in Council shall be known; and in all cases of insanity so found, it shall be lawful for the Lieutenant Governor in Council to give such order for the safe custody of such person so found to be insane, during his pleasure, in such place and in such manner as to him shall seem fit. III. And for the better prevention of crime being committed by persons insane, if any person shall be discovered and apprehended under circumstances denoting a derangement of mind and a purpose of committing some crime, for which, if committed, such person shall be liable to be indicted, it shall be lawful for any two Justices of the Peace of the County, before whom such person may be brought, to call to their assistance a physician or surgeon; and if, upon examination of the said person so apprehended, or from other proof, the said Justices shall be satisfied that such person is insane, or a dangerous idiot, it shall be lawful for the said Justices, by warrant under their hands and seals, to commit such person to the jail of the County, there to be kept in strict custody until such person shall be discharged by the order of two Justices of the Peace-one whereof shall be one of the Justices who has signed such warrant-or by one of the Judges of the Supreme Court, or until such person shall be removed, by order of the Lieutenant Governor in Council, to a proper lunatic asylum, or to custody of guardians. tended to a shall be notified IV. In cases where the Lieutenant Governor of this Island, Where Her Ma on behalf of Her Majesty, heretofore has been, or hereafter jesty's mercy shall be, pleased to extend mercy to any offender convicted of has been exany crime punishable with death, upon any condition whatso- convicted crimever, whether of imprisonment for life or otherwise, and whe- inal on condither any particular place of confinement be specified in the tion, &c., same document signifying the extension of such mercy or not; and to the Court, such extension of mercy shall be duly signified to the Court &c. before which such offender hath been or shall be convicted, or any other Court with the like authority, or to any Judge of the Supreme Court, such Court or Judge shall allow to such offender the benefit of a conditional pardon, and make an order immediately to carry out the condition imposed; and such allowance and order shall be considered as an allowance and order made by the Court before which the offender was convicted, and shall be entered on the records of the same Court by the proper officer thereof; and shall, when made by a Judge, be as effectual, to all intents and purposes, and have the same consequences, as if such allowance and order had been made by the Court during the continuance thereof; and every such order shall subject the offender to be confined in such place or places as may be named in the document extending mercy, subject to be changed, from time to time, as to the place and mode of confinement and otherwise, by order of the Lieutenant Governor in Council, as to the Lieutenant Governor in Council shall seem meet and proper; and in no case shall the previous consent of any offender to a conditional pardon be deemed necessary or be required. Continued by 22 Vic. c. 9. Act 15 Vic. cap. 23, continued until comple tion of pending suits. Unmarried wo man to apply to Chief Justice nate parties to hear her suit. &c., to nomi Chief Justice to authorize determine the cause. CAP. XV. An Act to continue for certain purposes, the seduction Act, and to make other provisions in lieu thereof as regards all future actions. BE [Passed April 1, 1858.] E it enacted by the Lieutenant Governor, Council and Assembly, that an Act made and passed in the fifteenth year of the reign of her present Majesty intituled "An Act to provide a summary remedy for females in certain cases of seduction," shall be continued so long and no longer than may be necessary to admit of all cases now pending under and by virtue of the said recited Act to be finally completed and ended. II. When and so often as it shall happen that any unmarried woman shall have borne an illegitimate child, and is under the necessity of suing the father thereof for any damages she may thereby have sustained, as well as for aid towards the support of such child, it shall be lawful for such woman, either by her attorney, or in person, to apply to the Chief Justice or any other Judge of the Supreme Court, for an order in writing nominating any one, two, or three persons, each of whom shall be either one of Her Majesty's Justices of the Peace, or a Commissioner of small debts, for the purpose of hearing and determining the suit of such woman. III. The said Chief Justice or other Judge, upon such application, shall and may make an order in writing, under his Justice, &c. to hand, directed to any one, two, or three person or persons holding such office or offices as aforesaid, and resident in the County where the plaintiff in such suit shall reside, authorizing such person or persons to hear and determine such suit. IV. The person or persons so authorized shall have power Persons so au- and authority to hear and determine such suit, and give such hear cause and judgment therein, either with or without costs, to either party, give judgment, or with such part or portion of costs as to him or them shall seem just and reasonable; and the hearing of the cause shall be conducted in as private a manner as the circumstances of the case shall admit of. thorized, to &c. Mode of com V. The suit shall be commenced either by summons, accordmencing suit, ing to schedule (A) of this Act, or by capias, according to &c. schedule (B), as the circumstances of the case may require; and if commenced by capias, the same shall not be issued until affidavit of the cause of action shall first be duly sworn before the person, or one of the persons having cognizance of the said suit; and which affidavit shall be in substance and effect according to the form in schedule (C.) VI. The summons shall be served in like manner and time as is prescribed by the Act of the General Assembly of this Island for the service of summonses for small debts; and the capias shall be executed by any constable or constables, or bound bailiff of the county to whom directed. VII. Upon the appearance of the defendant in pursuance of such capias, a day shall be named by the Justice or Justices, Commissioner or Commissioners intending to try the said cause, such day being within fifteen days from the appearance of the defendant under such capias, exclusive of the day of such appearance; and in the meantime, the defendant may be discharged from custody, upon entering into a recognizance, with two sufficient sureties, for his appearance at the day of hearing, and to pay the amount of such judgment as shall be awarded against him at such time or times, and in such manner as shall, in and by such judgment, be prescribed; or in default thereof, to render himself to the custody of the constable or bailiff who arrested him, or to such other constable or bailiff as shall be nominated by any Justice or Justices, Commissioner or Commissioners who tried the cause, and thereupon to be committed to prison; the form of which recognizance shall be in substance and effect as set forth in schedule (D.) Mode of serving summons and executing capias. On appearance of defendant on capias, the day for hearing the cause shall be named, &c. VIII. On the day appointed for hearing the said cause, the Justice, &c. afJustice or Justices, Commissioner or Commissioners, having parties may ter hearing heard the parties and their witnesses, if any, and the plaintiff give judgment and her witnesses, if any, where the defendant makes default in suit. in his appearance, after being duly summoned or capiased as aforesaid, shall proceed to give such judgment therein, either by dismissing the said suit against the plaintiff or awarding for the said plaintiff such amount of money as to such Justice or Justices, Commissioner or Commissioners shall seem just and reasonable, not exceeding in the whole the sum of thirty pounds; and also to order and adjudge that the whole amount so awarded to the plaintiff shall be paid to her for herself and child, or that a part only, to be expressed in such judgment, shall be paid to her for her own benefit, and that the residue shall be paid for the support and benefit of her said child, to such person as the said Justice or Justices, Commissioner or Commissioners shall for that purpose nominate, and in such instalments, and at such particular time as in such order or fault in payment of sum awarded, execution may be taken against defendant's judgment shall be expressed; and such person so nominated shall be a trustee for the child of the said plaintiff, as respects such sum of money so to be paid to him, and shall have the application and be accountable for the appropriation thereof. IX. In case default shall be made in payment of the In case of de- amount adjudged to the said plaintiff, or to any trustee, where such trustee shall have been appointed, or of any part or instalment thereof, and as often as such default shall happen, execution may issue for the sum due, first against, and to be levied on the goods and chattels of the said defendant; and in default of such goods and chattels, or of sufficient thereof to satisfy such execution, then against the body of the said defendant, who shall thereupon be committed to the debtor's prison for the said County, there to remain until he shall satisfy the amount or balance of levy due on said execution. goods and chattels. X. Any person to whom an oath shall be administered under the provisions of this Act, wilfully swearing falsely, and being convicted thereof, shall be liable to the penalties of wilful and corrupt perjury. XI. Any person who shall consider himself or herself aggrieved by any order or judgment of any Justice or Justices, Commissioner or Commissioners under this Act, shall be at liberty to appeal to the then next sitting of Her Majesty's Supreme Court of Judicature, to be holden in the County wherein such judgment shall have been given; and such appeal shall be granted in manner, and at the time, and subject to the rules and conditions prescribed by law in cases for the recovery of small debts; and all costs to be awarded under this Act shall be in conformity with the costs authorized in such cases. XII. The word Justices" shall be deemed to mean and include under this Act a Commissioner of small debts and a Justice of the Peace, as well as two Justices of the Peace; and the word "Commissioner" shall be deemed to mean and include a Justice of the Peace and a Commissioner of small debts, as well as two Commissioners of small debts. XIII. It shall be lawful for the said Supreme Court, at any time before any appeal shall be fully heard, or for any Justice of the said Court, at chambers, to make an order for the amendment of any defect in form or substance in any of the papers or proceedings relating to, or connected with any such appeal; and such order shall and may be made with or without cause being shewn against the same, and upon such terms and conditions as to such Court or Justice shall seem just and reasonable. XIV. This Act shall continue and be in force for the term Continuance of one year from the passing thereof, and from thence to the of Act. end of the then next session of the General Assembly, and no Longer. SCHEDULES to which this Act refers. County. G. H., Plaintiff, and I. K., Defendant. SCHEDULE (A.) Before A. B., or A. B. and C. D., or A. Form of sum- You are hereby required to be and appear before me (or on the instant (or next ensuing), at the hour of o'clock, in the fore (or after) noon, to answer the plaintiff in an action of damages, accrued to her by reason of her illegitimate child, of which she alleges you are the father; and in default of your appearance, you will be proceeded against as to justice shall appertain. Given under my (or our) hand (or hands) and seal (or mons. seals) this day of To the defendant, L. M. SCHEDULE (B.) To either of the constables or bailiffs of You are hereby commanded to take I. K., of in whatsoever County he may be found, and bring him before me (or us), to answer G. H. upon her charge for an illegitimate child. Hereof fail not. Given under our hands (or my hand) and seals (or seal), this day of Form of capias. G. H., of that on or about the SCHEDULE (C.) single woman, maketh oath and saith, Form of affidaday of deponent was delivered of a male (or female) child, and that capias. |