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manner he served the said summons; and if it appear to the 13 VIC. c. 35. satisfaction of any justice or justices that he duly served the said summons, in that case such justice or justices may proceed to hear and determine the case in the absence of such defendant, the hearing or the said justice or justices upon the non-appearance of such ant is apdefendant as aforesaid may, if he or they think fit, issue his or their warrant in manner hereinbefore directed, and shall adjourn the hearing of the said complaint or information until the said defendant shall be apprehended, and when such defendant shall afterwards be apprehended under such warrant, he shall be brought before the same justice or justices, or some other justice or justices of the same parish, who shall thereupon, either by his or their warrant (H) commit such defendant to the common gaol or other prison or place of security, or if he or they think fit, verbally to the custody of the constable or other person who shall have apprehended him, or to such other safe custody as he or they shall deem fit, and order the said defendant to be brought up at a certain time and place before such justice or justices of the peace as shall then be there, of which said order the complainant or informant shall have due notice; or if upon the day and at the place so ap- appear, and pointed as aforesaid such defendant shall attend voluntarily, in complainobedience to the summons in that behalf served upon him, or does not, shall be brought before the said justice or justices by virtue of listences mange any warrant, then, if the complainant or inforrnant, having had complaint, such notice as aforesaid, do not appear by himself, his counsel, discretion or attorney, the said justice or justices shall dismiss such com- hearing
, and plaint or information, unless for some reason he or they shall commit or think
proper to adjourn the hearing of the same unto some other defendant! day upon such terms as he or they shall think fit, in which case nizance. such justice or justices may commit(D.)(a) the defendant in the meantime to the common gaol or other prison or place of security, or to such other custody as such justice or justices shall think fit, or may discharge him upon his entering into a recognizance (E.)(a) 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 ; and if such defendant shall not afterwards appear at But if the the time and place mentioned in such recognizance, then the fail to resaid justice, who shall have taken the said recognizance, or any justice may justice or justices who may then be there present, upon certify- transmit the ing (F.)(a) on the back of the recognizance the non-appearance of zance to the the defendant, may transmit such recognizance to the clerk of the peace of the parish within which the offence shall be laid to have been committed, to be proceeded upon in like manner with other recognizances, and such certificate shall be deemed suf-ties appear, ficient prima facie evidence of such non-appearance of the said hear and defendant, but if both parties appear, either personally or by the case.
clerk of the peace.
If both par
(a) See HEARING AND EVIDENCE. (Post.)
13 Vc e. 35. their respective counsel or attornies before the justice or justices Island Act, who are to hear and determine such complaint or information,
then the said justice or justices shall proceed to hear and determine the same.
WARRANT TO REMAND A DEFENDANT WHEN APPREHENDED.
Schedule H. To
and to the keeper of the (common gaol or other prison) at
Whereas information was laid (or complaint was made) before the undersigned (one) of her majesty's justices of the peace in and for the said parish of
for that, (gc. as in the summons or warrant): And whereas the said A. B. hath been apprehended under and by virtue of a warrant upon such information (or complaint), and is now brought before me as such justice as aforesaid : These are therefore to command you the said constable, in her majesty's name, forthwith
convey the said A. B. to the common gaol or other prison), at
and there to deliver him to the said keeper thereof, together with this precept; and I do hereby command you, the said keeper, to receive the said A. B. into your custody in the said (common gaol or other prison), and there safely keep him until
day of instant, when you are hereby commanded to convey him at
at o'clock in the forenoon of the same day before such justices of the peace of 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 day of
in the in the year of our Lord, 18 at in the parish aforesaid.
16 Vic. c. 38. Jsland Act.
1852. Constable may stop
15 Vic. c. 38.] To encourage immigration into this island.
Isld. [26th February, 1852.] 15 Vic. c. 38, sec. 28.] It shall be lawful for any police any immi constable to stop any immigrant whom he shall find on any publicbtreet public street, highway, or place; and also for the owner or
occupier, or any servant of the owner or occupier of any land or the owner of house, to stop any immigrant upon or about such house or land; land, and on and if such immigrant shall fail, when required to produce his
(a) See HEARING AND Evidence. (Post.)
certificate of industrial residence, or his certificate of engage-15100 4.38. ment, or a certificate of exemption, or the receipt for the last quarterly duty, payable by such immigrant, to take such inmigrant forthwith before some neighbouring justice of the peace, to produce a who shall forthwith enquire into the case, and unless such immi- certificate of grant shall inake it appear that he is not liable to the payment residence, of such quarterly duty, or that he is not indebted in respect of ficate of enthe same, or that he has already undergone imprisonment for sagement or non-payment of the same, or shall make immediate payment of tion from the amount due by him in respect of such quarterly duty, such take him justice shall make order for the immediate committal of such before a immigrant to imprisonment, with hard labour, for a term of ten the peace, days for every sum of 58. of such quarterly duty.
29. It shall be lawful for any employer of any immigrant, or attain conany servant of such employer, or any constable, to apprehend Immigrants without warrant such immigrant being under an engagement to ensured as a labour, who, on any day on which he shall be bound to labour, two miles shall be found at a distance of more than two miles from the estate on estate or plantation on which he shall have been engaged to labour, without a written ticket of leave signed by such employed ployer, or his servant, and to cause such immigrant to be taken ticket of back to such estate or plantation.
commit him to prison in default of
which they arẻ em
leave, may be apprehended.
16 and 17 Vic c. 131.] To amend various laws relating to 16 & 17 Vic. merchant seamen.
Brit. [August 20th, 1853.]
c. 131. British stat.
1853. Offenders in
16 and 17 Vic. c. 131, sec. 65.] For all summary complaints, or Scotland other proceedings not brought for the recovery of any penalty, prehendeu. or sum of money, if the defender being duly cited shall fail to appear, the sheriff or justices may grant warrant to apprehend and bring him before the court.
IV. SEARCH-SEIZURES. (a)
7 VIC. c. 14. Island Act.
7 Vic. c. 14.] For the maintenance of good order in towns and communities.
Isls. (December 28th, 1843.]
7 Vic. c. 14, sec. 12.) For the more effectual prevention and suppression of all gambling houses and gaming, Be it enacted, that if two or more persons shall make oath in writing, to be by them taken and subscribed before any magistrate, which oath such magistrate is hereby empowered to administer and receive, that any house or room, or any place, in any parish of this island, is kept and used as a common gaming house, or that any parties have assembled or are to assemble in any house, premises, or other place, for the purpose of gambling, it shall be lawful for the said magistrate and any other magistrate or magistrates to be associated with him for that purpose by order, in writing, to authorize any constable or constables to enter into any such house, room, or other place, whether by day or by night, with all necessary assistants (and if required to use force for the purpose of effecting such entry, whether by breaking open the door or otherwise), and to take into custody all persons found therein, and to seize all tables and instruments of gaming, and all monies and securities for money, found in such house, room, or other place; and to take and carry every person and all instruments of gambling and monies so found before such magistrate signing the said order, or any two magistrates of the same parish.
11 Vic. c. 2. Island Act.
11 Vic. c. 14.] In aid of the act for the maintenance of order in towns and communities.
Isld. [December 28th, 1847.] 11 Vic, c. 14, sec. 2.] For more effectual suppression of gaming, may corder and for restraining the idle congregation of persons in dishouses to be orderly houses, and in lone and unfrequented places, it shall and
be awful for any justice of the peace, on two or more persons making oath that in any house, or room, or place in any parish of this island, is a place of common resort for idle, low, and disorderly persons, to order the said house or premises to be
entered by any constable or constables, and it shall be lawful for found there. the said constable or constables to take into custody all persons Bureties for found therein, and take and carry the said person or persons siour, or in before such justice of the peace signing the said order, or before
any two justices of the parish in petty session assembled, who, 11 Vic. c. 2. upon the evidence, on oath, of two witnesses, that the said person or persons, found in such disorderly place as aforesaid, is or are known to be loose and idle person or persons, subsisting without default to any visible means of livelihood, to require such person or persons mitted to to find sureties for his, her, or their good behaviour for three calendar months; or in default of such sureties, to commit the said person or persons to the common gaol till such sureties be found, or to be detained till the next court of quarter sessions, if the same shall be within the period of such said three calendar months, then to be discharged on his, her, or their own sureties: and it shall be lawful for any constable or constables on view of Constables any loose, idle, and disorderly persons congregated and assem-hend perbled in any open yard, or in any lone and unfrequented place, or in open by-path, or thoroughfare, for the purpose of playing at any frequent en unlawful games, or dicing, or carding, to apprehend and take places
gaunbling. into custody any person or persons so found congregated and assembled: and it shall be lawful for any justice of the peace, on the proof on oath of any such constable or constables, or any other person or persons, that the person or persons brought before him was or were so found assembled for the purpose of playing at any unlawful games, or dicing, or carding, to require sureties for good behaviour for three calendar months; and in default to be committed to the common gaol till such sureties be found, or to be detained till the next court of quarter sessions as aforesaid, and to be discharged on his, her, or their own sureties; but if the said constable or constables apprehending and taking into custody such person or persons as aforesaid, found in any disorderly house, room, or place as aforesaid, or in any open yard, lone and unfrequented place, by-path, or thoroughfare, as aforesaid; or if any other person or persons shall prove on oath that the Justices, said person or persons so taken into custody was or were actually gaming, or conducting, managing, or concerned in any game convict perwith cards or dice, or other device for gaming, though he shall sons gama not be able to prove that the person or persons found playing at infliet a fino any games in such places was or were playing for any money, sonment. wager, or stake, it shall and may be lawful for two or more justices of the peace, before whom proof thereof shall be made, to convict the person or persons as loose, idle, and disorderly persons, and to sentence him, her, or them, to any fine not exceeding sixty shillings, or to imprisonment in the nearest district, or other prison, there to be kept with or without hard labour, for any period of time, not exceeding thirty days; or it may be lawful for the said justices to convict the said person or persons so convicted to imprisonment as aforesaid, without imposing any pecuniary penalty in the first instance, if they shall so think fit,
of other per