13 VIC. c. 35.] To facilitate the duties of justices of the 13 Vic. c. 35. peace. ISLD. [February, 1850.] Island Act. 1850. ceedings any as to proany upon inforin mations for offences on summary charged, if any varia information dence, may mitted, or 13 Vic. c. 35, sec. 9.] In all cases of informations for offences or acts punishable upon summary conviction, variance between such information and the evidence adduced support thereof, as to the time at which such offence or act shall punishable be alleged to have been committed, shall not be deemed ma- convictions. terial, if it be proved that such information was in fact laid within the time limited by law for laying the same; and any variance between such information and the evidence adduced in support thereof, as to the parish in which the offence or act shall be alleged to have been committed, shall not be deemed material: Provided, that the offence or act be proved to have been committed within the jurisdiction of the justice or justices, by whom such information shall be heard and determined; and The party if any such variance, or any variance in any other respect deceived by between such information and the evidence adduced in support tion bethereof, shall appear to the justice or justices present and act- tween the ing at the hearing to be such that the party charged by such and eviinformation has been thereby deceived or misled, it shall be be comlawful for such justice or justices, upon such terms as he or they discharged shall think fit, to adjourn the hearing of the case to some future upon recogday, and, in the mean time to commit (D.) the said defendant to the common gaol, or other prison or place of security, or to such other custody as the said justice or 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, If he fail to That in all cases where a defendant shall be discharged upon the justices recognizance as aforesaid, and shall not afterwards appear at the may transtime and place in such recognizance mentioned, then the said cognizance justice, who shall have taken the said recognizance, or any of the peace. justice or justices who may then be there present, upon certi fying (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 non-appearance of the said defendant. nizance. re-appear, mit the re to the clerk hearing of mations. 12. Every such complaint and information shall be heard, As to the tried, determined, and adjudged by one or two or more justice or complaints justices of the peace, as shall be directed by the act upon which and inforsuch complaint or information shall be formed, or such other act or acts as there may be in that behalf; and if there be no such direction in any such act, then such complaint or information may be heard, 1850. Places in which jus sit to hear &c., to be 13 VIC. c. 35. tried, determined, and adjudged by any one justice of the peace 1sland Act. for the parish where the matter of such information shall have arisen; and the room or place in which such justice or justices. shall sit to hear and try any such complaint or information tices shall shall be deemed an open and public court, to which the public complaints, generally may have access, so far as the same can conveniently deemed an contain them; and the party against whom such complaint is open court. made, or information laid, shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf: and every complainant or informant in any such case shall be at liberty to conduct such complaint or information respectively, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf. Parties allowed to plead by counsel or attorney. Proceedings on the hear informa tions. 15. Where such defendant shall be present at such hearing ing of com- the substance of the information or complaint shall be stated to plaints and him, and he shall be asked if he have any cause to show why he should not be convicted, or why an order should not be made against him, as the case may be; and if he thereupon admit the truth of such information or complaint, and show no cause or no sufficient cause why he should not be convicted, or why an order should not be made against him, as the case may be, then the justice or justices present at the said hearing shall convict him, or make an order against him accordingly; but if he do not admit the truth of such information or complaint as aforesaid, then the said justice or justices shall proceed to hear the prosecutor or complainant, and such witnesses as he may examine, and such other evidence as he may adduce in support of his information or complaint respectively, and also to hear the defendant and such witness as he may examine, and such other evidence as he may adduce in his defence, and also to hear such witnesses as the prosecutor or complainant may examine in reply, if such defendant shall have examined any witnesses or given any evidence other than as to his the defendant's general character; but the prosecutor or complainant shall not be entitled to make any observations in reply upon the evidence given by the defendant, nor shall the defendant be entitled to make any observations in reply upon the evidence given by the prosecutor or complainant in reply as aforesaid; and the said justice or justices, having heard what each party shall have to say as aforesaid, and the witnesses and evidence so adduced, shall consider the whole matter and determine the same, and shall convict or make an order upon the defendant or dismiss the information or complaint as the case may be; and if he or they convict or make an order against the defendant, a minute memorandum thereof, shall then be made for which no fee shall be paid; and the conviction (L. 1.-3.) or order (K. 1.-3.) shall afterwards be drawn up by the said justice or justices in proper form, under his or their hand or hands, and he or they shall Island Act. 1850. cause the same to be lodged with the clerk of the peace, to be by 13 Vic. c. 35. him filed among the records of the general quarter sessions of the peace, or if the said justice or justices shall dismiss such information or complaint, it shall be lawful for such justice or justices, if he or they shall think fit, being required so to do, to make an order of dismissal of the same (L) and shall give the defendant in that behalf a certificate thereof (M.) which said certificate afterwards upon being produced without further proof shall be a bar to any subsequent information or complaint for the same matters respectively against the same party: Provided always, Proviso. That if the information or complaint in any such case shall negative any exemption, exception, proviso, or condition in the act on which the same shall be framed, it shall not be necessary for the prosecutor or complainant in that behalf to prove such negative, but the defendant may prove the affirmative thereof in his defence, if he would have advantage of the same. and com cases to be competent 15. Every prosecutor of any such information not having any Prosecutors pecuntary interest in the result of the same, and every complain- plainants in ant in any such complaint as aforesaid, whatever his interest certain may be in the result of the same, shall be a competent witness deemed to support such information or complaint respectively, and every witnesses, witness at any such hearing as aforesaid shall be examined and to be upon oath or affirmation, and the justice or justices before whom on oath. any such witness shall appear for the purpose of being so examined, shall have full power and authority to administer to every such witness the usual oath or affirmation. examined justices to cases, and defendant, upon his nizance. 16. Before or during such hearing of any such information or Power of complaint, it shall be lawful for any one justice or for the justices adjourn the present in their discretion to adjourn the hearing of the same to a hearing of certain time and place to be then appointed and stated in the presence commit the and hearing of the party or parties, or their respective attornies or or suffer agents then present, and in the meantime the said justice or him to go at justices may suffer the defendant to go at large, or may commit charge him, (D.) him to the common gaol, or other prison, or place of own recogsecurity, in the parish for which such justice or justices shall be then acting, or to such other safe custody as the said justice or justices shall think fit, or may discharge such defendant, 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 or further hearing shall be adjourned; and if, at the time or place to which such hearing or further hearing shall be so adjourned, either or both of the parties shall not appear personally, or by his or their counsel or attornies respectively before the said justice or justices or such other justice or justices as shall then be there, it shall be lawful for the justice or justices then there present to proceed to such or further hearing as if such party or parties were present; or if the prosecutor or complainant 1850. But if he fail to re justice may recogni 13 Vic.c.35. shall not appear, the said justice or justices may dismiss such Island Act. information or complaint with or without costs, as to such justices shall seem fit: Provided always, That in all cases where a defendant shall be discharged on recognizance as appear, the aforesaid, and shall not afterwards appear at the time transmit the and place mentioned in such recognizance, then the said zance to the justice or justices who shall have taken the said recognizance, or clerk of the any other justice or justices who may then be there present, upon certifying (F.) on the back of the recognizance the non-appearance of such accused party, 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 non-appearance of the said defendant. peace. Schedule E. E. RECOGNIZANCE FOR THE APPEARANCE OF THE DEFENDANT PROCEEDED WITH. Be it remembered that on labourer, and L. M. of , A. B. of planter, personally came before the undersigned (one) of her of good and lawful money of this island, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said lady the queen, her heirs and successors, if the said A. B. should fail in the condition endorsed. Taken and acknowledged the day and year first above mentioned at before me. J. S. The condition of the within written recognizance is such that if the said A. B. shall personally appear on the day of instant at o'clock in the forenoon at before such justices of the peace for the said parish as may then be there to answer further to the information (or complaint) of C. D. exhibited against A. B. and to be further dealt with according to law, then the said recognizance to be void, or else to stand in full force and virtue. NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO THE Take notice, that you A. B. are bound in the sum of that you A. B. appear personally on at before such justice of the peace for the said parish as shall then be there, to answer further to a certain information (or complaint) of C. D. the further hearing of which was adjourned to the said time and place, and unless you appear accordingly, the recognizance entered into by you A. B. and L. M. as your surety will forthwith be levied on you and him. 13 VIC. c.35 Island Act. 1850. Dated this 184 F. day of J. S. CERTIFICATE OF NON-APPEARANCE TO BE ENDORSED ON I hereby certify that the said A. B. hath not appeared at Schedule F. the time and place in the said condition mentioned, but therein hath made default, by reason whereof the within written recognizance is forfeited. D. J.S. WARRANT OF COMMITTAL FOR SAFE CUSTODY DURING AN To N. T. constable of and to the keeper of the (com mon gaol, or other prison) at day of noon at instant at Schedule D. |