Island Act. 2. Such writs of certiorari may be applied for, and issued 5 Vic. e. 48 before such indictment has been found, in the like cases, in the same manner, and upon the same terms and conditions, as if such 1842. writ of certiorari had been applied for after such indictment had writs of been found. certiorari may be applied for. accused quent court, to trial. 3. Where any person or persons shall be prosecuted for any Persons misdemeanor by indictment, in any of the several courts afore- must plead said, not having been committed to custody, or held to bail to appear to answer for such offence, twenty days before the session and proceed at which such indictment shall be found, but who shall have been committed to custody, or held to bail to appear to answer for such offence at some subsequent session, or shall have received notice of such indictment having been found, twenty days before such subsequent session, he, she or they shall plead to such indictment, at such subsequent session, and trial shall proceed thereupon, at such same session, unless a writ of certiorari for removing such indictment into the supreme court shall be delivered at such last mentioned session, before the jury shall be sworn for such trial, any law or usage to the contrary notwithstanding. allow fur 4. It shall be lawful for the court at any quarter sessions of Court may the peace, or session of oyer and terminer and gaol delivery ther time respectively, upon sufficient cause shown for that purpose, to for pleadallow further time for pleading to any such indictment or for trial of the same. ing. 5. Nothing in this act contained shall extend or be construed This not to to extend to any prosecution by indictment for the non-repair of any bridge or highway. extend to non repairs of bridges or highways. 16 and 17 VIC. c. 107.] The customs' consolidation act. BRIT. [1853.] 16 & 17 VIC. c. 107. British stat. 1853. Writs of and habeas corpus not except on 16 and 17 Vic. c. 107, sec. 290.] No writ of certiorari shall issue to remove any proceedings before any justice or justices certiorari under this or any act relating to the customs, nor shall any writ of habeas corpus issue to bring up the body of any person who to issue shall have been convicted before any justice or justices under this affidavit. or any other act relating to the customs, unless the party against whom such proceeding shall have been directed, or who shall have been so convicted, or his ally, or agent shall state by affidavit in writing duly sworn the grounds of objection to such proceedings or conviction; and upon the return to such writ of certiorari or habeas corpus, no objection shall be entertained by the court other than such as shall have been stated in such affi c. 107. 16 & 17 Vic. davit; and any such justice or justices shall and may amend any British stat. information, conviction, or warrant of commitment for any offenee under this or any such act at any time, whether before or after conviction. 1853. No writ of habeas without notice to customs. 291. No such writ shall issue without notice in writing to the solicitor for the customs, and no return to any such writ shall be solicitor of considered by any of her majesty's conrts at Westminster, Dublin, or Edinburgh, or the judges thereof, unless there shall be produced to such court or judge an affidavit in writing duly sworn stating that notice of the issuing of such writ was given to the solicitor of customs or left at his office four clear days before the return of such writ; and with respect to all such writs there shall be an interval of four clear days at least between the day of issue and the day of the return thereof, and any such writ issuing without notice, or not in conformity with the directions herein contained, shall be void to all intents and purposes. 16 & 17 VIC. c. 131. 16 and 17 VIC. c. 131.] To amend various laws relating to British stat. merchant seamen. BRIT. [20th August, 1843.] 1853. Orders made in Scotland quashed for want of form. Execution absolute. 16 and 17 Vic. c. 131, sec. 67.] No order, decree, or sentence not to be pronounced by any sheriff or justice of the peace under the authority of this act shall be quashed or vacated for any misnomer, informality, or defect of form: and all orders, decrees, and sentences so pronounced shall be final and conclusive, and not subject to suspension, advocation, reduction, or to any form of review or stay of execution, except on the ground of corruption or malice on the part of the sheriff or justices, in which case the suspension, advocation, or reduction must be brought within 14 days of the date of the order, decree, or sentence complained of: Provided always, That no stay of execution shall be competent to the effect of preventing immediate execution of such order, decree, or sentence. (a) (a) Vide note, Tit. INFORMATIONS. (Ante.) XXIII. COMMUTATIONS-PARDONS. (a) c. 2. Engl. stat. 12 and 13 WM. III. c. 2.] For the further limitation of the 12 & 13 WM. crown, and better securing the rights and liberties of the subject. ENGL. [1700.] 12 and 13 Wm. III. c. 2, sec. 3.] No pardon under the great seal of England shall be pleadable to an impeachment by the commons in parliament. 1700. 2 WM. IV. c. 37.] For the more effectually enforcing the 2 WILL. IV. punishment of transportation from this island. ISLD. [April 28, 1832.] 2 Wm. IV. c. 37, sec. 1.] Whereas, by an act of the imperial parliament of Great Britain and Ireland, made and passed in the fifth year of the reign of king George IV., after reciting that, by the laws in force in some parts of his majesty's dominions not within the United Kingdom, offenders convicted of certain offences, and liable to be punished by transportation beyond the seas, and other convicts adjudged to suffer death, in such parts of his majesty's dominions, have received or may receive his majesty's most gracious pardon, upon condition of transportation beyond the seas, and there may be no means of transporting such convicts to any of the places appointed by his majesty in council in that behalf, without first bringing them to England, it is enacted, that whenever any convict adjudged to transportation by any court or judge in any part of his majesty's dominions not within the United Kingdom, or any convict adjudged to suffer death by any such court or judge and pardoned, on condition of transportation, have been or shall be brought to England in order to be transported, it shall and may be lawful to imprison any such offender in any place of confinement provided under the authority of this act, until such convict shall be transported or shall become entitled to his liberty; and that as soon as every such convict shall be so imprisoned, all the provisions, rules, regulations, clauses, authorities, powers, penalties, matters, and things, in the said reciting act mentioned and declared concerning the safe custody, confinement, treatment, and transportation of any offender convicted in Great Britain, shall extend and be construed to extend to every convict who may have been or may hereafter be adjudged to transportation by any court or judge in any part of his majesty's (a) Tit. GOVERNORS. c. 37. Island Act. 1832. c. 37. 1830. 2 WILL. IV. dominions not within the United Kingdom, and to every conIsland Act. vict adjudged by any such court or judge to suffer death and pardoned on condition of transportation and brought to England in order to be transported, as fully and effectually, to all intents and purposes, as if such convict had been convicted and sentenced at any session of gaol delivery holden for any county within England: And whereas it is necessary to make provision for the expense of transporting convicts from this island, be it enacted, That whenever the provost-marshal-general, or any of his deputies, or the keeper of any gaol or workhouse in this island, shall certify to the commissioners of public accounts that there is a prisoner in his custody, whether of free condition or a slave, adjudged to transportation or adjudged to suffer death, and pardoned on condition of transportation, it shall be the duty of the said commissioners to contract with any person to take such convict or convicts off the island, to such place as the governor shall appoint, for such sum of money as they may think proper, and the receiver-general is hereby authorized and directed to pay to the order of the said commissioners such amount as they may direct for that purpose. 2. The person so contracting to take such convict from this island shall enter into bond, in the penalty of £300, with one surety, to be approved of by the said court, to be conditioned that he will deliver such convict at such place, and to such person or authority as the governor or person executing the functions of governor shall direct and appoint. 2 & 3 WILL. IV. c. 62. 2 and 3 Wм. IV. c. 62.] For abolishing the punishment of British stat. death in certain cases. 1832. Limiting granting pardons, &c., by governors, &c., of colonies. BRIT. [July 11, 1832.] 2 and 3 Wm. IV. c. 62, sec. 2.] Neither the governor or the time for lieutenant-governor of any island, colony, or settlement, or any other person, shall give any pardon or ticket of leave to any person sentenced to transportation, or who shall receive a pardon on condition of transportation, or any order or permission to suspend or remit the labour of any such person, except in cases of illness, until such person, if transported for seven years, shall have served four, if transported for fourteen years shall have served six; or if transported for life shall have served eight years of labour, and no such person shall be capable of acquiring or holding any property, or of bringing any action for the recovery of any property, until after such person shall have duly obtained a pardon from the governor or lieutenant-governor of the colony or settlement in which he or she shall have been confined: Provided that nothing herein contained shall, in any manner, affect his majesty's royal prerogative of mercy. 2 WM. IV. c. 36.] For consolidating and amending the laws of 7 WM. IV this island relative to malicious injuries to property. c. 36. 7 WM.IV. c. 40. 7 WM. IV. c. 40.] For consolidating and amending the laws in Island Acts. this island relative to larceny and other offences. ISLD. [March 4, 1837.] 7 Wm. IV. c. 36, sec. 32: 7 Wm. IV. c. 40, sec. 65.] In case any person convicted of any offence punishable upon summary conviction, by virtue of either of these acts, shall have paid the sum adjudged to be paid, together with costs under such conviction, or shall have suffered the imprisonment adjudged in the first instance, in every such case he shall be released from all further proceedings, whether civil or criminal, for the same cause. 1837. nor may 7 Wm. IV. c. 40, sec. 64.] It shall be lawful for the The go- goververnor, or person exercising the functions of governor for the extend time being, to extend his mercy to any person imprisoned by clemency virtue of this act, although he shall be imprisoned for non-pay-persons ment of money to some party other than the crown. towards convicted. 1 VIC. c. 28.] To amend the criminal law. ISLD. [March 24, 1838.] 1 Vic. c. 28, sec. 6.] Whereas it is expedient that provision should be made for the maintenance of prisoners sentenced by the supreme and assize courts and courts of quarter sessions, to the several houses of correction in this island, and that such prisoners should be worked collectively, or in respective parochial penal gangs: Be it therefore enacted, That it shall be lawful for the governor, or person executing the functions of governor for the time being, at any time, to commute any sentence of death or transportation, which has already been or may be passed by any court of record, to imprisonment in the county gaol or any house of correction to hard labour, for such period as to him shall seem fit. 1 VIC. c. 28. Island Act. 1838. sentenced kept at hard may be re 8. It shall be lawful to adjudge, that any prisoner sentenced Persons to transportation shall be kept to hard labour in any house of to transporcorrection in this island, and to be recovered by order of the tation to be governor, or person exercising the functions of governor, from labour, and any such prison to any other house of correction as may be moved from necessary on the way to the place of embarkation, and until a to another conveyance to England shall be provided for such prisoner, and by order of the time such prisoner shall continue to be kept in any gaol or house of correction shall be taken and reckoned as part of the time of his or her transportation. one prison governor. |
