No. 8. Act 3 Vic. c. 3. Incorrigible rogues intending to appeal, must enter into recognizance. not use his best endeavours to apprehend and convey before some such Justice, any person whom he shall find offending against this 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. VI. That when any Stipendiary Justice as aforesaid, shall commit any such incorrigible rogue to prison, as aforesaid, there to remain until the next term of the Superior Court of Criminal 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 person 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 Receiver of Colonial Duties at Grand Cay, Turks Islands, to pay 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 Crown is hereby directed and required forthwith to Crown to make make out and deliver to such prosecutor, or unto such witness or 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 Prosecutor and paid. Clerk of the out order for same. Proviso. Receiver of Colonial Duties, as the case may be, shall be allowed 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. VII. That when any incorrigible rogue shall be committed to any lawful place of confinement, there to remain until the next term of such Superior Court, as aforesaid, it shall be lawful for the Justices or Justice of such Court, in term, to inquire into the circumstances of the case, and to order, if such Justices or Justice shall think fit, that such offender be further imprisoned in some lawful place of confinement, and there. or on the public streets or highways, to be kept to hard labour for any time not exceeding six calendar months, from the time of making such order. peace VIII. That in case any constable or other peace officer shall neglect his duty in anything required of him by this Act; or in case any person shall disturb or hinder constable or other any officer in the execution of this Act, or shall be aiding, abetting, or assisting therein, and shall be thereof convicted, upon the oath of one or more witness or witnesses, before one or more Stipendiary 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. No. 8. Act 3 Vic. c. 3. Imprisonment of incorrigible rogues may be extended. Punishment for Constables refusing to perform their duty, and persons disturbing them in the same. of rogues when concealed in a house. No proceedings to be quashed for want of IX. That it shall be lawful for any Stipendiary Justice of the Apprehension Peace, upon information on oath before him made, that any person, herein before described to be an idle and disorderly person, or a 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 be quashed for want of form; and every conviction of any offender as an idle and disorderly person, or as a rogue and vagabond, or as 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 the said conviction to the Clerk of the Crown, at his office at Grand Cay, there to be filed and kept on record; and a copy of the conviction so filed duly certified by the Clerk of the Crown, shall and may be read as evidence in any Court of Record, or before any Stipendiary Justice or Justices of the Peace, acting under the powers and provisions of this Act. XI. That any person aggrieved by any act or determination of form. Conviction to be transmitted to Clerk of the Crown. The same to be received as evidence. No. 8. Act 3 Vic. c. 3. Persons ag- Proviso. When prosecutions are to be commenced. notice is to be given. When Plaintiff cannot recover. any Stipendiary Justice or Justices of the Peace, in or concerning the execution of this Act, may appeal to the Supreme Court, giving to the Stipendiary Justice or Justices of the Peace, whose act or determination shall be appealed against, notice in writing of such appeal and of the ground thereof, and entering within seven days into a recognizance with sufficient sureties before a Stipendiary Justice of the Peace, personally to appear and prosecute such appeal; and upon such notice being given and such recognizance 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 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. XII. And for the protection of persons acting in the execution of this Act, it is further enacted, That all actions or prosecutions 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, in writing, of such action, and of the cause thereof, shall be given to the defendant, one calendar month, at least, before the commencement of the action: and no plaintiff shall recover in any such 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, the defendant and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit or discontinue any such action, after 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. When Defendant shall recover costs. Appointment of Constables. Who only shall act as Stipendiary Justices. Acts repealed. : XIII. That it shall and may be lawful for any two or more 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. XIV. That no person shall act or be considered as a Stipendiary Justice within the meaning of this Act, save only such persons 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 the behalf of Her Majesty, appointing them to act as Stipendiary Justices for this colony, or for any town, island, or district thereof. 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 No. 8. Act 3 Vic. c. 3. reign of His late Majesty, King William the Fourth, to prevent the resort of rogues, vagabonds, and other idle and disorderly persons, to the Bahama Islands, for the punishment and correction of certain 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. SCHEDULE A. TURKS AND CAICOS ISLANDS, TO WIT: at day of Be it remembered, that on the 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 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. day of at No. 9.-3 Vic. ch. 34. An Act to amend 3 Vic. ch. 3. (20th February, 1840.) No. 9. Act 3 Vic. 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. c. 34. No. 10.-9 Vic. ch. 12. An Act to amend 3 Vic. ch. 3. No. 10. Act 9 Vic. c. 12. HEREAS, evil-disposed persons are frequently found at night PREAMBLE. W 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. Act 9 Vic. c. 12. Every person found in or upon any ment should be annexed to the commission of such offence; May it, &c., That every person who shall be found in or upon any dwellinghouse, warehouse, store, shop, office, church, chapel, or outhouse attached to any dwelling-house, or in any enclosed yard, garden, orchard, plantation, or field, between the setting and rising of the sun (such person not being the owner or occupier, or an inmate or dwelling-house, 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 sunthere, shall be deemed a rogue and vagabond within the true intent rise, without lawful cause, 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. No. 1. Act 8 Vic. c. 4. PREAMBLE. to II. Repeals 7 Vic. ch. 19. CLASS XI. LAWS RELATING TO THE DUTIES OF JUSTICES IN No. 1.-8 Vic. ch. 4. An Act to authorize the mitigation of pecu- W imposed as punishments Tribunals au thorized to impose fines may in their discretion mitigate the amount in each case. No. 2. Act 10 Vic. c. 11. No. 3. Act 11 Vic. c. 25. PREAMBLE. mission 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 circumstances of the case; and whereas, it is expedient that such a power should be given by law; May it, &c., That whenever by any law now in force in the colony, a specific pecuniary penalty is annexed to the commission of an offence, it shall be lawful for the tribunal before which-any conviction for such offence shall take place to 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. No. 2.-10 Vic. ch. 11. An Act for the better regulating Appeals No. 3.-11 Vic. ch. 25. An Act for the more speedy Trial and trial of juvenile offenders, and to avoid the evils of their long imprisonment previously to trial, it is expedient to allow such |