No. 6. Ord. No. 5, 1855. Power of summoning wit nesses. islands or district where such person shall have been so apprehended, the constable or other person or persons who shall have so apprehended such person may, if so directed by the Justice backing such warrant, take and convey him before the Justice who shall have so backed the said warrant, or before some other Justice of the colony, or of the same island or district; and the said Justice may thereupon take examinations of such prosecutor or witnesses, and proceed, in every respect in manner hereinafter directed with respect to persons charged before a Justice of the Peace, with an offence alleged to have been been committed in another island or district than that in which such persons have been apprehended. VIII. That if it shall be made to appear to any Justice of the Peace, by the oath or affirmation of any credible person, or without such oath or affirmation if the Justice should so think fit, that any person within the jurisdiction of such Justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against or for the accused, such Justice may and is hereby required to issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons, before the said Justice, or before such other Justice, for the Colony, or for the same island or district, to testify what he shall know concerning the charge made against such accused party; and if any person so summoned shall refuse or neglect to appear at the time and place appointed by the said summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having been served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode) it shall be lawful for the Justice, before whom such person should have appeared, to issue a warrant under his hand and seal, to bring and have such person, at a time and place to be therein mentioned, before the Justice who issued the said summons, or before such other Justice, as aforesaid, as shall then be there to testify as aforesaid, and which said warrant may, if necessary, be backed as hereinbefore is mentioned, in order to its being executed out of the jurisdiction of the Justice who shall have issued the same; or if such Justice shall be satisfied by evidence upon oath or affirmation that it is probable that such person will not attend to give evidence without being compelled so to do, then instead of issuing such summons, it shall be lawful for him to issue his warrant in the first instance, and which, if necessary, may be backed as aforesaid; and if on the appearance of such person so summoned before the said last-mentioned Justice, either in obedience to the said summons or upon being brought before him by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or, having taken such oath or affirmation, shall refuse to answer such questions concerning the premises as shall then be put to him, without offering any just excuse for such refusal, any Justice of the Peace then present, and having there jurisdiction, may, by warrant under his hand and seal, commit the person so refusing to the common gaol, for the island or district where such person so refusing shall then be, there to remain and be imprisoned for any time not exceeding thirty days, unless he shall in the mean time consent to be examined, and to answer concerning the premises. IX. That whenever any person shall be summoned as a witness, to give evidence before any Justice touching any of the matters aforesaid, and shall neglect or refuse to appear at the time and place for that purpose appointed, and shall not make such reasonable excuse for such neglect or refusal as shall be admitted and allowed by such Justice, every such person shall, on conviction before such Justice, forfeit and pay for every such offence any sum not exceeding five pounds, and in default of payment, be imprisoned for a period not exceeding thirty days. X. That in all cases where any person shall appear or be brought before any Justice of the Peace, charged with any crime or offence, as aforesaid, or whether such person appear voluntarily upon summons or have been apprehended with or without warrant, or be in custody for the same or any other offence, such Justice, before he shall commit such accused person to prison for trial, or before he shall admit him to bail, shall in the presence of such accused person (who shall be at liberty to put questions to any witness produced against him) take the statement on oath or affirmation of those who shall know the facts and circumstances of the case, and shall put the same into writing, and such depositions shall be read over to, and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the Justice taking the same; and the Justice before whom any such witness shall appear to be examined, as aforesaid, shall, before such witness is examined, administer to such witness the usual oath or affirmation, which such Justice shall have full power and authority to do, and if upon the trial of the person so accused, as first aforesaid, it shall be proved by the oath or affirmation of any credible witness that any person whose deposition shall have been taken, as aforesaid, is dead, or so ill as not to be then or likely, within the period of six months thereafter, to be able to travel; and if also it be proved that such deposition was taken in the presence of the person so accused, and that he or his counsel or attorney had a full opportunity of cross-examining the witness, then if such deposition purport to be signed by the Justice by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the Justice purporting to sign the same. No. 6. Ord. No. 5, 1855. Penalty on persons sum moned as witnesses neglecting to obey. Deposition or statement of witnesses to be taken in presence of accused person, who is privileged to question witnesses. When examinations are completed, the read over to accused person. same to be XI. That after the examinations of all the witnesses on the part of the prosecution, as aforesaid, shall have been completed, the Justice of the Peace, by or before whom such examination shall have been so completed, as aforesaid, shall without requiring the attendance of the witnesses, read, or cause to be read, to the accused the depositions taken against him, and shall say to him these words, or words to the like effect: Having heard the evidence, do you wish to say anything in answer to the charge? You are not tice shall say obliged to say anything unless you desire to do so, but whatever to the accused. you say will be taken down in writing, and may be given in evidence against you upon your trial;" and whatever the prisoner shall say in answer thereto, shall be taken down in writing and read over to him, and shall be signed by the said Justice, and kept What the Jus No. 6. Ord. No. 5, 1855. Admission or confession of accused may be given in evidence on his Trial. Justice-room where exami nations are taken not deemed an open Court. Lawful to bind the prosecutor and witnesses to appear by recognizance. with the depositions of the witnesses, and shall be transmitted with XII. That the room or building in which such Justice shall take such examinations and statement, as aforesaid, shall not be deemed an open Court for that purpose; and it shall be lawful for such Justice, in his discretion, to order that no person shall have access to, or be, or remain in such room or building, without the consent or permission of such Justice, if it appear to him that the ends of justice will be best answered by so doing. XIII. That it shall be lawful for the Justice before whom any such witness shall be examined, as aforesaid, to bind by recognizance the prosecutor, and every such witness, to appear at the next session of the Supreme Court or other Criminal Court of these islands at which the accused is to be tried, then and there to prosecute, or to prosecute and give evidence, or to give evidence, as the case may be, against the party accused, which said recognizance shall particularly specify the profession, art, mystery, or trade of every such person entering into or acknowledging the same, together with his Christian and surname, and the parish, township, or place of his residence, and the said recognizance being duly acknowledged by the person so entering into the same, shall be subscribed by the Justice before whom the same shall be acknowledged, and a notice thereof signed by the said Justice shall at the time be given to the person bound thereby and the several recognizances so taken, together with the written information, if any, the depositions, the statement of the accused, and the recognizance of bail, if any, in every such case shall be forthwith delivered by the said Justice, or he shall cause the same to be forthwith delivered at the office of the Queen's Advocate at Grand Cay. Provided always, that if any such witness shall refuse to enter into such recognizance aforesaid, it shall be lawful for such Justice, by his warrant, to commit him to prison at Grand Cay, there to be imprisoned and safely kept until after the trial of such accused party, unless in the mean time such witness shall duly enter into such recognizance as aforesaid, before some one Justice of the Peace as aforesaid. Provided nevertheless, that if afterwards, from want of sufficient evidence in that behalf, or other cause, the Justice before whom such accused party shall have been brought, shall not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for such Justice or any other Justice, as afore said, by his order in that behalf, to order and direct the keeper of the prison where such witness shall be so in custody, to discharge him from the same, and such keeper shall thereupon forthwith discharge him accordingly. XIV. That if from the absence of witnesses, or from any other reasonable cause, it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful for the Justice before whom the accused shall appear or be brought by his warrant, from time to time, to remand the party accused for such time as by such Justice, in his discretion, shall be deemed reasonable (not exceeding eight clear days) to the common gaol or other prison of the district for which such Justice shall then be acting; or if the remand be for a time not exceeding three clear days, it shall be lawful for such Justice verbally to order the constable or other person in whose custody such accused party may then be, or any other constable or person to be named by the said Justice in that behalf, to continue or keep such party accused in his custody, and to bring him before the same or such other Justice as shall be there acting at the time appointed for continuing such examination. Provided always, that any such Justice may order such accused party to be brought before him or before any other Justice as aforesaid, at any time before the expiration of the time for which such accused party shall be so remanded; and the gaoler or officer in whose custody he shall then be shall duly obey such order: Provided also, that instead of detaining the accused party in custody during the period for which he shall be so remanded, any one Justice of the Peace, before whom such accused party shall so appear or be brought as aforesaid, may discharge him upon his entering into a recognizance with or without a surety or sureties at the discretion of such Justice, conditioned for his appearance at the time and place appointed for the continuance of such examination: and if such accused party shall not afterwards appear at the time and place mentioned in such recognizance, then such recognizance shall be forfeited. person XV. And whereas, it may happen that a person is charged before a Justice of the Peace with an offence alleged to have been committed in another island or district than that in which such has been apprehended, or in which such Justice has jurisdiction, and it is necessary to make provision as to the manner of taking the examinations of the witnesses, and of committing the party accused, or admitting him to bail, in such a case, be it therefore ordained, That whenever a person shall appear or shall be brought before a Justice of the Peace in the island or district wherein such Justice shall have jurisdiction, charged with an offence alleged to have been committed by him in any island or district wherein such Justice shall not have jurisdiction, it shall be lawful for such Justice, and he is hereby required to examine such witnesses and receive such evidence in proof of such charge as shall be produced before him, within his jurisdiction, and if in his opinion such testimony and evidence shall be sufficient proof of the charge made against such accused party, such Justice shall thereupon commit him to the prison of the island or district, or shall admit him to bail as herein- . after mentioned, and shall bind over the prosecutor (if he have appeared before him) and the witnesses by recognizance accordingly, as is hereinbefore mentioned, but if such testimony and. No. 6. Ord. No. 5, 1855. Proceeding in cases of persons charged with a Felony, or with an As sault with in tent to commit Felony. evidence shall not, in the opinion of such Justice, be sufficient to put the accused party upon his trial for the offence with which he is charged, then such Justice shall bind over such witnesses as he shall have examined, by recognizance, to give evidence as hereinbefore is mentioned, and such Justice shall, by warrant under his hand and seal, order such accused party to be taken before some Justice of the Peace in and for the island or district where or near unto the place where the offence is alleged to have been committed, and shall at the same time deliver the information and complaint, and also the depositions and recognizances so taken by him to the constable who shall have the execution of such last-mentioned warrant, to be by him delivered to the Justice before whom he shall take the accused in obedience to the said warrant; and which said depositions and recognizances shall be deemed to be taken in the case, and shall be treated to all intents and purposes as if they had been taken by or before the said last-mentioned Justice; and shall, together with such depositions and recognizances as such last-mentioned Justice shall take in the matter of such charge against the said accused party, be transmitted to the Queen's Advocate at Grand Cay in the manner and at the time hereinbefore mentioned, if such accused party shall be committed for trial upon the said charge, or shall be admitted to bail. XVI. That where any person shall appear or be brought before a Justice of the Peace, charged with any felony, or with any assault, with intent to commit any felony or with any attempt to commit any felony, or with obtaining or attempting to obtain property by false pretences, or with a misdemeanour in receiving property stolen, or obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child, by secret burying or otherwise, such Justice of the Peace may, in his discretion, admit such person to bail, upon his procuring and producing such surety or sureties as in the opinion of such Justice will be sufficient to insure the appearance of such accused person at the time and place when and where he is to be tried for such offence; and thereupon such Justice shall take the recognizance of the said accused party and his surety or sureties, conditioned for the appearance of such accused person, at the time and place of trial, and that he will then surrender and take his trial, and not depart the Court without leave and in all cases where a person charged with any of the aforesaid offences shall be committed to prison to take his trial for the same, it shall be lawful at any time afterwards, and before the first day of the sitting of the Court at which he is to be tried, or before the day to which such sitting or session may be adjourned for the Justice of the Peace, who shall have signed the warrant for his commitment in his discretion to admit such accused person to bail in manner aforesaid; or if such committing Justice shall be of opinion, that for any of the offences herein before mentioned the said accused person ought to be admitted to bail, he shall in such cases, or in all other cases of misdemeanours, certify on the back of the warrant of commitment his consent to such accused party being bailed, stating also the amount of bail which ought to be required; and it shall be lawful for any Justice of the Peace attending, or being at the gaol or prison where such accused party shall be in custody on production of such certificate to admit such accused person to bail in manner aforesaid; or if it shall be |