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No. 3.

Act of Parl.
6 Geo. 4,
c. 129,
extended by

3 Vic. c. 1.

Offenders compelled to give evidence.

Indemnified.

Justices may summon offenders.

warrants may be issued.

offend against this Act, shall and may, equally with all other persons, be called upon and compelled to give his or her testimony and evidence as a witness or witnesses on behalf of His Majesty, or of the prosecutor or informer, upon any information to be made or exhibited under this Act, against any other person or persons, not being such witness or witnesses, as aforesaid; and that, in all such cases, every person, having given his or her testimony or evidence, as aforesaid, shall be and is hereby indemnified of, from, and against, any information to be laid, or prosecution to be commenced, against him or her, for having offended in the matter wherein, or relative to which, he, she, or they shall have given testimony or evidence, as aforesaid.

VII. That on complaint and information on oath, before any one or more Justice or Justices of the Peace, of any offence having been committed against this Act, within his or their respective jurisdictions, and within six calendar months before such complaint or information shall be made, such Justice or Justices are hereby authorized and required to summon the person or persons charged with being an offender or offenders against this Act, to appear before any two such Justices, at a certain time or place to be specified; Not appearing, and if any person or persons so summoned shall not appear, according to such summons, then such Justices (proof on oath having been first made before them of the due service of such summons on such person or persons by delivering the same to him or them personally, or leaving the same at his or their usual place of abode, provided the same shall be so left twenty-four hours, at the least, before the time which shall be appointed to attend the said Justices, upon such summons), shall make and issue their warrant or warrants for apprehending the person or persons so summoned and not appearing, as aforesaid, and bringing him or them, before such Justices; or it shall be lawful for such Justices, if they shall think fit, without issuing any previous summons, and, instead of issuing the same, upon such complaint and information, as aforesaid, to make and issue their warrant or warrants for apprehending the person or persons by such information charged to have offended against this Act, and bringing him or them before such Justices; and upon the person or persons complained against, appearing upon such summons, or being brought by virtue of such warrant or warrants, before such Justices; or upon proof on oath of such person or persons absconding, so that such warrant or warrants cannot be executed, then such Justices shall, and they are hereby authorized and required, forthwith to make inquiry touching the matters complained of, and to examine into the same by the oath or oaths of any one or more credible person or persons, as shall be requisite, and to hear and determine the matter of every such complaint; and upon confession by the party or proof by one or more credible witness or witnesses upon oath, to convict or acquit the party or parties against whom complaint shall have been made, as aforesaid.

On their appear ance or proof of absconding.

Proceedings.

Justices may summon witnesses.

VIII. That it shall be lawful for the Justices of the Peace before whom any such complaint and information shall be made, as aforesaid, and they are hereby authorized and required, at the request, in writing, of any of the parties, to issue his or their summons to any witness or witnesses, to appear and give evidence before such Justices at the time and place appointed for hearing and determining

No. 3.

Act of Parl.
6 Geo. 4,
c. 129,
extended by
3 Vic. c. 1.

such complaint, and which time and place shall be specified in such summons: and if any person or persons so summoned to appear as a witness or witnesses, as aforesaid, shall not appear before such Justices at the time and place specified in such summons, or offer some reasonable excuse for the default, or appearing according to such summons, shall not submit to be examined as a witness or witnesses, and give his or their evidence before such Justices, touching the matter of such complaint, then, and in every such case, it shall be lawful for such Justices, and they are hereby authorized (proof on oath, in the case of any person not appearing according to such summons, having been first made before such Justices of the Peace, of the due service of such summons on every such person, by delivering the same to him, or her, or by leaving the same twenty- Proceeding. four hours before the time appointed for such person to appear before such Justices, at the usual place of abode of such person,) by warrant, under the hands of such Justices, to commit such person or persons, so making default in appearing, or appearing and refusing to give evidence, to some prison within the jurisdiction of such Justices, there to remain, without bail or mainprize, for three calendar months, or until such person or persons shall submit to be examined, and give evidence before such Justices as aforesaid.

IX. That the Justices, before whom any person or persons shall be convicted of any offence against this Act, or by whom any person shall be committed to prison for not appearing as a witness, or not submitting to be examined, shall cause all such convictions, and the warrants or orders for such commitments, to be drawn up in the form or to the effect set forth in the Schedule to this Act annexed.

Convictions to be drawn up according to

form.

X. That the Justices before whom any such conviction shall be Convictions to had shall cause the same (drawn up in the form, or to the effect be filed. herein before directed,) to be fairly written on parchment, and transmitted to the next General Sessions, or General Quarter Sessions of the Peace, to be holden for the county, riding, division, city, liberty, town, or place, wherein such conviction was had, to be filed amongst the records of the said General Sessions, or General Quarter Sessions; and in case any person or persons shall appeal, in manner hereinafter mentioned, from the judgment of the said Justices to the said General Sessions, or General Quarter Sessions, the Justices in such General Sessions, or General Quarter Sessions, are hereby required, upon receiving such conviction, to proceed to the hearing and determination of the matter of the said appeal, according to the directions of this Act.

XI. Relates to proceedings in Scotland. XII. That if any person convicted of any offence or offences, punishable by this Act, shall think himself or herself aggrieved by the judgment of such Justices, before whom he or she shall have been convicted, such person shall have liberty to appeal from every such conviction to the next Court of General Sessions, or General Quarter Sessions of the Peace, which shall be held for the county, riding, division, city, liberty, town or place, wherein such offence was committed: and that the execution of every judgment so appealed from shall be suspended in case the person so convicted shall immediately enter into recognizances before such Justices, (which they are hereby authorized and required to take,) himself in the penal sum of ten pounds, with two sufficient sureties, in the

Persons may appeal to the

General Quar.ter Sessions.

No. 3.

6 Geo. 4, c. 129, extended by

3 Vic. c. 1.

penal sum of ten pounds of lawful money of Great Britain, upon Act of Parl. condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of the said next General Sessions, or General Quarter Sessions, and to pay such. costs as the said Court shall award on such occasion: and the Justices in the said next Court of General Sessions, or General Quarter Sessions, are hereby authorized and required to hear and determine the matter of the said appeal, and to award such costs as to them shall appear just and reasonable, to be paid by either party, which decision shall be final: and if, upon hearing the said appeal, the judgment of the Justices before whom the appellant shall have been convicted shall be affirmed, such appellant shall immediately be committed by the said Court to the common gaol, or house of correction, without bail or mainprize, according to such conviction, and for the space of time therein mentioned.

No master to act as Justice.

XIII. That no Justice of the Peace, being also a master in the particular trade or manufacture in, or concerning which, any offence is charged to have been committed under this Act, shall act as such Justice under this Act.

SCHEDULE TO WHICH THIS ACT REFERS.

FORM OF CONVICTION AND COMMITMENT.

Be it remembered, that on the

day of

in

the
year of His Majesty's reign, and in the year of our
Lord
A. B. is convicted before us (naming the Justices),
two of His Majesty's Justices of the Peace, for the county (or riding,
division, city, liberty, town or place,) of
of having
(stating the offence) contrary to the Act made in the Sixth year of
the reign of King George the Fourth, entitled, “An Act" (here set
forth the title of this Act) and we, the said Justices, do hereby
order and adjudge the said A. B., for the said offence, to be com-
mitted to, and confined in, the common gaol for the said county
(or riding, division, city, liberty, town, or place), for the space of
or to be committed to the house of correction, at
within the said county (or riding, division, city, liberty, town, or
place), there to be kept to hard labour for the space of

Given under our hands, the day and year above written.

FORM OF COMMITMENT OF A PERSON SUMMONED AS A

WITNESS.

Whereas, C. D. hath been duly summoned to appear and give evidence before us (naming the Justices who issued the summons), two of His Majesty's Justices of the Peace for the county (or riding, division, city, liberty, town, or place) of

at

on this

day of
being the time and place appointed for
hearing and determining the complaint made by (the informer [or]
prosecutor) before us, against A. B., of having (stating the offence as
laid in the information), contrary to the Act made in the Sixth year
of the reign of King George the Fourth, entitled, "An Act" (here
insert the title of this Act). And whereas the said C. D. hath not
appeared before us, at the time and place aforesaid specified for
that purpose, or offered any reasonable excuse for his or her de-

fault; (or) And whereas, the said C. D., having appeared before us, at the time and place aforesaid, specified for that purpose, hath not submitted to be examined as a witness, and give his, or her evidence before us, touching the matter of the said complaint, but hath refused so to do; therefore, we, the said Justices, do hereby, in pursuance of the said statute, commit the said C. D. to the (describing 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

in the year of our Lord

day of

[This commitment to be directed to the proper peace officer, and the gaoler or keeper of the prison.]

No. 3. Act of Parl. 6 Geo. 4,

c. 129, extended by 3 Vic. c. 1.

SUMMARY REMEDY IN CASE OF OCCUPATION OF
LAND WITHOUT TITLE.

No. 4.-3 Vic. ch. 2. An Act to provide a summary remedy against
the Occupation of Land, by Persons having no Title to the same.
(21st June, 1839.)

WHE

No. 4.

Act 3 Vic.

c. 2.

Summary ju

risdiction to

HEREAS, 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 that provision be made for the prevention of such encroachments; May it, &c., That the Stipendiary Justices 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.

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, or 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.

be exercised
by Stipendiary
Justices.

T

No. 4.

Act 3 Vic.

c. 2.

Stipendiary Justices may receive information of any unlawful pos

of the Peace to receive any information which may be laid before him upon oath, charging any person or persons with having, without probable claim or pretence of title, entered upon, or taken possession of any lands in any of these islands: Provided, That if the lands mentioned or referred to in any such information, shall belong to, or be vested in Her Majesty, her heirs or successors, such information shall be preferred by the Surveyor-General of the session of land. colony, or by some person acting under his authority and on his 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
Justices to

issue summons

ance of offend

ers.

How to proceed when they do not appear.

IV. That every Stipendiary Justice before whom any such information shall be preferred, shall issue his summons for the appearance 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 shall proceed in a summary way, in the presence of the parties, or 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 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, upon and affixed to, the said lands; and in case the party or parties against whom any such order shall have been made, shall not within a fortnight after service thereof, deliver up possession of 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.

dealt with.

Persons not
giving up
lands, &c., how

dealt with.

Proviso in case of five years'

V. That no such order for the delivery up of possession of any such lands shall be made by any such Justice as aforesaid, if it

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