Island Act. 1850. Proviso. Party ac cused may to bail on examination adjourned. 13 Vic. 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 justices as shall be there acting at the time appointed for 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, shall duly obey such order: Provided also, That instead of be admitted detaining the accused party in custody during the period for which he shall be so remanded, any one justice of the peace, 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 examination; and if such accused party shall not afterwards appear at the time and place mentioned in such recognizance, then the said justice, or any other justice of the peace who may then and there be present, upon certifying (Q. 4) on the back of the same to the recognizance the non-appearance of such accused party, may clerk of the 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. If party does not appear upon recognizance, justice may transmit peace. A person ed in one charge of an 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 examinations of the witnesses, and of committing the party accused, or admitting him to bail in such a case: Be it therefore enacted, That whenever a person shall appear, or shall be brought before a apprehend 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, wherein such justice or justices shall not have jurisdiction, it shall be lawful for such justice or justices, and he and they are hereby the former. required to examine such witnesses, and receive such evidence in proof of such charge as shall be produced before him or them within his or their jurisdiction; and if, in his or their opinion, such testimony and evidence shall be sufficient proof of the charge made against such accused party, such justice or justices shall thereupon commit him to the common gaol, or other prison for the county or parish 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 mitted in another, may be examined in And if evi dence deemed sufficient, may be committed to prison. Island Act. 1850. insufficient, brought justice in the latter him or them), and the witnesses by recognizance accordingly, as 13 Ve. 24. is hereinbefore mentioned; but if such testimony and evidence shall not, in the opinion of such justice or justices, be sufficient 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 evidence be witnesses as he shall have examined, by recognizance, to give to be evidence as hereinbefore is mentioned; and such justice or justices before the shall, by warrant (R) under his or their hand or hands, order such accused party to be taken before some justice or justices of parish. 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 Proviso. 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. (labourer) taken on (oath) said, before the undersigned, (one) of her majesty's justices of at (&c., This deponent C. D., on his (oath), saith as follows, (&c., stating the deposition of the witness as nearly as possible in 13 Vic. c. 24. Island Act. 1850. the words he uses. sign it.) When his deposition is complete let him oath saith as follows: (&c.) The above depositions of C. D. and E. F. were taken and sworn before me, at on the day and year above mentioned. Schedule N. N. J. S. STATEMENT OF THE ACCUSED. A. B. stands charged before the undersigned, (one) of her majesty's justices of the peace in and for the (parish) aforesaid, this of our Lord on at day of in the year , for that he, the said A. B., (&c., as in 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. the day and year Taken before me, at first above mentioned. Q. 1. WARRANT REMANDING A PRISONER. Sched. Q. 1. To the constable of J. S. and to the keeper of the (common gaol or other prison) at in the 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, (&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, Island Act. 1850. forthwith to convey the said A. B. to the (common guol or 13 Vic. e. 21. other prison) at in the said (parish), and there to deliver him to the keeper thereof, together with this precept, and I hereby command you, the said keeper to receive the said A. B. in your custody in the said (common gaol or other prison), and there safely keep him until the day of at instant, when I hereby command you to have him at o'clock in the forenoon of the same day, before me or before such other justice or justices of the peace for the said (parish) as may then be there, to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the mean time. Given under my hand, this in the year of our Lord day of at J. S. Q. 2. RECOGNIZANCE OF BAIL INSTEAD OF REMAND ON AN Be it remembered, That on the A. B. of in the year of our Lord labourer, L. M. of day of Sched. Q. 2. gentleman, and N. O. of , planter, personally came before me, one of her majesty's justices of the peace for the said (parish), and severally acknowledge themselves to owe to our lady the queen the several sums following, that is to say, the said A. B. the sum of and the said L. M. and N. O. the sum of each, of good and lawful money of this island, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said lady the queen, her heirs and successors, if he the said A. B. fail in the condition endorsed. Taken and acknowledged the day and year first above mentioned, at before me. Condition. J. S. The condition of the within written recognizance is such, that whereas the within bounden A. B. was this day (or on last past) charged before me, for that (&c., as in the warrant): And whereas the examination of the witnesses for the prosecution in this behalf is adjourned until instant. If, the day of 13 VIC c. 24. Island Act. 1850. instant at therefore, the said A. B. shall appear before me on the said Q. 3. NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO THE Take notice that you, A. B., of Sched. Q. 3. bound in the sum of are and your each, in sureties L. M. and N. O. in the sum of instant, at the day of 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 answer further to the charge made agaist you by C. D., and to be further dealt with according to law; and unless you, A. B., personally appear accordingly, the recognizance entered into by yourself and sureties will be forthwith levied on you and them. Dated this day of 18 J. S. Sched. Q. 4. Q. 4. CERTIFICATE OF NON-APPEARANCE TO BE ENDORSED ON THE RECOGNIZANCE. I hereby certify that the said A. B. hath not appeared at the time and place in the above condition mentioned, but therein hath made default, by reason whereof the within written recognizance is forfeited. J. S. R. WARRANT TO CONVEY THE ACCUSED BEFORE A JUSTICE OF Schedule R. To W. T., constable of officers in the said parish of Whereas A. B. of and to all other peace (labourer) hath this |