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VII. That when any incorrigible rogue shall be committed to No. 8. any lawful place of confinement, there to remain until the next term Act 3 Vic. of such Superior Court, as aforesaid, it shall be lawful for the c. 3. Justices or Justice of such Court, in term, to inquire into the cir
Imprisonment cumstances of the case, and to order, if such Justices or Justice shall think fit, that such offender be further imprisoned in some rogues may be lawful place of confinement, and there, or on the public streets or extended. highways, to be kept to hard labour for any time not exceeding six calendar months, from the time of making such order.
VIII. That in case any constable or other peace officer shall Punishment neglect his duty in anything required of him by this Act; or in for Constables case any person shall disturb or hinder any constable or other peace
perform their officer in the execution of this Act, or shall be aiding, abetting, or Luty assisting therein, and shall be thereof convicted, upon the oath of sons disturbing one or more witness or witnesses, before one or more Stipendiary them in the Justice or Justices of the Peace, every such offender shall for every such offence, forfeit any sum not exceeding Twenty pounds sterling; and in case such offender shall not forthwith pay such sum so forfeited, the same shall be levied by distress and sale of the offender's goods, by warrant from such Stipendiary Justice or Justices; and if sufficient distress cannot be found, it shall be lawful to commit the person so offending to any lawful place of confinement, there to be kept for any time not exceeding thirty days, or until such fine be sooner paid ; and the said Stipendiary Justice or Justices shall cause the said 'fine, when paid, to be paid over to the ReceiverGeneral and Treasurer of the Colony, to be by him applied towards defraying the contingent expenses of the Government of this Colony.
IX. That it shall be lawful for any Stipendiary Justice of the Apprehension Peace, upon information on oath before him made, that any person, of rogues when hereinbefore described to be an idle and disorderly person, or á concealed |
house. rogue and vagabond, or an incorrigible rogue, is, or is reasonably suspected to be harboured or concealed in any house, or other place, by warrant under his hand and seal, to authorize any constable or other person or persons to enter at any time into such house or place, and to apprehend and bring before him, or any other Stipendiary Justice of the Peace, every such idle and disorderly person, rogue and vagabond, and incorrigible rogue, as shall be then and there found, to be dealt with in the manner hereinbefore directed.
X. That no proceedings to be had before any Stipendiary Justice or Justices of the Peace, under the provisions of this Act, shall to be quashed be quashed for want of form; and every conviction of any offender for want of as an idle and disorderly person, or as a rogue and vagabond, or as form. an incorrigible rogue under this Act, shall be in the form, or to the effect set forth in the Schedule A hereunto annexed, or as near thereto as circumstances will permit: and the Stipendiary Justice or Justices of the Peace before whom such conviction shall take place, shall, and he and they is and are hereby required to transmit Conviction to the said conviction to the Clerk of the Crown, at his office at Grand be transmitted Cay, there to be filed and kept on record ; and a copy of the con- to Clerk of the
Crown. viction so filed duly certified by the Clerk of the Crown, shall and
The same to be may be read as evidence in any Court of Record, or before any received as Stipendiary Justice or Justices of the Peace, acting under the evidence. powers and provisions of this Act.
XI. That any person aggrieved by any act or determination of
No. 8. any Stipendiary Justice or Justices of the Peace, in or concerning Act 3 Vic. the execution of this Act, may appeal to the Supreme Court, giving c. 3. to the Stipendiary Justice or Justices of the Peace, whose act or
- determination shall be appealed against, notice in writing of such Persons ag
appeal and of the ground thereof, and entering within seven days grieved may appeal.
into a recognizance with sufficient sureties before a Stipendiary When notice of Justice of the Peace, personally to appear and prosecute such such appeal is appeal; and upon such notice being given and such recognizance to be given.
being entered into, such Stipendiary Justice is hereby empowered to discharge such person out of custody, and the Court to whom any such appeal shall be made, shall hear and determine the matter of such appeal, and shall make such order therein, as shall to the said Court seem meet; and in case of the dismissal of the appeal or the affirmance of the conviction, shall issue the necessary process
for the apprehension and punishment of the offender, according to Proviso. the conviction : Provided always, That such appellant shall be
bound to prosecute his or her said appeal, at the next sitting of the said Court, in case such sitting shall not happen within the said period of seven days : but if such sitting shall be had within such seven days, then at the next succeeding term of the said Court, and
not afterwards. When prosecut
XII. And for the protection of persons acting in the execution tions are to be of this Act, it is further enacted, That all actions or prosecutions commenced.
to be commenced against any such person or persons for anything done in pursuance of this Act, shall be laid and tried in the Supreme
Court of these islands, and shall be commenced within three calenWhen and how dar months after the fact committed, and not otherwise ; and notice, notice is to be in writing, of such action, and of the cause thereof, shall be given given,
to the defendant, one calendar month, at least, before the comWhen Plaintiff mencement of the action : and no plaintiff shall recover in any such cannot recover. action if tender of sufficient amends shall have been made before
such action is brought : or if a sufficient sum of money shall have
been paid into Court, after such action brought by, or on behalf of, When Defend the defendant : and if a verdict shall pass for the defendant, or the ant shall re plaintiff shall become nonsuit or discontinue any such action, after cover costs.
issue joined, the defendant shall recover treble costs, and have the like remedy for the same as any defendant hath, in law, in other cases : and though a verdict be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Court, before which the trial shall be, shall certify their
approbation of the action. Appointment XIII. That it shall and may be lawful for any two or more of Constables,
Stipendiary Justices of the Peace at any time to nominate and appoint any discreet person or persons to be constables, or peace officers, for the purposes of this Act, and to swear him or them, to
the due execution of his or their office. Who only shall XIV. That no person shall act or be considered as a Stipendiary act as Stipen. Justice within the meaning of this Act, save only such persons as diary Justices.
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 the behalf of Her Majesty, appointing them to act as Stipendiary Justices for this colony, or
for any town, island, or district thereof. Acts repcaled.
XV. That the first, second, and third sections of an Act of the General Assembly of these islands, made in the Fourth year of the
reign of His late Majesty, King William the Fourth, to prevent the No. 8. resort of rogues, vagabonds, and other idle and disorderly persons, Act 3 Vic. to the Bahama Islands, for the punishment and correction of certain c. 3. offences therein specified, and for other purposes therein mentioned : and all that other Act of the said General Assembly, made in the 5 W. 4, c. 17. Fifth year of His said late Majesty's reign, to amend the said lastmentioned Act: and all other laws or parts of laws which are in any wise repugnant to, or inconsistent with, this Act, shall be, and the same are, hereby repealed.
XVI. That this Act shall commence and take effect in all islands of the colony from and after the first day of September, One thousand eight hundred and thirty-nine.
XVII. This clause, which was a duration clause of five years, is repealed by 3 Vic. ch. 34.
day of in the year of Our Lord
A. B. is convicted before me, C. D., one of Her Majesty's Stipendiary Justices of the Peace, in and for the Turks and Caicos Islands, of being an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, within the intent and meaning of the Act of Assembly, made in the
year of the reign of Her Majesty, Queen Victoria, entitled, “ An Act,” (here insert the title of this Act,) that is to say, for that the said A. B., on the
day of at in the said Turks and Caicos Islands (here state the offence proved before the magistrate), and for which said offence the said A. B. is ordered to be committed to
(there, or on the public streets and highways,) to be kept to hard labour for the space of
(or until the next term of the Supreme or other Court). Given under my hand and seal, the day, and year, at the place first above written.
No. 9.-3 Vic, ch. 34. An Act to amend 3 Vic. ch. 3.
(20th February, 1840.) This Act merely repeals parts of the 2nd and 3rd Sections, and the whole of the 17th Section of 3 Victoria, ch. 3. See notes to 2nd and 3rd Sections, as also remark at the 17th Section.
No. 10.-9 Vic. ch. 12. An Act to amend 3 Vic. ch. 3.
No. 10. (3rd February, 1846.)
Act 9 Vic.
c. 12. W HEREAS, evil-disposed persons are frequently found at night PREAMBLE.
loitering in and about dwelling and other houses, and in yards and other enclosures, without being able to give any lawful excuse for there being ; and it is expedient that some certain punish
No. 10. ment should be annexed to the commission of such offence; May it, Act 9 Vic. &c., That every person who shall be found in or upon any dwellingc. 12. house, warehouse, store, shop, office, church, chapel, or outhouse
attached to any dwelling-house, or in any enclosed yard, garden, Every person found in or
orchard, plantation, or field, between the setting and rising of the upon any sun (such person not being the owner or occupier, or an inmate or dwelling-house, member of the fam
member of the family of the owner or occupier of the premises in &c., beween
question,) without being able to give a lawful excuse for being so sunset and sun
there, shall be deemed a rogue and vagabond within the true intent rise, without lawful cause, to and meaning of the Act to which this Act is an amendment, and be deemed a shall be liable to be punished as is in and by the said Act directed rogue and
and provided for. vagabond.
II. Repeals 7 Vic. ch. 19.
THE GENERAL COMMISSION OF THE PEACE.
c. 4. PREAMBLE.
W HEREAS, by various laws now in force in the colony specific
· pecuniary penalties are imposed as punishments for the commission of particular offences without any power being vested in the tribunal before which a conviction shall take place, to mitigate
or reduce the amount of such penalties according to the circumTribunals an- stances of the case; and whereas, it is expedient that such a power thorized to im- should be given by law; May it, &c., That whenever by any law now pose tines may in
in force in the colony, a specific pecuniary penalty is annexed to tion mitigate
the commission of an offence, it shall be lawful for the tribunal the amount in before which-any conviction for such offence shall take place to each case. impose the full pecuniary penalty fixed by such law, or to mitigate
the amount thereof to such lesser sum as such tribunal may, in its discretion under the particular circumstances of each case deem to be a proper amount of punishment for the offence committed, and the payment of every such mitigated penalty shall be enforced in the same and the like manner as the specific penalty for the same offence may be enforced.
in their discre
No. 2. Act 10 Vic.
No. 2.–10 Vic. ch. 11. An Act for the better regulating Appeals
in cases of Summary Conviction. (26th February, 1847.) This Act is in substance the same as No. 4 of this Class : it is therefore not necessary to insert it at length.
No. 3. Act 11 Vic.
c. 25. PREAMBLE,
No. 3.–11 Vic. ch. 25. An Act for the more speedy Trial and
Punishment of Juvenile Offenders. (19th April, 1848.)
W trial of juvenile offenders, and to avoid the evils of their long imprisonment previously to trial, it is expedient to allow such offenders being proceeded against in a more summary manner than No. 3. is now by law provided, and to give further power to bail them; Act 11 Vic. May it, &c., that every person who shall subsequently to the passing c. 25. of this Act, be charged with having committed, or having attempted to commit, or with having been an aider, abettor, counsellor or
| Corporal pun
ishment may procurer in the commission of any offence which now is, or hereafter be inflicted on shall or may be by law deemed or declared to be simple larceny, or male persons punishable as simple larceny, and whose age at the period of the under fourteen
years of age commission, or attempted commission of such offence, shall not, in
convicted sumthe opinion of the Justices before whom he or she shall be brought marily of laror appear as hereinafter mentioned, exceed the age of fourteen years, ceny. shall upon conviction thereof, upon his own confession or upon proof before any two or more Justices of the Peace, be committed to the common gaol or house of correction within the jurisdiction of such Justices, there to be imprisoned, with or without hard labour, for any term not exceeding three calendar months, or in the discretion of such Justices shall forfeit and pay such sum not exceeding three pounds, as the said Justices shall adjudge, or, if a male, shall be once privately whipped, either instead of, or in addition to such imprisonment, or imprisonment with hard labour, and the said Justices shall from time to time appoint some fit and proper person, being a constable, to inflict the said punishment of whipping when so ordered to be inflicted out of prison : Provided always, That if such Justices upon the hearing of any such case shall deem the offence not to be proved, or that it is not expedient to inflict any punishment, they shall dismiss the party charged, on finding surety or sureties for his future good behaviour, or without such sureties, and then make out and deliver to the party charged, a certificate, under the hands of such Justices, stating the fact of such dismissal, and such certificate shall and may be in the form or to the effect set forth in the Schedule hereto annexed in that behalf : Provided also, that if such Justices shall be of opinion before the person charged shall have made his or her defence, that the charge is from any circumstance a fit subject for prosecution by indictment, or if the person charged shall, upon being called upon to answer the charge, object to the case being summarily disposed of under the provisions of this Act, such Justices shall, instead of summarily adjudicating thereupon, deal with the case in all respects as if this Act had not been passed.
II. That any two or more Justices of the Peace, before whom Jurisdiction of any such persons, as aforesaid, charged with any offence made punish- two or more able under this Act, shall be brought or appear, are hereby autho- Justices. rized to bear and determine the case under the provisions of this Act.
III. That every person who shall have obtained such certificate After convicof dismissal as aforesaid, and every person who shall have been tion or acquitconvicted under the authority of this Act, shall be released from
from tal proceedings
final. all further or other proceedings for the same cause.
IV. And for the more effectual prosecution of offences punish- Mode of proable upon summary conviction by virtue of this Act, Be it enacted, ceeding. That where any person whose age is alleged not to exceed fourteen years, shall be charged with any such offence, on the oath of a credible witness, before any Justice of the Peace, such Justice may issue his summons or warrant to summon or to apprehend the person so charged to appear before any two Justices of the Peace, at a time and place to be named in such summons or warrant.