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shortly).

I hereby certify, That I consent to the

said A. B. being bailed by recognizance, himself in and (two) sureties in

No. 6. Ord. No.

1855.

Dated the

each.

day of

18

J. S.

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before (us, two) of Her Majesty's Justices of the Peace in and for
the said
entered into his own recognizance, and found
sufficient sureties for his appearance at the next
to be
holden in and for the
to answer our Sovereign Lady the
Queen, for that, (&c., as in the commitment) for which he was taken
and committed to your said

These are therefore to command you, in Her said Majesty's name, that if the said A. B. do remain in your custody in the said

for the said cause, and for no other, you shall forthwith suffer him to go at large.

Given under our hands and seals this

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day of

at

J. S. (L. S.)

J. N. (L. S.)

No. 27.

WARRANT OF COMMITMENT.

To the constable of

at

in the said

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charged before me, J. S., one of Her Majesty's Justices of the Peace in and for the said

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(farmer), and others, for that, (&c., stating shortly the offence)
These are therefore to command you, the said constable of
to take the said A. B. and him safely to convey to the
aforesaid, and there to deliver him to the keeper
I do hereby command you,

thereof, together with this precept; and
the said keeper of the said

into your custody in the said

to receive the said A. B. and there safely keep him

until he shall be thence delivered by due course of law.

Given under my hand and seal this

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These forms to be to altered, as occasions may require, to serve in cases of offences cognizable in the Court of Admiralty sessions. Approved. W. R. INGLIS, President.

Grand Turks, 2nd June, 1856.

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No. 7.-ORDINANCE No. 6 of 1855.

An Ordinance to facilitate the performance of the duties of Justices of the Peace with respect to summary convictions. (Passed 3rd July, 1855. Confirmed 11th January, 1846.)

W

HEREAS it would conduce much to the improvement of the administration of justice within these islands, so far as respects summary convictions by Justices of the Peace, if the several laws and parts of laws relating to the duties of such Justices in respect of such summary convictions were consolidated, with such additions and alterations as may be deemed necessary, and that such duties should be clearly defined by positive enactment; May it, &c.

I. That in all cases where an information shall be laid before any Justice of the Peace, that any person has committed, or is suspected to have committed, any offence or act within the jurisdiction of such Justice, for which he is liable by law, upon a summary conviction for the same, to be imprisoned or fined, or otherwise punished, and also in all cases where a complaint shall be made, upon which any order for the payment of money or otherwise may be made, then it shall be lawful for such Justice to issue his summons, directed to such person, stating the matter of such information or complaint, and requiring him to appear at a certain time and place before the same Justice or before such other Justice as shall then be there, to answer to the said information or complaint, and to be further dealt with according to law; and every such summons shall be served by a constable or other peace-officer, or other person to whom the same shall be delivered, upon the person to whom it is so directed, by delivering the same to the party personally, or by leaving the same with some person for him at his last or most usual place of abode; and the constable, peace-officer, or person who shall serve the same, in manner aforesaid, shall attend at the time and place, and before the Justice in the said summons mentioned, to depose, if necessary, to the service of the said summons: Provided always, that no objection shall be taken or allowed to any information, complaint, or summons, for any alleged defect therein, in substance or in form, or for any variance between such information, complaint, or summons, and the evidence adduced on the part of the informant or complainant, at the hearing of such information or complaint as hereafter mentioned; but if any such variance shall appear to the Justice at such hearing to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such Justice, upon such terms as he shall think fit, to adjourn the hearing of the case to some future day.

II. That if a person so served with a summons, as aforesaid, shall not appear before the Justice at the time and place mentioned in such summons, and it shall be made to appear to such Justice by oath or affirmation that such summons was so served a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such Justice, if he shall think fit, upon oath or affirmation being made before him substantiating the matter of such information or complaint to his satisfaction, to issue

his warrant to apprehend the party so summoned and to bring him before the same Justice or before some other Justice to answer to the said information or complaint, and to be further dealt with according to law, or upon such information being laid, as aforesaid, for any offence punishable on summary conviction, the Justice before whom such information shall have been laid may, if he shall think fit, upon oath or affirmation being made before him substantiating the matter of such information to his satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his warrant for apprehending the person against whom such information shall have been so laid, and bringing him before the same Justice or before some other Justice, to answer to the said information, and to be further dealt with according to law; or if, where a summons shall be so issued as aforesaid, and upon the day and at the place appointed in and by the said summons for the appearance of the party so summoned, such party shall fail to appear accordingly in obedience to such summons, then, if it be proved upon oath or affirmation to the Justice that such summons was duly served upon such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for such Justice to proceed, ex parte to the hearing of such information or complaint, and to adjudicate thereon, as if such party had personally appeared before him in obedience to the said summons.

III. That every such warrant to apprehend a defendant, that he may answer to any such information or complaint as aforesaid, shall be under the hand and seal of the Justice issuing the same, and may be directed, either to any constable, or other person, by name or otherwise, and it shall state briefly the matter of the information or complaint on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the constable or other person to whom it is directed to apprehend the said defendant, and to bring him before some Justice of the peace to answer to the said information or complaint, and to be further dealt with according to law; and that it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in full force until it shall be executed; and such warrant may be executed by apprehending the defendant at any place within the jurisdiction of the Justice issuing the same, and in all cases where such warrant shall be directed to the constables, within the district or place within which the Justice issuing the same shall have jurisdiction, it shall be lawful for any constable for such district to execute such warrant in like manner as if such warrant were directed specially to such constable by name, and notwithstanding that the place in which such warrant shall be executed shall not be within the district or place for which he shall be such constable; and such of the provisions and enactments contained in a certain Ordinance made and passed in this present Session of the Legislative Council, entitled "An Ordinance to facilitate the performance of the duties of Justices of the Peace, with respect to persons charged with offences punishable in the Supreme Court of the Turks and Caicos Islands," as to the backing of any warrant, and the indorsement thereon by a Justice of the Peace authorizing the person bringing such warrant, and all other persons to whom the same was originally directed, to execute the same within the jurisdiction of the Justice so making such indorsement,

No. 7.

Ord. No. 5, 1855.

Mode of issu

ing Warrants to apprehend.

Warrant to re

main in force

until executed.

No. 7.

Ord. No. 5, 1855.

Proviso.

Proviso.

In complaints respecting property where there

are many own

ers, sufficient for the purpose of this Ordinance if one be named.

Liability of aiders and abettors.

Mode of procuring compulsory

attendance of witnesses.

as are applicable to the provisions of this Ordinance, shall extend to all such warrants and to all warrants of commitment issued under and by virtue of this Ordinance, in as full and ample a manner as if the said several provisions and enactments were here repeated and made part of this Ordinance: Provided always that no objection shall be taken or allowed to any such warrant, to apprehend a defendant, so issued upon any such information or complaint as aforesaid, under and by virtue of this Ordinance 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 informant or complainant as hereinafter mentioned; but if any such variance shall appear to the Justice present at such hearing to be such that the party so apprehended under such warrant has been thereby deceived or misled, it shall be lawful for such Justice, upon such terms as he shall think fit, to adjourn the hearing of the case to some future day, and in the mean time to commit the said defendant to prison, or to such other custody as the said Justice shall think fit, unless he is willing and prepared to enter into a recognizance, with or without surety or sureties, at the discretion of such Justice, conditioned for his appearance at the time and place to which such hearing shall be so adjourned: Provided always, that in all cases where a defendant ahall be discharged upon recognizance, as aforesaid, and shall not afterwards appear at the time and place in such recognizance mentioned, then such recognizance may be forfeited. IV. That in any information or complaint, or the proceedings thereon, in which it shall be necessary to state the ownership of any property belonging to, or in the possession of partners, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and another or others, as the case may be; and whenever in any information or complaint, or the proceedings thereon, it shall be necessary to mention, for any purpose whatsoever, any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in manner aforesaid; and whenever in any such information or complaint, or the proceedings thereon, it shall be necessary to describe the ownership of any work or building belonging to, made, maintained, or repaired at the expense of the colony, or of any materials for the making, altering, or repairing of the same, or of any articles provided for the use of any public establishment, service, or department, they may be described therein as the property of the colony.

V. That every person who shall aid, abet, counsel, or procure the commission of any offence, which is, or hereafter shall be punishable on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender, or before, or after his conviction, and shall be liable, on conviction, to the same forfeiture and punishment as such principal offender is or shall be by law liable to, and may be proceeded against and convicted either in the island or district, where such principal offender may be convicted, or in that in which such offence of aiding, abetting, counselling, or procuring may have been committed.

VI. That if it shall be made to appear to any justice of the Peace, by the oath or affirmation of any credible person, or without such oath or affirmation should such Justice so think fit, that any

person within the jurisdiction of such Justice is likely to give. material evidence in behalf of the prosecutor, or complainant, or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of such information or complaint, such Justice may, and is hereby required, to issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons, before the said Justice, or before such other Justice as shall then be there, to testify what he shall know concerning the matter of the said information or complaint, and if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said summons, and no just excuse shall be offered for such neglect or refusal (after proof upon oath or affirmation of such summons having been served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode; and if such person is residing on any other island than that in which the case is to be heard, that a reasonable sum was paid or tendered to him for his travelling expenses), it shall be lawful for the Justice before whom such person should have appeared, to issue a warrant, under his hand and seal, to bring and have such person, at a time and place to be therein mentioned, before the Justice who issued the said summons, or before such other Justice as shall then be there, to testify as aforesaid, and which said warrant may, if necessary, be backed as hereinbefore is mentioned, in order to its being executed out of the jurisdiction of the Justice who shall have issued the same, or if such Justice shall be satisfied by evidence, upon oath or affirmation, that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing such summons, it shall be lawful for him to issue his warrant in the first instance, and which, if necessary, may be backed as aforesaid; and if, upon the appearance of the person so summoned before such Justice, either in obedience to the said summons, or upon being brought before him by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation, shall refuse to answer such questions concerning the premises as shall then be put to him, without offering any just excuse for such refusal, any Justice of the Peace then present and having there jurisdiction may, by warrant under his hand and seal, commit the person so refusing to any lawful prison in the colony, there to remain and be imprisoned for any time not exceeding fourteen days, unless he shall in the mean time consent to be examined, and to answer concerning the premises.

VII. That whenever any person shall be summoned as a witness to give evidence before any Justice touching any of the matters aforesaid, either on the part of the complainant or the person accused, and shall neglect or refuse to appear at the time and place for that purpose appointed, and who shall not make such reasonable excuse for such neglect or refusal as shall be admitted and allowed by such Justice, every such person shall, on conviction before such Justice, forfeit and pay for every such offence any sum not exceeding two pounds, and, in default of payment, be imprisoned for a period not exceeding fourteen days.

No. 7. Ord. No. 5, 1855.

Penalty on witnesses sum

moned not attending.

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