No. 3. Act 11 Vic. c. 25. Corporal punishment may be inflicted on male persons under fourteen years of age marily of lar convicted sum offenders being proceeded against in a more summary manner than Justices. After conviction or acquittal proceedings final. II. That any two or more Justices of the Peace, before whom Jurisdiction of any such persons, as aforesaid, charged with any offence made punish- two or more able under this Act, shall be brought or appear, are hereby authorized to hear and determine the case under the provisions of this Act. III. That every person who shall have obtained such certificate of dismissal as aforesaid, and every person who shall have been convicted under the authority of this Act, shall be released from all further or other proceedings for the same cause. IV. And for the more effectual prosecution of offences punish- Mode of proable upon summary conviction by virtue of this Act, Be it enacted, That where any person whose age is alleged not to exceed fourteen years, shall be charged with any such offence, on the oath of a credible witness, before any Justice of the Peace, such Justice may issue his summons or warrant to summon or to apprehend the person so charged to appear before any two Justices of the Peace, at a time and place to be named in such summons or warrant. ceeding. No. 3. Act 11 Vic. c. 25. Persons accused may be remanded for further exami 4. That any Justice or Justices of the Peace, if he or they shall think fit, may remand for further examination, or for trial, or suffer to go at large upon his or her finding sufficient surety or sureties, any such person, as aforesaid, charged before him or them with any such offence, as aforesaid, and every such surety shall be bound by recognizance, to be conditioned for the appearance of such person before the same or some other Justice or Justices of the Peace, nation or trial. for further examination, or for trial before two or more Justices of the Peace, or for trial at some Superior Court, as the case may be ; and every such recognizance may be enlarged, from time to time, by any such Justice or Justices to such further time as he or they shall appoint, and every such recognizance which shall not be enlarged shall be discharged without fee or reward, when the party shall have appeared according to the condition thereof. Appropriation of fines. Attendance of witnesses. Mode of service of Summons. Form of conviction. Conviction not to be quashed for want of form. Convictions to be transmitted VI. That every fine imposed by any Justices under the authority of this Act, shall be paid to one of the convicting Justices, and shall be by him paid over into the Public Treasury of the Turks and Caicos Islands, in aid of the support of Her Majesty's government therein, and the contingent expenses thereof. VII. That it shall be lawful for any Justice of the Peace, by summons, to require the attendance of any person as a witness upon the hearing of any case before two Justices, under the authority of this Act, at a time and place to be named in such summons; and such Justice may require, and bind by recognizance, all persons whom he may consider necessary to be examined touching the matter of such charge, to attend at the time and place to be appointed by him, and then and there to give evidence upon the hearing of such charge; and in case any person so summoned, or required, or bound, as aforesaid, shall neglect or refuse to attend in pursuance of such summons or recognizance, then, upon proof being first given of such person having been duly summoned, as hereinafter mentioned, or bound by recognizance, as aforesaid, it shall be lawful for the Justices before whom any such person ought to have attended, to issue their warrant to compel his appearance as a witness. VIII. That every summons issued under the authority of this Act may be served by delivering a copy of the summons to the party, or by delivering a copy of the summons to some inmate at such party's usual place of abode, and every person so required by any writing under the hand or hands of any Justice or Justices to attend and give evidence, as aforesaid, shall be deemed to have been duly summoned. IX. That the Justices before whom any person shall be summarily convicted of any such offence as hereinbefore mentioned, may cause the conviction to be drawn up in the form of words set forth in the schedule to this Act annexed, or in any other form of words to the same effect, which conviction shall be good and effectual to all intents and purposes. X. That no such conviction shall be quashed for want of form; and no warrant of commitment shall be held void by reason of any defect therein; provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. XI. That the Justices of the Peace before whom any person shall be convicted under the provisions of this Act shall forthwith thereafter transmit the conviction to the Clerk of the Crown, to be by him kept among the records of the Supreme Court of these islands, and upon any indictment or information against any such person for a subsequent offence, a copy of such conviction, certified by the said Clerk of the Crown, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown. No. 3. Act 11 Vic. c. 25. to Clerk of Court. XII. That no conviction under the authority of this Act shall Restitution of be attended with any forfeiture, but whenever any person shall be stolen prodeemed guilty under the provisions of this Act, it shall be lawful perty. for the presiding Justices to order restitution of the property, in respect of which such offence shall have been committed, to the owner thereof or his representatives, and, if such property shall not then be forthcoming, the same Justices, whether they award punishment or dismiss the complaint, may inquire into and ascertain the value thereof in money, and, if they think proper, order payment of such sum of money to the true owner by the person or persons convicted, either at one time, or by instalments at such periods as the Court may deem reasonable, and the party or parties so ordered to pay shall be liable to be sued for the same, as a debt, in any Court in which debts may be by law recovered, with costs of suit, according to the practice of such Court. XIII. That, whenever any Justices of the Peace shall adjudge any offender to forfeit and pay a pecuniary penalty under the authority of this Act, and such penalty shall not be forthwith paid, it shall be lawful for such Justices, if they shall deem it expedient, to appoint some future day for the payment of such penalty, and to order the offender to be detained in safe custody until the day so to be appointed, unless such offender shall give security to the satisfaction of such Justices for his or her appearance on such day, and such Justices are hereby empowered to take such security by way of recognizance, or otherwise, at their discretion; and if at the time so appointed such penalty shall not be paid, it shall be lawful for the same or any other Justices of the Peace, by warrant under their hands and seals, to commit the offender to the common gaol, or house of correction, within their jurisdiction, there to remain for any time not exceeding three calendar months, reckoned from the day of such adjudication, such imprisonment to cease on payment of the said penalty. Pecuniary penalties imposed and not period of impaid, a limited prisonment may be substituted. XIV. And for the protection of persons acting in the execution Protection of of this Act, be it enacted, that all actions and prosecutions to be persons acting commenced against any person for anything done in pursuance of under this Act. this Act, shall be commenced within six calendar months after the fact committed, and not otherwise; and notice, in writing, of such action or prosecution and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action or prosecution, and in any such action the defendant may plead the general issue, and give this Act, and the special matter in evidence at any trial to be had thereupon, and no plaintiff shall recover in any way such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or No. 3. Act 11 Vic. c. 25. Appeal to the discontinue any such action or prosecution after issue joined, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in such action, the plaintiff shall not have costs against the defendant unless the Judge, before whom the trial shall be, shall certify his approbation of the action and of the verdict obtained thereupon. XV. Provided always, That in all cases of conviction under this Act, the parties convicted shall have a right to appeal against such conviction to the Supreme Court according to the provisions of an Act passed in the tenth year of Her Majesty's reign, entitled, " An Act for the better regulating Appeals in cases of Summary Conviction." Forms. Certificate of dismissal. Conviction. SCHEDULE OF FORMS TO WHICH THIS ACT REFERS. We, Lord at day of of Her Majesty's Justices of the Peace for one of the said Turks and Caicos Islands, do hereby in the year of our in the said islands, M. N. was brought before us the said Justices, charged with the following offence, that is to say, (here state briefly the particulars of the charge) and that we the said Justices thereupon dismissed the said charge. Be it remembered, That on the day of in the at year of our Lord one thousand eight hundred and the space of said offence, to forfeit and pay actually imposed,) and in default of immediate payment of the said sum to be imprisoned in the the (or, to be imprisoned in and there kept to hard labour,) for the space unless the said sum shall be sooner paid. Given under our hands and seals the day and year first above mentioned. Class XI.] JUSTICES OF THE PEACE. APPEALS FROM SUMMARY CONVICTIONS. 289 No. 4.-ORDINANCE No. 16 of 1849. No. 4. 1849. Confirmed 30th July, An Ordinance for regulating Appeals in cases of Summary Convictions. (Passed 25th Oct., 1849. W 1850.) HEREAS by divers Ordinances passed during this present PREamble. Convictions Appeal allowed convicted of the Peace, to the Superior Appellant to tices of the Peace are invested with the power of hearing and finally adjudicating on various minor criminal offences and misdemeanours, and it is expedient that efficient regulations should be made in order to insure the due administration of justice in such cases, and to secure to persons summarily convicted the power of appealing from such conviction to a higher tribunal; May it, &c., That in every case of summary conviction before a Justice or Justices of the Peace within these islands, in which the right of appeal is not otherwise provided for by law, the party or parties shall have the right to appeal against such conviction to the Court of Criminal Justice and Common Pleas : Provided always, That such party or parties shall give notice to the convicting Justice or Justices immediately after such conviction, of his, her, or their give notice and intention to appeal, and shall enter into satisfactory security before such convicting Justice or Justices for his, her, or their appearance in the said Court of Criminal Justice and Common Pleas, to try such appeal, and to abide the judgment of the said Court thereon. And upon such security being given, the convicting Justice or Justices shall abstain from carrying the sentence appealed against into execution, and shall, without delay, transmit a copy of the conviction, as also copies of the depositions or the minutes of evidence upon which such convictions took place to the Clerk of the Crown at Grand Cay. II. And be it further ordained, that every person who shall give notice of appeal under this Ordinance, shall, if a resident of Grand Cay, within ten days after such notice, or if a resident of any other island within this Presidency, within thirty days after such notice, file a petition in the office of the said Clerk of the Crown, setting forth the grounds of such appeal, and praying the said Court to set aside the conviction appealed against: Provided always, That nothing herein contained shall be construed to preclude the appellants in any case from entering into a full defence on its merits, and of adducing further and other evidence than that given on the previous trial; but it shall and may be in the discretion of the Court, in any case where it shall be deemed conducive to the ends of justice, either on the part of the appellant or respondent to call for any legal evidence which to the said Court of Appeal shall appear to be necessary for attaining such ends. enter into security to Clerk of the Petition to be of their right of Appeal. form parties III. And be it further ordained, that it shall be the duty of any Convicting and every Justice or Justices of the Peace before whom any party Justices to inor parties shall be summarily tried and convicted, immediately after the conclusion of such trial, distinctly and openly to state to the party or parties so convicted that they have a right to appeal from the decision which such Justice or Justices has or U |