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7 VIC. e. 14. Island Act.

1843.

Gamblinghouses.

IV. SEARCH-SEIZURES. (a)

7 VIC. c. 14.] For the maintenance of good order in towns and

communities.

ISLD. [December 28th, 1843.]

7 Vic. c. 14, sec. 12.] For the more effectual prevention and suppression of all gambling houses and gaming, Be it enacted, that if two or more persons shall make oath in writing, to be by them taken and subscribed before any magistrate, which oath such magistrate is hereby empowered to administer and receive, that any house or room, or any place, in any parish of this island, is kept and used as a common gaming house, or that any parties have assembled or are to assemble in any house, premises, or other place, for the purpose of gambling, it shall be lawful for the said magistrate and any other magistrate or magistrates to be associated with him for that purpose by order, in writing, to authorize any constable or constables to enter into any such house, room, or other place, whether by day or by night, with all necessary assistants (and if required to use force for the purpose of effecting such entry, whether by breaking open the door or otherwise), and to take into custody all persons found therein, and to seize all tables and instruments of gaming, and all monies and securities for money, found in such house, room, or other place; and to take and carry every person and all instruments of gambling and monies so found before such magistrate signing the said order, or any two magistrates of the same parish.

11 VIC. c. 2.

11VIC. c. 14.] In aid of the act for the maintenance of order in Island Act. towns and communities. ISLD. [December 28th, 1847.]

1847.

Justices

gambling

entered.

11 Vic. c. 14, sec. 2.] For more effectual suppression of gaming, may order and for restraining the idle congregation of persons in dishouses to be orderly houses, and in lone and unfrequented places, it shall and may be awful for any justice of the peace, on two or more persons making oath that in any house, or room, or place in any parish of this island, is a place of common resort for idle, low, and disorderly persons, to order the said house or premises to be entered by any constable or constables, and it shall be lawful for found there the said constable or constables to take into custody all persons sureties for found therein, and take and carry the said person or persons viour, or in before such justice of the peace signing the said order, or before

Disorderly

persons

in to find

good beha

(a) See INDICTABLE OFFENCES. (Ante.)

any

Island Act.

1847.

be com

gaol.

may appre

sons found

yards or un

gambling.

any two justices of the parish in petty session assembled, who, 11 Vic. c. 2. upon the evidence, on oath, of two witnesses, that the said person or persons, found in such disorderly place as aforesaid, is or are known to be loose and idle person or persons, subsisting without default to visible means of livelihood, to require such person or persons mitted to to find sureties for his, her, or their good behaviour for three calendar months; or in default of such sureties, to commit the said person or persons to the common gaol till such sureties be found, or to be detained till the next court of quarter sessions, if the same shall be within the period of such said three calendar months, then to be discharged on his, her, or their own sureties: and it shall be lawful for any constable or constables on view of Constables any loose, idle, and disorderly persons congregated and assem- hend perbled in any open yard, or in any lone and unfrequented place, or in open by-path, or thoroughfare, for the purpose of playing at any frequented unlawful games, or dicing, or carding, to apprehend and take places into custody any person or persons so found congregated and assembled: and it shall be lawful for any justice of the peace, on the proof on oath of any such constable or constables, or any other person or persons, that the person or persons brought before him was or were so found assembled for the purpose of playing at any unlawful games, or dicing, or carding, to require sureties for good behaviour for three calendar months; and in default to be committed to the common gaol till such sureties be found, or to be detained till the next court of quarter sessions as aforesaid, and to be discharged on his, her, or their own sureties; but if the said constable or constables apprehending and taking into custody such person or persons as aforesaid, found in any disorderly house, room, or place as aforesaid, or in any open yard, lone and unfrequented place, by-path, or thoroughfare, as aforesaid; or if any other person or persons shall prove on oath that the Justices, said person or persons so taken into custody was or were actually of other pergaming, or conducting, managing, or concerned in any game convict perwith cards or dice, or other device for gaming, though he shall sons gamnot be able to prove that the person or persons found playing at inflict a fine any games in such places was or were playing for any money, sonment. wager, or stake, it shall and may be lawful for two or more justices of the peace, before whom proof thereof shall be made, to convict the person or persons as loose, idle, and disorderly persons, and to sentence him, her, or them, to any fine not exceeding sixty shillings, or to imprisonment in the nearest district, or other prison, there to be kept with or without hard labour, for any period of time, not exceeding thirty days; or it be lawful for the said justices to convict the said person or persons so convicted to imprisonment as aforesaid, without imposing any pecuniary penalty in the first instance, if they shall so think fit.

may

upon oath

sons, may

bling, and

or impri

6 VIC. c. 59. Island Act.

1842.

Constables

may take

offenders

alter nine

o'clock.

V. COMMITTAL-BAIL.

6 VIC. c. 59.] For regulating the police of Port Royal.
ISLD. [1832.]

6 Vic. c. 19, sec. 42.] In case any person or persons punishable bell for such on summary conviction under this act, shall be delivered into, or be in such custody at such police station, or lock-up house as aforesaid, without warrant, after the hour of nine o'clock at night, it shall and may be lawful for such constable, police constable, or keeper, if he shall deem it prudent and proper, to take bail, by recognizance, with or without surety, and without any fee or reward, from such persons, conditioned for his or her appearance for examination before two justices of the peace of the said parish at the usual place of meeting for business of the justices of the peace in the said town, and at such earliest time then next after, when such justices shall or may be in attendance, and thereupon to discharge from his custody the person so charged or offending, and every recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for estreating thereof, as if the same had been taken before a justice of the peace, and the name, residence, or occupation of the party, and his surety or sureties, if any, entering into such recognizance, together with the condition thereof, and the sums respectively acknowledged, shall be entered in a book to be kept for that purpose, which shall be laid before such justices as shall be present at the time and place when and where the party is required to appear; and if the party do not appear at the time and place required, or before the termination of the sitting of the justices, the justices shall cause a record of the recognizance to be drawn up, and shall return the same to the next general or quarter-sessions for the parish of Kingston, with a certificate at the back thereof, signed by such justices, that the party or parties have not complied with the obligation therein contained; and the clerk of the peace of the said parish of Kingston shall make the like extracts and schedules of every such recognizance, as of recognizances forfeited in the sessions of the peace, and the justices of the peace shall and may, immediately after such default in attendance as aforesaid, issue his or their warrant for the apprehension of the offender to answer the charge, or give evidence, as the case may be, and if the party, not appearing, shall apply, by any person on his behalf, to postpone the hearing of the charge against him or her, and the justices shall think fit to consent thereto, the justices shall be at liberty to enlarge the recognizance to such further time as they shall appoint, and when the matter shall be heard and determined, either by the dismissal of the complaint or by binding the party over to answer the matter thereof at the sessions or otherwise,

the recognizance or recognizances for the appearance of the party or parties before the justices shall be discharged, without fee or reward.

Vic. c. 59. and act.

1842.

7 Vic. c. 14.] For the maintenance of good order in towns and 7 Vic. c. 14. communities.

ISLD. [December 1st, 1843.]

Island Act.

1843.

custody may

7 Vic. c. 14, sec. 17.] When any person, charged by any other Parties in person with any misdemeanor punishable on summary conviction give his under the provisions of this act, shall be, without warrant, in the own bail. custody of any serjeant or police constable at any station house after the hour of six o'clock in the evening, it shall be lawful for the serjeant or police constable in charge of the station-house to require the person making such charge to enter into a recognizance, without sureties, conditioned as hereinafter mentioned; and upon his or her refusal so to do, it shall be lawful for such serjeant or police constable to detain the person making such charge until he comply, or until he can be brought before a magistrate; and, if he shall deem it prudent, to discharge from custody the person so charged, upon his entering into recognizances, with or without sureties, conditioned as hereinafter mentioned.

zance so

18. Every recognizance so taken shall be without fee or No fees on reward, and shall be conditioned for the appearance of the person recogni thereby bound, before a magistrate of the parish in which such taken. station-house shall be situated at the time and place of the next court, and the time and place of appearance shall be specified in the recognizance; and the serjeant or police constable shall enter in a book, to be kept for that purpose by them respectively, the name, residence, and occupation of the party, and his surety or sureties (if any) entering into such recognizance, together with the condition thereof and the sum thereby acknowledged, and shall return every such recognizance to the magistrates present at the time and place when and where the party is bound to appear, or to some other magistrates of the same parish, within twenty-four hours after taking such recognizance, and in the event of a Sunday intervening, within forty-eight hours thereafter.

recogni

be forfeited.

18. If the party shall not appear at the time and place required, Parties not or before the termination of the sitting, the magistrates shall appearing, certify, on the back of such recognizance, that the party has zance may not complied with the obligation therein contained; and the clerk of the peace shall make the like estreats of every such recognizance as of other recognizances which have been forfeited in the

Island Act.

1843.

7 Vic. c. 14. sessions of the peace; and the magistrates shall immediately issue a warrant for the apprehension of the offender to answer the charge, or to give evidence, as the case may be, and if the party not appearing shall apply by any person on his behalf to postpone the hearing of the charge, and the magistrate shall think fit, with the consent of the sureties thereto, they shall be at liberty to enlarge the recognizance to such further time as they shall appoint; and when the matter shall be heard and determined, either by the dismissal of the complaint or conviction of the defendant, or by binding the parties over to prosecute and answer the matter thereof at the sessions or otherwise, the recognizances for the appearance of the parties before the magistrates shall be discharged without fee or reward.

15 VIC. c. 3. Island Act.

1851.

Parties charged with misdemeanors

and petty

brought

without

warrant into

or sergeants, may in the absence of a justice be

admitted to bail by in

sergeants.

17 VIC. c. 3.] To organize a general police and constabulary force. ISLD. [December, 1851.]

15 Vic. c. 3, sec. 28.] When any person charged with any misdemeanor, or petty larceny, shall be brought without the warrant of a justice of the peace into the custody of any inspecfelonies, and tor or sergeant of police, appointed under this act, it shall be lawful for such inspector or sergeant if he shall deem it prudent, custody of (provided the attendance of the justice of the peace before whom inspectors the party charged with such misdemeanor or petty larceny, is to be taken for examination, on such charge cannot be procured within twenty-four hours,) to take bail by recognizance without any fee or reward from such person, conditioned that such spectors or person shall appear for examination before a justice of the peace at some place, to be specified in the recognizance, and at such earliest time then next after, when such justice of the peace shall be in attendance; and every recognizance so taken, shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for estreating thereof as if the same had Recogni- been taken before a justice of the peace; and the name, resientered in a dence, and occupation of the party, and his surety or sureties, if laid before any, entering into such recognizance together with the condition the justices. thereof, and the sum respectively acknowledged shall be entered in a book kept for that purpose, which shall be laid before such justices as shall be present at the time and place when and where the party is required to appear; and if the party do not appear at the time and place required the justice shall cause a record of the recognizance to be drawn up and shall return the same to the next general or quarter-sessions, for the parish or precinct in which the offence charged should be brought for trial, with a certificate at the back thereof signed by such justice, that the party or parties have not complied with the obligation therein

zances to be

book, and

If party do a record of zance to be returned to

not appear,

recogni

quarter sessions.

Proceedings thereon.

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