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13 Vic. c. 35. Isiand Act.

1850.

and there safely keep him until the

day of instant; when you are hereby reguired to convey

and have him the said A. B. at the time and place to which the said hearing is so adjourned as aforesaid, before such justices of the peace for the said parish as may then be there, to answer further to the said information (or complaint), and to be further dealt with according to law.

Given under my hand this day of of our Lord, 18"

at

in the parish aforesaid.

J. S.

in the year

15 & 16 Vic.

c. 44.

15 and 16 Vic. c. 44.] To amend and consolidate the laws British stat, relating to passengers by sea.

Brit. [June 30, 1852.]

1852.

Burden of proof to be

claiming exemption fron act.

Proof of negatives.

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.

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 proceedollicer, 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.

Proof of the

&c.

Passengers suing not incompetent 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, not withstanding the same, if recovered, shall be applicable to his own use and benefit.

1852.

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 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.

16 and 17 VIC. c. 107.] Customs' consolidation act.

BRIT. [1853.]

16 & 17 VIC

c 107. British stat.

1853.

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 paces on this 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 informa-determine tion, 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.

the case.

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 donat 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 appeare 1. 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.

1853.

Proceedings

voce.

16 and 17 Vic. c. 131.] To amend various laws relating to British stat. merchant seumen.

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 re-
cord shall be kept of the proceedings, other than the complaint
and the sentence or decree pronounced thereon.
2. It shall be in the power of the sheriff or justices of the

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.

Power to adjourn.

peace

17 Vic. c. 2.

1853.

17 Vic. c. 2.) For the warehousing of goods imported into this Island Act. island, and for the prevention of smuggling.

Islo. (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 aforesaido(a), it shall dajoin 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 determine 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, penalties

, 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

the case.

In default of

may be committed to gaol.

be paid.

17 Vic, c. 3. Island Act.

1853.

17 Vic. c. 3.] For regulating the granting of licenses for the retailing of distilled spirits, and for appropriating the revenue to arise therefrom. (6)

Isld. [December 1, 1853.] 17 Vic. c. 3, sec. 23.) No person shall be disqualified as a

(a) Vide SUMMONS. (Ante.)
(6) In force till December 31, 1858,

Island Act.

witness, in support of any information prosecuted under this act, 17 Vtc. 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 in which such information shall have been brought.

1853. Evidence of informant to be ad missible.

VIII. PENALTIES AND FORFEITURES. (a)

23 Geo. 111.

c. 8. Island Act.

1782.

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.

Isld. [1794.]

1794.

Penalties under £10.

How recoverable.

35 Geo. III. c. 18, sec. 23.] All penalties inflicted by this 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, bis heirs and successors, for and towards the support of the government of this island.

36 Geo. III.

c. 34.

1793.

35 GEO. III. c. 34.] For making a close harbour at Meagre Island Act. Bay, part of Montego Bay.

Islp. [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. (unte.)

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