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fault; (or) And whereas, the said C. D., having appeared before us, at the time and place aforesaid, specified for that purpose, hath not submitted to be examined as a witness, and give his, or her evidence before us, touching the matter of the said complaint, but hath refused so to do; therefore, we, the said Justices, do hereby, in pursuance of the said statute, commit the said C. D. to the (describing the prison), there to remain, without bail or mainprize, for his or her contempt aforesaid, for three calendar months, or until he or she shall submit himself or herself to be examined, and give his or her evidence before us, touching the matter of the said complaint, or shall otherwise be discharged by due course of law; and you, the (constable or other peace officer or officers, to whom the warrant is directed), are hereby authorized and required to take into your custody the body of the said C. D., and him, or her, safely to convey to the said prison, and him or her there to deliver to the gaoler, or keeper thereof, who is hereby authorized and required to receive into his custody, the body of the said C. D., and him or her safely to detain and keep, pursuant to this commitment.
Given under our hands, this
in the year of our Lord
[This commitment to be directed to the proper peace officer, and the gaoler or keeper of the prison.]
No. 3. Act of Parl. 6 Geo. 4,
c. 129, extended by 3 Vic. c. 1.
SUMMARY REMEDY IN CASE OF OCCUPATION OF
No. 4.-3 Vic. ch. 2. An Act to provide a summary remedy against
No. 4. Act 3 Vic.
Summary jurisdiction to
WHEREAS, sundry lands within these Your Majesty's Turks PREAMBLE. and Caicos Islands have been, and still are, occasionally occupied, and used by persons having no claim or pretence of title to, or right of occupation in the same, and it is necessary that provision be made for the prevention of such encroachments; May it, &c., That the Stipendiary Justices of the Peace within the said islands, shall, in manner hereinafter mentioned, exercise a summary jurisdiction for the removal of all persons who have so taken, or Justices. shall take possession of any lands, from the lands of which they may so have taken, or shall take possession in such islands respectively, subject, nevertheless, to the provisions hereinafter mentioned.
II. That for the purposes and within the meaning of this Act, the words "Stipendiary Justice" shall be construed, and understood to comprise such Justices only as being in the receipt of stipends, assigned for their maintenance, as such Justices shall be named, in any commission issued, or hereafter to be issued, in the name and on behalf of Her Majesty, appointing them to act as Stipendiary Justices for these islands or for any town, island, or district within the same.
III. That it shall be lawful for every such Stipendiary Justice
* The words in italics were originally omitted. See 2nd sec, 3 Vic. c. 37.
Act 3 Vic.
Stipendiary Justices may receive information of any unlawful possession of land.
Stipendiary Justices to issue summons
for the appearance of offend
How to proceed when they do not appear.
Offenders, how dealt with.
of the Peace to receive any information which may be laid before him upon oath, charging any person or persons with having, without probable claim or pretence of title, entered upon, or taken possession of any lands in any of these islands: Provided, That if the lands mentioned or referred to in any such information, shall belong to, or be vested in Her Majesty, her heirs or successors, such information shall be preferred by the Surveyor-General of the colony, or by some person acting under his authority and on his behalf, but if the lands mentioned or referred to in any information shall belong to, or be vested in any body politic or corporate, or in any person or persons other than Her Majesty, her heirs or successors, such information shall be preferred by the owner or owners of such lands, or by some person or persons, who, as general or special agent, attorney, trustee, or otherwise, may be authorized to represent, and to act for and on behalf of such owner or owners, or by some person or persons who may be authorized by the Justices of the Supreme Court of the colony, to prefer such information.
IV. That every Stipendiary Justice before whom any such information shall be preferred, shall issue his summons for the appearance before him of the party or parties alleged to have so illegally entered upon or taken possession of such land, and of any other person or persons whom it may be necessary or proper to examine as a witness or witnesses, on the hearing of any such information, and shall proceed in a summary way, in the presence of the parties, or in case of the wilful absence of any person, against whom any such information shall have been laid, then, in his absence, to hear and determine such information; and in case, on the hearing thereof, it shall be made to appear, by sufficient evidence, to the satisfaction of such Justice, that the party or parties against whom the same shall have been laid, hath, or have entered upon, or taken possession of the land mentioned or referred to in such information without any probable claim or pretence of title, then such Justice is hereby authorized and required to make an order, directing such party or parties, to deliver up to Her Majesty, her heirs, or successors, or other, the owner or owners of such lands, or persons preferring the information, as the case may be, to be named in such order, peaceable possession of such lands, together with all crops growing thereon, and all buildings, or other immovable property, upon and affixed to, the said lands; and in case the party or parties against whom any such order shall have been made, shall not lands, &c., how within a fortnight after service thereof, deliver up possession of the said lands and premises, pursuant to the said order, then, and in such case, it shall be lawful for such Justice to adjudge such party or parties to be imprisoned, with or without hard labour, for any time not exceeding fourteen days; and to make a further order for the immediate delivery over of the possession of such land and premises to Her Majesty, her heirs or successors, or other the body politic or corporate, or person or persons, whom such Justice may have found to be entitled to the possession thereof, and who shall be named in such further order; and the President shall thereupon cause possession thereof to be delivered to Her Majesty, her heirs or successors, or to such body politic or corporate, or person or persons accordingly.
Persons not giving up
Proviso in case of five years'
V. That no such order for the delivery up of possession of any such lands shall be made by any such Justice as aforesaid, if it
VI. That, for the purpose of any such order, to be made by any such Justice, as aforesaid, the adjudication of such Justice shall be conclusive as to the title of the person to whom delivery of the said lands and premises may be directed to be made; but nothing herein contained shall extend to take away or abridge the jurisdiction by law vested in the Superior Court of Civil Justice of the Colony, in taking cognizance of, and adjudicating upon, titles to land; and any person against whom any such order, as aforesaid, may have been made, may, notwithstanding such order, proceed by the ordinary course of law to recover possession of such lands, in case he shall be able to establish a title thereto, and may also, in such case, recover a reasonable compensation for the damage he may have sustained by reason of his having been compelled to deliver up possession of the said premises; and in the like manner, in case of the dismissal of any such information, the party having preferred the same may proceed before the ordinary tribunals, as if no such information had been preferred.
Act 3 Vic.
tion of Stipen-
as to title.
Not, however, to prevent parties affected by such adjudication from
trying their right in Supe
VII. Provided always, That in case any such information shall In cases of be dismissed, it shall be lawful for the said Justice, if he shall think dismissal of fit, to order the person by whom the same may have been preferred, whether such information may have been preferred by the SurveyorGeneral or by any other person, to pay to the party or parties, against whom the same may have been preferred, such sum as the said Justices may consider to be the amount of costs fairly incurred by such party or parties by reason of such information so dismissed and the payment of such costs may be enforced in the same way as the payment of other debts may be enforced within these islands.
VIII. And for securing method and accuracy in the execution, by the Stipendiary Justices, of the jurisdiction hereby vested in them; Be it, &c., That the President shall cause to be prepared forms of the proceedings to be observed in lodging complaints; in issuing summonses; in the citation of witnesses; in the making orders; and generally for the complete carrying into execution of the powers hereby vested in the Stipendiary Justices; which forms shall be submitted by such President to the Chief Justice; and, having been approved of by such Chief Justice, the same shall be observed in all proceedings before the said Stipendiary Justices.
How payment is to be en
The President to order forms to be prepared.
IX. That all such forms of proceedings shall, from time to time, be revised, repealed, or amended, by the authority and in the man- revised, &c. ner aforesaid, as occasion may require.
X. That no order made by any Stipendiary Justice, in the execution of the jurisdiction so vested in him, shall be liable to be reversed, set aside, appealed from, or questioned by any Court of Justice in the Colony; but the same shall, to all intents and purposes, be binding, final, and conclusive; subject, nevertheless, to
* Altered to one year by 3 Vic. c. 37.
No. 4. Act 3 Vic. c. 2.
Justices entitled to same protection as other Justices. Who to be
deemed the President.
No. 5. Act 3 Vic. c. 37.
The 1st section of original Act explained.
the rights of the parties to proceed, as hereinbefore mentioned,
XI. That for all acts done by any Stipendiary Justice in the
XII. That for the purposes and within the meaning of this Act, the officer lawfully administering the Government of the Colony shall be deemed, and taken to be, the President thereof.
XIII. Repeals 4 Wm. 4, ch. 37.
No. 5.-3 Vic. ch. 37. An Act to amend an Act, entitled "An Act
I. This section, which protected persons being in possession of
II. And whereas, in framing the first section of the Act to which this Act is an amendment, certain words were omitted, the omission of which has rendered the meaning of the said section obscure; for remedy whereof, Be it, &c., That from and after the passing of the Act, the said first section of the Act, to which this Act is an amendment, shall be construed in the same and in the like manner as if the said first section had been and was worded as follows, that is to say: "That the Stipendiary Justice of the Peace, within the said islands, shall, in manner hereinafter mentioned, exercise a summary jurisdiction for the removal of all persons, who have so taken or shall take possession of any lands, from the lands of which they may so have taken, or shall take, possession in such islands respectively, subject, nevertheless, to the provisions hereinafter mentioned."
Act 7 Vic. c. 13.
No. 6.-7 Vic. ch. 13. An Act to amend an Act, entitled “An Act
HEREAS, in and by the first section of an Act passed in the third year of your Majesty's reign, entitled "An Act to amend an Act entitled An Act to provide a summary remedy against the Occupation of Land by Persons having no title to the same,' it is enacted, That from and after the first day of September next after the passing of the said Act it shall not be lawful for any Stipendiary Justice of the Peace to make any order under the Act to which the said Act is an amendment, for the delivering up of the possession of any lands whatsoever, if it shall appear to such Justice that lawfully intrud- the party or parties against whom any such order is sought hath or ing on land have been by himself or themselves, or by those under whom he or may by sum
they claim title in quiet possession of the land in respect of which such order is sought for one year next before the date of the information lodged before him by the party or parties claiming right or title thereto. And whereas, the period thus limited has been found to be too short; May it, &c., That the period named in the said first section of the said hereinbefore in part recited Act of the third year of Her Majesty's reign, shall be extended from the period of one to the period of two years.
No. 7.-8 Vic. ch. 46. An Act to amend an Act entitled "An Act
Act 7 Vic. c. 13.
mary process be ejected, if not an occupant of up
wards of two years.
to provide a summary remedy against the Occupation of Land Act 8 Vic. by Persons having no title to the same." (14th May, 1845.)
WHEREAS, in and by the fourth section of an Act passed in the PREAMBLE.
third year of Her Majesty's reign, entitled "An Act to provide a summary remedy against the Occupation of Land by Persons having no title to the same," it is amongst other things enacted, that in case the party or parties against whom any order shall be made under the said Act for the delivering up the possession of any lands, shall not within a fortnight after the service of such order deliver up possession of the lands in respect of which such order was made, that it shall be lawful for the Justice making the order to adjudge the party or parties disobeying the same to be imprisoned with or without hard labour for any time not exceeding fourteen days, but no provision is made for the punishment of a party or parties, who, having complied with any such order, shall nevertheless after having so complied again take possession of the same land; for remedy whereof, May it, &c., That if any party or parties against whom an order shall have been made by any Stipendiary Justice of the Peace under the authority of the Act to which this Act is an amendment, requiring him, her, or them, to deliver to any other party or parties peaceable possession of any land or lands, shall after having obeyed such order, again take possession of the same land or lands, in respect of which such order had originally been made or any part thereof, it shall be lawful for the Justice by whom such original order was made, or for any other Stipendiary Justice of the Peace, to adjudge the party or parties so offending, to be imprisoned, with or without hard labour, in any lawful place of confinement within these islands, for any term not exceeding one calendar month, and to make a further order for the immediate delivery of the possession of such land to the party or parties entitled thereto; and for every repetition of such offence, the party or parties offending shall be liable to be punished in the same and the like manner.
Penalty on persons repossessing themfrom which they have been dispossessed by the order of a Stipendiary Justice.
selves of lands
No. 8.-3 Vic. ch. 3. An Act for the better Suppression of Vagrancy, and for the Punishment of Idle and Disorderly Persons, and Act 3 Vic. Rogues, Vagabonds, and other Vagrants. (21st June, 1839.)
WHEREAS, it is necessary that further provisions should be PREAMBLE.
made for the suppression of vagrancy, and for the punishment
of idle and disorderly persons, and rogues, vagabonds, and other