13 VIC. c. 35. Island Act. 1850. and there safely keep him until the day of Given under my hand this at of our Lord, 18 aforesaid. J. S. c. 44, 15 & 16 VIC. 15 and 16 VIC. c. 44.] To amend and consolidate the laws British stat, relating to passengers by sea. 1852. Burden of proof to be claiming exemption from act. BRIT. [June 30, 1852.] 15 and 16 Vic. c. 44, sec. 77. If in any suit, action, prosecuon persons tion, or other legal proceeding under this act, any question shall arise whether any ship was, or was not, exempted from the provisions of this act, or any of them, the burden of proving that such ship was so exempted shall lie on the party claiming the benefit of the exemption; and failing such proof it shall, for any such purpose as aforesaid, be taken and adjudged that the ship did come within the provisions of this act; and it shall not be necessary, in any information, complaint, or other process or proceeding, to negative any exemption, proviso, or condition contained in any section of this act on which such information, complaint, or other process or proceeding shall be framed, neither shall it be necessary for the complainant to prove the negative, but the defendant may prove the affirmative thereof if he will have advantage of the same. Proof of negatives. Proof of the party being &c. 78. If in any proceeding before any justice or justices of the an emigra peace under this act, or upon any action, suit, or other proceedtion officer, ing whatsoever, against any person, for anything done either contrary to or in pursuance of this act, a question should arise whether any person is an emigration officer or assistant emigration officer, or an officer of customs, viva voce evidence may be given of such fact by the officer himself, and shall be deemed legal and sufficient evidence. Passengers suing not incompe tent witnesses. 79. Any passenger suing under this act for any sum of money made recoverable by this act as passage money, subsistence money, or compensation, shall not be deemed an incompetent witness in any proceeding for the recovery thereof, notwithstanding the same, if recovered, shall be applicable to his own use and benefit. c. 44. allowed, ror to be 75. No objection shall be taken or allowed to any complaint, 15 & 16 Vic. information, summons, or warrant under this act, for any alleged British stat. defect therein, either in substance or in form, or for any variance 1852. between such complaint or information, and the evidence adduced No objecon the hearing thereof; but if any variance shall appear to the tion to be justice or justices present, and acting at such hearing to be such convictions that the party so summoned and appearing has been thereby quashed for deceived or misled, it shall be lawful for such justice or justices, want of upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to such safe custody as the said justice or justices may think fit, or to discharge him upon his recognizance, with or without sureties, to appear at such time and place as may be appointed: no conviction, order, adjudication, or other proceeding under or in pursuance of this act shall be quashed or vacated for want of form. form. 16 and 17 VIC. c. 107.] Customs' consolidation act. BRIT. [1853.] 16 & 17 VIC. c 107. British stat. 1853. party on the place ap justices may 16 and 17 Vic. c. 107, sec. 271.] If on the day and at the place on attendappointed in such summons as aforesaid, the party so summoned ance of the shall appear before the justice or justices who are to hear day and at and determine such complaint or information, then such justice pointed, or justices shall proceed to hear and determine the same, and hear and upon proof of the matter contained in such complaint or information, either upon the confession of the party, or upon the oath of one or more credible witness or witnesses shall convict the party charged in such complaint or information. determine the case. summoned appear, proceed as 272. If upon the day and at the place appointed in such If party summons for the appearance of the party so summoned, in case to answer he shall fail to appear in obedience to such summons, then and do not in every such case, if it be proved upon oath or affirmation to justice to the justice or justices then present that such summons was duly if he had served upon such party a reasonable time before the time appeared. appointed for his appearance as aforesaid, it shall be lawful for such justice or justices to proceed ex parte to the hearing of such information or complaint, and to adjudicate thereon as fully and effectually to all intents and purposes as if such party had personally appeared before him or them in obedience to such summons. 16 & 17 VIC. c. 131. 16 and 17 VIC. c. 131.] To amend various laws relating to British stat. merchant seamen. 1853. Proceedings to be viva voce. BRIT. [August 20, 1853.] 16 and 17 Vic. c. 131, sec. 61.] The whole procedure, in cases in Scotland brought in a summary form before the sheriff or justices of the peace, shall be conducted viva voce, without written pleadings, and without taking down the evidence in writing; and no record shall be kept of the proceedings, other than the complaint and the sentence or decree pronounced thereon. Power to adjourn. 2. It shall be in the power of the sheriff or justices of the peace to adjourn the proceedings from time to time, to any day or days to be fixed by them in the event of absence of witnesses, or of any other cause which shall appear to them to render such adjournment necessary. 17 VIC. c. 2. 17 VIC. c. 2.] For the warehousing of goods imported into this Island Act. island, and for the prevention of smuggling. 1853. ance, or ISLD. [December 1, 1853.] 17 Vic. c. 2, sec. 43.] Upon the appearance of any party On appear summoned [in pursuance of this act] (a), or in case of his or her default of default, then upon proof, to the satisfaction of the justices, that of party on the party was duly summoned in manner aforesaid (a), it shall day at place be lawful for any two justices of the peace to proceed to the justices may examination of the matter contained in such information; and appearance appointed, hear and determine the case. In default of upon due proof thereof, either upon the confession of the party, or upon the oath or oaths of one or more credible witness or witnesses, to convict such party of the offence charged in such information; and in case of non-payment of any penalty or payment of penalties which such party may have incurred for such offence, such justice, or one of them, or any justice or justices of the peace, are or is hereby authorized, by warrant under hand and seal, to commit such party to any gaol or prison in the said island, there to remain until the said penalty or penalties shall be paid. penalties, offender may be committed to gaol. 17 Vic. c. 3. 17 VIC. c. 3.] For regulating the granting of licenses for the Island Act. retailing of distilled spirits, and for appropriating the revenue to arise therefrom. (b) 1853. ISLD. [December 1, 1853.] 17 Vic. c. 3, sec. 23.] No person shall be disqualified as a (a) Vide SUMMONS. (Ante.) Island Act. witness, in support of any information prosecuted under this act, 17 Vic. c. 3. by reason of his being the informer, or on a presumption of interest arising out of his being a resident in the parish which such information shall have been brought. in 1853. Evidence of informant to be ad missible. 23 GEO. III. c. 8. Island Act. 1782. VIII. PENALTIES AND FORFEITURES. (a) 23 GEO. III. c. 8.] For regulating the navigation of the Black River. ISLD. [December 7, 1782.] 23 Geo. III. c. 8, sec. 16.] All penalties or forfeitures in this act before-mentioned, and not mentioned and expressed hereinbefore how or where to be recovered, shall be recovered, adjudged, and imposed by any two justices of the said parish; and be levied (and collected) by warrant, under the hands and seals of two justices of the said parish, by distress and sale of such distress, [to the use and] for the cleansing, scouring, and ballasting the said rivers; anything in this or any other act to the contrary notwithstanding. 35 GEO. III. c. 18. 35 GEO. III. c. 18.] For the better regulating the police in the Island Act. town of Kingston. 1794. Penalties How recoverable. ISLD. [1794.] 35 Geo. III. c. 18, sec. 23.] All penalties inflicted by this under £10. act not exceeding £10, and not hereinbefore directed in what manner the same shall be recovered, by complaint to any two of his majesty's justices of the peace for the parish of Kingston, who are hereby directed and empowered to compel the payment by warrant of distress and sale of the goods and chattels of the Application party liable to pay the same; one moiety thereof to the inof penalties. former, or him, her, or them, who shall sue or prosecute for the same, and the other moiety thereof to his majesty, his heirs and successors, for and towards the support of the government of this island. 56 GEO. III. c. 34. 35 GEO. III. c. 34.] For making a close harbour at Meagre Island Act. Bay, part of Montego Bay. ISLD. [1795.] 1795. 35 Geo. III. c. 34, sec. 45.] All penalties and forfeitures by this act inflicted or directed so to be, concerning the recovery of which no particular direction is hereby given, shall, if the same be not paid on demand, be recovered and levied by distress and (a) See note to Tit. PENALTIES. &c. (Ante.) |