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16 VIC C. 23. liable to imprisonment with hard labour in the female penitenIsland Act. tiary of St. Andrew, shall, by the court before whom such 1853. female shall be convicted, be ordered and adjudged to be imto be impri- prisoned and kept to hard labour in that part of the general general pe- penitentiary in Kingston, appropriated to the reception and confinement of female prisoners.

soned in

nitentiary.

16 VIC. c. 41.

16 Vic. c. 41.] An act to repeal part of the first section of the Island Act. 54 Geo. III. c. 31, entitled, "for the better maintenance of 1853. prisoners." ISLD. [April 19, 1853.]

16 Vic. c. 41, sec. 2.] From and after the first day of June, 1843, the inspector of prisons shall direct provision to be made for supplying, at the public expense, to all prisoners confined in the three county gaols (except persons willing to maintain themselves), such wholesome and necessary food of the kind, quantity, and quality as shall, from time to time, be directed and authorized by the physician to such county gaols, and approved of by the governor, or person exercising the functions of governor for the time being, under the provisions of any act or acts now or hereafter to be in force in this island, for supplying the prisoners in the several prisons with food and other necessaries.

16 & 17 VIC c. 107.

British stat.

1853.

Persons

previously] convicted

may on verdict be im

house of

16 and 17 VIC. c. 107.] The customs' consolidation act.
BRIT. [1853.]

16 and 17 Vic. c. 107, sec. 218.] When any verdict shall pass against any person in any court of record for any offence for which any pecuniary penalty shall have been inflicted by any act relating to the customs, and it shall be made to appear that prisoned in such person had been previously convicted of any similar offence, correction. the presiding judge or judges may order that such person shall, in lieu of payment of any penalty, be imprisoned in any house of correction, for a period not less than six nor more than twelve months, and the governor or keeper of such house of correction is hereby required to receive any person committed under such order.

XVII. COSTS.

17 VIC. c. 2.] For the warehousing of goods imported into this 17 Vic. c. 2. island, and for the prevention of smuggling.

Island Act.

ISLD. [Dec. 1st, 1853.] 1853.

coverable

proceedings

act, as in

17 Vic. c. 2, sec. 28.] In all suits or proceedings at the suit Costs reof the crown for the recovery of any duty, or penalty, or the by either enforcement of any forfeiture, under this or any act relating to parte di the customs, the parties thereto shall be entitled to recover costs under this against each other, in the same manner as if such suits or pro- civil actions ceedings were conducted and had between subject and subject, and the like amendments may be made in all such proceedings by the judge or court, as may now be made in civil actions.

1 VIC. c. 28. Island Act.

1838.

Prosecutors and wit

nesses' ex

paid if

&c.

XVIII. PROSECUTORS AND WITNESSES.

1 VIC. c. 28, sec. 18.] To amend the criminal law.
ISLD. [March 24th, 1838.]

1 Vic. c. 28, sec. 18.] The court before which any person shall be indicted and tried for any felony or aggravated misdepenses to be meanor, is hereby authorized and empowered, when it shall applied for, seem proper, and at request of the prosecutor, or of any other person who shall appear in recognizance or subpœna to prosecute or give evidence against any person accused of any felony or aggravated misdemeanor, to order payment unto the prosecutor of the costs and expenses which such prosecutor shall incur in preferring the indictment, and also payment to the prosecutor and witness as for the prosecution, and also to an interpreter of foreign languages when necessary, of such sums of money as to the court shall seem reasonable and sufficient to reimburse such prosecutor, witness, and interpreter, for the expenses they shall have severally incurred in attending at such trial.

Orders for payment to be drawn

general.

the

19. (Amended by 10 Vic. c. 42, post.) Every order made by supreme or assize courts for payment to any prosecutor, or on receiver other person as aforesaid, shall be forthwith made out and drawn upon the receiver-general, and delivered by the clerk of the court unto such prosecutor or other person, upon being paid for the same 3s. 4d. for the prosecutor, and 1s. 8d. for each other person, and no more; and all such orders shall be drawn on the receiver-general; and the receiver-general is hereby authorized and required, upon sight of every such order, forthwith to pay to the person named therein, or to any one duly authorized to receive the same, on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts.

Persons

active in

assisting the apprehension of

offenders to

be rewarded

at discre tion of the

court.

20. (Amended, ib.) Where any person shall appear to any of the said courts, on any trial for felony or aggravated misdemeanor, to have been active in or towards the apprehension of any person charged with any of such offences, such court is hereby authorized and empowered, in any such meritorious case, to order the receiver-general to pay to the person or persons who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the court shall seem reasonable under all circumstances of the case; and the receivergeneral is hereby authorized and required, upon sight of every such order, forthwith to pay to the person named therein, or to any one duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts.

io Vic. c. 42.] To re-amend the criminal law.

ISLD. [April 3rd, 1847.]

10 VIC. c. 42. Island Act.

1847.

quarter ses

draw on

receiver

payment of

secution,

interpreter

10 Vic. c. 42, sec. 2.] The presiding and assistant judges and Justices of justices of the several courts of quarter sessions of this island sions may shall have power, and they are hereby authorized, upon the trial ver of any indictment for felony or aggravated misdemeanor, when general for it shall seen proper, and at the request of the prosecutor, or of costs of proany other person who shall appear on recognizance or subpoena, and of witto prosecute and give evidence against any person accused of nesses and felony or aggravated misdemeanor, to order payment unto the in certain prosecutor of the costs and expenses which such prosecutor shall incur in preferring the indictment, and also payment to the prosecutor and witnesses for the prosecution, and also to an interpreter of foreign languages, when necessary, of such sums of money as to the court shall seem reasonable and sufficient to reimburse such prosecutor, witnesses, and interpreter for the expenses they shall have severally incurred in attending at such trial.

cases.

drawn must

out and

prosecutor,

3. Every order made by such court of quarter sessions for Orders so payment to any prosecutor, or other person as aforesaid, shall be be forthforthwith made out and drawn upon the receiver-general, and with made delivered by the clerk of the court unto such prosecutor or delivered to other person, upon being paid for the same the sum of 2s. for &c. the prosecutor, and 1s. for each other person, and no more; and the receiver-general is hereby authorized and required, upon sight of every such order, forthwith to pay to the person named therein, or to any one duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed for the same in his accounts.

any

persons

ing offend

4. Where any person shall appear to of the said courts of And for quarter sessions, on any trial for felony or aggravated misde- rewards to meanor to have been active in or towards the apprehension of apprehendany person charged with any such offence, such court is hereby ers. authorized and empowered in any such meritorious case to order the receiver-general to pay to the person or persons who shall appear to the court to have been active in and towards the apprehension of any person charged with any of the said offences such sum or sums of money as to the court shall seem reasonable, under all the circumstances of the case, and the receivergeneral is hereby authorized and required, upon sight of every such order, forthwith to pay to the person named therein, or to any one duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts with the public.

13 Vic. c. 21. Island Act.

1850.

any medical

at courts as

such, on

13 VIC. c. 21.] To remunerate medical practitioners for their attendance as witnesses in the several courts of this island. ISLD. [January 8th, 1850.]

13 Vic. c. 21, sec. 1.] Whereas it is but just and proper that legally qualified medical practitioners should be remunerated for their attendance in giving evidence as medical witnesses in the several courts of justice in this island and at coroners' inquests, and for the performance of post-mortem examinations at such Whenever inquests: Be it therefore enacted, That whenever any legally man attends qualified medical practitioner, in such his capacity as a medical practitioner, has attended at any court of assize, oyer and terbehalf of the miner, and general gaol delivery, or at any court of quarter or to be paid petty sessions, or before a bench of magistrates, to give evidence schedule A. on behalf of the crown, in any public prosecution or public investigation, in obedience to a subpoena or summons issued by the clerk of the crown, or clerk of the peace (as the case may be), it shall and may be lawful for the court to order and direct that the practitioner for such attendance be paid the remuneration or fee, as is hereinafter provided for in the schedule marked A. hereunto annexed.

crown, he is

as in

Clerk of the court to

draw order on receiver

general in favour of medical

practi. tioner.

Clerk of the

peace or clerk of the

2. Every order made by the assize courts, or courts of quarter sessions, for payment to any medical practitioner as aforesaid, shall be forthwith made out and drawn by the receiver-general, and delivered by the clerk of the court unto such medical practitioner; and every order made by a court of petty sessions, or bench of magistrates, for payment to any medical practitioner as aforesaid, shall be drawn by the clerk of the peace, or clerk magistrates, of the magistrates (as the case may be), and countersigned by the clerk of the vestry, or clerk of the common council, on the treasurers of the parishes respectively; and the receiver-general and parish treasurers respectively are hereby authorized and clerk of ves- required upon presentation of every such order, forthwith to try or clerk pay to the medical witness named therein, or to any person duly authorized to receive the same on his behalf, the money in such order mentioned, and shall be allowed the same in his accounts.

to draw

order on parochial treasurer, counter

signed by

of common council,

which is to

be forthwith paid

on presentation.

Schedule A.

£ s. d.

2 2 0

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For attending to give professional evidence at the
courts of assize

And for every mile from the place of residence of
the witness to the court house

And for every day that the witness shall be in
attendance to give his evidence

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For attending to give professional advice at the
quarter sessions or petty sessions

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