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16 & 1 Vic.
c. 107 British stat.
16 and 17 Vic. c. 107.] Customs' consolidation act.
1853 Justices may condemn goods liable to forfeiture.
16 and 17 Vic. c. 107, sec. 274.) Any justice before whom any complaint or information under this or any other act relating to the customs, shall be judicially brought, may summon any person required as a witness wherever in the United Kingdom such person shall be or reside, to appear before him or any other justice or justices to testify what he shall know concerning the matter of such complaint or information; and if any person so summoned shall refuse or neglect to appear at the time and place appointed by such summons, and no just excuse shall be offered for such neglect or refusal, then, after proof upon oath or affirmation that such summons was duly served upon such person, either personally or by leaving the same at his last or usual place of abode, or on board any ship to which such person may belong, or who having appeared according to the exigency of such summons shall refuse to take oath, or, if a Quaker or other person having legal power to make affirmation, refuse to affirm, or shall refuse to give evidence or to answer according to
the best of his knowledge and belief any legal questions required Penalty for of him, such person shall for every such default or offence forfeit
such sum not exceeding £50, as such justice shall see fit. (a)
neglecting to attend.
FORM OF SUMMONS FOR WITNESSES.
You are hereby required personally to be and appear, on the day of next ensuing at the hour of o'clock in the forenoon, at
of before me, or such other of her majesty's justices of the peace for the said
be then and there present, to give evidence and testify the truth according to your knowledge concerning the fact alleged in a certain information exhibited against C. D. under the customs' consolidation act, 1853, wherein fail not under the penalty therein provided.
Given under my hand and seal at in the this day of in the year of our Lord
(a) See INFORMATIONS. (Ante.)
VII. HEARING AND EVIDENCE.
6 and 7 WILL. IV. c. 114.] For enabling persons indicted of 6 & 7 WILL. felony, to make their defence by counsel or attorney.
BRIT. [20th August, 1836.]
IV. c. 114. British stat,
In cases of summary
6 and 7 Will. IV. c. 114, sec. 2.] In all cases of summary conviction, persons accused shall be admited to make their full conviction. answer and defence, and to have all witnesses examined and cross-examined by counsel or attorney.
4. All persons under trial shall be entitled at the time of Prisoners their trial to inspect, without fee or reward, all depositions (or inspect
depositions copies thereof) which have been taken against them and returned into the court before which such trial shall be had.
6 Will. IV. c. 32.) For the more effectual protection of 6 W14.IV. persons and property.
Isls. [15th June, 1836.] 6 Will. IV. c. 32, sec. 13.] In case the justices shall find any shall abstain misdemeanor complained of under this act, to have been accompanied by any attempt to commit felony, or shall be of they conopinion that the complaint is from any other circumstance a fit plaint a fit subject for a prosecution by indictment, they shall abstain from subject for any adjudication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this act.
from adjudication if
7 Will. IV. c. 36.] For consolidating and amending the laws 7 W... IV of this island relative to malicious injuries to property.
7 WILL. IV. c. 40.) For consolidating and amending the laws Island Acts, in this island relative to larceny and other offences connected therewith.
Isld. [4th March, 1838.] 7 Will. IV. c. 36, sec. 26 ; 7 Will. IV. c. 40, sec. 59.] On The evithe prosecution of every offence punishable on summary con- derece or viction under these acts, the evidence of the party aggrieved aggrieved, shall be admitted in proof of the offence, and also the evidence inhabitant of any inhabitant of the parish (sec. 59], county, or parish in which the offence shall have been committed, notwithstanding any
of parish, admitted
7 W11.IV. forfeiture or penalty incurred by the offence, may be payable to 7 Will.iv. the use of the parish [sec. 59] to the general rate of such Island Acts, county or parish.
7 WM IV. &1 Vic.
c. 36. British stat.
7 Will. IV. and i Vic c. 36.] An act for consolidating the laws relative to offences against the post-office.
BRIT. [12th July, 1837.]
Officers of the post office not
7 Will. IV. and 1 Vic. c. 36, sec. 21.] Upon the trial or hearing
of an information exhibited or complaint made under the postdisqualified office acts, any officer of the post-office shall be a competent witnesses. witness, notwithstanding that such officer may be the informant
or complainant, or may be entitled to or expect a part of any
4 Vic, c. 11. Island Act.
4 Vic. c. 11.] For regulating hawking and peddling.
Isld. [Nov. 27, 1840.)
4 Vic. c. 11, sec. 13.) The informer who shall prosecute for any penalty imposed by this act shall be a competent witness, notwithstanding such informer may be entitled to such part or proportion of such penalty on the conviction of the offender if the same shall be inflicted or laid, and in case of the non-payment of the same, then to be recovered as is hereinbefore provided.
5 Vic. c. 43. Island Act.
5 Vic. c. 43.] To enlarge the powers of justices in determining complaints between masters and servonts.
claim to the
5 Vic. c. 43, sec. 23.] The justices before whom any comem porwand plaint shall be made for the non-payment of wages or for any employer, offence against the provisions of this act, may examine on oath &c., notwithstand any employer or servant coming before them as complainant or ing their
defendant, and also any witness offered by either party, and any forfelture. inhabitant of the parish in which the complaint shall be made
notwithstanding any forfeiture or penalty may be payable to
6 Vic. c. 59.) For regulating the police of Port Royal.
6 Vic, c. 59. Island Act.
of party aggrieved
6 Vic. c. 59, sec. 45.] In the prosecution for offences punish- Evidence able on summary conviction under this act, the evidence of the party aggrieved shall be admitted in proof of the offence, and mouri de also the evidence of any inhabitant of the said parish of Port Royal, notwithstanding any forfeiture or penalty incurred for the offence may be payable to the use of the parish.
7 Vic. c. 14.] For the maintenance of good order in towns and and add communities.
Islo. December 1, 1843.]
7 Vic, c. 14, sec. 14.] It shall not be necessary in support of Not necekany information for gaming or suffering any games, or gaming prove that in, or for keeping or using or being concerned in the manage- for money. ment or conduct of a common gaming-house under this act, to prove that any person found playing at any game therein was playing for any money, wager, or stake.
27. Any inhabitant of the parish may be examined as a wit- Inhabitant ness, notwithstanding the penalty or any part thereof be given witness. to the use of such parish or to the witness.
30. In case the magistrates shall find any misdemeanor com- Magistrate plained of under this act, to have been acrompanied by any from adjufelonious intent or otherwise, in their discretion shall consider dication. the same ought to be prosecuted by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects, in the same manner as if this act had not been passed.
7 Vic. c. 25.] For making and maintaining a railway from 7 Vic. c. 25. Kingston to Spanish Town.
7 Vic. c. 25, sec. 120.] In all cases of prosecution for offences Authentiagainst the rules, bye-laws, orders, and regulations of the said laves to be company, the production of a written or printed paper, purporting to be the rules, bye-laws, orders, and regulations of the said company, and authenticated by having the common seal of the company affixed thereto, shall be evidence of the existence of such rules, bye-laws, orders, and regulations; and it shall be sufficient to prove that such rules, bye-laws, orders, and regula
7. Vtc. c. 25. tions have been made public by exhibiting, in a conspicuous
place at the termini of the said railway, for the time being, and in or upon any toll-house of the said company, a written or printed copy thereof.
9 Vic. c. 11.
9 Vic. c. 11.) For granting additional powers to the Kingston Island Act. and Liguanea water-works company,
Islo. (December 5, 1845.]
In cases of prosecution,
such bye laws.
9 Vic. c. 11, sec. 3.) In all cases of prosecution for offences the bye lawr, against the bye-laws, rules, orders, and regulations of the said pany shall company, the production of a written or printed paper, purportbe cecidence ing to be the bye-laws, rules, orders, and regulations of the said
company, and authenticated by having the common seal of the company affixed thereto, shall be evidence of the existence of such bye-laws, rules, orders, and regulations, and it shall be sufficient to prove that such bye-laws, rules, orders, and regulations have been made public by the exhibition of a written or printed copy thereof, in a conspicuous place, at the office of
the said company.
11 Vic. c. 36. Igland Act
11 Vic, c. 36.] For regulating pawnbrokers.
Islo. (December 28, 1847.]
1847 Convicted persons,&c.,
to prosecute or inform against persons.
11 Vic. c. 36, sec. 26.] No person who has been convicted of not allowed any fraud, or of obtaining money under false pretences, or of
any felony whatsoever, shall be allowed to prosecute or inform against any person for any offence committed against this act.
Act to ex tend to
&c., of pawnbrokers.
28. All and every the provisions, regulations, and clauses, executors
, contained in this present act, shall extend to and include the
executors, administrators, and assigns, of all and every deceased pawnbroker, in the same manner as the same extend to and include the pawnbroker when living, save and except that no such executor or administrator of any such deceased pawnbroker shall be answerable for any penalty or forfeiture personally, or to be paid out of his, her, or their own mouies or estates, unless the same shall be incurred and forfeited by his, her, or their own act or neglect.