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No. 4. the rights of the parties to proceed, as hereinbefore mentioned, Act 3 Vic. before the ordinary tribunals of the colony. c. 2. XI. That for all acts done by any Stipendiary Justice in the
exercise of the jurisdiction hereby vested in him, such Justice shall Stipendiary
have and be entitled to the same protection and indemnity as, by Justices enti. 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.—3 Vic. ch. 37. An Act to amend an Act, entitled “ An Act
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 hands of which they may so have taken, or shall take, possession in such islands respectively, subject, nevertheless, to the provisions hereinafter mentioned.”
No. 6. Act 7 Vic.
No. 6.-7 Vic, ch. 13. An Act to amend an Act, entitled " An Act
to amend an Act entitled an Act to provide a summary remedy against the Occupation of Land by Persons having no title to the
same.” (7th February, 1844.) W HEREAS, in and by the first section of an Act passed in the
V third year of your Majesty's reign, entitled “ An Act to amend 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 possession of any lands whatsoever, if it shall appear to such Justice that the party or parties against whom any such order is sought hath or have been by himself or themselves, or by those under whom he or
Persons unJawfully intrud ing on land may by sum
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 c. 13. or title thereto. And whereas, the period thus limited has been
mary process 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 paut of upof one to the period of two years.
wards of two years.
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.
C. 46. by Persons having no title to the same.” (14th May, 1845.) W HEREAS, in and by the fourth section of an Act passed in the PREAMBLE.
My 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
selves of lands 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.) c. 3. W 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
No. 8. vagrants; May it, &c., That every person being able wholly, or in Act 3 Vic. part, to maintain himself or herself, or his or her family, by labour, c. 3. or by other means, and wilfully refusing or neglecting so to do, by
- which refusal, or neglect, he or she, or any of his, or her family, Who shall be deemed idle
whom he or she may be legally bound to maintain, shall have beand disorderly come burthensome upon the public funds of this colony ; every persons, common prostitute, wandering in the public streets, or highways,
or in any place of public resort within these islands, and behaving in a riotous or indecent manner; and every person wandering abroad, or placing himself, or herself, in any public place, street, wharf, highway, court, or passage, to beg, or gather alms ; or causing, or procuring, or encouraging any child or children to do so,
shall be deemed an idle and disorderly person, within the true inPunishment of tent and meaning of this Act : and it shall be lawful for any Sti
pendiary Justice of the Peace, to commit such offender, (being thereof convicted before him by his own view, or by the confession of such offender, or by the evidence upon oath of one or more credible witness or witnesses,) to any lawful place of confinement, there, or
on the public streets, or highways, to be kept to hard labour, for Proviso. any time not exceeding fourteen days : Provided, nevertheless, that
no person shall be deemed to be an offender under this Act, by reason of any such begging, or gathering alms, as aforesaid, or by reason of his or her causing, or procuring, or encouraging, any child, or children, so to do, unless it shall be made to appear, to the satisfaction of the Stipendiary Justice before whom he or she shall be charged with such offence, that the offender, by his or her own labour, or by other lawful means, or from any public funds appropri
ated for that purpose, have been provided with the necessaries of life. Who are to be II. That every person committing any of the offences hereindeemed rogues before mentioned, after having been convicted as an idle and disand vaga
orderly person ; every person pretending, or professing, to tell bonds.
fortunes, or using, or pretending to use, any subtle craft, or device, by palmistry, obeah, or any suchlike superstitious means, to deceive, and impose on any of Her Majesty's subjects, or upon any other person ; every person wilfully exposing to view in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibitions; every person wilfully, openly, and obscenely, exposing his, or her person, in any street, public road, or highway, or in view thereof, or in any public place of resort; every person endeavouring to procure charitable contributions, of any nature, or kind, under any false or fraudulent pretence; every person playing, or betting in any street, road, or highway, market, or wharf, or other open and public place, at, or with any table, or instrument of gaming, whatsoever, at any game, or pretended game of chance ; every person having in his or her custody, or possession, any picklock, key, crow, jack-bit, or other implement, with intent, feloniously, to break into any dwelling-house, warehouse, store, shop, office, church, chapel, cellar, coachhouse, stable, or out-building; or being armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon; or having upon him or her, any instrument whatsoever, with intent to commit any felonious act; every person being found in or upon any dwelling-house, warehouse, store, shop, office, church, chapel, cellar, coachhouse, stable, or outhouse, or in any enclosed yard, garden, orchard, plantation, or farm, for any felonious purpose; every-suspected person, or reputed thief, frequenting any wharf, or any warehouse, near or adjoining thereto, or any street, No. 8. highway, or avenue, leading thereto, or any public auction, or sale, or Act 3 Vic. other place of public resort, or any avenue leading thereto, or any c. 3. street, highway, or place adjacent, with intent to commit felony ; * and every person apprehended as an idle and disorderly person, and violently resisting any constable, or other peace officer, so apprehending him, or her, and being subsequently convicted of the offence for which he, or she, shall have been so apprehended, shall be deemed a rogue and a vagabond within the true intent and meaning of this Act. And it shall be lawful for any Stipendiary Justice of the Peace, to commit such offender (being thereof con- Punishment. victed before him, on his own view, or by the confession of such offender, or by the evidence, on oath, of one, or more, credible witness, or witnesses,) to any lawful place of confinement, as aforesaid, there, or on the public streets, roads, or highways, to be kept to hard labour, for any time not exceeding twenty-eight days; and every such pick-lock, key, crow,jack-bit, and other implement, and every such gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon; and every such instrument, as aforesaid, shall, by the conviction of the offender, become forfeited to Her Majesty, and shall be forthwith sold, and the proceeds thereof, applied towards the expenses of the government of this colony.
III. That every person breaking, or escaping out of any place of Who shall be legal confinement, before the expiration of the term for which he, deemed incoror she, shall have been committed, or ordered to be confined, by rigible rogues. virtue of this Act; every person committing any offence against this Act, which shall subject him or her to be dealt with as a rogue and vagabond, such person having been, at some former time, adjudged so to be, and duly convicted thereof; and every person apprehended as a rogue and vagabond, and violently resisting any constable or other peace officer so apprehending him, or her, and being subsequently convicted of the offence, for which he, or she, shall have been so apprehended, shall be deemed an incorrigible rogue, within the true intent and meaning of this Act: and it shall Punishment of be lawful for any Stipendiary Justice of the Peace to commit such same. offender (being thereof convicted before him, on his own view, or by the confession of such offender, or by the evidence, on oath, of one or more credible witness, or witnesses,) to any lawful place of confinement, there to remain until the next ensuing term of the Superior Court of Criminal Justice for the jurisdiction, within which the offence shall have been committed, then and there to be dealt with as hereinafter directed ; and every such offender, who shall be so committed, shall be kept to hard labour during the period of his or her imprisonment.t
IV. That it shall be lawful for any police, or other constable, or Police or other peace officer, to apprehend any person who shall be found offending constables to against this Act, and, forthwith, to take, and convey him, or her, appre before some Stipendiary Justice of the Peace, to be dealt with in such manner, as hereinbefore directed ; and in case any police, or Punishment other constable, or peace officer, shall refuse, or wilfully neglect, to for refusing so take any such offender into his custody, and to take, and convey to do. him, or her, before some Stipendiary Justice of the Peace, or shall
* So much of this section as is printed in italics is repcaled by 3 Vic. c. 34. † So much of this section as is printed in italics is iepealed by 3 Vic. c. 24.
No. 8. not use his best endeavours to apprehend and convey before some Act 3 Vic. such Justice, any person whom he shall find offending against this c. 3. Act, it shall be deemed a neglect of duty in such police or other
constable, or peace officer, and he shall, on conviction, be punished in such manner as hereinafter directed.
V. That it shall be lawful for any Stipendiary Justice of the Peace upon oath being made before him, that any person hath committed or is suspected to have committed any offence against this Act, to issue his warrant to apprehend and bring before him or some other Stipendiary Justice of the Peace the person so charged,
to be dealt with as is directed by this Act. Incorrigible VI. That when any Stipendiary Justice as aforesaid, shall comintend
mit any such incorrigible rogue to prison, as aforesaid, there to ing to appeal,
to remain until the next term of the Superior Court of Criminal must enter into recognizance. Justice as aforesaid ; or when any such idle and disorderly person,
rogue, and vagabond, or incorrigible rogue, shall give notice of his or her intention to appeal against the conviction of him or her, and shall enter into recognizance as hereinafter directed, to prosecute
such appeal, such Stipendiary Justice shall require the person or Witnesses also. persons by whom such offender shall be apprehended, and the per
son or persons whose evidence shall appear to him to be material to prove the offence, and to support such conviction to become bound in recognizance to Her Majesty, her heirs, and successors, to appear at the next session of such Court, as the case may be, to give evidence against such offender touching such offence; and the Chief Justice or other presiding Judge of such Court is respectively hereby authorized and empowered, at the request of any person who shall have become bound in any such recognizance, to
order the Receiver-General and Treasurer of the Colony, or the Prosecutor and Receiver of Colonial Duties at Grand Cay, Turks Islands, to pay Witnesses to be
unto such prosecutor and unto the witness or witnesses on his or her behalf, such sum or sums of money as to such Chief Justice or other Judge may seem reasonable and sufficient to re-imburse such prosecutor and such witness or witnesses, for the expenses he, she, or they have been severally put to, and for his, her, or their trouble
and loss of time in and about such prosecution ; which order the Clerk of the Clerk of the Crown is hereby directed and required forthwith to Crown to make
ake make out and deliver to such prosecutor, or unto such witness or out order for
witnesses ; and the said Receiver-General and Treasurer, or Receiver of Colonial Duties, as the case may be, is hereby authorized and required upon sight of such order, with the warrant of the President attached thereto, forthwith to pay unto such prosecutor or
other person or persons authorized to receive the same, such money How to be paid, as aforesaid; and the said Receiver-General and Treasurer, or
Receiver of Colonial Duties, as the case may be, shall be allowed Proviso.
the same in his account with the public: Provided that any such allowance to be made to parties, whether in the capacity of prosecutors or witnesses, shall not exceed that made by the existing laws to witnesses in attendance on the Supreme and other Courts of the Colony. And in case any such person or persons as aforesaid, shall refuse to enter into such recognizance, it shall be lawful for such Stipendiary Justice to commit such person or persons so refusing to any lawful place of confinement, there to remain until he, she, or they shall enter into such recognizance, or shall be otherwise discharged by due course of law.