Island Act. 1850. know respecting the said charge, so made against the said A.B. 13 Vrc. c. 24. as aforesaid: And whereas proof hath this day been made before me, upon oath, of such summons having been duly served upon the said E. F.: And whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered for such neglect. These are therefore to command you to bring and have the said E. F. before me, on o'clock in the forenoon, at or before such other justice or justices of the peace for the same (parish) as may then be there, to testify what he shall know concerning the said charge so made against the said A. B. as aforesaid. Given under my hand, this at day of in the year of our Lord at in the parish aforesaid. J. S. L. 2. WARRANT FOR A WITNESS IN THE FIRST INSTANCE. To the constable of the said (parish) of and to all other peace-officers in Sched. L. 2. Whereas information hath been laid before the undersigned, (one) of her majesty's justices of the peace in and for the said (parish) of that (&c. as in summons), and it having been made to appear to (me), upon oath, that E. F. of (labourer) is likely to give material evidence for the prosecution, and that it is probable that the said E. F. will not attend to give evidence without being compelled so to do: These are therefore to command you to bring and have the said E. F. before me, on o'clock in the forenoon, at or before such other justice or justices of the peace for the same (parish), as may then be there, to testify what he shall know concerning the said charge, so made against the said A. B. as aforesaid. at Given under my hand, this the year of our Lord parish aforesaid. day of in 13 VIC. c. 24. Island Act. 1850. L. 3. WARRANT OF COMMITMENT OF A WITNESS FOR REFUSING Sched. L. 3. To the constable of mon gaol or other prison at of and to the keeper of the comin the said parish Whereas A. B. was lately charged before the undersigned, it having been made to appear to (me) upon oath, that E. F. at or before such other justice or justices of the peace aforesaid, and there deliver him to the said keeper thereof, Given under my hand, this the year of our Lord parish aforesaid. 16 & 17 VIC. c. 107. British stat. 1853. Service of subpœna. 16 and 17 VIC. c. 107.] The customs' consolidation act. BRIT. [1853.] 16 and 17 Vic. c. 107, sec. 294.] In any case where commissioners shall waive the right of issuing writ of capias, and c. 107. elect to proceed by subpœna, service of a copy of such subpoena, 16 & 17 Vic. either on the defendant personally or by leaving the same at his British stat. last-known place of abode, or on board any ship or vessel to 1853. which such defendant may belong or have lately belonged, shall be deemed to be sufficiently served. R 13 VIC. c. 24. Island Act. 1850. As to examination of witnesses. Justice to administer oath or VI. EXAMINATIONS. 13 VIC. c. 24.] As to persons charged with indictable offences. ISLD. [1st Feb. 1850.] 13 Vic. c. 2, sec. 10.] In all cases where any person shall appear or be 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 affirmation. shall, before such witness is examined, administer to such witness the usual oath, or affirmation, which such justice or Depositions justices shall have full power and authority to do; and if, upon of persons the trial of the person so accused as first aforesaid, it shall be died, or who proved by the oath or affirmation of any credible witness, that any person whose deposition shall have been taken as 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 his 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 thercof, unless it shall be proved that such deposition was not in fact signed by the justice purporting to sign the same. who have are absent, may in cer tain cases be read in evidence. fter examination of read over taken 11. After the examinations of all the witnesses, on the part the accused, of the prosecution as aforesaid, shall have been completed, the justice to justice of the peace, or one of the justices by or before whom depositions such examination shall have been so completed as aforesaid, shall, against him, without requiring the attendance of the witnesses, read or cause and caution 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 him as to any statement he may make. 66 Island Act. 1850. answer to the charge? You are not obliged to say anything unless 13 Vic. c. 24. 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." And whatever the prisoner shall then say in answer thereto, shall 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 sign the same: Provided always, That the said justice or justices, before such accused person shall and inform make any statement, shall state to him, and give him clearly to has nothing understand, that he has nothing to hope from any promise of fear from favour, and nothing to fear from any threat which may have either probeen 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 case 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. him that he to mises or examina deemed and no 12. The room or building in which such justice or justices Place where shall take such examinations and statement as aforesaid, shall tion is taken not be deemed an open court for that purpose; and it shall be not to be lawful for such justice or justices, in his or their discretion, to open court; 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 without justice or justices, if it appear to him or them that the end of consent of justice will be best answered by so doing. remain the justice. the justice from time to time, not eight days, 14. If, from the absence of witnesses, or from any other Power to reasonable cause, it shall become necessary or advisable to defer to remand the examination, or further examination, of the witnesses for any time, it shall be lawful to and for the justice or justices, exceeding 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 such 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 days only, verbally to order the constable or other person in whose custody justices may such party accused may then be, or any other constable or verbal person to be named by the said justice or justices in that for three remand by order. |