10 VIC. c. 7.] To abolish deodands. (a) ISLD. [December 14, 1846.] 10 VIC. C 7. Island Act. 1846. Deodands 10 Vic. c. 7.] Whereas the law respecting the forfeiture of chattels, which have moved to or caused the death of a man, and respecting deodands, is unreasonable and inconvenient, Be Preamble. it enacted, That there shall be no forfeiture of any chattel, for abolished, or in respect of the same having moved to or caused the death and the of a man, and no coroner's jury sworn to inquire upon of any dead body, how the deceased came by his death, shall death is find any forfeiture of any chattel which may have moved to or not be stated caused the death of the deceased, or any deodand whatsoever. (a) See CORONERS (Ante)-INDICTMENTS (Post). the sight value of the instrument by which caused need in indictment. VIII. RECOGNIZANCE OR BAIL. (a) Island Act. 13 Vic. c. 24.] As to persons charged with indictable offences. 13 Vic.c.24. ISLD. [Feb. 1, 1850.] 1850. justice to prosecutors recogni 13 Vic. c. 24, sec. 13.] It shall be lawful for the justice or Power to justices before whom any witness shall be examined as aforesaid, bind over to bind by recognizance (0. 1) the prosecutor, and every such and witwitness, to appear at the next court of oyer and terminer, or nesses by gaol delivery, or court of general or quarter sessions of the zance. peace, at which the accused is to be tried, then and there to prosecute, or to prosecute and give evidence, or to give evidence, as the case may be, against the party accused; which said (a) AS TO APPEARANCES AND BAIL IN ACTIONS FOR PENALTIES IN COURTS OF After the entry of an action and before the issue of a warrant the defendant may voluntarily appear and give bail, and thus avoid the expense consequent on the issue of process. An appearance alone without bail may be sufficient for the purpose of contesting a suit but in cases of the arrest of property or of the person, either the demand must be satisfied or competent bail given before the property or person is released from the arrest. In order to avoid unnecessary detention when the arrest is to take place at a distance from the court, a commission for taking bail is to accompany the warrant as an authority to the party serving the warrant to release the individual or the property on sufficient bail being given. Bail to answer action, and all bail bonds or recognizances are to be given in the following manner: The proctor who is to produce the sureties is to furnish the marshal, and also the adverse proctor, with the particulars, in writing, of the names of the proposed bail, their address and occupation; and the marshal having made due inquiry as to their sufficiency is to deliver his report thereon to the proctor proposing the bail, who is then to instruct the The registrar to prepare the bail bond. This It is competent to the adverse proctor to object to the proposed sureties, in which case the judge is immediately to decide on the validity of the objections. If the adverse proctor do not attend at the production of the sureties, the bail may be taken ex parte, upon an affidavit, to be prepared by the proctor producing them, that he has given twenty-four hours' notice in writing of their names, address, and occupation, which affidavit is to be left in the registry. Upon the execution of commissions to take bail the sureties must always justify their sufficiency before the commissioners by being sworn to an affidavit to be drawn by the registrar and annexed to the commission; and when bail is not taken by commission and the court orders the sureties to justify, a similar affidavit must be made. (Rules of Court of Vice Admiralty, 1132, sec. 9, 11, 41.) Vide also 16 & 17 Vic. cap. 107, page 271 post. COURT OF VICE ADMIRALTY. 1850. Recogni zance, de- positions, the court in Witnesses 13 Vic.e 24. recognizance shall particularly specify the profession, art, Island Act. mystery, or trade of every such person entering into or acknowledging the same, together with his Christian and surname, and the parish in which he resides; and the said recognizance, being duly acknowledged by the person so entering into the same, shall be subscribed by the justice or justices before whom the same shall be acknowledged, and a notice (O. 2) thereof, signed by the said justice or justices, shall at the same time be given to the person bound thereby; and the several recognizances so the officer of taken, together with the written information (if any), the which trial depositions, the statement of the accused, and the recognizance is to be had. of bail (if any), in every such case shall be delivered by the said justice or justices, or he or they shall cause the same to be delivered to the proper officer of the court in which the trial is to be had, before or at the opening of the said court, on the first day of the sitting thereof, or at such other time as the judge or justice who is to preside in such court in the said trial shall order and appoint: Provided always, That if any such witness shall refuse to enter into or acknowledge such recognizance as aforesaid, it shall be lawful for such justice or justices of the peace, by his or their warrant (P. 1) to commit him to the common gaol or other prison for the parish or county in which the accused party is to be tried, there to be imprisoned and safely kept until after the trial of such accused party, unless in the meantime such witness shall duly enter into such recognizance as aforesaid, before some one justice of the peace for the parish in which such gaol or other prison shall be situate: Provided nevertheless, That if afterwards, from want of sufficient evidence in that behalf or other cause, the justice or justices before whom such accused party shall have been brought, shall not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for such justice or justices, or any other justice or justices of the same parish, by his or their order (P. 2) in that behalf, to order and direct the keeper of such common gaol or other prison where such witness shall be so in custody, to discharge him from the same, and such keeper shall thereupon forthwith discharge him accordingly. refusing to enter into recogni zance may be committed. Proviso. Power to admit to 16. Where any person shall appear or be brought before a justices to justice of the peace charged with any felony, or with any assault bail persons with intent to commit any felony, or with any attempt to comwith felony mit any felony, or with obtaining, or attempting to obtain misdemean- property by false pretences, or with a misdemeanor in receivirg charged and certain ors. property stolen or obtained by false pretences, or with perjury, or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot or with assault in pursuance of a conspiracy to raise wages, or assault upon a peace officer in the execution of his duty, or upon any person acting in his aid, any 13 Vic. c. 24. 1sland Act. 1850. may admit cases after ment for or with neglect or breach of duty as a peace officer, or with misdemeanor for the prosecution of which the costs may be allowed out of the public funds of this island, such justice of the peace may, in his discretion, admit such person to bail upon his procuring and producing such surety or sureties as in the opinion of such justice will be sufficient to ensure the appearance of such accused person at the time and place when and where he is to be tried for such offence; and thereupon such justice shall take the recognizance (S. 1, 2) of the said accused person and his surety or sureties conditioned for the appearance of such accused person at the time and place of trial, and that he will then surrender and take his trial, and not depart the court without leave; and in all cases where a person charged with Justices any indicated offence shall be committed to prison to take his to bail in trial for the same, it shall be lawful at any time afterwards and the like before the first day of the sitting of the court at which he is to commitbe tried, or before the day to which such court may be adjourned trial. for the justice or justices who shall have signed the warrant for his commitment, in his or their discretion, to admit such accused person to bail in manner aforesaid; or if such committing justice or justices shall be of opinion that, for any of the offences hereinbefore mentioned, the said accused person ought to be admitted to bail, he or they shall, in such cases and in all other cases of misdemeanors, certify (S. 3) on the back of the warrant of commitment his or their consent to such accused party being bailed, stating also the amount of bail which ought to be required, it shall be lawful for any justice of the peace attending or being at the gaol or prison where such accused party shall be in custody, on production of such certificate, to admit such accused person to bail in manner aforesaid; or if it shall be inconvenient for the surety or sureties in such a case to attend at such gaol or prison to join with such accused person in the recognizance of bail, then such committing justice or justices may make a duplicate of such certificate (S. 4) as aforesaid, and upon the same being produced to any justice of the peace for the same parish, it shall be lawful for such last-mentioned justice to take the recognizance of the surety or sureties in conformity with such certificate, and upon such recognizance being transmitted to the keeper of such gaol or prison, and produced, together with the certificate on the warrant of commitment as aforesaid to any justice of the peace attending or being at such gaol or prison, it shall be lawful for such last-mentioned justice thereupon to take the recognizance of such accused party, and to order him to be discharged out of custody as to that commitment, as hereinafter mentioned; and where any Justice may person shall be charged before any justice of the peace with any bail persons indictable misdemeanour other than those herein before men- charged tioned, such justice, after taking the examinations in writing as misdemeanaforesaid, instead of committing him to prison for such offence, shall admit him to bail in manner aforesaid; or if he have been admit to with other ors. |