66 c. 131. Procedure chant sea 54. All offences which, by the act 8 Vic. c. 112-the act 8 16 & 17 Vic. and 9 Vic. c. 116-" The mercantile marine act, 1850" [13 British stat. and 14 Vic. c. 93]-" The mercantile marine amendment act, 1853. 1851" [14 and 15 Vic. c. 96]—" The river navigation act, 1851" [14 and 15 Vic. c. 79]" The seamen's fund winding up in Scotland act, 1851" [14 and 15 Vic. c. 102]-or this act, are described as under mermisdemeanors, or are made punishable by imprisonment for men's acts. periods exceeding six months, may, in Scotland, be prosecuted by indictment or criminal letters, at the instance of her majesty's advocate, before the high court of justiciary, or by criminal libel, at the instance of the procurator-fiscal of the county, before the sheriff, and shall be punishable with fine and with imprisonment, with or without hard labour, or with both, as the court may think fit; and such court may also, if it think fit, order payment by the offender of the costs and expenses of the prosecution: Provided always, That nothing herein contained shall be held or construed to extend to the prosecution of offences punishable by transportation. rules appli 68. Such of the general provisions, with respect to procedure General and penalties contained in the said last before-mentioned acts, cable to as are not inconsistent with the special rules in this act, laid SCOTLAND. down for the conduct of legal proceedings and the recovery of penalties in Scotland, shall, so far as the same are applicable, extend to such last-mentioned proceedings and penalties. 17 Vic. c. 2.] For the warehousing of goods imported into this 17 Vic. c. 2. island, and for the prevention of smuggling and for other purposes. ISLD. [December 1, 1853.] Island Act. 1853. c. 107. 17 Vic. c. 2, sec. 12.] So much of the imperial act, 16 and 17 16 & 17 Vic. Vic. c. 107 (ante), as relates to the regulation of British pos- British stat. sessions, shall be, and is hereby declared to be, in force in this in force in island. Jamaica. and for coverable. 28. All duties, penalties, and forfeitures, incurred under, or Penalties imposed by this or any other act, relating to the customs, and fitures, the liability to forfeiture of any goods seized under the authority how rethereof, shall and may be sued for, prosecuted, determined, and recovered, by action of debt, information, or other appropriate proceeding in any court of law or equity, or in the court of vice-admiralty of this island, in the name of her majesty's attorney-general, or of some officers of customs. 35 CAR. II. c. 4. Island Act. 1683. By whom justices' warrants shall be executed on the water. II. INFORMATIONS—WARRANTS. 35 CAROL. II. c. 4.] For ordinary boats and wherries and better government of seamen. ISLD. [1683.] 35 Car. II. c. 4, sec. 7.] Whereas many times disputes have risen at Port Royal, about executing the warrants of justices of the peace upon the water which is within the body of the said precinct: It is therefore enacted, That all such warrants given by justices of the peace, against any person or persons on board any ship or vessel, be directed to the provost-marshal, or his lawful deputy, or any of the constables of the place, according to the tenor of the said warrant, who are hereby required and empowered to execute the said warrant, and to receive for the same three shillings. 13 Vic. c. 24. Island Act. 1850. Preamble. offences a 13 VIC. c. 24.] An Act to facilitate the performance of the duties of justices of the peace out of sessions, within this island, with respect to persons charged with indictable offences. (a) ISLD. [1st February, 1850.] 13 Vic. c. 24, sec. 1.] Whereas it would conduce much to the improvement of the administration of criminal justice, within this island, if the several acts relating to the duties of her majesty's justices of the peace therein, with respect to persons charged with indictable offences, were consolidated, with such additions and alterations as may be deemed necessary; and that such duties should be clearly defined by positive enactment: Be it therefore enacted, (b) That in all cases where a charge or complaint (A) shall be made before any one or more of her majesty's justices of the peace for any parish within this island, that any a warrant or person has committed, or is suspected to have committed, any treason, felony, or indictable misdemeanor, or other indictable charged offence whatsoever within the limits of the jurisdiction of such therewith to justice or justices of the peace, or that any person guilty, or before him. suspected to be guilty, of having committed any such crime or offence elsewhere, out of the jurisdiction of such justice or justices, is residing, or being, or is suspected to reside, or be within For what justice of the peace may grant a summons to cause a person be brought (a) Sec. 23 of this act repeals 5 Vic. c. 38, and so much of 8 Geo. IV. c. 22 as relates to bail in cases of felony, and to examinations and informations, and finding parties to prosecute. And also all other acts, or parts of acts, inconsistent with the provisions of this act, save so much thereof as repeals other acts or parts of acts. (b) See SCHEDULES, p. 185-188. Island Act. 1850. cases the moned issuing a instance. the limits of the jurisdiction of such justice or justices then, and 13 Vic c.24. in every such case, if the person so charged, or complained against, shall not then be in custody, it shall be lawful for such justice or justices of the peace to issue his or their warrant (B) to apprehend such person, and to cause him to be brought before such justice or justices of the peace, or any other justice or justices for the same parish, to answer to such charge or complaint, and to be further dealt with according to law: Pro- In what vided always, That in all cases it shall be lawful for such justice party may or justices, to whom such charge or complaint shall be preferred, be sumif he or they shall so think fit, instead of issuing, in the first instead of instance, his or their warrant to apprehend the person so charged warrant in or complained against, to issue his or their summons (C), directed the first to such person requiring him to appear before the said justice or justices at a time and place to be therein mentioned, or before such other justice or justices of the said parish as may then be there; and if, after being served with such summons, in manner hereinafter mentioned, he shall fail to appear at such time and place in obedience to such summons, then, and in every such If the sumcase, the said justice or justices, or any other justice or justices obeyed, then of the peace for the said parish, may issue his or their warrant (D), to apprehend such person so charged or complained issued. against, and cause such persons to be brought before him or them, or before some other justice or justices of the peace for the said parish, to answer the said charge or complaint, and to be further dealt with according to law: Provided nevertheless, Proviso. That nothing herein contained shall prevent any justice or justices of the peace from issuing the warrant herein before first mentioned, at any time before or after the time mentioned in such summons for the appearance of the said accused party. mons be not a warrant may be charge is warant is tion, &c., on laid before instead, in &c., not 5. In all cases where a charge or complaint for any indictable When offence shall be made before such justice or justices, as aforesaid, made, if a if it be intended to issue a warrant in the first instance against to be issued, the party or parties so charged, an information and complaint informa thereof (A) in writing, on the oath or affirmation of the inform-eath to be ant, or of some witness or witnesses in that behalf, shall be laid justices. before such justice or justices: Provided always, That in all If summons cases where it is intended to issue a summons instead of a war- to be issued rant, in the first instance, it shall not be necessary that such formation, information and complaint shall be in writing, or be sworn to, necessary to or affirmed, in manner aforesaid, but in every such case such be on oath. information and complaint, may be by parole merely, and without any oath or affirmation whatsoever to support or substantiate the same: Provided also, that no objection shall be taken or No objec allowed to any such information or complaint, for any alleged for alleged defect therein in substance, or in forin, or for any variance defect in between it and the evidence adduced on the part of the prosecution before the justice or justices who shall take the examination of the witnesses in that behalf, as hereinafter mentioned. tion allowed form. 13 VIC. c. 24. Island Act. 1850. Upon com receiving the same may issue summons or appearance of person charged. How summons to be served. 6. Upon such information and complaint being so laid as aforesaid, the justice or justices receiving the same, may, if he or they shall think fit, issue his or their summons, or warrant, Dinn og respectively, as hereinbefore is directed, to cause the person laid, justices charged as aforesaid to be and appear before him or them, or any other justice or justices of the peace for the said parish, to be dealt with according to law; and every such summons (C) warrant for shall be directed to the party so charged in and by such information, and shall state shortly the matter of such information, and shall require the party to whom it is so directed to be and appear 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 said parish as may then be there, to answer to the said charge, and to be further dealt with according to law; and every such summons shall be served by a constable or other peace officer upon the person to whom it is so directed, by delivering the same to the person personally, or, if he cannot be conveniently met with, then by leaving the same with some person for him at his last or most usual place of abode; and the constable or other peace officer who shall have served the same in manner aforesaid, shall attend at the time and place, and before the justices in the said summons mentioned, to depose, if necessary, to the service of such summons; and if the person so served shall not be and appear before the justice or justices at the time and place mentioned in such summons, in appear, jus- obedience to the same, then it shall be lawful for such justice or justices to issue his or their warrant (D) for apprehending the party so summoned, and bringing him before such justice or justices, or some other justice or justices of the peace for the said parish, to answer the charge in the said information and complaint mentioned, and to be further dealt with according to law. Provided always, That no objection shall be taken or allowed to for alleged any such summons or warrant for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution, before the justice or justices who shall take the examination of the witnesses in that behalf, as hereinafter mentioned; but if any such variance shall appear to such justice or justices to be such, that the party charged has been thereby deceived or misled, it shall be lawful for such justice or justices, at the request of the party so charged, to adjourn the hearing of the case to some future day, and in the meantime to remand the party so charged, or admit him to bail in manner hereinafter mentioned. If party summoned do not tice may issue a warrant to compel attendance. No objec tion allowed defect in form, &c. apprehend the justice. Warrant to 7. Every warrant (D) hereafter to be issued by any justice or to be under justices of the peace to apprehend any person charged with any the band of indictable offence, shall be under the hand or hands of the justice or justices issuing the same, and may be directed either to any constable or other person by name or generally to the constable of the parish within which the same is to be executed without Island Act. 1850. directed, whom. naming him, or to such constable and all other constables or 13 Vic. c 24. peace officers in the parish within which the justice or justices issuing such warrant has or have jurisdiction, or generally to all the constables or peace officers within such last mentioned How to be parish; and it shall state shortly the offence on which it is and to founded, and shall name or otherwise describe the offender; and it shall order the person or persons to whom it is directed to apprehend the offender and bring him before the justice or justices of the peace issuing the said warrant, or before some other justice or justices of the peace for the said parish, to answer the charge contained in the said information, and to be further dealt with according to law. adjoining for one residing in justice, &c., 4. In cases where a justice of the peace for any parish in this Justices for island shall be also a justice of the peace for any other parish in parishes the said island, it shall and may be lawful for such justice of may act the peace to act as such justice for the one parish, whilst he is parish while residing or happens to be in the other [cf] such parish, in another. all matters and things hereinbefore or hereafter in this act mentioned; and all such acts of such justice, and the acts of All acts of any constable or other officer in obedience thereto, shall be as to be valid. valid, good, and effectual in the law to all intents and purposes, as if such justice, at the time he shall so act as aforesaid were in the parish for which he shall so act; and all constables, and other cfficers for the parish for which such justice shall so act as aforesaid, are hereby authorized and required to obey the warrants, orders, directions, act, or acts of such justice, which in that behalf shall be granted, given, or done; and to do and perform their several offices and duties in respect thereof, under the pains and penalties to which any constable or other officer may be liable for a neglect of duty; and any such constable or Constables peace officer, or any other person apprehending, or taking into custody any person offending against law, and whom he lawfully may and ought to apprehend or take into custody, by virtue of his office or otherwise, in any such parish, may lawfully take and convey such person, so apprehended and taken as aforesaid, the adjointo and before any such justice of the peace for such parish, whilst such justice shall be in such other parish as aforesaid, and both. the said constables, and other peace officers, and all such other persons as aforesaid, are hereby authorized and required, in all such cases, so to act in all things as if the said justice of the peace were within the said parish for which he shall so act. apprehending offend ers in one parish may take them before such justice in ing parish if he act as a justice in apprehend a party against whom an 2. Where any indictment shall be found by the grand jury Warrant to in any court of oyer and terminer, or general gaol delivery, or in any court of general or quarter sessions of the peace, against any person who shall then be at large, and whether such person indictment shall have been bound by any recognizance to appear to answer to the same or not, the person who shall act as clerk of the crown at such court of oyer and terminer, or gaol delivery, or is found. |