Island Act. 1851. contained, and the clerk of the peace shall make the like extracts 15 Vic. c. 3. and schedules of every such recognizance, as of recognizances forfeited in the sessions of the peace; and if the party not appearing shall apply by any person on his behalf to postpone the hearing of the charge against him, and the justice shall think fit to consent thereto, the justice shall be at liberty to enlarge the recognizance to such further time as he 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 recognizances for the appearance of the party before a justice shall be discharged without fee or reward. (a) (a) This act expires on the 31st of December, 1854. 10 & 11 VIC. c. 62. British stat. 1847. Power to summon witnesses. VI. SUBPOENAS-WITNESSES. 10 and 11 VIC. c. 62.] For the establishment of penal prisons. BRIT. [July 2nd, 1847.] 10 and 11 Vic. c. 62, sec. 14.] Any justice or justices of the peace may summon any witness to appear and give evidence before him or them upon any matter cognizable under this act, at a time and place appointed for hearing the information or complaint, and by warrant under his hand and seal or their hands and seals may require any person to be brought before him or them, who shall neglect or refuse to appear to give evidence at the time or place appointed in such summons, proof upon oath being first given of personal service of the summons upon the person against whom such warrant shall be granted; and such justice or justices may commit any person coming or brought before him or them, who shall refuse to give evidence, to any common gaol or house of correction, there to remain without bail or mainprize for any time not exceeding six calendar months, or until such person shall sooner submit himself to be examined, and in case of such submission the order of any such justice or justices shall be sufficient warrant for the discharge of such person. 1 VIC. c. 25. VIC. c. 25.] To regulate the costs of distress, levied for payment Island Act. of small rents, rates, and taxes. ISLD. [March 24th, 1838.] 1838. Witness to be summoned by justice at request of plaining penalty in case of neglect attend. 1 Vic. c. 25, sec. 4.] It shall be lawful for the justice at the request of the party complaining or complained against, to summon all persons as witnesses, and to administer an oath to party com them touching the matter of such complaint or defence against against, and it, and if any person or persons so summoned shall not obey such summons without any reasonable or lawful excuse, or refuse to be examined upon oath, or if a Quaker or Moravian, upon solemn affimation), then every such person so offending shall forfeit and pay a sum not exceeding forty shillings, to be ordered, levied, and paid in such manner and by such means and with such power of commitment as is herein directed as to such order and judgment to be given between the party or parties in the original complaint, excepting so far as regards the form of the order, and hereinafter provided for. 7 VIC. c. 25.] For making and maintaining a railway from 7 Vrc. c. 25. Kingston to Spanish Town. ISLD. [December 15th, 1843.] 7 Vic. c. 25, sec. 109.] If any person who shall be summoned as a witness to attend and give evidence before any justice or justices of the peace, touching any matter or fact contained or involved in or affecting any information or complaint for any offence committed against this act, either on the prosecutor, or on the part of the party summoned or accused, shall refuse or neglect to appear at the time and place to be for that purpose appointed, having been paid or tendered a reasonable sum for his costs and expenses without a reasonable excuse for his refusal or neglect, or appearing shall refuse to be examined upon oath, or (in the case of a Quaker on solemn affirmation,) to give evidence before such justice, then and in either of the said cases, every such person shall forfeit and pay any sum not exceeding ten pounds for every such offence. Islaud Act. 1843. pelling wit For com attend. sees to company witnesses. 110. In all actions, suits at law or in equity, and in all proceed- Clerk of the ings under this act, or otherwise for any claim or compensation may grant against, or for, or on behalf of the said company, and also in all releases to prosecutions commenced or instituted by or on behalf of the said company, and in all arbitrations, referees, and other proceedings in or consequent upon, or arising out of any such actions, quits, or proceedings, it shall be lawful for the clerk for the time being of the said company with the approbation of the said directors, and in the name of such clerk for and on behalf of the said company, to make, sign, seal, execute, and deliver such general or other releases as may be, or may be deemed necessary for the purpose of exonerating, releasing, and discharging any person who shall or may be produced as a witness in any such action, suit, prosecution, arbitration, reference, or other proceeding as aforesaid, from any clain or demand which may be necessary to be released by the said company, so as to qualify such person to give evidence as a witness in any such action, suit, prosecution, arbitration, reference, or other proceeding as aforesaid; and also to do, with the approbation aforesaid, any other act, matter, or thing in any such action, suit, prosecution, arbitration, reference, or other proceeding which any plaintiff or defendant may do in any action, suit, or prosecution, arbitration, or other proceeding, and every such release, act, matter, and thing, shall be valid and effectual in all respects and to all intents and purposes whatsoever, as if the same were made under the seal of the said company. 9 VIC. c. 12. Island Act. 1845. Justices authorized to summon witnesses. refusing to attend or 9 VIC. c. 12.] For raising a tax by a stamp duty. 9 Vic. c. 12, sec. 53.] It shall be lawful for any justice to summon any person to appear before him as a witness in any matter in which such justice shall have jurisdiction under the provisions of this act at a time and place mentioned in such summons, and to administer to him an oath to testify the truth Penalty for in such matter; and if any person who shall be summoned as a witness before any justice touching any offence committed against this act, or any matter in which such justice shall have jurisdiction by the provisions of this act, shall without reasonable excuse, refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be examined upon oath, or to give evidence before such justice, every such person shall forfeit a sum not exceeding £5 for every such offence. to give evidence. 13 Vie, c. 35. Island Act. 1850. Power to justices to summons attend and give evidence. 13 VIC. c. 35.] To facilitate the duties of justices of the peace. ISLD. [1st February, 1850.] 13 Vic. c. 35, sec. 7.] If it shall be made to appear to any justice of the peace, by the oath or affirmation of any credible witnesses to person, that any person within the jurisdiction of such justice is likely to give material evidence in behalf of the prosecutor, or complainant, or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of such information, or complaint, such justice may, and is hereby required, to issue his summons (G 1) to such person, under his hand, requiring him to be and appear at a time and place mentioned in such summons, before the said justice or before such other justice or justices of the peace for the same parish as shall then be there, to testify what he shall know concerning the matter If summons of the said information or complaint; and if any person, not obeyed, so summoned, shall neglect or refuse to appear at the time issue war- and place appointed by the said summons, and no just justice to rant, excuse shall be offered for such neglect or refusal, then, after proof upon oath or affirmation of such summons having been served upon such persons, either personally, or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum was paid or tendered to him for his costs and expenses in that behalf, it shall be lawful for the justice or justices before whom such person should have appeared, to issue a warrant (G 2) under his or their hands, to bring and have such person at a time and place to be therein Island Act. cases the issue the appearing mons, &c., be ex mentioned before the justice who issued the said summons, 13 Vic c. 35. or before such other justice or justices of the peace for the same parish as shall then be there, to testify as aforesaid and 1850. which said warrant, may, if necessary, be backed as herein before or in certain is mentioned, in order to its being executed out of the jurisdic- justice may tion of the justice who shall have issued the same; or, if such warrant in justice shall be satisfied, by evidence upon oath or affirmation, instance. that it is probable that such person will not attend to give evidence, without being compelled so to do, then, instead of issuing such summons, it shall be lawful for him to issue his warrant (G 3) in the first instance, and which, if necessary, may be Pers backed as aforesaid; and if on the appearance of such person so on sum. summoned before the said last mentioned justice or justices, and refusing either in obedience to the said summons, or upon being brought to before him or them by virtue of the said warrant, such person may be shall refuse to be examined upon oath or affirmation concerning the premises or shall refuse to take such oath or affirmation, or having taken such oath or affirmation shall refuse to answer such questions concerning the premises as shall then be put to him, without offering any just excuse for such refusal, any justice of the peace then present and having there jurisdiction, may by warrant (G 4), under his hand, commit the person so refusing to the common gaol, or other prison for the parish, where such person so refusing shall then be, there to remain and be imprisoned for any time not exceeding seven days, unless he shall, in the meantime, consent to be examined and to answer concerning the premises. amined, committed. G. 1. SUMMONS OF A WITNESS. in the said parish of To E. F. of for that (&c. as in the summons), and it hath been made to o'clock in the forenoon, at at before such justices of the peace for the said parish as may of at Given under my hand, this day in the year of our Lord, 18 J. S. Sched G. 1, |