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III. COURTS OF SPECIAL OYER AND

TERMINER.'

5 and 6 EDW. VI. c. 11.] For the punishment of divers kinds 5&6 EDW of treason.

ENGL. [1552.]

VI. c. 11. English Act.

1552.

whom treasons of the

be tried.

5 and 6 Edw. VI. c. 18, s. 6.] If any of the king's subjects, denizens, or other, do commit or practise out of the limits of this realm, in any outward parts, any the offences which by this act are made, or heretofore now standing in force, have been, made treason: Then such treasons, whatsoever they be, or Before wheresoever they should happen, so to be done or committed, shall be enquired and presented by the oaths of twelve good and realm shall lawful men, upon good and probable evidence and witness, in such shire and county of this realm, and before such persons, as it shall please the king, his heirs or successors, to appoint by commission under his great seal, in like manner and form, as treasons committed within this realm have been used to of and presented: And, upon every indictment and presentment founden and made, of such treasons, and certified into the king's bench, like process and other circumstances shall be there made, and had, against the offenders, as if the same treason, so presented, had been lawfully found to be done and committed within the limits of this realm.

c. 13.

4 GEO. IV. c. 13.] For the more effectual punishment of treason, 4 Gro. IV treasonable conspiracies, and seditious meetings, for preventing the Island Act. administration of unlawful oaths, and for other purposes.2 ISLD. [December 11, 1823.]

The

1823.

governor may

issue a

4 Geo. IV. c. 13, s. 6.] Whereas it may be expedient that persons guilty of any of the crimes and offences in this act mentioned, shall be brought to a speedy trial; Be it enacted, That for trial of

1 See SEDITION-TREASON. (Post.) 2 These acts, 4 Geo. IV. c. 13, and 5 Wm. IV. c. 18, were passed, the one during slavery, and the other in the probationary interval between slavery and freedom, and may now be considered unconstitutional, because of their tendency in times of excitement to

supersede the functions of the ordinary
courts of law. Their provisions, how-
ever, have never been invoked, and the
acts themselves (as regards these courts),
although on the statute book, may be
held superseded by the judicial act, 3
Vic. c. 65. (Ante.)

special court

offences.

4 GEO. IV. when and as often as any person or persons shall be apprehended Island Act. and charged with having committed any or either of the crimes

c. 13.

1823.

5 WILL. IV. c. 18.

or offences hereinbefore mentioned, it shall and may be lawful for the governor, or person exercising the functions of governor, forthwith to issue his majesty's commission, under the great seal of this island, directed to the chief justice of this island, the judges of the court of vice admiralty of this island, provided such last mentioned judge be a barrister of at least five years' standing at the bar of this island, and to the several judges of the supreme and assize courts of this island, authorizing any three or more of them, of whom the chief justice, or the judge of the court of vice admiralty, being such barrister as aforesaid, shall be one, to proceed to inquire into, hear, try, and determine all and every the crimes and offences aforesaid, by such good and lawful persons as shall be returned before them by the provost-marshal, in whatsoever county such crimes and offences were committed; and the provost-marshal, having due notice of such commission, shall forthwith proceed to warn, summon, and return the like number of jurors, from each parish in the said county, as he is, by law, required to return for the grand or assize courts.

5 WM. IV. e. 18.] To enable the governor, or person exercising Island Act. the functions of governor, to issue special commissions of oyer and terminer, in certain cases.

1834.

Governor

empowered

to issue

missions

dient.

ISLD. [November 14, 1834.]

5 Wm. IV. c. 18, sec. 1.] Whereas doubts exist respecting the power of his excellency the governor, or the person executing special com- for the time being the functions of governor, to issue special comwhen expe- missions of oyer and terminer, by reason of the provisions of 31 Geo. II. c. 4, commonly called the dividing act: And whereas it is right that such doubts should be removed, and that the governor or person executing the functions of governor, should, for the public weal in cases of urgent necessity, have the power of issuing such special commissions: Be it enacted, That it shall and may be lawful for the governor, or person executing for the time being the functions of governor, to issue, under the broad stal of this island, special commissions of oyer and terminer, when and as often as to the said governor, or person for the time being executing the functions of governor, it may seem expedient, directed to the chief justice, or, in his absence the senior assistant judge of the supreme court of judicature, and such other persons as the governor, or person executing the functions of governor, may appoint: Provided always, That three shall form a quorum, of whom the chief justice, or senior assistant judge, shall be one.

Offences to be tried by jury.

2. It shall and may be lawful for the justices and commissioners, appointed by special commission, by virtue of this act, to inquire, by the oaths of good and lawful men of the county into

c. 18. 1834.

which such commission shall issue, of all crimes and offences 5 WILL. IV. mentioned in such commissions, which may have been committed Island Act. in such county before, as well as such as may be committed after, the passing of this act, and to hear and determine such crimes and offences aforesaid, and to cause to be done therein what to justice appertains, according to the laws and customs of this island.1

marshal and

court to

sittings by

5. The provost-marshal general and the clerk of the crown Provostshall, and they are hereby required, either by themselves or clerk of lawful deputies, to attend from day to day, during the sitting of supreme the court, to be held under and by virtue of any special com- attend mission issued under the authority of this act: Provided always, themselves That if the provost-marshal general, or the clerk of the crown, shall fail or neglect to give such attendance as aforesaid, he shall forfeit the sum of £500, to be recovered by attachment, to be issued by the supreme court, on the application of her majesty's attorney-general.

or deputies.

court may

6. It shall and may be lawful for the judges of the supreme Supreme court to withhold, if they shall think fit, the issuing of any withhold attachment for the recovery of any penalty incurred under this attachment.

act.

sions not to

7. No commission issued under and by virtue of this act shall Commisexpire by reason of the death or removal of the governor or abate by person executing the functions of governor, by whom such com- death or remission shall have been issued; but such commission shall governor. continue to be and remain in full force and effect for six months after such death or removal, unless revoked by the successor of such governor, or person executing the functions of governor.

8. No stamps shall be necessary to give validity to any commissions issued under, or other proceeding rendered necessary by this act.

1 Secs. 3 and 4, vide vol. ii. Tit. PROV.-MARSHAL.

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