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Island Act.

day been charged before the undersigned (one) of her majesty's 13 Vic. c. 24. justices of the peace in and for the said parish of

for that (&c., as in the warrant to apprehend):
And whereas (I) have taken the deposition of C. D., a
witness examined by (me) in this behalf, but inasmuch as (1)
am informed that the principal witnesses to prove the said
offence against the said A. B. reside in the (parish) of C.
where the said offence is alleged to have been committed:
These are therefore to command you, the said constable, in her
majesty's name, forthwith to take and convey the said A. B.
to the said (parish) of C., and there carry him before some
justice or justices of the peace in and for that (parish), and
near unto the parish of
where the

offence is alleged to have been committed, to answer further to
the said charge before him or them, and to be further dealt
with according to law; And (I) hereby further command you,
the said constable, to deliver to the said justice or justices the
information in this behalf, and also the said deposition of C.
D., now given in your possession for that purpose, together
with this precept.

Given under my hand, this

in the year of our Lord

in the parish aforesaid.

day of

at

J. S.

1850.

16 and 17 VIC. c. 107.] The customs' consolidation act.

BRIT. [1853.]

[As to complaints and disputes between merchants and others and the officers of customs relating to the customs and the conduct of officers and others concerned therein.]

16 & 17 Vic. c. 107. British stat.

1853.

and exam

ducted by

sioners, sur

general, and

toms.

16 and 17 Vic. c. 107, sec. 38.] In any of the foregoing cases, Inquiries or whenever it shall be necessary for the commissioners of inations customs or their officers to institute any inquiry to ascertain the may be contruth or facts with respect to any employment or matter relating commisto any business under their management or control or incident veyors thereto, or the conduct of officers or persons employed therein, ther such inquiries shall and may be made or conducted by the com- cers of cusmissioners for the time being, or any one or more of them, or by any surveyor general, inspector general, collector or comptroller, or other officer of the customs, or by such person or persons as the commissioners of customs shall direct and appoint for that purpose; and when upon any such inquiry proof on oath shall oath may be required by the persons so conducting the same, such person tered. shall and may administer such oath to any person attending before him as aforesaid, and if any person so examined as a

be adminis

c. 107.

16 & 17 Vic. witness before such person shall be convicted of giving false British stat. evidence on his examination on oath before the person conducting such inquiry, every such person so convicted shall be 1853. deemed guilty of perjury, and shall be liable to the pains and convicted of penalties thereof.

Persons

making a false oath deemed guilty of perjury.

Power to summon witnesses.

Regulations for conduct

39. Upon any such inquiry or examination, it shall be lawful for the commissioners of customs, or any one or more of them, or for any such surveyor general, inspector general, collector, comptroller, or other officer of the customs, or persons so authorized or directed by the commissioners of customs to conduct such inquiry or examination, to summon any person required as a witness to appear before the said commissioners, inspector general, collector, comptroller, surveyor general, or other officer or person authorized to conduct such inquiry or examination, as the case may be, to attend on the hearing thereof at the time and place to be specified in such summons, to give evidence upon oath of the truth of any facts appertaining to such inquiry, or any other matter touching or relating thereto; and every person so summoned, having his reasonable expenses for such attendance, if required, tendered to him at the time of service of such summons, who shall neglect or refuse to appear according to the exigency thereof, or who having so appeared, shall refuse to take the oath, or shall refuse to give evidence, or to answer according to the best of his knowledge and belief, any question when thereunto required, shall for every such default or offence forfeit the sum of £20.

40. The commissioners of customs shall from time to time of inquiries make such rules and orders for the proper conduct of such inquiries as aforesaid as may be expedient, and as in their judgment shall be necessary or proper: and such rules and orders shall be observed on the conduct of such inquiries, until annulled or varied by the authority of the said commissioners.

VII. INQUESTS.

11 GEO. III. c. 15.

11 GEO. III. c. 15.] For settling the proceedings and fees of the Island Act. coroners of this island. (a) ISLD. [19th Dec. 1770.]

1770.

Preamble.

upon notice

11 Geo. III. c. 15, sec. 1.] Whereas by the laws and statutes of England, coroners are obliged under certain penalties to issue warrants for summoning jurors, and to take inquisitions on the bodies of all persons who shall die in gaol or be found dead in other places; which laws and statutes are in force in this island: And whereas the coroners of this island are subject and Coroner, liable to such penalties, Be it enacted, That upon any body being of a body found dead in any of the parishes in this island, the coroner of such being found parish shall upon the first notice or information thereof to him cause it to given, cause the body to be viewed, and an inquisition taken &c. thereon, agreeable to the laws of England in such case made and provided, and act in every matter and thing relative thereto, agreeable to such laws.

dead, to

be viewed,

58 GEO. III. c. 23.] For further regulating the duties of

coroner.

ISLD. [20th December, 1817.]

58 GEO. III. c. 23. Island Act.

1817.

ties omit

coroner,

58 Geo. III. c. 23, sec. 2.] Whereas it has frequently happened that coroners have neglected to perform the duties of their office within this island, and it has been found necessary more effectually to compel the holding inquests on the bodies of persons who die suddenly, or may be slain, drowned, wounded, or poisoned, or may die by any cause, or in any manner otherwise than according to the common course of nature, Be it Owners, &c., therefore enacted, That the owner, manager, or overseer of any of properproperty, who shall omit to inform the coroner of the parish ting to wherein such property is situate, or in the absence from home inform the or sickness of such coroner, any justice of the peace of such &c., of the parish, of the death of any person who may suddenly die, or be death of any slain, drowned, wounded, or poisoned, or may die by any cause be indicted or in any manner otherwise than according to the common in the Sucourse of nature, on such property, shall be indicted as and for Assize a misdemeanor, and on conviction thereof in the supreme or how punassize court, shall be subject to such punishment by fine or imprisonment, or both as the court may award: Provided, That Proviso. such fine shall not exceed the sum of £500 current money of this island, and such imprisonment shall not exceed the space of six months.

(a) As to fees, see 41 Geo. III. c. 13, Tit. CORONERS. (Ante.)

sudden

person, to

preme or

Court, and

ishable.

c. 23.

58 GEO. III. 2. The supervisor of every workhouse and the keeper of Island Act. every gaol who shall omit to inform the coroner of the parish wherein such workhouse or gaol is situate, or in the absence 1817. from home or sickness of such coroner, a justice of the peace of such parish, of the death of any person who may die in such gaol-keepers Workhouse or gaol, by any cause or in any manner whatsoever, subjected to shall be subject to such prosecution and punishment as is hereinpunishment before mentioned.

Supervisors

of workhouses and

the same

in case of neglect.

Persons

dying sud

be removed

or buried

within a

certain time

direction of

3. And whereas dead bodies of persons may sometimes be buried hastily so as to prevent inquiry into the manner by which such persons came to their deaths, Be it enacted, That no body denly not to of any person which may suddenly die, or be slain, drowned, wounded, or poisoned, or die by any cause or in any manner otherwise than according to the common course of nature, shall but by the be buried or removed in less than twenty-four hours after such coroner, &c. body shall have been found dead, unless it shall be ordered so to be by the coroner for the parish or justice of the peace acting in the absence of such coroner, and any person or persons burying or removing such body without its being so ordered, shall be subject to such prosecution and punishment as is hereinbefore mentioned, Provided nevertheless, That no body of any person who may die by any sort of death in any place of confinement other than a workhouse or gaol, shall be buried or removed until an inquest be held thereon, and any person or persons burying or removing such body as aforesaid shall be subject to such prosecution and punishment as is hereinbefore mentioned.

Proviso.

receive no

money

unless they

7. And whereas, it is necessary to make it the interest of all coroners to attend to the duties of their office personally, Be it Coroners to enacted, That no coroner shall receive any fee or mile money fee or mile unless he shall have held personally an inquest on the body for which such fee or mile money is charged, and unless he shows to the perform the magistrates and vestry the inquisition signed by all the jurors themselves. forming such inquest, that the body on which such inquest was held, was a fit subject for an inquest, and that the coroner himself held the same personally, and every magistrate and vestryman consenting to pay such coroner without his producing such inquisition is hereby made subject to the penalty of £100.

duties

8. And whereas, it has frequently happened that a full jury of twelve good and lawful persons could not be procured to How coro- form inquests, Be it enacted, That whenever any coroner cannot ners are to collect that number, he shall annex to the proceedings an affidavit twelve men of his having used his best endeavours to obtain a full jury, procured to but could procure the number only named in the inquisition.

act in case

cannot be

form a jury.

This act not to alter, &c.,

9. Nothing herein contained shall be construed to alter, vary, the laws of or annul any of the acts of this island, or the laws of England

c. 23.

respecting coroners and their duties, or any proceedings against 58 GRO. III them or touching their office, save and except as such acts and Island Act. laws or any parts thereof may be varied or altered by this act, but the same shall be and continue as heretofore in full force.

1817.

this island, or England, respecting

coroners and their duties, but

in certain respects.

8 GEO. IV c. 22.] For improving the administration of criminal 8 GEO. IV. justice in this island.

c. 22.

Island Act.

ISLD. [21st December, 1827.] 1827.

bind over

prosecute in

manslaugh

8 Geo. IV. c. 22, sec. 4.] Every coroner upon any inquisition Coroners to before him taken, whereby any person shall be indicted for man- parties to slaughter or murder, or as an accessory to murder before the appear or fact, shall put in writing the evidence given to the jury cases of before him, or as much thereof as shall be material, and shall ter, &c. have authority to bind by recognizance all such persons as know, or declare, any thing material touching the said manslaughter, or murder, or the said offence of being accessory to murder, to appear at the next supreme court, or either of the assize courts of this island, at which the trial thereof is intended to be, then and there to prosecute, or give evidence, against the party accused; and every such coroner shall certify and subscribe the same evidence, and all such recognizances and also the inquisition before him taken, and shall deliver the same to the clerk of the

crown.

coroner

discretion

5. If any justice or coroner shall offend in any thing contrary Justice or to the true intent and meaning of these provisions, the court to offending to whose officer any such examination, information, evidence, bail- be fined at ment, recognizance, or inquisition ought to have been delivered, of the court. shall upon examination and proof of the offence, in a summary manner set such fine upon every such justice or coroner as the court shall think meet.

Island Act.

5 WILL. IV. c. 29.] To consolidate the highway laws of this 5 WILL. IV. island. (a)

ISLD. [1845.]

1844.

5 Will. IV. c. 29, sec. 3.] Whenever it shall be judged necessary Manner of that new paths or roads of communication should be laid out from proceeding

(a) This act was repealed by a temporary act 14 Vic. c. 41, which itself expired on 31st Dec. 1852, and not being superseded by the subsequent

enactment, the act 5 Wm. IV., c. 29
(infra), and 6 Wm. IV., c. 13 (post),
again came in force.

when new

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