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discontinue any such action or prosecution after issue joined, or if Act 11 Vic. 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 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. Appeal to the XV. Provided always, That in all cases of conviction under this Supreme Court. 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.”
SCHEDULE OF FORMS TO WHICH THIS ACT REFERS.
FORM OF CERTIFICATE OF DISMISSAL.
Certificate of dismissal.
of Her Majesty's Justices of the Peace for
one of the said Turks and Caicos Islands, do hereby certify, that on the
in the year of our Lord
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. Given under our hand this
FORM OF Conviction.
Be it remembered, That on the
in the year of our Lord one thousand eight hundred and at in the said Turks and Caicos Islands, A. 0. is convicted before us, I. P. and Q. R., two of Her Majesty's Justices of the Peace for
one of the said islands, for that the said A. 0. did (specify the offence, and the time and place when and where the same was committed, as the case may be, but without setting forth the eridence,) and we, the said I. P. and Q. R., adjudge the said A. O., for his said offence, to be imprisoned in the
(or, to be imprisoned in the
and there kept to hard labour, for the space of
; or, we adjudge the said A. O., for his said offence, to forfeit and pay ;-here state the penalty actually imposed,) and in default of immediate payment of the said sum to be imprisoned in the
, (or, to be imprisoned in the
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.
APPEALS FROM SUMMARY CONVICTIONS.
Convictions before Justices
No. 4.-ORDINANCE No. 16 of 1849.
Ord. No.16, An Ordinance for regulating Appeals in cases of Summary Convic- 1849.
tions. (Passed 25th Oct., 1849. Confirmed 30th July,
1850.) THEREAS by divers Ordinances passed during this present PREAMBLF.
session of the Legislative Council of this Presidency, Justices 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., Appeal allowed That in every case of summary conviction before a Justice or Jus- on Summary tices of the Peace within these islands, in which the right of appeal is not otherwise provided for by law, the party or parties convicted of the Peace, to shall have the right to appeal against such conviction to the Court the Superior of Criminal Justice and Common Pleas: Provided always, That Court. such party or parties shall give notice to the convicting Justice or Appellant to Justices immediately after such conviction, of his, her, or their give notice and intention to appeal, and shall enter into satisfactory security before security to such convicting Justice or Justices for his, her, or their appearance try Appeal. 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 Petition to be give notice of appeal under this Ordinance, shall, if a resident of filed with the Grand Cay, within ten days after such notice, or if a resident of
Crown. 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.
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 of their right after the conclusion of such trial, distinctly and openly to state of Appeal. to the party or parties so convicted that they have a right to appeal from the decision which such Justice or Justices has or
Clerk of the
No, 4. have so pronounced against him, her, or them; and a note of Ord. No. 16, every such statement shall be made by such convicting Justice. 1841. IV. And be it further ordained, that every person who, being
summarily tried and convicted, shall appeal from such conviction, In cases of Appeal, parties
shall be entitled, on demand, to be furnished by the convicting to be furnished Justice or Justices, with copies of the depositions or minutes of with copies of evidence on which such conviction took place. evidence.
V. And be it further ordained, that whenever any such convicCosts of Appeal. tion shall be affirmed by the Court of Appeal, it shall be lawful for
such Court to confirm the same with costs, and, if necessary, to issue process in the nature of a writ of attachment, for carrying such confirmed conviction into execution.
No. 5.-ORDINANCE No. 4 of 1855. Ord. No. 4, 1855. An Ordinance to protect Justices of the Peace from vexatious actions
for acts done by them in execution of their office. (Passed
3rd July, 1855. Confirmed 11th January, 1856.) PREAMBLE.
the execution of their duty; May it, &c. Allegation of
I. That every action hereafter to be brought against any Justice malice neces- of the Peace, for any act done by him in the execution of his duty
as such Justice, with respect to any matter within his jurisdiction an Action can
as such Justice, shall be an action on the case as for a tort, and be entered against any
shall be brought in the Supreme Court of these islands, and in the Justice in the declaration it shall be expressly alleged that such act was done Supreme maliciously, and without reasonable and probable cause, and if at the Court.
trial of any such action, upon the general issue being pleaded, the plaintiff shall fail to prove such allegation, he shall be nonsuit, or a
verdict shall be given for the defendant. Justice ex
II. That for any act done by a Justice of the Peace in a matter ceeding his of which by law he has not jurisdiction, or in which he shall have jurisdiction, exceeded his jurisdiction, any person injured thereby or by any act be entered
done under any conviction or order made or warrant issued by such against him Justice in any such matter, may maintain an action against such without allega- Justice in the aforesaid Supreme Court, in the same form and in tion of malice.
the same case as he might have done before the passing of this Ordinance without making any allegation' in his declaration that
the act complained of was done maliciously and without reasonable Proviso. and probable cause : Provided nevertheless, That no such action
shall be brought for anything done under such conviction or order until after such conviction shall have been quashed, either upon appeal or upon application to Her Majesty's Supreme Court of these islands, nor shall any such action be brought for anything done under any such warrant, which shall have been issued by such Justice to procure the appearance of such party, and which shall have been followed by a conviction or order in the same matter, until after such conviction or order shall have been so quashed, as aforesaid, or if such last-mentioned warrant shall not have been followed by any such conviction or order, or if it be a warrant upon an information for an alleged offence triable in a superior Court, nevertheless if a summons were issued previously to such
warrant, and such summons was served
either No. 5. personally or by leaving the same for him with some person at his Ord. No. 4, last or most usual place of abode, and he did not appear according 1855. to the exigency of such summons, in such case no such action shall be maintained against such Justice for anything done under such warrant.
III. That where a conviction or order shall be made by one or Action to more Justice or Justices of the Peace, and a warrant of distress or be brought of commitment shall be granted thereon, by some other Justice of against the
Justice making the Peace, bonâ fide and without collusion, no action shall be
alleged errobrought against the Justice who so granted such warrant by reason neous convicof any defect in such conviction or order, or for any want of juris- tion in cases diction in the Justice or Justices who made the same, but the where another
Justice acts on action, if any, shall be brought against the Justice or Justices who
such conviction. made such conviction or order.
IV. And whereas, it would conduce to the advancement of jus- Justice refusing tice, and render more effective and certain the performance of the to act, party duties of Justices, and give them protection in the performance of complaining the same, if some simple means not attended with much expense Supreme
may apply to were devised ; by which the legality of any act to be done by such Court to Justices might be considered and adjudged by a Court of competent grant a comjurisdiction, and such Justice enabled and directed to perform it pulsory rule without risk of any action or other proceeding being brought or
such Justice. had against him. Be it therefore ordained, that in all cases where a Justice or Justices of the Peace shall refuse to do any act relating to the duties of his or their office, as such Justice or Justices, it shall be lawful for the party requiring such act to be done, to apply to Her Majesty's Supreme Court of these islands, or to the Judge thereof at chambers, upon an affidavit of the facts, for a rule calling upon such Justice or Justices, and also the party to be affected by such act, to show cause why such act should not be done, and if after due service of such rule good cause shall not be shown against it, the said Court or the Judge, as the case may be, may make the same absolute with, or without, or upon payment of costs, as to them shall seem meet, and the said Justice or Justices, apon being served with such rule absolute, shall obey the same, and shall do the act required, and no action or proceeding whatsoever shall be commenced or prosecuted against such Justice or Justices for having obeyed such rule, and done such act so thereby required as aforesaid.
V. That in all cases where a warrant of distress or warrant of No Action to commitment shall be granted by a Justice of the Peace, upon any
be brought conviction or order which, either before or after the granting of against Justice such warrant, shall have been, or shall be confirmed upon appeal, rant of Distress no action shall be brought against such Justice who so granted on conviction such warrant, for anything which may have been done under the affirmed upon
appeal. same, by reason of any defect in such conviction or order.
VI. That in all cases where, by this Ordinance it is ordained, Lawful for the that no action shall be brought under particular circumstances, if Judge to set any such action shall be brought, it shall be lawful for the Judge brought in opof the aforesaid Supreme Court, upon application of the defendant position to this and upon an affidavit of facts, to set aside the proceedings in such Ordinance. action, with or without costs, as to him shall seem meet.
VII. That no action shall be brought against any Justice of the Peace for anything done by him in the execution of his office,
No. 5. unless the same be commenced within six calendar months next Ord. No. 4, after the act complained of shall have been committed. 1855. VIII. That no such action shall be commenced against any such
Justice of the Peace until one calendar month at least after a notice Mode of bringing Ac.
in writing of such intended action shall have been delivered to tion against him, or left for him at his usual place of abode, by the party inJustices. tending to commence such action, or by his attorney or agent, in
which said notice the cause of action shall be clearly and explicitly stated ; and upon the back thereof shall be endorsed the name and place of abode of the party so intending to sue ; and also the name and place of abode, or of business, of the said attorney or agent, if
such notice have been served by such attorney or agent. After notice of IX. That in every such case after notice of action shall be so Action, manner given as aforesaid, and before such action shall be commenced, of proceeding
such Justice to whom such notice shall be given, may tender to the in such case.
party complaining, or to his attorney or agent, such sum of money
may think fit, as amends for the injury complained of in such notice, and after such action shall have been commenced, and at any time before issue joined therein, such defendant, if he have not made such tender, or in addition to such tender, shall be at liberty to pay into Court such sum of money as he may think fit, and which said tender and payment of money into Court, or either of them, may afterwards be given in evidence by the defendant at the trial under the general issue aforesaid ; and if the jury at the trial shall be of opinion that the plaintiff is not entitled to damages beyond the sum so tendered or paid into Court, then they shall give a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be nonsuit, and the sum of money, if any, so paid into Court, or so much thereof as shall be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue, if any, shall be paid to the plaintiff; or if, where money is so paid into Court, in any such action, the plaintiff shall elect to accept the same in satisfaction of his damages in the said action, he may obtain from the Judge of the Court in which such action shall be brought, an order that such money shall be paid out of Court to him, and that the defendant shall pay him his costs, to be taxed ; and thereupon the said action shall be determined ; and such order shall be a bar to
any other action for the same cause. Nonsuit or X. That if at the trial of any such action, the plaintiff shall not verdict for De- prove that such action was brought within the time hereinbefendant in cer
fore limited in that behalf, or that such notice as aforesaid was tain cases.
given one calendar month before such action was commenced, or if he shall not prove the cause of action stated in such notice, then and in every such case, such plaintiff shall be nonsuit, or the jury
shall give a verdict for the defendant. In what cases XI. That in all cases where the plaintiff in any such action shall Plaintiff enti- be entitled to recover, and he shall prove the levying or payment of tled to recover damages.
any penalty, or sum of money, under any conviction or order, as parcel of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such penalty, or sum so levied or paid, or any sum beyond the sum of twopence, as damages for such imprisonment, or any costs of suit whatsoever, if it shall be