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proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with respect to such imprisonment) that he 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.

No. 5.

Ord. No. 4, 1855.

When Plaintiff

entitled to

Costs.

XII. That if the plaintiff, in any such action shall recover a verdict, or the defendant shall allow judgment to pass against him by default, such plaintiff shall be entitled to costs, in such manner 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 no action shall be brought against any constable or other peace officer, or against any person or persons acting by his order and in 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 warrant, 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.

XIV. That from and after the time this Ordinance shall take effect the following statutes, and parts of statutes, except so far as they repeal other statutes, shall be, and the same are here repealed, that is to say, so much of an Act of the General Assembly of the Bahama Islands (extended to this Colony by the eleventh Victoria, chapter 1) passed in the fortieth year of the reign of his late

Actions against Constables not to be brought in certain cases.

Repeals so much of declarations of Act

40 G. 3, c. 2, as declares the following Acts of Parliament to be in force

here, viz.:

No. 5.

Ord. No. 4,

1855.

31 Eliz. c. 5.

7 Jas. 1, c. 5.

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Majesty, George the Third, entitled "An Act to declare how much of the Laws of England are practicable within the Bahama Islands, 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, entitled "An Act concerning Informers;" also all that Act passed in the seventh year of the reign of His Majesty King James the First, entitled An Act for Ease in pleading troublesome and contentious Suits prosecuted against Justices of the Peace, Mayors, Constables, and certain other His Majesty's Officers, for the lawful execution 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 twentyseventh 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 proceeding upon Distresses to be made by Warrants of Justices of the Peace;" also so much of another Act of the General Assembly of 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 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 Majesty's reign, entitled "An Act to declare in force within these Islands certain Statutes of the Imperial Parliament of Great Britain and Ireland, relating to certain offences therein particularly mentioned" as gives the force of law in this Colony to the second, third, and fourth sections of an Act of the Imperial Parliament, passed in the sixth and seventh years of the reign of His Majesty King William the Fourth, entitled "An Act for enabling persons indicted for Felony, to make their Defence by Counsel and Attorney."

Also so much of Act of As

c. 25, as relates to Bail.

So much of declarations

Act 4 Vic. c. 30 as gives the force of law in this colony to the 2nd, 3rd, & 4th sections of

the Act, part 6 & 7 W. 4, c. 114.

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No. 6. Ord. No. 5, 1855.

PREAMBLE.

No. 6.-ORDINANCE No. 5 of 1855.

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.

No. 6.

Ord. No. 5, 1855.

Mode of proceeding on to a Justice.

complaint made

I. That in all cases where a complaint shall be made before any Justice of the Peace, that any person has committed, or is suspected to have committed, within the jurisdiction of such Justice of the Peace, or elsewhere within the colony, any offence for which such person is liable to be prosecuted in the Supreme Court of these islands, or that any such person is, or is suspected to be, within the limits of the jurisdiction of such Justice, then if the person so 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 so 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 hereinafter mentioned, he shall fail to appear at such time and place in obedience to such summons, then the said Justice or any other Justice as aforesaid, may issue his warrant to apprehend 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 herein before first mentioned, at any time before or after the time mentioned in such summons, for the appearance of the said accused party.

Power to issue warrant to ap prehend an accused party.

Peace in re

spect to offences over which the

Court of Admiralty Sessions claims juris

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 jurisdiction, it shall be lawful for any one of Her Majesty's Justices of the Peace for the colony, or for any island or district thereof, in which any person charged with having committed, or with being suspected to have committed, any such crime or offence, shall be, or shall be 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 warrant as aforesaid, or any search-warrant, on a Sunday as well as on any other day.

IV. That in all cases where a complaint for any crime or offence, as aforesaid, shall be made before such Justice as aforesaid, if it be intended to issue a warrant in the first instance against the party or parties so charged, an information and complaint thereof, in writing, on the oath or affirmation of the informant, or of some witness or witnesses in that behalf, shall be laid before such Justice: Provided always, that in all cases where it is intended to issue a summons instead of a warrant in the first instance, it shall not be 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,

diction.

Power to issue any Warrant on Sunday. Complaint to be in writing in all cases where Warrant to apprehend accused parties is deemed necessary.

1st Proviso.

No. 6.

Ord. No. 5, 1855.

2nd Proviso.

Power of Jus

tice on informa

tion and complaint laid as herein before prescribed.

Constable to depose to service of summons.

Proviso.

Warrants to be under the hand and seal

of Justice, and directed to

Constable or other person by name, or generally to the Constable

of the district.

and without any oath or affirmation whatsoever, to support or substantiate the same: Provided, also, That no objection shall be taken or allowed to any such information or complaint 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 witness in that behalf, as is hereinafter mentioned.

V. That upon such information and complaint being so laid as aforesaid, the Justice receiving the same may, if he shall think fit, issue his summons or warrant respectively, as herein before is directed, to cause the person charged as aforesaid, to appear before 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 usual place of abode; and the constable or other peace-officer who shall have served the same in manner aforesaid, shall attend at the time and place, and before the Justice in the said summons mentioned, 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 aforesaid, to answer the charge in the said information and complaint mentioned, and to be further dealt with according to law: Provided 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.

VI. That every warrant hereafter to be issued by any Justice, to apprehend any person charged with any crime or offence as aforesaid, shall be under the hand and seal of the Justice issuing the same, and may be directed either to any constable or other person by name, or generally to the constable of the island or district within which the same is to be executed, without naming him, or to such constable and all other constables or peace-officers in the island or district within which the Justice issuing such warrant has jurisdiction, or generally to all the constables or peace-officers within such island or district, and it shall state shortly the offence

No. 6.

Ord. No. 5, 1855.

on which it is founded, and shall name, or otherwise describe, the offender, and it shall order the person or persons to whom it is directed to apprehend the offender and bring him before the 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: Provided always, That no objection shall be taken or allowed to any 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 the prosecution before the Justice who shall take the examination of the witnesses in that behalf as hereinafter mentioned; but if Power of Jusany such variance shall appear to such Justice to be such that the tice to adjourn party charged has been thereby deceived or misled, it shall be law--a ful 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 to admit him to bail in manner hereinafter mentioned.

VII. That if the person against whom any such warrant shall be issued as aforesaid shall not be found within the jurisdiction of the Justice by whom the same shall be issued; or if he shall go into, be, or be suspected to be, in any place in the colony, out of the jurisdiction of the Justice issuing such warrant, it shall and may be lawful for any Justice of the peace for the colony, or for the island or district into which such person shall so go, or in which 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

Warrants unobjectionable for defect in substance or

form.

the hearing of case to a future day.

Power of Magistrates in one jurisdiction to cause process to be executed

in another. Mode of ceeding.

pro

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