1850.

WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS.

Sched. G. 2. To the constable of

officers in the said parish of

and to all other

Whereas information was laid (or complaint was made) 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,) and it having been made to appear to me, upon oath, that E. F. of

at

in the said parish, labourer, was likely to give material evi-
dence on behalf of the (prosecutor), I did duly issue my sum-
mons to the said E. F. requiring him to be and appear on
o'clock in the forenoon of
the same day, at
before such justices of
the peace of the said parish as might then be there to testify
what he should know concerning the said A. B. or the matter
of the said information (or complaint): And whereas proof
hath this day been made before me, upon oath, of such sum-
mons having been duly served upon the said E. F. and of a
reasonable sum having been paid (or tendered) to him for his
costs and expenses in that behalf: And whereas the said E. F.
hath neglected to appear at the time and place appointed by
the said summons, and no just excuse hath been offered for
such neglect: These are therefore to command you to take the
said E. F. and to bring and have him on

at

o'clock in the forenoon, at before such justices of the peace for the said parish as may then be there, to testify what he shall know concerning the matter of the said information (or complaint).

Given under my hand, this

day of

in the year of our Lord, 18
in the parish aforesaid.

at

J. S.

G. 3.

WARRANT FOR A WITNESS IN THE FIRST INSTANCE.

Sched. G. 3. To the constable of cers in the parish of

and to all other peace offi

Whereas information was laid (or complaint was made) 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), and it being made to appear

(labourer), is likely to give material evidence on behalf of the

before me, upon oath, that E. F. of

445

Island Act.

1850.

(prosecutor) in this matter, and it is probable that the said 13 Vic. c. 35. É. F. will not attend to give evidence without being compelled so to do: These are therefore to command you to bring and have, the said E. F. before me, on o'clock in the forenoon, at

at

or before such other justices of the peace for the said parish as may then be there, to testify what he shall know concerning the matter of the said information or (complaint.)

Given under my hand, this

in the year of our Lord, 18

in the parish aforesaid.

day of

at

J. S.

G. 4.

COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN,
OR TO GIVE EVIDENCE.

To W. T. constable of

prison), at

in the said parish of Shed. G 4. and to the keeper of the (common gaol, or other

Whereas information was laid (or complaint was made) 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), and on E. F. now appearing
before me, such justice as aforesaid, on

at

and being required by me to make oath or
affirmation as a witness in that behalf, hath now refused so to
do (or being now here duly sworn as a witness in the matter
of the said information or complaint, doth refuse to answer
certain questions concerning the premises, which are now here
put to him), without offering any just excuse for such his
refusal: These are therefore to command you, the said consta-
ble, to take the said E. F. and him safely convey to the (com-
mon gaol, or other prison), at

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 E. F. into your custody in the said (common
goal, or other prison), and there imprison him for such his
duys, unless he shall,
contempt, for the space of

in the meantime, consent to be examined, and to answer con-
cerning the premises; and for your so doing this shall be your
sufficient warrant.

Given under my hand, this

in the year of our Lord, 18
in the parish aforesaid.

day of

at

J. S.

16 & 17 VIC. c. 107

British stat.

1853.

Justices may con

demn goods liable to forfeiture.

Service of

summons.

Penalty for

neglecting

to attend.

16 and 17 VIC. c. 107.] Customs' consolidation act.

BRIT. [1853.]

16 and 17 Vic. c. 107, sec. 274.] Any justice before whom any complaint or information under this or any other act relating to the customis, shall be judicially brought, may summon any person required as a witness wherever in the United Kingdom such person shall be or reside, to appear before him or any other justice or justices to testify what he shall know concerning the matter of such complaint or information; and if any person so summoned shall refuse or neglect to appear at the time and place appointed by such summons, and no just excuse shall be offered for such neglect or refusal, then, after proof upon oath or affirmation that such summons was duly served upon such person, either personally or by leaving the same at his last or usual place of abode, or on board any ship to which such person may belong, or who having appeared according to the exigency of such summons shall refuse to take oath, or, if a Quaker or other person having legal power to make affirmation, refuse to affirm, or shall refuse to give evidence or to answer according to the best of his knowledge and belief any legal questions required of him, such person shall for every such default or offence forfeit such sum not exceeding £50, as such justice shall see fit. (a)

FORM OF SUMMONS FOR WITNESSES.

To

You are hereby required personally to be and appear, on next ensuing at the hour of

of

in the

of

the day of
o'clock in the forenoon, at
before me, or such other of her majesty's justices of the peace
for the said
as may be then and there
present, to give evidence and testify the truth according to
your knowledge concerning the fact alleged in a certain inform-
ation exhibited against C. D. under the customs' consolidation
act, 1853, wherein fail not under the penalty therein provided.
Given under my hand and seal at
in the
this day of in the year of our Lord

(a) See INFORMATIONS. (Ante.)

VII. HEARING AND EVIDENCE.

6 and 7 WILL. IV. c. 114.] For enabling persons indicted of 6 & 7 WILL. felony, to make their defence by counsel or attorney.

BRIT. [20th August, 1836.]

IV. c. 114. British stat.

1836.

In cases of summary

6 and 7 Will. IV. c. 114, sec. 2.] In all cases of summary conviction, persons accused shall be admited to make their full conviction. answer and defence, and to have all witnesses examined and cross-examined by counsel or attorney.

Prisoners

4. All persons under trial shall be entitled at the time of entitled to their trial to inspect, without fee or reward, all depositions (or inspect copies thereof) which have been taken against them and returned on trial. into the court before which such trial shall be had.

depositions

c. 32.

6 WILL. IV. c. 32.] For the more effectual protection of 6 WILL IV. persons and property.

Island Act.

ISLD. [15th June, 1836.] 1836.

Justices

dication if

sider com

6 Will. IV. c. 32, sec. 13.] In case the justices shall find any shall abstain misdemeanor complained of under this act, to have been ac- from adjucompanied by any attempt to commit felony, or shall be of they conopinion that the complaint is from any other circumstance a fit plaint a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this act.

subject for prosecution.

7 WILL. IV. c. 36.] For consolidating and amending the laws 7 Wм. IV of this island relative to malicious injuries to property.

c. 36. 7 WM.IV. c. 40.

7 WILL. IV. c. 40.] For consolidating and amending the laws Island Acts. in this island relative to larceny and other offences connected 1838. therewith.

ISLD. [4th March, 1838.]

dence of

and of any

7 Will. IV. c. 36, sec. 26; 7 Will. IV. c. 40, sec. 59.] On The evithe prosecution of every offence punishable on summary con- party viction under these acts, the evidence of the party aggrieved aggrieved, shall be admitted in proof of the offence, and also the evidence inhabitant of any inhabitant of the parish [sec. 59], county, or parish in which admitted. the offence shall have been committed, notwithstanding any

of parish,

c. 36.

7 WILL IV. forfeiture or penalty incurred by the offence, may be payable to 7 WILL.IV. the use of the parish [sec. 59] to the general rate of such Island Acts. County or parish.

c. 40.

1837.

7 WM IV. & 1 Vic.

c. 36.

British stat.

1837.

Officers of the post office not

from being

7 WILL. IV. and 1 Vic c. 36.] An act for consolidating the laws relative to offences against the post-office.

BRIT. [12th July, 1837.]

7 Will. IV. and 1 Vic. c. 36, sec. 21.] Upon the trial or hearing of an information exhibited or complaint made under the postdisqualified office acts, any officer of the post-office shall be a competent witnesses. witness, notwithstanding that such officer may be the informant or complainant, or may be entitled to or expect a part of any pecuniary penalty, or any remuneration or reward on the conviction of an offender upon such information or complaint.

4 VIC. c. 11. Island Act.

1840.

4 Vic. c. 11.] For regulating hawking and peddling.

ISLD. [Nov. 27, 1840.]

4 Vic. c. 11, sec. 13.] The informer who shall prosecute for any penalty imposed by this act shall be a competent witness, notwithstanding such informer may be entitled to such part or proportion of such penalty on the conviction of the offender if the same shall be inflicted or laid, and in case of the non-payment of the same, then to be recovered as is hereinbefore provided.

5 VIC. c. 43. Island Act.

1842.

Justices

to examine

&c., not

ing their

5 VIC. c. 43.] To enlarge the powers of justices in determining complaints between masters and servonts.

[ISLD. 1842.]

5 Vic. c. 43, sec. 23.] The justices before whom any comempowered plaint shall be made for the non-payment of wages or for any employer, offence against the provisions of this act, may examine on oath withstand any employer or servant coming before them as complainant or claim to the defendant, and also any witness offered by either party, and any inhabitant of the parish in which the complaint shall be made notwithstanding any forfeiture or penalty may be payable to the use of such employer, servant, or parish; and such justices are hereby empowered to administer the necessary oaths to every such person or persons.

forfeiture.