13 Vic.c.35. be under the hand or hands of the justice or justices issuing the Island Act. same, and may be directed either to any constable or other person [1850. by name, or generally to the constable of the parish within which how war executed. the same is to be executed, without naming him, or to such constable, and all other constables within which the justice or justices issuing such warrant hath or have jurisdiction, or generally to all the constables within such last-mentioned parish; and it shall state shortly 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 apprehend the said defendant, and to bring him before one or more justice or justices of the peace (as the case may require), of the same parish, 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 Where and it shall be executed, and such warrant may be executed by rant may be apprehending the defendant at any place within the parish within which the justices issuing the same shall have jurisdiction; or, in case of fresh pursuit, at any place in the next adjoining parish or place, within seven miles of the border of such first mentioned parish, without having such warrant backed as hereinafter mentioned; and, in all cases where such warrant shall be directed to all constables or peace officers within the parish within which the justice or justices issuing the same shall have jurisdiction, it shall be lawful for any constable, or other peace officer for any parish situate within the limits of the jurisdiction for which such justice or justices shall have acted, when he or they granted such warrant, to execute such warrant in like manner as if such warrant were directed specially to such constable by name, and notwithstanding that the place in which such warrant shall be executed shall not be within the parish for which he shall be such constable or other peace officer; and such of the provisions and enactments contained in the act of this island, passed in Vic. c. 24, this present session, [13 Vic. c. 24, ante,] as to the backing of ing war- any warrant and the endorsement thereon by a justice of the tend to war or other officer, authorizing the person bringing such warrant, rants under and all other persons to whom the the same was originally directed, to execute the same within the jurisdiction of the justice or officer so making such endorsement, as are applicable to the provisions of this act, shall extend to all such warrants and to all warrants of commitment issued under and by virtue of this act, in as full and ample a manner as if the said several provisions and enactments No objection were here repeated and made parts of this act: Provided always, want of form That no objection shall be taken or allowed to any such warrant to apprehend a defendant, so issued upon any such information or complaint as aforesaid, under or by virtue of this act, 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 Certain pro visions of the act 13th as to back rants to ex this act. allowed for in warrant, or Or for var ance be tween it and the evidence. any 13 VIC. c. 35. Island Act. charged variation, committed upon recog informant or complainant as hereinafter mentioned; but if such variance shall appear to the justice or justices present, and acting at such hearing, to be such that the party so apprehended 1850. under such warrant has been thereby deceived or misled, it shall If the party be lawful for such justice or justices, upon such terms as he or deceived by they shall think fit, to adjourn the hearing of the case to some he may be future day, and in the meantime to commit (D) the said defend- or disant to the house of correction or other prison, lock-up house or charged place of security, or to such other custody as the said justice or nizance. justices shall think fit, or to discharge him upon his entering into a recognizance (E) with or without surety or sureties at the discretion of such justice or justices conditioned for his appearance at the time and place to which such hearing shall be so adjourned: Provided always, That in all cases where a If he fail to defendant shall be discharged upon recognizance as aforesaid and the justice shall not afterwards appear at the time and place in such recog-mit the renizance mentioned, then the said justice who shall have taken cognizance the said recognizance, or any justice or justices who may then be of the peace. there present, upon certifying (F) upon the back of the said recognizance, the non-appearance of the defendant, may transmit such recognizance to the clerk of the peace of the parish within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such nonappearance of the said defendant. (a) re-appear, may trans to the clerk SCHEDULE A. SUMMONS TO THE DEFENDANT UPON AN INFORMATION OR COMPLAINT. To A. B. of Whereas information hath this day been laid (or complaint Schedule A. hath this day been made) before the undersigned (one) of her majesty's justices of the peace in and for the said parish of for that you [here state shortly the matter of the information or complaint]: These are therefore to command you in her majesty's name to be and appear at o'clock in the forenoon at such justices of the peace for the said parish as may then be there, to answer to the said information (or complaint), and to be further dealt with according to law. Given under my hand this on year of our Lord at before in the day of J. S. (a) See schedules D, E, F, APPREHENSION OF OFFENDERS. (Post.) E E last past, information was laid (or complaint was made) before the undersigned (one) of her оп at before such justices of the peace for the said parish as might then be there, to answer to the said information (or complaint), and to be further dealt with according to law: And whereas the said A. B. hath neglected to be or appear at the time and place so appointed in and by the said summons, although it hath now been proved to me, upon oath, that the said summons hath been duly served upon the said A. B.: These are therefore to command you, in her majesty's name, forthwith to apprehend the said A. B. and to bring him before some one or more of her majesty's justices of the peace in and for the said parish, to answer to the said information (or complaint), and to be further dealt with according to law. the Given under my hand, this parish aforesaid. SCHEDULE C. WARRANT IN THE FIRST INSTANCE. Schedule C. To the constable of and to all other peace officers in the said parish of in the day of at in the parish aforesaid. J. S. 13 and 14 VIC. c. 93.] For improving the condition of seamen 13 & 14 Vic. and maintaining discipline in the merchant service. c. 93. British stat. BRIT. [14th August, 1850.] 1850. personally ship, &c. 13 and 14 Vic. c. 93, sec. 109.] Service of any summons or other Service to matter in any legal proceeding under the general merchant sea- good if made men's act, or the seamen's protection act, or this act, shall be or on board good service, if made personally on the person to be served, or if made by leaving such summons for him on board any vessel to which he may belong, with the person being or appearing to be in command or charge of such vessel. 14 Vic. c. 46.] For the more effectual prevention of trespasses upon property. ISLD. [May 23rd, 1851.] 14 VIC. c. 46. Island Act. 1851. plaint made tice of the be sum appear, 14 VIC. c. 46, sec. 10.] On any complaint being made and information upon oath laid concerning any offence under this Upon com act, by any credible witness or informer, before any justice of before a justhe peace of the parish in which the offence shall be alleged to peace, the have been committed, it shall be lawful for such justice of the party may peace to require the person charged with such offence, moned to by summons under the hand of such justices of the peace, to appear before any two justices of the peace of the and in desame parish at a certain time and place, to be named in fault of apsuch summons, to answer such charge, and, if such person he justices shall not appear the justices then and there sitting shall, at their may prodiscretion, proceed to hear and determine the case ex parte, or parte. may issue their warrant, under their hands, or under the hand of any one of them, for the apprehension of the alleged offender, or the justice of the peace before whom the complaint is made and information laid in the first instance, may, in his discretion, issue his warrant on due service of notice, on oath, being established, to apprehend without any previous summons. ceed ex 14 & 15 VIC. c. 79. 14 and 15 Vic. c. 79.] To consolidate and amend the laws relat- British stat. ing to steam navigation. BRIT. [7th August, 1851.] be 14 and 15 Vic. c. 79, sec. 37.] Service of any summons or other matter in any legal proceeding under this act shall deemed good service if made personally on the person to be served, or if made at his last known place of abode or business, or if made on board any vessel to which he belongs, and accompanied with a statement of the purport thereof to the person in command, or appearing to be in command or charge of such vessel. 1851. 15 & 16 VIC. 15 and 16 VIC. c. 44.] To amend and consolidate the laws c. 44. British stat. relating to passengers by sea. 1852. BRIT. [June 30th, 1852.] 15 and 16 Vic. c. 44, sec. 52.] Upon information or complaint made before any one justice of the peace, acting in pursuance or under the authority of this act, (a) he shall issue a summons according to the form in the schedule (J.) hereunto annexed requiring the party offending or complained against to appear on a time and place to be named therein, and every such summons shall be served on the party offending or complained against, or shall be left at his last known place of abode, or of business, or on board any ship to which he may belong; and if such party shall not appear accordingly, then upon proof of the due service of the summons by delivering the summons or a copy thereof to the party, at his last known place of abode, or of business, or on board any ship to which he may belong, to the person in charge of any such ship), any two of such justices so acting as aforesaid may either hear and determine the case, in the absence of the party, or either of them may issue his warrant for apprehending and bringing such party before them, or any two justices so acting as aforesaid, or the justice before whom the charge shall be made, if he shall have reason to suspect from information upon oath, that the party is likely to abscond, may issue such warrant in the first instance without any previous summons (b.) J. FORM OF SUMMONS FOR A DEFENDANT OR A WITNESS. A.B.complainant. {fail, on the C. D. defendant. County or city, or (1) Insert borough or police this when the defend district of ant is sum- the case may moned. (༩༠) be.) at This is to command you to appear, without day of instant (or next) o'clock in the noon, at before me or other the magistrate or justices of the peace then and there present (1) (to univer the complaint of (an emigration officer, or assistant emigration officer, or officer of customs, (or in the colonies) a government emigration (or immigration agent, as the case may be,) for a breach of the section (or sections, as the case may be,) of the passengers' (2) Insert act, 1852,] (2) (or, to give evidence in the above-named complaint a witness is of A. B. against C. D. for breach of the passengers' act, 1852.] this in case summoned. Justice of the peace, or police, (a) See COURTS OF JUSTICES. (Ante.) (b) See HEARING AND EVIDENCE-CONVICTIONS. (Anle.) |