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proved that he was actually guilty of the offence of which he was No. 5. so convicted, or that he was liable by law to pay the sum he was so Ord. No. 4, ordered to pay, and (with respect to such imprisonment) that he 1855. had undergone no greater punishment than that assigned by law, for the offence of which he was so convicted, or for non-payment of the sum he was so ordered to pay.
XII. That if the plaintiff, in any such action shall recover a When Plaintiff verdict, or the defendant shall allow judgment to pass against him entitled to by default, such plaintiff shall be entitled to costs, in such manner
Costs, as if this Ordinance had not been passed ; or if in such case it be stated in the declaration that the act complained of was done maliciously and without reasonable and probable cause, the plaintiff, if he recover a verdict for any damages, or if the defendant allow judgment to pass against him by default, shall be entitled to his full costs of suit; and in every action against a Justice of the Peace And when defor anything done by him in the execution of his office, the defend- fendant. ant, if he obtain judgment upon verdict, or otherwise, shall in all cases be entitled to his full costs in that behalf.
XIII. That from and after the commencement of this Ordinance Actions against no action shall be brought against any constable or other peace
Constables not officer, or against any person or persons acting by his order and in to be brought
in certain cases, his aid, for anything done in obedience to any warrant under the hand or seal of any Justice of the Peace, until demand hath been made or left at the usual place of his abode by the party or parties intending to bring such action, or by his or their attorney or agent in writing, signed by the party demanding the same, of the perusal and copy of such warrunt, and the same hath been refused or neglected for the space of six days after such demand, and in case, after such demand and compliance therewith, by showing the said warrant to, and permitting a copy to be taken thereof by the party demanding the same, any action shall be brought against such constable or other peace-officer, or against such person or persons acting in his aid, for any such cause as aforesaid, without making the Justice or Justices who signed or sealed the said warrant defendant, or defendants, then on producing or proving such warrant at the trial of such action, the jury shall give their verdict for the defendant, or defendants, notwithstanding any defect of jurisdiction in such Justice or Justices; and if such action be brought jointly against such Justice or Justices, and also against such constable or other peace-officer, or person or persons acting in his or their aid as aforesaid, then, on proof of such warrant, the jury shall find for such constable, or other peace-officer, and for such person and persons so acting as aforesaid ; notwithstanding such defect of jurisdiction as aforesaid ; and if the verdict shall be given against the Justice or Justices, then in such case, the plaintiff or plaintiffs shall recover his or their costs against him or them, to be taxed in such manner by the proper officer as to include such costs as such plaintiff or plaintiffs are liable to pay to such defendant or defendants for whom such verdict shall be found as aforesaid.
Repeals so XIV. That from and after the time this Ordinance shall take much of declaeffect the following statutes, and parts of statutes, except so far as rations of Act they repeal other statutes, shall be, and the same are here repealed, 40 G. 3, c. 2,
as declares the that is to say, so much of an Act of the General Assembly of the
following Acts Bahama Islands (extended to this Colony by the eleventh Victoria, of Parliament · chapter 1) passed in the fortieth year of the reign of his late to be in force
here, viz. :
No. 5. Majesty, George the Third, entitled “ An Act to declare how much Ord. No. 4, of the Laws of England are practicable within the Bahama Islands, 1855. and ought to be in force within the same," as declares the following
statutes and parts of statutes hereinafter enumerated and set forth to be in force within these islands, that is to say, all that Act passed
in the thirty-first year of the reign of Her Majesty Queen Elizabeth, 31 Eliz. c. 5. entitled “ An Act concerning Informers ;" also all that Act passed
in the seventh year of the reign of His Majesty King James the 7 Jas. 1, c. 5. First, entitled ' An Act for Ease in pleading troublesome and con
tentious Suits prosecuted against Justices of the Peace, Mayors, Constables, and certain other His Majesty's Officers, for the lawful execu
tion of their office;" also all that Act passed in the twenty-fourth 24 G. 2, c. 44. year of His Majesty King George the Second, entitled “ An Act for
rendering Justices of the Peace more safe in the execution of their Offices, and for indemnifying Constables and others acting in obedience to their Warrants,” and also all that Act passed in the twenty
seventh year of the reign of His said Majesty King George the 27 G. 2, c. 20. Second, entitled “ An Act for the more easy and effectual proceed
ing upon Distresses to be made by Warrants of Justices of the Also so much Peace;" also so much of another Act of the General Assembly of of Act of As- the Bahama Islands, passed in the fourth year of the reign of His sembly 4 W. 4, Majesty King William the Fourth, entitled “ An Act for improving c. 25, as relates to Bail.
the administration of Criminal Justice in these Islands, for suspending certain Acts therein mentioned, and for other purposes as relates to the taking of bail in cases of felony, and to the taking of the examinations and informations against persons charged with felonies and misdemeanours, and binding persons by recognizance to prosecute and give evidence; and also so much of an Act of the said
General Assembly passed in the fourth year of Her present MaSo much of jesty's reign, entitled “ An Act to declare in force within these declarations Islands certain Statutes of the Imperial Parliament of Great Britain Act 4 Vic. c. 30 and Ireland, relating to certain offences therein particularly menas gives the
tioned ” as gives the force of law in this Colony to the second, force of law in this colony to
third, and fourth sections of an Act of the Imperial Parliament, the 2nd, 3rd, & passed in the sixth and seventh years of the reign of His Majesty 4th sections of King William the Fourth, entitled “ An Act for enabling persons 6 & 7 W. 4,
indicted for Felony, to make their Defence by Counsel and Atc. 114.
the Act, part
No. 6.-ORDINANCE No. 5 of 1855.
No. 6. Ord. No. 5,
An Ordinance to facilitate the performance of the duties of Justices of
the Peace with respect to persons charged with offences punishable in the Supreme Court of the Turks and Caicos Islands.
(Passed 3rd July, 1855. Confirmed 11th January, 1856.) HEREAS it would conduce much to the improvement of the
administration of criminal justice within these islands, if the several laws relating to the duties of your Majesty's Justices of the Peace therein, with respect to persons charged with criminal offences, were consolidated with such additions and alterations as may be deemed necessary; and that such duties should be clearly defined ; May it, &c.
I. That in all cases where a complaint shall be made before any No. 6. Justice of the Peace, that any person has committed, or is suspected Ord. No. 5, to have committed, within the jurisdiction of such Justice of the 1855. Peace, or elsewhere within the colony, any offence for which such person is liable to be prosecuted in the Supreme Court of these Mode of proislands, or that any such person is, or is suspected to be, within the ceeding on
complaint made limits of the jurisdiction of such Justice, then if the person so to a Justice. complained against shall not then be in custody, it shall be lawful for such Justice to issue his warrant to apprehend such person, and to cause him to be brought before such Justice, or some other Justice, having jurisdiction therein, to answer to such complaint, and to be further dealt with according to law : Provided always, that in all cases it shall be lawful for such Justice to whom such complaint shall be preferred, if he shall so think fit, instead of issuing, in the first instance, his warrant to apprehend the person 80 complained against, to issue his summons directed to such person, requiring him to appear before the said Justice, at a time and place to be therein mentioned, or before such other Justice as aforesaid ; and if after being served with such summons, in manner Power to issue hereinafter mentioned, he shall fail to appear at such time and warrant to ap. place in obedience to such summons, then the said Justice or any prehend an acother Justice as aforesaid, may issue his warrant to apprehend cused party. such person so complained against, and cause such person to be brought before him, or before some other Justice as aforesaid, to answer to the said complaint, and to be further dealt with according to law : Provided nevertheless, That nothing herein contained Proviso. shall prevent any Justice of the Peace from issuing the warrant hereinbefore first mentioned, at any time before or after the time mentioned in such summons, for the appearance of the said accused party.
II. That in all cases of crimes or offences of any kind over Power of Juswhich
any Court of Admiralty Sessions, which may hereafter be tices of the established in this colony, or shall or may claim to have jurisdic- Peace in ve tion, it shall be lawful for any one of Her Majesty's Justices of the spect to offences
over which the Peace for the colony, or for any island or district thereof, in which Court of Admiany person charged with having committed, or with being suspected ralty Sessions to have committed, any such crime or offence, shall be, or shall be claims juris
diction, suspected to be, to issue his warrant to apprehend the person so charged, and to cause him to be brought before him, or some other Justice, as aforesaid, to answer to the said charges ; and to be further dealt with according to law.
III. That it shall be lawful for any Justice to grant or issue any Power to issue warrant as aforesaid, or any search-warrant, on a Sunday as well as any warrant on any other day.
on Sunday. IV. That in all cases where a complaint for any crime or offence, Complaint to as aforesaid, shall be made before such Justice as aforesaid, if it bé be in writing
in all cases intended to issue a warrant in the first instance against the party or
where Warrant parties so charged, an information and complaint thereof, in writ- to apprehend ing, on the oath or affirmation of the informant, or of some witness accused parties or witnesses in that behalf, shall be laid before such Justice : Pro- is deemed necesvided always, that in all cases where it is intended to issue a sary. summons instead of a warrant in the first instance, it shall not be 1st Proviso. necessary that such information and complaint shall be in writing, or sworn to or affirmed in manner aforesaid ; but in every such case such information and complaint may be by parol merely,
No. 6. and without any oath or affirmation whatsoever, to support or subOrd. No. 5, stantiate the same : Provided, also, That no objection shall be 1855. taken or allowed to any such information or complaint for any
alleged defect therein in substance or in form, or for any variance 2nd Proviso.
between it and the evidence adduced on the part of the prosecution, before the Justice who shall take the examination of the witness in
that behalf, as is hereinafter mentioned. Power of Jus V. That upon such information and complaint being so laid as tire on informa- aforesaid, the Justice receiving the same may, if he shall think fit, tion and com
issue his summons or warrant respectively, as herein before is plaint laid as hereinbefore
directed, to cause the person charged as aforesaid, to appear before prescribed. him or any other Justice, as aforesaid, to be dealt with according
to law; and every such summons shall be directed to the party so charged in and by such information, and shall state shortly, the matter of such information, and shall require the party to whom it is so directed, to be and appear at a certain time and place therein mentioned, before the Justice who shall issue such summons, or before such other Justice as aforesaid, to answer the said charge, and to be further dealt with according to law; and every such summons shall be served by a constable or other peace-officer upon the person to whom it is so directed, by delivering the same to the party personally, or if he cannot conveniently be met with, then by
leaving the same with some person for him at his last or most Constable to usual place of abode; and the constable or other peace-officer who depose to ser- shall ve served the same in manner aforesaid, shall attend at the vice of sum
time and place, and before the Justice in the said summons men. tioned, to depose if necessary to the service of such summons; and if the person so served shall not be and appear before the Justice, at the time and place mentioned in such summons, in obedience to the same, then it shall be lawful for such Justice to issue his warrant for apprehending the party so summoned, and bringing him before such Justice, or some other Justice, as afore
said, to answer the charge in the said information and complaint Proviso. mentioned, and to be further dealt with according to law: Pro
vided always, That no objection shall be taken or allowed to any such summons or warrant, for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution, before the Justice who shall take the examination of the witnesses in that behalf, as hereinafter mentioned; but if any such variance shall appear to such Justice, to be such that the party charged has been thereby deceived or misled, it shall be lawful for such Justice at the request of the party so charged, to adjourn the hearing of the case to some future day, and in the mean time to remand the party so charged, or admit
him to bail in manner hereinafter mentioned. Warrants to VI. That every warrant hereafter to be issued by any Justice, to be under the
apprehend any person charged with any crime or offence as aforehand and seal of Justice, and
said, shall be under the hand and seal of the Justice issuing the directed to same, and may be directed either to any constable or other person Constable or by name, or generally to the constable of the island or district other person within which the same is to be executed, without naming him, or by name, or
to such constable and all other constables or peace-officers in the generally to the Constable
island or district within which the Justice issuing such warrant has of the district. jurisdiction, or generally to all the constables or peace-officers
within such island or district, and it shall state shortly the offence
for defect in substance or
on which it is founded, and shall name, or otherwise describe, the No. 6. offender, and it shall order the person or persons to whom it is Ord. No.5, directed to apprehend the offender and bring him before the 1855. Justice issuing the said warrant, or before some other Justice to answer to the charge contained in the said information, and to be further dealt with according to law; and it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in full force until it shall be executed, and such warrant may be executed by apprehending the offender at any place within the district within which the Justice issuing the same shall have jurisdiction; and in all cases where such warrant shall be directed to all constables or other peace-officers within the district within which the Justice issuing the same shall have jurisdiction, it shall be lawful for any constable or other peace-officer for any island or place within such district to execute the said warrant within any island or place situated within the jurisdiction for which such Justice shall have acted when he granted such warrant, in like manner as if such warrant were directed specially to such constable by name, and notwithstanding the place in which such warrant shall be executed, shall not be within the island or place for which he shall be such constable or other peace-officer : Pro- Warrants unvided always, That no objection shall be taken or allowed to any
objectionable such warrant for any defect therein, in substance or in form, or for any variance between it and the evidence adduced on the part of form. the prosecution before the Justice who shall take the examination of the witnesses in that behalf as hereinafter mentioned ; but if Power of Jus
tice to adjourn any such variance shall appear to such Justice to be such that the
the hearing of party charged has been thereby deceived or misled, it shall be law- a case to a fuful for such justice, at the request of the party so charged, to ture day. adjourn the hearing of the case to some future day, and in the mean time to remand the party so charged or to admit him to bail in manner hereinafter mentioned.
VII. That if the person against whom any such warrant shall be Power of Maissued as aforesaid shall not be found within the jurisdiction of the gistrates in one Justice by whom the same shall be issued ; or if he shall go into, jurisdiction to
cause process be, or be suspected to be, in any place in the colony, out of the
to be executed jurisdiction of the Justice issuing such warrant, it shall and may in another. be lawful for any Justice of the peace for the colony, or for the Mode of proisland or district into which such person shall so go, or in which ceeding. he shall be, or be suspected to be, upon proof alone being made on oath of the handwriting of the Justice issuing such warrant, to make an indorsement on such warrant, signed with his name, authorizing the execution of such warrant within the jurisdiction of the Justice making such indorsement, and which indorsement shall be sufficient authority to the person bringing such warrant, and to all other persons to whom the same was originally directed ; and also to all constables and other peace-officers of the island or district where such warrant shall be so indorsed, to execute the same in such other island or district; and to carry the person against whom such warrant shall have issued, when apprehended, before the Justice who first issued the said warrant, or before some other Justice for the colony, or for the island or district where the offence in the said warrant mentioned appears therein to have been committed : Provided always, That if the prosecutor or any of the witnesses upon the part of the prosecution shall then be in the