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INDICTABLE OFFENCES.

I. INFORMATIONS-ACTIONS.

Island Act.

11 VIC. c. 7.] To sanction the proceedings of judges, and 11 VIC. c. 7. justices, and parochial officers during martial law.

ISLD. [31st Dec. 1847.] 1847.

magistrates,

certain

if martial

11 Vic. c. 7, sec. 2.] It shall and may be lawful for the chief The judges, justice of this island and the assistant judges of the supreme and coroners court of judicature, and all and every the justices of peace in may act in this island to act in their several stations and capacities in all matters as criminal matters cognizable before them respectively, by com- law were mitting or bailing the offender or offenders, or binding over not in force. parties or witnesses, to prosecute in the same manner as they or any of them might have done in case martial law was not in force; and the coroners of the several parishes of this island, or any of them, are hereby likewise empowered and required to execute his or their office in every respect, notwithstanding such the continuance of martial law.

7. This act in force to 31st December, 1857.

18 ELIZ. c. 5.] To redress disorders in common informers.

ENG. [1576.]

18 ELIZ. C. 5. Engl. stat.

1576.

an informer

in prose

suit, and his

if he abuse

18 Eliz. c. 5. sec. 1.] For redressing divers disorders in The duty of common informers, and for better execution of penal laws, Be it enacted, That every informer upon any penal statute shall cuting a exhibit his suit in proper person and pursue the same only by punishment himself or by his attorney in court; and that none shall be it. admitted or received to pursue against any person or persons upon any penal statute but by way of information or original action, and not otherwise; nor shall have ne use any deputy or deputies at all; and that upon every such information which shall be exhibited, a special note be made of the very day, month, and year of the exhibiting thereof into any office, or to

1576.

18 BLI. c. 3. any officer, which lawfully may receive the same without any Engl. stat. manner of antedate thereof to be made, and that the same information be accounted and taken to be of record from that time forward and not before: And be it likewise enacted, That no process be sued out upon any such information in that behalf made is grounded, and that every clerk making out process contrary to the tenor and provision of this act shall forfeit and lose 40s. for every such offence; the one half to be to the queen's majesty, her heirs and successors, and the other half to the party against whom any such defective process shall be awarded, to be recovered in any court of record, by action of debt or information, in which no essoin, protection, injunction, or wager of law shall be permitted or allowed.

31 Euiz.c. Engl. stat.

1589.

18 Eliz. c. 3

tion upon

penal statutes the

offence was

be ex

[ocr errors]

31 ELIZ. c. 5.] Concerning informers.

ISLD. [ENGL. 1589.]

31 Eliz. c. 5, sec. 1.] For that divers of the queen's majesty's In informa- subjects be daily unjustly vexed and disquieted by divers common informers upon penal statutes, notwithstanding any County former statute that hath been heretofore made against their where the disorders: For remedy whereof, Be it enacted, That in any done must declaration or information, at any time to be had, brought, sued, pressed, &c. or exhibited, the offence against any penal statute shall not be laid to be done in any other county, but where the contract, or other matter alleged to be the offence, was in truth done: And that every defendant in such action or information shall and lawfully may traverse and allege, that the offence supposed by the same suit to be committed, was not committed in the county where such offence is alleged; which being tried for the defendant, or if the plaintiff be thereupon nonsuit in his information or suit, that, when the plaintiff shall be barred in that action or information, any law or use to the contrary notwithstanding.

Officers of record shall not be

bound by this act.

Offences whereof

3. Provided always, That this act, nor anything herein contained, shall in anywise extend to any such officers of record, as have, in respect of their offices heretofore lawfully used to exhibit informations, or sue upon penal laws; but that they and every of them may inform and pursue in that behalf, as they might have done before the making of this act; anything in this act to the contrary in anywise notwithstanding.

4. And provided also, That this act, nor anything herein information contained, shall extend to the laying or alleging of or alleging of any offence in any declaration or information, for or concerning any champerty, buying of titles, or extortion, or for any matter of corrupt

may be

given in any county,

Engl. stat.

usury; but that every such offence shall or may be laid in any 31 ELIZ. c.5. county at the pleasure of any such informer; anything in this act to the contrary notwithstanding.

1589.

c. 4.

I.

21 JAMES I. c. 4.] Concerning informations upon penal 21 JAMES 1. statutes. (a)

ENGL. [1623.]

Engl. stat.

1623.

upon penal

shall be pro

where

offences

poor committed.

21 James I. c. 4. sec. 1.] Whereas the offences against divers Information and sundry penal statutes of this realm may better and with statutes more ease and less charge on the subject be commenced, sued, secuted in informed against, prosecuted, and tried in the counties where the counties such offences shall be committed; And whereas the commons of this realm are grievously charged, troubled, vexed, molested, and disturbed by divers troublesome persons commonly called relators, informers, and promoters, by prosecuting and enforcing them to appear in his majesty's courts at Westminster, and to answer offences supposed by them to be committed against the said penal laws and statutes, or else to compound with them for the same; for remedy whereof, Be it enacted, That all offences hereafter to be committed against any penal statute, for which any common informer or promoter may lawfully ground any popular action, bill, plaint, suit, or information, before justices of assize, justices of nisi prius or gaol delivery, justices of oyer and terminer, or justices of peace in their general or quarter sessions shall be commenced, sued, prosecuted, tried, recovered, and determined by way of action, plaint, bill, information, or indictment before the justices of assize, justices of nisi prius, justices of oyer and terminer, justices of gaol delivery, or before the justices of the peace of every county, city, borough, or town corporate and liberty having power to inquire of, hear, and determine the same within this realm of England, or dominion of Wales, wherein such offences shall be committed, in any of the courts, places of judicature, or liberties aforesaid respectively, only as the choice of the parties which shall or will commence suit, or prosecute for the same, and not elsewhere, save only in the said counties or places usual for those counties, or any of them, and that the like process upon every popular action, bill, plaint, information, or suit to be commenced, or sued, or prosecuted, by force of or according to the purport of this act, be had and awarded to all intents and purposes as in an action of trespass, at the common law; and that all and all manner of informations, actions, bills, plaints, and suits whatsoever, hereafter to be commenced, sued, prosecuted, and rewarded, either by the attorney-general, or his majesty, his heirs or executors, for the time being, or by any

(a) See INDICTMENTS. (Post.)

c. 4.

1623.

21 JAMES I. officer or officers whatsoever for the time being, or by any Engl. stat. common informer, or other person whatsoever in any of his majesty's courts at Westminster, for or concerning any of the offences, penalties, or forfeitures aforesaid shall be void and of none effect, any law, custom, or usage to the contrary thereof notwithstanding.

Upon de

fault of

the offence

was com

mitted in the same

county, defendant shall be found not guilty.

2. In all informations to be exhibited, and in all bills, counts, proving that plaints, and declarations, in any action or suit to be commenced against any person or persons, either by or on behalf for the king, or any other, for or concerning any offence committed or to be committed against any penal statute, the offence shall be laid and alleged to have been committed in the said county where such offence was in truth committed, and not elsewhere; and if the defendant to any such information, action, or suit pleadeth that he oweth nothing, or that he is not guilty, and the plaintiff or informer in such information, action, or suit upon evidence to the jury that shall try such issue, shall not both prove the offence laid in the said information, action, or suit; and that the same offence was committed in that county, when the defendant and defendants shall be found not guilty.

Informer shall make oath that

was com

mitted in the county

where the

menced.

3. No officer or minister in any court of record shall receive, file, or enter of record any information, bill or plaint, count or the offence declaration, grounded upon the said penal statutes or any of them, which before by this act are appointed to be heard and determined in their proper counties, until the informer or relator suit is com- hath first taken a corporal oath before some of the judges of that court, that the offence or offences laid in such information, action, suit, or plaint was or were not committed in any other county than where by the said information, bill, plaint, count, or declaration, the same is or are supposed to have been committed, and that he believeth in his conscience, the offence was committed within a year before the information or suit, within the same county where the said information or suit was committed, the same oath to be there entered of record.

5 GEO. IV.J

c. 113.

British stat.

1844.

Petty

men, or ma

having

offended

5 GEO. IV. c. 113.] Relating to the abolition of the slave trade. BRIT. [24th June, 1824.]

5 Geo. IV. c. 113, sec. 40.] If any person or persons offending officers, sea- as a petty officer, seaman, marine, or servant, against any of rines, &c., the provisions of this act, shall, within two years after the offence committed, give information on oath before any compeand inform tent magistrate against any owner, or part owner, or any owners, cap- captain, master, mate, surgeon, supercargo, of any ship or officers of vessel, who shall have committed any offence against this act, ships, dis- and shall give evidence on oath against such owner, or part

ing against

tains, or

charged of

c. 113.

1824.

penalties,

owner, captain, master, mate, surgeon, or supercargo, before 5 GEO. IV. any magistrate or court before whom such offender may be British stat. tried; or if such person or persons so offending shall give information to any of his majesty's ambassadors, ministers plenipotentiary, envoys, chargés-d'affaires, consuls, residents, or other &c. agents, so that any person or persons owning such ship or vessel, or navigating or taking charge of the same, as captain, master, mate, surgeon, or supercargo, may be apprehended, such person or persons so giving information and evidence, shall not be liable to any of the pains or penalties under this act incurred, in respect of his offence, and his majesty's ambassadors, ministers plenipotentiary, envoys, chargés-d'affaires, consuls, residents, or other agents, are hereby required to receive any such information as aforesaid, and to transmit the particulars thereof without delay to one of his majesty's principal secretaries of state, and to transmit copies of the same to the commanders of his majesty's ships or vessels then being in the said port or place.

16 and 17 VIC. c. 107.] The customs' consolidation act.

BRIT. [1853.]

16 & 17 VIC. c. 107. British stat.

Penalties

feitures,

British pos

16 and 17 Vic. c. 107. sec. 183.] Whereas any penalty or 1853. forfeiture shall have been incurred in any of the British posses- and forsions abroad, under this or any other act relating to the customs, fette be such penalty or forfeiture shall and may be sued for, prosecuted, recovered in recovered, and disposed of in the court of record or of vice- sessions admiralty having jurisdiction in any British possession where the abroad. same may have been incurred or forfeited; but in case there shall be no such court on such British possession, such penalty or forfeiture shall and may be sued for, prosecuted, recovered, and disposed of in the court of record, or of vice-admiralty having jurisdiction in some British possession near to that where such penalty or forfeiture may have been incurred; and all such penalties and forfeitures shall be deemed to be sterling money of Great Britain, and paid accordingly.

Suits to be commenced

officers.

186. No suit shall be commenced for the recovery of any penalty or forfeiture in the Channel Islands or in any of the in name of British possessions abroad under this or any act relating to the customs except in the name of some officer of the customs or navy, or other person employed as in this act before mentioned or of her majesty's advocate or attorney-general for the place where such suit shall be commenced, and if a question shall arise whether any person is an officer of the customs or navy, or such other person as aforesaid, viva voce evidence may be given of such fact, and shall be deemed legal and sufficient evidence.

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