peare for the parish of of that (here describe the offence with the time Taken the day of before 7 VIC. c. 25. Island Act. 1843. me (or us), 10 VIC. c. 29.] For the regulation of hackney carriages. ISLD. [1st April, 1847.] 10 VIC. c. 29. Island Act. 1847. Proprietors carriages to complaint against 10 Vic. c. 29, sec. 4.] When information or complaint shall be made before any justice of the peace, against the driver of any of hackney hackney carriage for any offence committed by him against any be sunof the provisions of this act, such justice shall forthwith summon moned on the proprietor of such hackney carriage personally to appear and being made to produce the driver of such hackney carriage to answer such driver. information or complaint, and if any such proprietor being duly summoned shall neglect or refuse personally to appear or to produce such driver, according to such summons, without a reasonable excuse, to be allowed by the justice or justices before whom he ought to appear according to such summons, such proprietor shall forfeit forty shillings, and so from time to time, as often as he shall be so summoned, until each driver shall be produced by him: Provided always, That if such proprietor shall Proviso. neglect, or refuse to appear and produce such driver, on the second or any subsequent summons requiring him so to do without a reasonable excuse, to be allowed as aforesaid, it shall be lawful for such justice to proceed to hear and determine the said information or complaint in the absence of the said proprietor and driver, or of either of them, and upon proof of such offence, by the oath of one or more credible witness or witnesses, to give judgment against such proprietor for the penalty incurred by reason of such offence. 13 Vic. c. 35.] To facilitate the duties of justices of the peace 13 Vic. c. 35. out of sessions within this island.(a) ISLD. [1st February, 1850.] 13 Vic. c. 35, sec. 6.] Such of the provisions and enactments (a) Sec. 33 of this act repeals 7 Will. IV. c. 2, 1 Vic. c. 36, 4 Vic. c. 16, 5 Vic. c. 36, "and all other acts or parts of acts inconsistent with the provisions of this act, save and except so much of the D D Island Act. 1850. Island Act. 1850. Provisions of the act, 13 VIC. c.35 in the act made and passed in this present session [13 Vic. c. 24], (a) whereby a justice of the peace for one parish may act for the same whilst residing or being in any other parish of which he is also a justice of the peace, as are applicable to the provisions of 13 Vic.c. 24, this act, shall be deemed to be incorporated into this act, and to extend to all acts required of or to be performed by justices of the peace, under or by virtue of this act, in as full and ample a manner as if the said provisions and enactments were here repeated and made parts of this act. as to justices in ene acting for another, to extend to this act. Order for 8. In all cases of complaint upon which a justice or justices of the peace may make an order for the payment of money or otherwise, it shall not be necessary that such complaint shall be in writing, unless it shall be required to be so by some particular need not be act of this island upon which such complaint shall be framed. the payment of money in cases of complaint in writing. Manner of making complaint tion. When war 31. The several forms in the schedule to this act contained, or forms to the like effect, shall be deemed good and valid in the law. 10. Every complaint upon which a justice or justices of the peace is or are or shall be authorized by law to make an order, and every information for any offence or act punishable upon or informa- summary conviction, unless some particular act of this island shall otherwise require, may respectively be made or laid without any oath or affirmation being made of the truth thereof, except in cases of information where the justice or justices receiving the same shall thereupon issue his or their warrant in the first instance to apprehend the defendant as aforesaid; and in every such case where the justice or justices shall issue his or their warrant in the first instance, the matter of such information shall the first in- be substantiated by the oath or affirmation of the informant or information by some witness or witnesses on his behalf before any such warrant shall be issued, and every such complaint shall be for one matter of complaint only and not for two or more matters of complaint, and every such information shall be for one offence only and not for two or more offences; and every such complaint or information may be laid or made by the complainant or informant in person or by his counsel for (or) attorney or other person authorized on that behalf. rant is issued in stance, the to be on oath. Each complaint to embrace only one matter. Description perty of partners, &c. 4. In any information or complaint or the proceedings therein, in which it shall be necessary to state the ownership of any proof the property belonging to or in the possession of partners, joint tenants, parceners or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named, and another or others as the case may be, and whenever in any information or complaint, or the proceedings thereon it shall be necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall (a) See INDICTABLE OFFENCES. (Ante.) Island Act. 1850. Of the pro be sufficient to describe them in manner aforesaid, and whenever 13 Vic. c. 35. in any such information or complaint, or the proceedings thereon, it shall be necessary to describe the ownership of any work or building made, maintained, or repaired at the expense of any perty of parish, or of any materials for the making, altering, or repairing parishes. of the same, or of any goods provided at the expense of any parish, the same may be described as the property or goods of the churchwardens of such parish, other than Kingston when the same shall be described as the property or goods of the mayor, alderman, and commonalty of the city and parish of Kingston, and all of the promaterials and tools provided for the repair of highways, at the materials expense of any parish may be described in like manner. 29. In all cases of summary proceedings before a justice or justices of the peace out of sessions, upon any information or complaint as aforesaid, it shall be lawful for one justice to receive such information or complaint and to grant a summons or warrant thereon, and to issue his summons or warrant to compel the attendance of any witnesses, and to do all other necessary acts and matters preliminary to the hearing, even in cases where by the act in that behalf such information or complaint must be heard and determined by two or more justices; and after the case shall have been so heard and determined, one justice may issue all warrants of distress or commitment thereon, and it shall not be necessary that the justice who so acts before or after such hearing shall be the justice or one of the justices by whom the said case shall be heard and determined: Provided always, That in all cases where by act it is or shall be required that any such information or complaint shall be heard and determined by two or more justices, or that a conviction or order shall be made by two or more justices, such justices must be present and acting together during the whole of the hearing and determination of the case. perty in for parish roads. 16 and 17 VIC. c. 107.] Customs' consolidation act. BRIT. [1853.] 16 & 17 VIC. c. 107. British stat. 1853. Informa victions, &c., to be in schedule. 16 and 17 Vic. c. 107, sec. 269.] All informations exhibited before any justice or justices for any offence committed against tions, conor forfeiture incurred under this or any other act relating to the customs, and all summonses, convictions, and condemnation for in form, &c., such offences and forfeitures, and all warrants of any justice or justices founded upon such convictions may be in the form or to the effect as in schedule (B.) to this act,and the form of information given in the said schedule and the counts therein contained with reference to any offences created by or punishable under the several sections of this act, to which the same or any of them relate, shall be applicable to and sufficient for all purposes in the c. 107. 1853. 16 & 17 Vic prosecution of such offences and forfeitures, and where two or British stat. more counts are given upon the same section, those counts may be used which most nearly apply to the circumstances of the case; and anyone or more of the said counts may be included in the same information together with any other count or counts, and in any case or for any offence or forfeiture for which no count is given in the said schedule, such count or counts may be substituted or added as circumstances may require, and every such information, and every conviction, and warrant of commitment or condemnation for such offence or forfeiture shall be deemed valid and sufficient in which the offence or forfeiture is set forth, either in the words of the act or acts by which the penalty for such offence has been inflicted, or under which any forfeiture has been incurred, or in the words of the information by this act prescribed, and where in any such forms the word "customs" is used to describe the commissioners or officers of customs, the words "inland revenue," or "excise" may be substituted as the case may require, and the like counts shall be applicable to and sufficient for the like purposes, and be used in like manner in any information filed in any court having jurisdiction in such cases under this or any act relating to the customs: and no conviction, warrant of commitment, or condemnation, shall be held void by reason of any defect therein, and no party shall be entitled to be discharged out of custody on account of such defect, provided it be alleged in such warrant that the said party has been convicted of such offence, and that it shall appear to the court or judge before whom such warrant is returned that such conviction proceeded upon good and valid grounds; and every such warrant may be executed by any officer of customs, and in any part of the United Kingdom, without further endorsement or sanction than that of the justice issuing the same, and no objection shall be taken or allowed to any information, complaint, or summons 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. On sec. 234. SCHED. B. FORM OF INFORMATION BEFORE JUSTICES OF THE PEACE. to wit. Be it remembered that A. B. an officer of customs under the direction of the commissioners of customs, informs me for the one of her majesty's justices of the peace in and of Count 1. That C. D. did unship, or was aiding or concerned in unshipping or otherwise dealing with certain goods, to wit [here c 107. mention the goods generally], contrary to sec. 234 of "The 16 & 17 Vic. customs' consolidation act, 1853," whereby the said C. D. has British stat. forfeited the sum of being treble the value of the said goods, [or "the penalty of one hundred pounds," as the case may be,] for which the commissioners have elected to 1853. sue. Count 2. That C. D. being [or "not being" as the case may be,] a sub- On sec. 235. ject of her majesty, was found or discovered to have been on board a ship or boat, part of the cargo of which was thrown overboard, or staved, or destroyed, to prevent seizure, contrary to sec. 235 of "The customs' consolidation act, 1853," whereby the said C. D. has become liable to be imprisoned as is therein directed. Count 3. That C. D. being [or "not being," as the case may be] a sub- On sec. 235. ject of her majesty, was found or discovered to have been on board a ship or boat, contrary to the sec. 235 of "The customs' consolidation act, 1853," whereby the said C. D. has become liable to be imprisoned as is therein directed. Count 4. That C. D. was found or discovered to have been on board a On sec. 236. ship or boat within a port, bay, harbour, river, or creek of the United Kingdom, [or the Channel islands, as the case may be,] contrary to sec. 236 of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of one hundred pounds. Count 5. That C. D. did make and subscribe a false declaration or On sec. 198. document, purporting to be [here state the nature of the document generally, the same being false and untrue, contrary to sec. 198 of "The customs' consolidationact, 1853," whereby the said C. D. has forfeited the sum of one hundred pounds. Count 6. That C. D. did untruly answer a certain question put to him On sec. 198. by an officer of customs, contrary to sec. 198 of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of one hundred pounds. Count 7. That C. D. did counterfeit or falsify [or "wilfully use when Bee, 198. counterfeited or falsified," as the case may be] a certain document |