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An to examination of witnesses.

Justice to administer oath or

adit-illation.

Depositions of persons wltti have died, or who arc absent, may In certain cases be read in evidence.

13 Vic. c. 2, sec. 10.] In all cases where any person shall appear or he brought before any justice or justices of the peace charged with any indictable offence committed within this island, or whether such person appear voluntarily upon summons, or have been apprehended with or without warrant, or be in custody for the same, or any other offence, such justice or justices, before he or they shall commit such accused person to prison for trial, or before he or they shall admit him to bail, shall, in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement (M) on oath, or affirmation, of those who shall know the facts and circumstances of the case, and shall put the same into writing; and such depositions shall be read over to, and signed respectively by, the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same; and the justice or justices before whom any such witness shall appear to be examined as aforesaid shall, before such witness is examined, administer to such witness the usual oath, or affirmation, which such justice or justices shall have full power and authority to do; and if, upon the trial of the person so accused as first aforesaid, it shall be proved by the oath or affirmation of any credible witness, that any person whose deposition shall have been taken aa aforesaid, is dead, or so ill as not to be able to travel, and if also it be proved that such deposition was taken in the presence of the person so accused, and that he, or bis counsel or attorney, had a full opportunity of cross-examining the witness, then if such deposition purport to be signed by the justice by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution, without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the justice purporting to sign the same.

I fter examination of t lie accused, justice to road over depositions taken

againsthim, and camiun Mm aj to any statement he may make.

11. After the examinations of all the witnesses, on the part of the prosecution as aforesaid, shall have been completed, the justice of the peace, or one of the justices by or before whom such examination shall have been so completed as aforesaid, shall, without requiring the attendance of the witnesses, read or cause to be read to the accused, the depositions taken against him, and shall say to him these words, or words to the like effect:— "Having heard the evidence, do you wish to say any thing in answer to the charge? You are not obliged to say anything unless "^'J^jJ4you desire to do so; but whatever you say, will be taken down in _*~^-^ writing, and may be given in evidence against you upon your trial." 18MAnd whatever the prisoner shall then say in answer thereto, 6hall be taken down in writing (N), and read over to him, and shall be signed by the said justice or justices, and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned; and afterwards, upon the trial of the said accused person, the same may, if necessary, be given in evidence against him, without further proof thereof, unless it shall be proved that the justice or justices purporting to sign the same did not in fact 6ign the same: Provided always, That the said justice or justices, before such accused person shall An<i tnium make any statement, shall state to him, and give him clearly to nothing understand, that he has nothing to hope from any promise of %£%££ favour, and nothing to fear from any threat which may have ei\h" ',ro been holden out to him, to induce him to make any admission threats. or confession of his guilt; but that whatever he shall then say may be given in evidence against him upon his trial, notwithstanding such promise or threat; Provided nevertheless, That Proviso. nothing herein enacted or contained shall prevent the prosecutor in any ease from giving in evidence any admission, or confession, or other statement of the person accused or charged, made at any time, which by law would be admissible as evidence against such person.

12. The room or building in which such justice or justices Place where shall take such examinations and statement as aforesaid, shall tjonulaken not be deemed an open court for that purpose; and it shall be SStrraSa** lawful for such justice or justices, in his or their discretion, to°p°nc<rart; order that no person shall have access to, or be, or remain in, person to such room or building, without the consent or permission of such ^Thout justice or justices, if it appear to him or them that the end of ^J",TM'^ justice will be best answered by so doing.

14. If, from the absence of witnesses, or from any other p»wer t0 reasonable cause, it shall become necessary or advisable to defer to mnnnd the examination, or further examination, of the witnesses for ["umeTnot any time, it shall be lawful to and for the justice or justices, "^Jj1* before whom the accused shall appear, or be brought by his or by warrant. their warrant (Q. 1) from time to time to remand the party accused, for such time as by sucli justice or justices in their discretion shall be deemed reasonable, not exceeding eight clear days, to the common gaol or other prison or place of security in the parish or county for which such justice or justices shall then be acting; or if the remand be for a time not exceeding if remand three clear days, it shall be lawful for such justice or justices d°ay"'0TM. verbally to order the constable or other person in whose custody justices may such party accused may then be, or any other constable or wAai } person to be named by the said justice or justices in thatorder'

is vir.c.24. behalf, to continue or keep such party accused in his custody, .^*^-*^ and to bring him before the same or such other justice or i85o. justices as shall be there acting at the time appointed for ProTi»o. continuing such examination: Provided always, That any such justice or justices may order such accused party to be brought before him or them, or before any other justice or justices of the peace for the same parish, at any time before the expiration of the time for which such accused party shall be so remanded, and the gaoler or officer, in whose custody he shall then be, Party »c- shall duly obey such order: Provided also, That instead of be'admitfed detaining the accused party in custody during the period for 'lam'na" which he shall be so remanded, any one justice of the peace, '■'""irf before whom such accused party shall so appear, or be brought as aforesaid, may discharge him upon his entering into a recognizance (Q. 2, 3) with or without a surety or sureties, at the discretion of such justice, conditioned for his appearance at the time and place appointed for the continuance of such examiK party nation; and if such accused party shall not afterwards appear app'aVupon at tlie time and place mentioned in such recognizance, then the mucous- 8a'^ justice, or any other justice of the peace who may then ticcmay and there be present, upon certifying (Q. 4) on the back of the

transmit . ', 'v '? i_ J

mme to the recognizance the non-appearance or such accused party, may peace."'"" transmit such recognizance to the clerk of the peace of the parish within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances; and such certificate shall be deemed sufficient prima facie evidence of such non-appearance of the said accused party.

15. And whereas it often happens that a person is charged

before a justice of the peace with an offence alleged to have been

committed in another parish than that in which such person has

been apprehended, or in which such justice has jurisdiction, and

it is necessary to make provision as to the manner of taking the

examinationsof the witnesses, and of committing the party accused,

or admitting him to bail in such a case: Be it therefore enacted,

A person That whenever a person shall appear, or shall be brought before a

ej^on"'1' justice or justices of the peace in the parish wherein such justice

parish on or justices shall have jurisdiction, charged with an offence alleged

offence com- to have been committed by him in any parish within this island,

an'ti>er,n wherein such justice or justices shall not have jurisdiction, it shall

maybe jjc lawful for such justice or justices, and he and they are hereby

examined in ,, . J . . J '. . i • i •

the former, required to examine such witnesses, and receive such evidence in proof of such charge as shall be produced before him or them Andifcvi- witliinhisor their jurisdiction; and if, in his or their opinion, deemed 8ucn testimony and evidence shall be sufficient proof of the charge •uffleient, made against such accused party, such justice or justices shall

may In' com- ^* i. •/ * ** v

muted to thereupon commit him to the common gaol, or other prison for

prison. t|ie countv or par;sh where the offence is alleged to have been

committed, or shall admit him to bail as hereinafter mentioned,

and shall bind over the prosecutor (if he have appeared before him or them), and the witnesses by recognizance accordingly, ns uvu c.a. is hereinbefore mentioned; but if such testimony and evidence J^-^Lshall not, in the opinion of such justice or justices, be sufficient 1S3°to put the accused party upon his trial for the offence with which And if is he so charged, then such justice or justices shall bind over such °n»uffldoilt; witnesses as he shall have examined, by recognizance, to give|°be evidence as hereinbefore is mentioned; and such justice or justices before tho shall, by warrant (R) under his or their hand or hands, order ihl'laue" such accused party to be taken before some justice or justices of P*"*11, the peace in and for the parish where the offence is alleged to have been committed, and shall, at the same time, deliver the information and complaint, and also the depositions and recognizance so taken by him or them to the constable or other officer who shall have the execution of such last-mentioned warrant, to be by him delivered to the justice or justices before whom he shall take the accused, in obedience to the said warrant, and which said depositions and recognizances shall be deemed to be taken in the case, and shall be treated, to all intents and purposes, as if they had been taken by or before the said last-mentioned justice or justices; and shall, together with such depositions and recognizances as such last-mentioned justice or justices shall take in the matter of such charge against the said accused party, be transmitted to the clerk of the court where the said accused party is to be tried, in the manner and at the time hereinbefore mentioned, if such accused party shall be committed for trial upon the said charge, or shall be admitted to bail: Provided provuo. always, That if such last-mentioned justice or justices shall not think the evidence against such accused party sufficient to put him upon his trial, and shall discharge him without holding him to bail, every such recognizance, so taken by the said first-mentioned justice or justices as aforesaid, shall be null and void.

M.

DEPOSITIONS OF WITNESSES.

To wit:

The examination of C. D. of (planter) schedule M.

and E. F. of {labourer) taken on (oath)

this day of in the year of our

Lord at iji the parish afore

said, before the undersigned, (one) of her majesty's justices of
the peace for the said (parish), in the presence and hearing of
A. B., who is charged this day before (me), for that he the
said A. B., on at ($"c->

descrilring the offence as on a warrant of commitment.)

This deponent C. D., on his (oath), saith as follows, ($~c, stating the deposition of the witness as nearly as possible in ]3vic.cm. the words he uses. When his deposition is complete let him

I'l.tml Art. . . A I I 1 . "■"* T~l I •

^r-s^^, sign it.) And this deponent hi. t. upon his

IBM. oath suith as follows: (iff.)

The above depositions of C. D. and E. F. were taken and sworn before me, at on the day and year above

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N.

STATEMENT OF THE ACCUSED.

schedule N. A. B. stands charged before the undersigned, (one) of Iter

majesty's justices of the peace in and for t/te (parish) aforesaid, this day of in the year of our Lord ,for that he, the said A. I J., on at ($"c-> °* *n the caption of the depositions), and the said charge being read to the said A. B., and the witnesses for the prosecution C. D. and E. F. being severally examined in his presence, the said A. B. is now addressed by me, as follows:—" Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial." Whereupon the said A. B. saith as follows:

(Here state whatever the prisoner may say, and in his very words, as nearly as possible. Get him to sign it, if he will.)

A. B. Taken before me, at , the day and year

first above mentioned.

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Q. l.

WARRANT REMANDING A PRISONER.

s«hcd. g. i To the constable of and to the keeper of the

(common gaol or other prison) at in tfie

said parish of

Whereas A. B. was this day charged before the undersigned, (one) of her majesty's justices of the peace in and for the said (parish) of for that, (Sf'c, as in

the warrant to apprehend), and it appears to me to be necessary to remand the said A. B: These are therefore to command you the said constable, in her majesty's name,

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