Justices of the Peace, &c. 14. And be it enacted that where any person shall appear or be brought before a Justice or Justices of the Peace, charged with any felony or with any misdemeanour, such Justice or Justices of the Peace may, if in his or their discretion (having regard to the nature of the charge and the cogency of the evidence adduced in support of it) it appears to him or them to be a case in which bail ought to be taken, admit such person to bail upon his procuring and producing a sufficient surety or sureties for the appearance of such accused person at the time and place when and where he is to be tried for such offence, and thereupon such Justice or Justices shall take the recognizance (Q1, 2) of the said accused person and his surety or sureties, conditioned for the appearance of such accused person at the time and place of trial, and that he will then surrender and take his trial, and not depart the Court without leave; and in all cases where a person charged with any indictable offence shall be committed to prison to take his trial for the same it shall be lawful at any time afterwards, and before the first day of the sitting or session of the Court before which he shall have been committed to be tried, for the Justice or Justices of the Peace who shall have signed the warrant for his commitment in his or their discretion to admit such accused person to bail in manner aforesaid; or if such committing Justice or Justices shall be of opinion that for any of the offences herein before mentioned the said accused person ought to be admitted to bail, he or they shall in such cases certify (Q3) on the back of the warrant of commitment his or their consent to such accused party being bailed, stating also the amount of bail which ought to be required, it shall be lawful for any Justice of the Peace attending or being at the gaol or prison where such accused party shall be in custody, on production of such certificate at any time before the first day of the sitting or session of the Court before which he shall have been committed to be tried, to admit such accused person to bail in manner aforesaid; or if it shall be inconvenient for the surety or sureties in such a case to attend at such gaol or prison to join with such accused party in the recognizance of bail, then such committing Justice or Justices may make a duplicate of such certificate (Q4) as aforesaid; and upon the same being produced to any Justice of the Peace for the said Colony, it shall be lawful for such last-mentioned Justice, before such time as aforesaid, to take the recognizance of the surety or sureties in conformity with such certificate; and upon such recognizance being transmitted to the Keeper of such gaol or prison, and produced together with the certificate on the warrant of commitment as aforesaid to any Justice of the Peace attending or being at such gaol or prison, it shall be lawful for such last-mentioned Justice thereupon, before such time as aforesaid, to take the recognizance of such accused party and to order him to be discharged out of custody as to that commitment, as hereinafter mentioned; and in all cases where such accused person in custody shall be admitted to bail by a Justice or Justices of the Peace other than the committing Justice or Justices of the Peace as aforesaid, such Justice or Justices of the Peace so admitting him to bail, shall forthwith transmit the recognizance or recognizances of bail to the committing Justice or Justices, or one of them, to be by him or them transmitted, with the examinations, to the proper officer: Provided also, that when, in cases of misdemeanour, the defendant shall be entitled to a traverse at the Justices of the Peace, &c. next Assizes, Court of Oyer and Terminer, or Quarter Sessions, and shall not be bound to take his trial until the second Assizes, or Court of Oyer and Terminer, or Sessions, in every such case the recognizance (Q 1) of bail shall be conditioned that he shall appear and plead at the next Assizes, Court of Oyer and Terminer, or Sessions, and then traverse the indictment, and that he shall surrender and take his trial at such second Assizes, Court of Oyer and Terminer, or Sessions, and unless such accused party shall, before he enter into such recognizance, choose and consent to take his trial at such first Assizes, Court of Oyer and Terminer, or Sessions, in which case the recognizance may be in the ordinary form herein before mentioned. 15. And be it enacted that in all cases where a Justice or Justices of the Peace shall admit to bail any person who shall then be in any prison charged with the offence for which he shall be so admitted to bail, such Justice or Justices shall send to or caused to be lodged with the Keeper of such prison a warrant of deliverance (Q5) under his or their hand and seal, or hands and seals, requiring the said Keeper to discharge the person so admitted to bail, if he be detained for no other offence or under no civil process, and upon such warrant of deliverance being delivered to or lodged with such Keeper he shall forthwith obey the same. 16. And be it enacted that when all the evidence offered upon the part of the prosecution against the accused party shall have been heard, if the Justice or Justices of the Peace then present shall be of opinion that it is not sufficient to put such accused party upon his trial for any indictable offence, such Justice or Justices shall forthwith order such accused party, if in custody, to be discharged as to the information then under inquiry; but if in the opinion of such Justice or Justices such evidence is sufficient to put the accused party upon his trial for an indictable offence, or if the evidence given raise a strong or probable presumption of the guilt of such accused party, then such Justice or Justices shall by his or their warrant (R 1) commit him to the common gaol or house of correction, to which by law he may now be committed, or in the case of an indictable offence committed on the high seas or on land beyond the sea, to any common gaol of the said Colony, to be there safely kept until he shall be thence delivered by due course of law or admit him to bail as hereinbefore mentioned. prisoners to gaol 17. And be it enacted that the Constable or any of the Constables Regulations for or other persons to whom the said warrant of commitment shall be conveying directed shall convey such accused person therein named or described to the gaol or other prison mentioned in such warrant, and there deliver him, together with such warrant, to the gaoler, keeper, or governor of such gaol or prison, who shall thereupon give such Constable, or other person so delivering such prisoner into his custody, a receipt (R 2) for such prisoner, setting forth the state and condition in which such As to payment of prisoner was when he was delivered into the custody of such gaoler, costs convey keeper, or governor; and in all cases where such Constable or other prison person shall be entitled to his costs or expenses for conveying such person to such prison as aforesaid, it shall be lawful for the Justice or Justices who shall have committed the accused party, or for any Justice of the Peace in and for the said Colony, to give such Constable or other person conveying such prisoner to such gaol or prison a written certifi conveying After examinations are completed, defendant entitled to copies of the depositions Forms in Sche Justices of the Peace, &c. cate that he is entitled to his costs and expenses for the same, and also for his expenses in returning, and such costs and expenses shall be defrayed and provided and accounted for in the usual manner: Provided nevertheless that if it shall appear to the Justice or Justices by whom any such warrant of commitment against such prisoner shall be granted as aforesaid, that such prisoner hath money sufficient to pay the expenses, or some part thereof, of conveying him to such gaol or prison, it shall be lawful for such Justice or Justices, in his or their discretion, to order such money, or a sufficient part thereof, to be applied to such purpose. 18. And be it enacted that at any time after all the examinations aforesaid shall have been completed, and before the first day of the assizes or sessions or other first sitting of the Court at which any person so committed to prison or admitted to bail as aforesaid is to be tried, such person may require and shall be entitled to have of and from the officer or person having the custody of the same, copies of the depositions on which he shall have been committed or bailed or copies of depositions taken at an inquest in cases of murder and manslaughter, on payment of a reasonable sum for the same, not exceeding at the rate of three halfpence for each folio of ninety words. 19. And be it enacted that the several forms in the Schedule to this dule deemed valid Ordinance contained, or forms to the same or the like effect, shall be deemed good, valid and sufficient in law. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. SCHEDULE (A) INFORMATION AND COMPLAINT FOR AN INDICTABLE OFFENCE To wit. The information and complaint of C.D. of day of (yeoman), taken this Colony of Western Australia. Whereas A. B. of (labourer) hath this day been charged upon oath before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that he on at did (dc., stating shortly the offence): These are therefore to Justices of the Peace, &c. command you, in Her Majesty's name forthwith to apprehend the said A.B., and to bring him before (me) or some other of Her Majesty's Justices of the Peace in and for the said Colony, to answer unto the said charge and to be further dealt with according to law. Given under my hand and seal this in the year of our Lord at day of in the Colony aforesaid. J.S. (C) SUMMONS TO A PERSON CHARGED WITH AN INDICTABLE OFFENCE To A.B., of (Labourer). Whereas you have this day been charged before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that you on at (dc., stating shortly the offence): These are therefore to command you, in Her Majesty's name, to be and appear before me on at o'clock in the forenoon, or before such other Justice or Justices of the Peace for the same Colony as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not. at day of in the Colony aforesaid. J.S. in (L.S.) (D) WARRANT WHERE THE SUMMONS IS DISOBEYED To the Constable of and to all other Peace Officers in the said Colony of Western Australia. last past, A.B., of (labourer), Whereas on the was charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that (dc., as in the summons); and whereas (I) then issued (my) summons to the said A.B., commanding him, in Her Majesty's name, to be and appear before (me) on o'clock in the forenoon, at at or before such other Justice or Justices of the Peace for the same Colony as might then be there, to answer to the said charge, and to be further dealt with according to law; and whereas the said A.B. hath neglected to be and appear at the time and place appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons was duly served upon the said A.B.: These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A.B., and to bring him before me or some other of Her Majesty's Justices of the Peace in and for the said Colony, to answer to the charge, and to be further dealt with according to law. Given under my hand and seal this day of in the year of our Lord in the Colony aforesaid. WARRANT TO APPREHEND A PERSON CHARGED WITH AN INDICTABLE OFFENCE COMMITTED ON THE HIGH SEAS OR ABROAD For offences committed on the High Seas the warrant may be the same as in ordinary cases, but describing the offence to have been committed on the High Seas, out of the body of this Colony, and within the jurisdiction of the Admiralty of England.' For offences committed abroad for which the parties may be indicted in this Colony the warrant also may be the same as in ordinary cases, but describing See 24 Vic., Justices of the Peace, &c. the offence to have been committed 'on land out of this Colony, to wit, at in the kingdom of East Indies,' (or) 'at Indies,' (or as the case may be). (or) 'at in the island of in the in the West (F) CERTIFICATE OF INDICTMENT BEING FOUND I hereby certify that at [a Court of Oyer and Terminer and General Gaol Delivery or at a Court of General Quarter Sessions of the Peace] holden in and for in the said Colony on was filed with the Colony of Western Australia at A.B. therein described as A.B., late an against (labourer), for that he (dc., stating shortly the offence) and that the said A.B. hath not appeared or pleaded to the said information. To the Constable of and to all other Peace Officers in the said Colony of Western Australia. Whereas it hath been duly certified by J.D., Registrar, Master and Keeper of Records, Clerk of the Indictments (or Clerk of the Peace of and for the Colony of Western Australia) that (&c., stating the certificate): These are therefore to command you in Her Majesty's name forthwith to apprehend the said A.B. and to bring him before (me) or some other Justice or Justices of the Peace in and for the said Colony to be dealt with according to law. Given under my hand and seal this in the year of our Lord at day of in the Colony aforesaid. J.S. (L.S.) (H) WARRANT OF COMMITMENT OF A PERSON INDICTED To the Constable of and to the Keeper of the (Common Gaol or House of Correction) at in the said Colony of Western Australia. Whereas by (my) warrant under my hand and seal dated the day after reciting that it had been certified by J.D. (dc., as in the certificate) (I) commanded the Constable of and all other Peace Officers of of the said Colony in Her Majesty's name forthwith to apprehend the said A.B. and |