inconvenient for the surety or sureties in such a case to attend at such gaol or prison, to join with such accused person in the recognizance of bail, then such committing Justice may make a duplicate of such certificate as aforesaid, and upon the same being produced to any Justice of the Peace for the Colony, or for the same island or district, it shall be lawful for such last-mentioned Justice to take the recognizance of the surety or sureties in conformity with such certificate; and upon such recognizance being transmitted to the keeper of such gaol or prison, and produced, together with the certificate on the warrant of commitment as aforesaid, to any Justice of the Peace attending or being at such gaol or prison, it shall be lawful for such last-mentioned Justice thereupon to take the recognizance of such accused party, and to order him to be discharged out of custody, as to that commitment, in manner hereinafter mentioned; and where any person shall be charged before any Justice of the Peace with any misdemeanour other than those herein before mentioned, such Justice, after taking the examinations in writing as aforesaid, instead of committing him to prison for such offence, shall admit him to bail in manner aforesaid; or if he have been committed to prison, and shall apply to one of the visiting Justices of such prison, or to any other Justice of the Peace for the Colony, before the first day of the sitting of the Court at which he is to be tried, or before the day to which such sitting or session may be adjourned, to be admitted to bail, such Justice shall accordingly admit him to bail in manner aforesaid; and in all cases where such accused person in custody shall be admitted to bail by a Justice of the Peace other than the committing Justice as aforesaid, such Justice of the Peace so admitting him to bail shall forthwith transmit the recognizance or recognizances of bail to the committing Justice, to be by him transmitted with the examinations to the proper officer: Provided nevertheless, that no Justice of the Peace shall admit any person to bail for treason, nor shall such person be admitted to bail except by order of the officer administering the government of the colony for the time being. XVII. That in all cases where a Justice of the Peace shall admit to bail any person who shall then be in prison, charged with the offence for which he shall be so admitted to bail, such Justice shall send to or caused to be lodged with the keeper of such prison, a warrant of deliverance under his hand and seal, requiring the said keeper to discharge the person so admitted to bail, if he be detained for no other offence, and upon such warrant of deliverance being delivered to or lodged with such keeper, he shall forthwith obey the same. No. 6. Ord. No. 5, 1855. Persons not admissible to Bail for Trea son. President alone can anthorize bail in such cases. Mode of proceeding where Justices admit in prison to persons already Bail. Power of Jus XVIII. That when all the evidence offered upon the part of the prosecution against the accused party shall have been heard, if the tices to disJustice of the Peace shall be of opinion that it is not sufficient to charge accused put such accused party upon his trial, such Justice shall forthwith party. order such accused party, if in custody, to be discharged as to the information then under inquiry; but if in the opinion of such Justice, such evidence is sufficient to put the accused party upon his trial, or if the evidence given raise a strong or probable presumption of the guilt of such accused party, then such Justice shall, by his warrant, commit him to the prison at Grand Cay, there to be safely kept until he shall thence be delivered by due course of law, or shall admit him to bail as hereinbefore mentioned, and every No. 6. 1855. warrant of commitment to prison shall be good, valid, and effectual Ord. No. 5, for the purposes therein mentioned, without being backed, notwithstanding that Grand Cay may be out of the jurisdiction of the Justice issuing such warrant; and the constable or any of the constables or other persons to whom the said warrant of commitment shall be directed, shall have full power and legal authority to convey such accused person therein named or described to the said prison, notwithstanding that such constable or other person shall not be a constable or peace-officer for Grand Cay. Accused par ties entitled to copies of depositions. Forms of process to be prepared. Explanation of terms. The Stipendiary Justice or assistant Stipendiary Justice may act alone when two Justices of the Peace are not to be had. XIX. That at any time after all the examinations aforesaid shall have been completed, and before the first day of the term, or other first sitting of the Court, at which any person so committed to prison or admitted to bail as aforesaid, is to be tried, such person may require and shall he entitled to have, of and from the officer or person having custody of the same, copies of the depositions on which he shall have been committed or bailed, on payment of a reasonable sum for the same, not exceeding at the rate of three halfpence for each folio of ninety words. XX. That it shall be lawful for the officer administering the Government of the Colony for the time being, to cause to be prepared the several forms by this Ordinance required, and all such forms, after they shall have been so prepared, shall be printed for general information, and shall be used and followed by the several Justices of the Peace within this Presidency, in transacting the business of their office as such Justices as closely as may be, and shall be held to be good and sufficient in law. XXI. That throughout this Ordinance wherever the words Queen's Advocate" occur, they shall be understood to refer to any person prosecuting on behalf of Her Majesty; wherever the word "Justice occurs, it shall be understood to refer not only to one Justice of the Peace, but also to more than one where more are necessary; and where in referring to any person or thing the masculine gender or singular number is used, it shall be held to refer as well as to the feminine gender, and to the plural number, unless such construction would be repugnant to the sense of the sentence. XXII. And whereas from the scattered state of the population upon some of the islands of the colony, and the absence of an adequate number of Justices of the Peace to carry out those enactments which require the presence of two or more Justices, whereby the administration of Justice might be impeded; Be it ordained, that where any law requires that two or more Justices should perform any act, and the required number of Justices cannot be had, in such case the Stipendiary Justice of such district may act alone, and carry out and enforce any such law or enactment. FORMS FRAMED UNDER THE AUTHORITY OF THE No. 1. INFORMATION AND COMPLAINT. The information and complaint of Turks and Caicosken this Islands, to wit. day of before the undersigned (one) of Her Majesty's Justices (labourer) hath this day been charged upon oath before the undersigned, (one) of Her offence) at did (dc., stating shortly the These are therefore to command you in Her Majesty's name, forth- dealt with according to law. day of at To A. B. of in the year of our Lord Whereas you have this day been charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said for that you on at (&c., stating shortly the offence). These are therefore to command you in Her Majesty's name, to be and appear before me on o'clock in the forenoon at at or before such other Justice or Justices of the Peace for the same as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not. Given under my hand and seal this day of at No. 6. Ord. No. 5, 1855. (one) of Her Majesty's Justices of the Peace in and for the said for that (dc., as in the summons). And whereas, (I) then issued (my) summons to the said A. B., commanding him in Her Majesty's name to be and appear before (me) on at o'clock in the forenoon at or before such other Justice or Justices of the Peace for the as might then be there, to answer to the said charge, and to be further dealt with according to law. And whereas the said A. B. hath neglected to be or appear at the time and place appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons was duly served upon the said A. B.; These are therefore to command you in Her Majesty's name forthwith to apprehend the said A. B., and to bring him before me or some other of Her Majesty's Justices of the Peace, in and for the said to answer to the said charge, and to be further dealt with according Given under my hand and seal this in the aforesaid. No. 5. day of at J. S. (L. S.) INDORSEMENT IN BACKING A WARRANT. Whereas proof upon oath hath this day been made to wit. before me, one of Her Majesty's Justices of the Peace for the that the name of J. S. to the within warrant subscribed, is of the handwriting of the Justice of the Peace within mentioned; I do therefore hereby authorize W. T. who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all constables and other peace-officers of the said to execute the same within the said last-mentioned* and to bring the said A. B., if apprehended within the same before me, or before some other Justice or Justices of the Peace, of These are to require you to be and to appear before me on next at o'clock in the forenoon at or before such other Justice or Justices of the Peace for the same as may then be there, to testify what you shall know concerning a certain charge of said A. B. Herein fail not. in the aforesaid. made against a certain day of at J. S. (L. S.) *The words following this asterisk are to be used only where the Justice backing the warrant shall think fit. No. 7. WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS. and to all other peace-officers To the constable of in the said Whereas information having been laid before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said that A. B. (&c., as in the summons,) and it having been made to appear to (me) that E. F. of (labourer) was likely to give material evidence for the prosecution, I did duly issue any summons to the said E. F., requiring him to be and appear before me, on or before such other Justice or Justices of the Peace for the same as might then be there, to testify what he should know respecting the said charge so made against the said A. B. as aforesaid. And whereas at proof hath this day been made before me upon oath of such summons having been duly served upon the said E. F.; And whereas, the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered for such neglect. These are therefore to command you to bring and have the said E. F. before me on o'clock in the forenoon, at of the Peace for the at or before such other Justice or Justices what he shall know concerning the said charge so made against the Given under my hand and seal, this in the year of our Lord day of at J. S. (L. S.) No. 8. WARRANT FOR A WITNESS IN THE FIRST INSTANCE. To the constable of the said of and to all other peace-officers in (labourer) Whereas information hath been laid before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said that (dc., as in summons); and it having been made to appear to (me) upon oath, that E. F. of is likely to give material evidence for the prosecution, and that it is probable that the said E. F. will not attend to give evidence without being compelled so to do: These are therefore to command you to bring and have the said E. F. before me on o'clock in the forenoon at Justice or Justices for the Peace, for the at or before such other as may then be there, to testify what he shall know concerning the said charge so made against the said A. B. as aforesaid. Given under my hand and seal, this day of at J. S. (L. S.) No. 6. Ord. No. 5, 1855. |