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c.

c. 25.

1849.

pounds, and such penalty shall be recovered, paid, and applied in 12 & 13 Vic. like manner as the penalty imposed by an act passed in the British stat. eighth year of her majesty, intituled, " An act to amend and consolidate the laws relating to merchant seamen, and for keeping a register of seamen," upon a person harbouring or secreting a 7 & 8 Vic. seaman or apprentice having deserted from his ship; and the 112. Brit. provisions of such act applicable to such last mentioned penalty, and to the proceedings for the recovery thereof, shall be applicable to the penalty imposed by this act and to the proceedings for the recovery thereof.

the act.

3. If by any law or ordinance to be hereafter made by the Limits of local legislature of any British colony or possession abroad, provision shall be made for carrying into complete effect within such colony or possession the objects of this present act by the substitution of some other enactment in lieu thereof, then it shall be competent to her majesty, with the advice of her privy council (if to her majesty in council it shall seem meet, but not otherwise), to suspend the operation, within any such colony, or possession, of this present act, so long as such substituted enactment shall continue in force and no longer.

4. This act shall continue in force during the continuance of the said treaty.

13 VIC. c. 24.] As to persons charged with indictable offences. 13 Vic. c. 24. ISLD. [1st Feb., 1850.]

Island Act.

1850.

where war

executed.

13 Vic. c. 24, sec. 7.] It shall not be necessary to make any How and warrant hereafter to be issued returnable at any particular rant may be time, but the same may remain in force until it shall be executed, and such warrant may be executed by apprehending the offender at any place within the parish within which the justice or justices issuing the same shall have jurisdiction, or in case of fresh pursuit, at any place in the next adjoining parish, and within seven miles of the border of such first mentioned parish, without having such warrant backed as hereinafter mentioned; and in all cases where such warrant shall be directed to all constables or other peace officers within the parish within which the justice or justices issuing the same shall have jurisdiction, it shall be lawful for any constable, or other peace officer for such parish, to execute the said warrant within any parish situate within the jurisdiction for which such justice or justices shall have acted when he or they granted such warrant, in like manner as if such warrant were directed specially to such constable by name, and notwithstanding the place in which such

Р

1850.

No objec

tion for

alleged de

&c.

13VIC. c. 24. Warrant shall be executed shall not be within the parish for Island Act. which he shall be such constable or other peace officer: Provided always, That no objection shall be taken or allowed to any such warrant for any defect therein in substance or in form, or for any variance between it and the evidence adduced on the part feet in form, of the prosecution before the justice or justices who shall take the examinations of the witnesses in that behalf, as hereinafter mentioned; but if any such variance shall appear to such justice or justices to be such that the party charged has been thereby deceived, or misled, it shall be lawful for such justice or justices, at the request of the party so charged, to adjourn the hearing of the case to some future day, and in the meantime to remand the party so charged, or to admit him to bail in manner hereinafter mentioned.

Regulation as to backing warrants.

Proviso.

8. If the person against whom any such warrant shall be issued as aforesaid shall not be found within the jurisdiction of the justice or justices by whom the same shall be issued, or if he shall escape, go into, reside, or be, or be supposed, or suspected to be, in any other parish out of the jurisdiction of the justice issuing such warrant, it shall and may be lawful for any justice of the peace for the parish into which such person shall so escape or go, or in which he shall reside, or be, or be supposed, or suspected to be, upon proof alone being made on oath of the handwriting of the justice issuing such warrant, to make an indorsement (I) on such warrant, signed with his name authorizing the execution of such warrant within the jurisdiction of the justice making such indorsement, and which indorsement shall be sufficient authority to the person bringing such warrant, and to call other persons to whom the same was originally directed, and also to all constables and other peace officers of the parish where such warrant shall be so indorsed, to execute the same in such other parish, and to carry the person, against whom such warrant shall have issued, when apprehended, before the justice or justices of the peace who first issued the said warrant, or before some other justice or justices of the peace in and for the same parish, or before some justice or justices of the parish where the offence in the said warrant mentioned appears therein to have been committed: Provided always, That if the prosecutor, or any of the witnesses upon the part of the prosecution, shall then be in the parish where such person shall have been so apprehended, the constable, or other person or persons who shall have so apprehended such person, may, if so directed by the justice backing such warrant, take and convey him before the justice, who shall have so backed the said warrant, or before some other justice or justices of the same parish, and the said justice or justices may thereupon take the examinations of such prosecutor or witnesses, and proceed in every respect in manner hereinafter directed with respect to persons charged before a justice or justices of the peace with an offence alleged to have

Island Act.

been committed in another parish than that in which such 13 VIC. c. 24. persons have been apprehended.

1850.

TO WIT.

}

I.

Indorsement in backing a warrant.

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Whereas proof upon oath has this day been made before Schedule Ione of her majesty's justices of the peace for the said (parish of that the name of J. S. to the within warrant subscribed, is of the hand-writing of the justice of the peace within mentioned: I do therefore hereby authorize W. T. who bringeth to me this warrant, and all other persons to whom this warrant was originally directed or by whom it may lawfully be executed, and also all constables and other peace officers of the (parish) of to execute the same within the said last mentioned (parish) and to bring the said A. B. if apprehended within the same (parish) before me or before some other justice or justices of the peace of the same parish, to be dealt with according to law.

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Given under my hand this

day of

184

J. S.

14 GEO. III.

IV. SEARCH-SEIZURES.

14 GEO. III. c. 18.] Against the forging and uttering of c. 18 foreign coins in this island, and against clipping, diminishing, and impairing of the same.

Island Act.

1773.

Magistrates may enter suspected places in search of

utensils,

and filings.

If inter

rupted they,

break open

ISLD. [December 24, 1773.]

14 Geo. III. c. 18, sec. 3.] For the better discovery of offenders in the premises, Be it enacted, That it shall and may be lawful, to and for any one or more of his majesty's justices of the peace, within any town or parish of this island, to enter into false coins, the house, room, workshop, or any other place, of any person or persons who shall be suspected to be guilty of any of the crimes in this act mentioned, and to search for all tools and utensils used in counterfeiting the coins made current in this island, and for all counterfeit coin, clippings, and filings of the current coin or money of this island: and in case the occupier or occupiers with a con- of such house, room, workshop, or place, shall refuse to permit Step such justice or justices to make such search as aforesaid, it shall doors, and may be lawful, to and for such justice or justices, with the assistance of any constable or constables, to break open any Such arti. door, box, trunk, chest, cupboard, or cabinet, in order to search for and discover such tools, utensils, counterfeit coin, clippings or filings, and in case any such tools, utensils, counterfeit coins, clippings, or filings shall be found, the person so finding the same is hereby required to seize, as well all such tools, utensils, counterfeit coin, clippings and filings, as the person and persons in whose possession the same shall be found, and to commit all such person and persons to the common gaol, in any such town or parish, in order that such person and persons so offending may be dealt with according to law.

cabinets,

cles to be seized, and the possessor committed to

gaol.

ed in pay

suspected to

9. And in order that the present base or counterfeit coins now in this island may be destroyed, and the introduction of any more from North America or other parts, or of any more being coined or made in this island, may be prevented, Be it enacted, Coins offer That when any piece of gold or silver coin shall be offered in ment, and payment, and shall seem base or counterfeit to the person to beast, to whom the same shall be offered, it shall and may be lawful for be cut into such person to carry the said piece of coin so offered in payment to any magistrate; and such magistrate is hereby authorized magistrate; and empowered, on the said piece of gold or silver coin appearing in his judgment to be base or counterfeit, to cause the said piece of gold or silver coin to be cut into two equal parts, as nearly as can be: Provided nevertheless, As the person so offering in payment such piece of gold or silver coin may be the owner. innocent as to the making, counterfeiting, or coining the same,

two equal

parts, by order of a

who is to return the pieces to

(a) See COINAGE-FORGERY. (Post.)

c. 18.

that all pieces of gold or silver coin so cut by the order of any 14 GEO. III. magistrate, shall be by such magistrate delivered back to the Island Act. person who offered the same in payment.

1773.

c. 25.

1812.

53 GEO. III. c. 25.] For preserving ships and goods which 53 Gro. III. shall happen to be stranded on coasts of this island; for preventing Island Act. the stealing or detaining of shipwrecked goods; for regulating the adjustment and payment of salvage to such persons as assist in preserving such ships, vessels, or goods. ISLD. [11th Dec., 1812.]

deliver up

ried away, a

search to be

offender

may be

gaol for six

53 Geo. III. c. 25, sec. 11.] It shall be lawful for any one or In case of more of his majesty's justices of the peace, upon information ever top made before him or them upon oath (which oath all justices are goods carhereby empowered to administer), of any part of the cargo or warrant of effects whatever, belonging to any ship or vessel lost or stranded issued, and upon any part of the coast of this island, being unlawfully eye comcarried or conveyed away or concealed in any house, outhouse. mitted to or other place, or of some reasonable cause of suspicion thereof, months. to issue his or their warrant or warrants for the searching of such house, outhouse, or other place, as in other cases of such stolen goods, and if the same shall be found in such house, outhouse, or other place, or places, or upon or in custody or possession of any person or persons not legally authorized or entitled to keep and withhold the same, and the owner or occupier of such house, outhouse, or other place, or the person or persons upon whom or in whose custody or possession the same shall be found, shall not immediately upon demand deliver the same to the lawful owner or owners thereof, or to such other person or persons as shall be lawfully authorized to demand the same, or shall not give a good account to the satisfaction of the said justice or justices, how he, she, or they became possessed thereof, it shall and may be lawful to and for such justice or justices, upon proof of such refusal, and he and they is and are hereby required to commit the said offender or offenders to the common gaol for the space of six months, or until he, she, or they shall have paid to such lawful owner or owners, or to the person or persons authorized to receive the same, treble the value of the goods or things so by him, her, or them unlawfully detained.

12. If any person or persons shall offer or expose to sale any goods or effects whatsoever belonging to any ship or vessel lost, stranded, thrown overboard, or cast on shore as aforesaid, and unlawfully taken away, or reasonably suspected to have been, then and in every such case it shall be lawful for the person or persons to whom the same shall be so offered for sale, or any

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