Island Act. 1850. Certain reoognizance mitted to Justices. No bail in cases of treason but 13 Vic c. 24. committed to prison, and shall apply to any one of the visiting justices of such prison, or to any other justice of the peace for the same parish, before the first day of the sitting of the court at which he is to be tried, or before the day to which such court may be adjourned to be admitted to bail, such justice shall accordingly admit him to bail in manner aforesaid; and in all to be trans- cases where such accused person in custody shall be admitted to committing bail by a justice of the peace other than the committing justice or justices as aforesaid, such justice of the peace so admitting him to bail shall forthwith transmit the recognizance or recognizances of bail to the committing justice or justices, or one of them, or be by him or them transmitted with the examinations to the proper officer: Provided nevertheless, That no justice or justices of the shall admit peace any person to bail for treason, nor shall such person be admitted to bail except by order of her majesty's court, or by supreme court of judicature of this island, or a judge of the said court in vacation: Provided also, That when, in cases of misdemeanour, the defendant shall be entitled to a traverse at the next assizes or court of quarter-sessions, and shall not be entitled to bound to take his trial until the second assizes or court of quarter-sessions, in every such case the recognizance (S. 1) of bail shall be conditioned that he shall appear and plead at the next assizes, or court of quarter-sessions, and then traverse the indictment, and that he shall surrender and take his trial at such second assizes, or quarter-sessions, unless such accused party shall, before he enter into such recognizance, choose and consent to take his trial at such first assizes, or quarter-sessions, in which case the recognizance may be in the ordinary form hereinbefore mentioned. by order of the supreme a judge thereof in vacation. When de fendant is traverse. When jus to bail a commit of deliver 17. That in all cases where a justice or justices of the peace tice admits shall admit to bail any person who shall then be in any prison, person after charged with the offence for which he shall be so admitted to ment, a writ bail, such justice or justices shall send to, or cause to be lodged ance shall with, the keeper of such prison, a warrant of deliverance (S. 5) be sent, if under his or their hand or hands, requiring the said keeper to discharge the person so admitted to bail, if he be detained for no other offence; and upon such warrant of deliverance being delivered to or lodged with such keeper, he shall forthwith obey the same. not detained for any other offence. After exam completed, 20. At any time after all the examinations aforesaid shall inations have been completed, and before the first day of the assizes or defendant sessions, or other first sitting of the court at which any person copies of so committed to prison, or admitted to bail as aforesaid, is to be depositions. tried, such person may require and shall be entitled to have of entitled to and from the officer or person having the custody of the same copies of the depositions on which he shall have been committed or bailed, on payment of a reasonable sum for the same, not exceeding at the rate of 1s. 6d. for each folio of 160 words. 0. 1 RECOGNIZANCE TO PROSECUTE OR GIVE EVIDENCE. Be it remembered, that on the day of C. D. of in the year of our Lord in the parish of personally came before me, one of her majesty's justices of the peace for the said parish, Taken and acknowledged the day and the year first above mentioned at before me. J. S. CONDITION TO PROSECUTE. The condition of the within written recognizance is such : That whereas one A. B. was this day charged before me, J. S. justice of the peace within mentioned, for that (&c. as in the caption of the depositions): If therefore he the said C. D. shall appear at the next court of oyer and terminer, or general gaol delivery for the county of (or at the next court of general quarter sessions of the peace), to be holden in and for the (parish) of * and there prefer, or cause to be preferred, a bill of indictment for the offence aforesaid against the said A. B., and there also duly prosecute such indictment, then the said recognizance to be void, or else to stand in full force and virtue. CONDITION TO PROSECUTE AND GIVE EVIDENCE. Same as the last form to the asterisk, and then thus: "And there prefer or cause to be preferred, a bill of indictment against the said A. B. for the offence aforesaid, and duly prosecute such indictment, and give evidence thereon, as well to the jurors, who shall then inquire of the sail offence as also to them who shall pass upon the trial of the said A. B. then the said recognizance to be void, or else to stand in full force and virtue." 13 VIC. c. 24. Island Act. 1850. Sched. O. 1. 13 VIC. c. 24. Island Act. 1850. Sched. O. 2. CONDITION TO GIVE EVIDENCE. Same as the last form but one to the asterisk,* and then thus: "And there give such evidence as he knoweth, upon a bill of indictment to be then and there preferred against the said A. B. for the offence aforesaid as well to the jurors, who shall there inquire of the said offence, as also to the jurors who shall pass upon the trial of the said A. B. if the said bill shall be found a true bill, then the said recognizance to be void, or else to stand in full force and virtue." O. 2. NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE Take notice that you, C. D. of bound in the sum of are to appear at the next court of oyer and terminer, or general gaol delivery for and then and there (prosecute and) give evidence against A. B.; and unless you then appear there, and (prosecute and) give evidence accordingly, the recognizance entered into by you will be forthwith levied on you. Dated this P. 1. day of 184 J. S. COMMITMENT OF WITNESSES FOR REFUSING TO ENTER Sched. P. 1. To the constable of (common gaol or other prison) at and to the keeper of the in the Whereas A. B. was lately 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 summons to the witness), and it having been made to appear to (me), upon oath that E. F. of was likely to give material evidence for the prosecution (I) duly issued (my summons to the said E. F. requiring him to be and appear) before (me) on at or before such other justice or justices of the Island Act. 1850. peace as should then be there, to testify what he should know 13 Vic. c. 24. concerning the said charge so made against the said A. B. as aforesaid; and the said E. F. now appearing before (me), or being brought before (me) by virtue (of a warrant in that behalf to testify as aforesaid), hath been now examined by (me) touching the premises, but being by (me) required to enter into a recognizance, conditioned to give evidence against the said A. B., hath now refused so to do; These are therefore to command you the said constable, to take the said E. F. and him safely to carry to the (common gaol, or other prison) at in the said parish aforesaid, and there deliver him to the said keeper thereof, together with this precept, and I do hereby command you, the said keeper of the said (common gaol, or other prison), to receive the said Ě. F. into your custody in the said common gaol, or other prison, there to imprison, and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the mean time such E. F. shall duly enter into such recognizance as aforesaid, in the sum of pounds before some one justice of the peace for the said parish, conditioned Given under my hand, this in the parish aforesaid. day of at J. S. P. 2. SUBSEQUENT ORDER TO DISCHARGE THE WITNESS. To the keeper of the (common gaol or other prison) at day of Sched. P. 2. 13 VIC. c. 24. Island Act. 1850. until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter into such recognizance, as aforesaid: And whereas for want of sufficient evidence against the said A. B., the said A. B. has not been committed, or holden to bail for the said offence, but on the contrary thereof has been since discharged, and it is therefore not necessary that the said E. F. should be detained longer in your custody: These are therefore to order and direct you the said keeper to discharge the said E. F. out of your custody as to the said commitment and suffer him to go at large. Given under my hand, this in the year of our Lord in the parish aforesaid. day of at J. S. S. 1. RECOGNIZANCE OF BAIL. Sched. S. 1. Be it remembered that on the of in the year of our Lord day A. B. of and the said L. M. and N. O. the sumof 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 the said A. B. fail in the condition endorsed. Taken and acknowledged the day and year first above mentioned, at before us J. S. J. N. CONDITION IN ORDINARY CASES. The condition of the within written recognizance is such, that whereas the said A. B. was this day charged before (us), the justices within mentioned, for that (&c. as in the warrant): If therefore the said A. B. will appear at the next court of oyer and terminer, and general gaol delivery (or court of general quarter sessions of the peace), to be holden in and for the (county of, or parish of ) and there |