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V. COMMITTAL-BAIL.

6 Vic. c. 59. Island Act.

6 Vic. c. 59.] For regulating the police of Port Royal.

Islb. (1832.)

1812.

Constables may

offenders after nine o'clock.

6 Vic. c. 19, sec. 42.] In case any person or persons punishable bunal for such on summary conviction under this act, shall be delivered into,

or be in such custody at such police station, or lock-up house as aforesaid, without warrant, after the hour of nine o'clock at night, it shall and may be lawful for such constable, police constable, or keeper, if he shall deem it prudent and proper, to take bail, by recognizance, with or without surety, and without any fee or reward, from such persons, conditioned for his or her appearance for examination before two justices of the peace of the said parish at the usual place of meeting for business of the justices of the

peace in the said town, and at such carliest time then next after, when such justices shall or may be in attendance, and thereupon to discharge from his custody the person so charged or offending, and every recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for estreating thereof, as if the same had been taken before a justice of the peace, and the name, residence, or occupation of the party, and his surety or sureties, if aliy, entering into such recognizance, together with the condition thereof, and the sums respectively acknowledged, shall be entered in a book to be kept for that purpose, which shall be laid before such justices as shall be present at the time and place when and where the party is required to appear; and if the party do not appear at the time and place required, or before the termination of the sitting of the justices, the justices shall cause a record of the recognizance to be drawn up, and shall return the same to the next general or quarter-sessions for the parish of Kingston, with a certificate at the back thereof, signed by such justices, that the party or parties have not complied with the obligation therein contained; and the clerk of the peace of the said parish of Kingston shall make the like extracts and schedules of every such recognizance, as of recognizances forfeited in the sessions of the peace, and the justices of the peace shall and may, immediately after such default in attendance as aforesaid, issue his or their warrant for the apprehension of the offender to answer the charge, or give evidence, as the case may be, and if the party, not appearing, shall apply, by any person on his behalf, to postpone the hearing of the charge ayainst him or her, and the justices sliall think fit to consent thereto, the justices shall be at liberty to enlarge the recognizance to such further time as they shall appoint, and when the matter shall be heard and determined, either by the dismissal of the complaint or by binding the party over to answer the matter thercof at the sessions or otherwise,

Islaud det.

the recognizance or recognizances for the appearance of the Vic.c.69. party or parties before the justices shall be discharged, without fee or reward.

1042

Island Act.

7 Vic. c. 14.] For the maintenance of good order in towns and 7 Vic. c. 11. communities.

Isld. (December 1st, 1843.]

1843.

7 Vic. c. 14, sec. 17.] When any person, charged by any other Parties in person with any misdemeanor punishable on summary conviction give his uniler the provisions of this act, shall be, without warrant, in the own bail. custody of any serjeant or police constable at any station house after the hour of six o'clock in the evening, it shall be lawful for the serjeant or police constable in charge of the station-house to require the person making such charge to enter into a recognizance, without sureties, conditioned as hereinafter mentioned; and upon his or her refusal so to do, it shall be lawful for such serjeant or police constable to detain the person making such charge until he comply, or until he can be brought before a magistrate; and, if he shall deem it prudent, to discharge from custody the person so charged, upon his entering into recognizances, with or without sureties, conditioned as hereinafter mentioned.

recognizance so

18. Every recognizance so taken shall be without fee or No fees on reward, and shall be conditioned for the appearance of the

person thereby bound, before a magistrate of the parish in which such taken. station-house shall be situated at the time and place of the next court, and the time and place of appearance shall be specified in the recognizance; and the serjeant or police constable shall enter in a book, to be kept for that purpose by them respectively, the name, residence, and occupation of the party, and his surety or sureties (if any) entering into such recognizance, together with the condition thereof and the sum thereby acknowledged, and shall return every such recognizance to the magistrates present at the time and place when and where the party is bound to appear, or to some other magistrates of the same parish, within twenty-four hours after taking such recognizance, and in the event of a Sunday intervening, within forty-eight hours thereafter.

18. If the party shall not appear at the time and place required, Parties not or before the termination of the sitting, the magistrates shall appearing, certify, on the back of such recognizance, that the party has zance may not complied with the obligation therein contained; and the clerk of the peace shall make the like estreats of every such recognizance as of other recognizances which have been forfeited in the

be forfeited.

1843.

7. VIC. C. 14. sessions of the peace; and the magistrates shall immediately

issue a warrant for the apprehension of the offender to answer the charge, or to give evidence, as the case may be, and if the party not appearing shall apply by any person on his behalf to postpone the hearing of the charge, and the magistrate shall think fit, with the consent of the sureties thereto, they shall be at liberty to enlarge the recognizance to such further time as they shall appoint; and when the matter shall be heard and determined, either by the dismissal of the complaint or conviction of the defendant, or by binding the parties over to prosecute and answer the matter thereof at the sessions or otherwise, the recognizances for the appearance of the parties before the magistrates shall be discharged without fee or reward.

15 Vic. c. 3. Island Act.

17 Vic. c. 3.] To organize a general police and constabulary force.

Islo. [December, 1851.]

1851.

Partics charged with misdemeanors and petty

brought without

absence of a justice be admitted to bail by in.

Sergeants.

15 Vic. c. 3, sec. 28.] When any person charged with any misdemeanor, or petty larceny, shall be brought without the

warrant of a justice of the peace into the custody of any inspecfelonics, and tor or sergeant of police, appointed under this act, it shall be

lawful for such inspector or sergeant if he shall deem it prudent, eustadt onto (provided the attendance of the justice of the peace before whom in secetaries, the party charged with such misdemeanor or petty larceny, is may in the to be taken for examination, on such charge cannot be procured

within twenty-four hours,) to take bail by recognizance without

any fee or reward from such person, conditioned that such spectors or person shall appear for examination before a justice of the peace

at some place, to be specified in the recognizance, and at such earliest time then next after, when such justice of the peace shall be in attendance; and every recognizance so taken, shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for estreating thereof as if the same had

been taken before a justice of the peace; and the name, resientered in a dence, and occupation of the party, and his surety or sureties, if laid before any, entering into such recognizance together with the condition the justices. thereof, and the sum respectively acknowledged shall be entered

in a book kept for that purpose, which shall be laid before such

justices as shall be present at the time and place when and where If party do the party is required to appear; and if the party do not appear a record or at the time and place required the justice shall cause a record of zance to be the recognizance to be drawn up and shall return the same to returned to the next general or quarter-sessions, for the parish or precinct in

which the offence charged should be brought for trial, with a certificate at the back thereof signed by such justice, that the party or parties have not complied with the obligation therein

Recogni-
Zances to be

sessions.

Proceedings thereon.

Island Act.

1851.

contained, and the clerk of the peace shall make the like extracts 15 Vic. c. 3. and schedules of every such recognizance, as of recognizances forfeited in the sessions of the peace; and if the party not appearing shall apply by any person on his behalf to postpone the hearing of the charge against him, and the justice shall think fit to consent thereto, the justice shall be at liberty to enlarge the recognizance to such further time as he shall appoint; and when the matter shall be heard and determined, either by the dismissal of the complaint, or by binding the party over to answer the matter thereof at the sessions or otherwise, the recognizances for the appearance of the party before a justice shall be discharged without fee or reward. (a)

(a) This act expires on the 31st of December, 1854.

VI. SUBPENAS-WITNESSES.

10 & 11 Vic.

10 and 11 Vic. c. 62.] For the establishment of penal prisons.

BRIT. [July 2nd, 1847.]

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10 and 11 Vic. c. 62, sec. 14.] Any justice or justices of the peace may sunimon any witness to appear and give evidence before him or them upon any matter cognizable under this act, at a time and place appointed for hearing the information or complaint, and by warrant under his hand and seal or their hands and seals may require any person to be brought before him or them, who shall neglect or refuse to appear to give evidence at the time or place appointed in such summons, proof upon oath being first given of personal service of the summons upon the person against whom such warrant shall be granted; and such justice or justices may commit any person coming or brought before him or them, who shall refuse to give evidence, to any common gaol or house of correction, there to remain without bail or mainprize for any time not exceeding six calendar months, or until such person shall sooner submit himself to be examined, and in case of such submission the order of any such justice or justices shall be sufficient warrant for the discharge of such

person.

1 Vic. c. 25. Island Act.

Vic. c. 25.] To regulate the costs of distress, levied for payment of small rents, rates, and taxes.

IsLD. [March 24th, 1838.]

1838.

Witness to be sum

justice at request of

in care of neglect attend.

I Vic. c. 25, sec. 4.] It shall be lawful for the justice at the moned by request of the party complaining or complained against, to

summon all persons as witnesses, and to administer an oath to parts.com- them touching the matter of such complaint or defence against againot, and it, and if any person or persons so summoned shall not obey such

summons without any reasonable or lawful excuse, or refuse to be examined upon oată, or if a Quaker or Moravian, upon solemn affimation), then every such person so offending shall forfeit and pay a sum not exceeding forty shillings, to be ordered, levied, and paid in such manner and by such means and with such power of commitment as is herein directed as to such order and judgment to be given between the party or parties in the original complaint, excepting so far as regards the form of the order, and hereinafter provided for.

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