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No. 8. Act 3 Vic.
reign of His late Majesty, King William the Fourth, to prevent the resort of rogues, vagabonds, and other idle and disorderly persons, to the Bahama Islands, for the punishment and correction of certain offences therein specified, and for other purposes therein mentioned : and all that other Act of the said General Assembly, made in the 5 W. 4, c. 17. Fifth year of His said late Majesty's reign, to amend the said lastmentioned Act: and all other laws or parts of laws which are in any wise repugnant to, or inconsistent with, this Act, shall be, and the same are, hereby repealed.
XVI. That this Act shall commence and take effect in all islands of the colony from and after the first day of September, One thousand eight hundred and thirty-nine.
XVII. This clause, which was a duration clause of five years, is repealed by 3 Vic. ch. 34.
TURKS AND CAICOS ISLANDS, TO WIT:
Be it remembered, that on the
in the year of Our Lord
No. 9.-3 Vic. ch. 34. An Act to amend 3 Vic. ch. 3.
This Act merely repeals parts of the 2nd and 3rd Sections, and the whole of the 17th Section of 3 Victoria, ch. 3. See notes to 2nd and 3rd Sections, as also remark at the 17th Section.
No. 9. Act 3 Vic.
No. 10.-9 Vic. ch. 12. An Act to amend 3 Vic. ch. 3.
No. 10. Act 9 Vic.
HEREAS, evil-disposed persons are frequently found at night PREAMBLE. loitering in and about dwelling and other houses, and in yards and other enclosures, without being able to give any lawful excuse for there being; and it is expedient that some certain punish
No. 10. Act 9 Vic. c. 12.
Every person found in or upon any
ment should be annexed to the commission of such offence; May it, &c., That every person who shall be found in or upon any dwellinghouse, warehouse, store, shop, office, church, chapel, or outhouse attached to any dwelling-house, or in any enclosed yard, garden, orchard, plantation, or field, between the setting and rising of the sun (such person not being the owner or occupier, or an inmate or dwelling-house, member of the family of the owner or occupier of the premises in &c., beween question,) without being able to give a lawful excuse for being so sunset and sunthere, shall be deemed a rogue and vagabond within the true intent rise, without lawful and meaning of the Act to which this Act is an amendment, and shall be liable to be punished as is in and by the said Act directed and provided for.
cause, to be deemed a rogue and
No. 1. Act 8 Vic.
c. 4. PREAMBLE.
thorized to impose fines may in their discretion mitigate the amount in each case.
Act 10 Vic. c. 11.
No. 3. Act 11 Vic. c. 25.
II. Repeals 7 Vic. ch. 19.
LAWS RELATING TO THE DUTIES OF JUSTICES IN
No. 1.-8 Vic. ch. 4. An Act to authorize the mitigation of pecu-
HEREAS, by various laws now in force in the colony specific pecuniary penalties are imposed as punishments for the commission of particular offences without any power being vested in the tribunal before which a conviction shall take place, to mitigate or reduce the amount of such penalties according to the circumstances of the case; and whereas, it is expedient that such a power should be given by law; May it, &c., That whenever by any law now in force in the colony, a specific pecuniary penalty is annexed to the commission of an offence, it shall be lawful for the tribunal before which any conviction for such offence shall take place to impose the full pecuniary penalty fixed by such law, or to mitigate the amount thereof to such lesser sum as such tribunal may, in its discretion under the particular circumstances of each case deem to be a proper amount of punishment for the offence committed, and the payment of every such mitigated penalty shall be enforced in the same and the like manner as the specific penalty for the same offence may be enforced.
No. 2.-10 Vic. ch. 11. An Act for the better regulating Appeals
No. 3.-11 Vic. ch. 25. An Act for the more speedy Trial and
HEREAS, in order in certain cases to insure the more speedy trial of juvenile offenders, and to avoid the evils of their long imprisonment previously to trial, it is expedient to allow such
offenders being proceeded against in a more summary manner than is now by law provided, and to give further power to bail them; May it, &c., that every person who shall subsequently to the passing of this Act, be charged with having committed, or having attempted to commit, or with having been an aider, abettor, counsellor or procurer in the commission of any offence which now is, or hereafter shall or may be by law deemed or declared to be simple larceny, or punishable as simple larceny, and whose age at the period of the commission, or attempted commission of such offence, shall not, in the opinion of the Justices before whom he or she shall be brought or appear as hereinafter mentioned, exceed the age of fourteen years, shall upon conviction thereof, upon his own confession or upon proof before any two or more Justices of the Peace, be committed to the common gaol or house of correction within the jurisdiction of such Justices, there to be imprisoned, with or without hard labour, for any term not exceeding three calendar months, or in the discretion of such Justices shall forfeit and pay such sum not exceeding three pounds, as the said Justices shall adjudge, or, if a male, shall be once privately whipped, either instead of, or in addition to such imprisonment, or imprisonment with hard labour, and the said Justices shall from time to time appoint some fit and proper person, being a constable, to inflict the said punishment of whipping when so ordered to be inflicted out of prison: Provided always, That if such Justices upon the hearing of any such case shall deem the offence not to be proved, or that it is not expedient to inflict any punishment, they shall dismiss the party charged, on finding surety or sureties for his future good behaviour, or without such sureties, and then make out and deliver to the party charged, a certificate, under the hands of such Justices, stating the fact of such dismissal, and such certificate shall and may be in the form or to the effect set forth in the Schedule hereto annexed in that behalf: Provided also, that if such Justices shall be of opinion before the person charged shall have made his or her defence, that the charge is from any circumstance a fit subject for prosecution by indictment, or if the person charged shall, upon being called upon to answer the charge, object to the case being summarily disposed of under the provisions of this Act, such Justices shall, instead of summarily adjudicating thereupon, deal with the case in all respects as if this Act had not been passed.
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.
After conviction or acquittal proceedings final.
IV. And for the more effectual prosecution of offences punish- Mode of proable upon summary conviction by virtue of this Act, Be it enacted, ceeding. 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.
Act 11 Vic. c. 25.
Persons accused may be remanded for further exami
V. 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.
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