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No. 6. Ord. No.5,
and that the said
hath reasonable cause to suspect, and doth suspect, that the said
or part thereof, are concealed in
therefore, in the name of our lady the Queen, to authorize and require you, with necessary and proper assistants, to enter, in the daytime, into the of the said
aforesaid, and therein diligently search for the said
and if the same, or any part thereof, shall be found upon such search, that you bring tho
so found, as also the body of the said before me, or some other of Her said Majesty's Justices of the Peace for the said islands, to be disposed of and dealt with according to law. Given under my hand and seal, at
this day of
in the our Lord 18
WARRANT TO CONVEY. THE ACCUSED BEFORE A JUSTICE OF
THE DISTRICT, ETC., IN WHICH THE OFFENCE WAS COM-
To W. T., constable of
and to all other peace-officers in the said Whereas A. B. of
(labourer), hath this day been charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said district, for that (&c., as in the warrant to apprehend). And whereas (1) have taken the deposition of C. D., a witness examined by (me), in this behalf; but inasmuch as (I) am informed that the principal witnesses to prove the said offence against the said A. B. reside in the
where the said offence is alleged to have been committed : These are therefore to command you, the said constable, in Her Majesty's name, forthwith to take and convey the said A. B. to the said and there carry him before some Justice or Justices of the Peace in and for that and near unto the
where the offence is alleged to have been committed, to answer further to the charge before him or them, and to be further dealt with according to law; and (I) hereby further command you, the said constable, to deliver to the said Justice or Justices the information in this behalf, and also the said deposition of C. D. now given into your possession for that purpose, together with this precept. Given under (my) hand and seal this
day of in the year of our Lord
J. S. (L. S.)
in the year
RECOGNIZANCE OF BAIL. Be it remembered that on the
day of of our Lord A. B., of
(labourer), L. M., of
(grocer), and N. O., of (butcher), personally came before (us) the undersigned, two of her Majesty's Justices of
and severally acknowledged themOrd. No. 5, selves to owe to our Lady the Queen the several sums following, 1855. (that is to say,) the said A. B. the sum of
and the said L. M. and N. 0. the sum of
each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements, respectively, to the use of our said Lady the Queen, her heirs and successors, if he, the said A. B., fail in the condition indorsed.
Taken and acknowledged the day and year first above mentioned, at
CONDITION IN ORDINARY CASES.
The condition of the within-written recognizance is such, That whereas the said A. B. was this day charged before (us) the Justices within mentioned, for that (&'c., as in the warrant), if therefore the said A. B. will appear at the next and there surrender himself into the custody of the Provost Marshal, and plead to any information then exhibited against him for or in respect of the charge aforesaid, and take his
trial upon the same, and not depart the said Court without leave, then the said recognizance to be void, or else to stand in full force and virtue.
NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE
ACCUSED AND HIS BAIL.
Take notice that you, A. B. of
are bound in the sum and your (sureties L. M. and N. 0.) in the sum of
each, that you, A. B., appear («tc., as in the condition of the recognizance), and not depart the said Court without leave ; and unless you, the said A. B., personally appear and plead and take your trial accordingly, the recognizance entered into by you and your sureties shall be forthwith levied on you and them. Dated this
CERTIFICATE OF CONSENT TO BAIL BY
JUSTICE INDORSED ON THE COMMITMENT.
I hereby certify, That I consent to the within-named A. B. being bailed by recognizance, himself in
and (two) sureties
THE LIKE ON A SEPARATE PAPER.
Whereas A. B. was on the the
committed by me to charged with (de., naming the offence shortly).
I hereby certify, That I consent to the said A. B. being bailed by recognizance, himself in and (two) sureties in
each. Dated the
18 J. S.
No. 6. Ord. No.
WARRANT OF DELIVERANCE ON BAIL BEING GIVEN FOR A
PRISONER ALREADY COMMITTED.
To the keeper of the
in the said Whereas A. B., late of
(labourer), hath before (us, two) of Her Majesty's Justices of the Peace in and for the said
entered into his own recognizance, and found sufficient sureties for his appearance at the next
to be holden in and for the
to answer our Sovereign Lady the Queen, for that, (&c., as in the commitment) for which he was taken and committed to your said
These are therefore to command you, in Her said Majesty's name, that if the said A. B. do remain in your custody in the said for the said cause, and for no other, you shall forthwith suffer him to go at large. Given under our hands and seals this
day of in the year of our Lord
J.S. (L. S.)
WARRANT OF COMMITMENT.
To the constable of
and to the keeper of the at in the said
Whereas A. B. was this day charged before me, J. S., one of Her Majesty's Justices of the Peace in and for the said
on the oath of C. D., of (farmer), and others, for that, (&c., stating shortly the offence) These are therefore to command you, the said constable of to take the said A. B. and him safely to convey to the
at aforesaid, and there to deliver him to the keeper thereof, together with this precept; and I do hereby command you, the said keeper of the said
to receive the said A. B. into your custody in the said
and there safely keep him until he shall be thence delivered by due course of law. Given under my hand and seal this
day of in the year of our Lord
at in the aforesaid.
J. S. (L. S.) These forms to be to altered, as occasions may require, to serve in cases of offences cognizable in the Court of Admiralty sessions.
Approved. W. R. INGLIS, President. Grand Turks, 2nd June, 1856.
No. 7.-ORDINANCE No. 6 of 1855. Ord. No. 5, 1855.
An Ordinance to facilitate the performance of the duties of Justices
of the Peace with respect to summary convictions. (Passed 3rd
July, 1855. Confirmed 11th January, 1846.) PREAMBLE.
HEREAS it would conduce much to the improvement of the
administration of justice within these islanıls, so far as respects summary convictions by Justices of the Peace, if the several laws and parts of laws relating to the duties of such Justices in respect of such summary convictions were consolidated, with such ad litions and alterations as may be deemed necessary, and that such duties should be clearly defined by positive enactment; May it, &c.
I. That in all cases where an information shall be laid before any Justice of the Peace, that any person has committel, or is suspected to have committed, any offence or act within the jurisdiction of such Justice, for which he is liable by law, upon a summary conviction for the same, to be imprisoned or fined, or otherwise punished, and also in all cases where a complaint shall be made, upon which any order for the payment of money or otherwise may be made, then it shall be lawful for such Justice to issue his summons, directed to such person, stating the matter of such information or complaint, and requiring him to appear at a certain time
and place before the same Justice or before such other Justice as Mode of pro
shall then be there, to answer to the said information or complaint, ceeling of Jus- and to be further dealt with according to law; and every such tices on com- summons shall be served by a constable or other peace-oficer, or plaint made
other person to whom the same shall be delivered, upon the to them.
person to whom it is so directed, by delivering the same to the party personally, or by leaving the same with some person for him at his
last or most usual place of abode ; and the constable, peace-officer, Constables to or person who shall serve the same, in manner aforesaid, shall depose to the
attend at the time and place, and before the Justice in the said service of Sum- summons mentioned, to depose, if necessary, to the service of the
said summons: Provided always, that no objection shall be taken or allowed to any information, complaint, or suinmons, for any alleged defect therein, in substance or in form, or for any variance between such information, complaint, or summons, and the evidence adduced on the part of the informant or complainant, at the hearing of such information or complaint as hereafter mentioned; but if any such variance shall appear to the Justice at such hearing to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such Justice, upon such terms as he shall think fit, to adjourn the hearing of the case to
some future day. Mode of pro
II. That if a person so served with a summons, as aforesaid, ceeding when
shall not appear before the Justice at the time and place mentioned persons summoned do not
in such summons, and it shall be made to appear to such Justice appear.
by oath or affirmation that such summons was so served a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such Justice, if he shall think fit, upon oath or affirmation being made before him substantiating the matter of such information or complaint to his satisfaction, to issue
his warrant to apprehend the party so summoned and to bring him No. 7. before the same Justice or before some other Justice to answer to Ord. No.5, the said information or complaint, and to be further dealt with 1855. according to law, or upon such information being laid, as aforesaid, for any offence punishable on sunmary conviction, the Justice before whom such information shall have been laid may, if he shall think fit, upon oath or afirmation being made before him substantiating the matter of such information to his satisfaction, instead of issuing such summons as aforesaid, issuo in the first instance his warrant for apprehending the person against whom such information shall have been so laid, and bringing him before the same Justice or before some other Justice, to answer to the said information, and to be further dealt with according to law; or if, where & summons shall be so issued as aforesaid, and upon the day and at the place appointed in and by the said summons for tho appearance of the party so summoned, such party shall fail to appear accordingly in obedience to such summons, then, if it be proved upon oath or affirmation to the Justice that such summons was duly served upon such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for such Justice to proceed, ex parte to the hearing of such information or complaint, and to adjudicate thereon, as if such party hal personally appeared before him in obedience to the said summons.
III. That every such warrant to apprehend a defendant, that he Mode of issumay answer to any such information or complaint as aforesaid, shall ing Warrants be under the hand and seal of the Justice issuing the same, and to apprehend. may be directed, either to any constable, or other person, by name or otherwise, and it shall state briefly the matter of the information or complaint on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the constable or other person to whom it is directed to arprehend the said defendant, and to bring him before some Justice of the peace to answer to the said information or complaint, and to be further dealt with according to law; and that 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; Warrant to reand such warrant may be executed by apprehending the defendant main in force at any place within the jurisdiction of the Justice issuing the
samo, and in all cases where such warrant shall be directed to the constables, within the district or place within which the Justice issuing the same shall have jurisdiction, it shall be lawful for any
constable for such district to execute such warrant in like manner as if such warrant were directed specially to such constable hy name, and notwithstanding that the place in which such warrant shall be exeented shall not be within the district or place for which he shall be such constable; and such of the provisions and enactments contained in a certain Ordinance made and passed in this present Session of the Legislative Council, entitled "An Ordinance to faci. litate 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," as to the backing of any warrant, and the indorsement thereon by a Justice of the Peace authorizing the person bringing such warrant, and all other persons to whom the same was originally directed, to execute the same within the jurisdiction of the Justice so making such indorsement,