title to the
same." (7th February, 1844.) HEREAS, in and by the first section of an Act passed in the an Act entitled · An Act to provide a summary remedy against the Occupation of Land by Persons having no title to the same, it is enacted, That from and after the first day of September next after the passing of the said Act it shall not be lawful for any Stipendiary Justice of the Peace to make any order under the Act to which
the said Act is an amendment, for the delivering up of the possesPersons un- sion of any lands whatsoever, if it shall appear to such Justice that lawfully intrud- the party or parties against whom any such order is sought hath or ing on land may by sum
have been by himself or themselves, or by those under whom he or
they claim title in quiet possession of the land in respect of which No. 7. such order is sought for one year next before the date of the in- Act 7 Vic. formation lodged before him by the party or parties claiming right or title thereto. And whereas, the period thus limited has been found to be too short; May it, &c., That the period named in the be ejected, if said first section of the said hereinbefore in part recited Act of the not an occuthird year of Her Majesty's reign, shall be extended from the period pant of upof one to the period of two years.
wards of two
No. 7.-8 Vic. ch. 46. An Act to amend an Act entitled “ An Act No. 7.
to provide a summary remedy against the Occupation of Land Act 8 Vic.
by Persons having no title to the same.” (14th May, 1845.) WHEREAS, in and by the fourth section of an Act passed in the PREAMBLE.
third year of Her Majesty's reign, entitled “ An Act to provide a summary remedy against the Occupation of Land by Persons having no title to the same," it is amongst other things enacted, that in case the party or parties against whom any order shall be made under the said Act for the delivering up the possession of any lands, shall not within a fortnight after the service of such order deliver up possession of the lands in respect of which such order was made, that it shall be lawful for the Justice making the order to adjudge the party or parties disobeying the same to be imprisoned with or without hard labour for any time not exceeding fourteen days, but no provision is made for the punishment of a party or parties, who, having complied with any such order, shall nevertheless after having so complied again take possession of the same land; for remedy whereof, May it, &c., That if any party or parties Penalty on against whom an order shall have been made by any Stipendiary persons reposJustice of the Peace under the authority of the Act to which this sessing them. Act is an amendment, requiring him, her, or them, to deliver to any from which other party or parties peaceable possession of any land or lands, they have been shall after having obeyed such order, again take possession of the dispossessed same land or lands, in respect of which such order had originally by the order of been made or any part thereof, it shall be lawful for the Justice by
a Stipendiary whom such original order was made, or for any other Stipendiary Justice of the Peace, to adjudge the party or parties so offending, to be imprisoned, with or without hard labour, in any lawful place of confinement within these islands, for any term not exceeding one calendar month, and to make a further order for the immediate delivery of the possession of such land to the party or parties entitled thereto; and for every repetition of such offence, the party or parties offending shall be liable to be punished in the same and the like manner.
VAGRANCY. No. 8.-3 Vic, ch. 3. An Act for the better Suppression of Vagrancy, No. 8.
and for the Punishment of Idle and Disorderly Persons, and Act 3 Vic.
Rogues, Vagabonds, and other Vagrants. (21st June, 1839.) HEREAS, it is necessary that further provisions should be PREAMBLE.
made for the suppression of vagrancy, and for the punishment of idle and disorderly persons, and rogues, vagabonds, and other