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

BRIT. [1853.]

16 & 17 VIC, cap. 107. British stat.

mon

1853.

16 and 17 Vic. c. 107, sec. 270.] Upon the exhibiting of any Justices information or complaint before any justice or justices, for any may sumoffence against this or any act relating to the customs, for which offender. offence the party charged is not liable to be detained, or by which information any penalty or forfeiture shall be sought to be recovered, or any punishment of hard labour sought to be inflicted, and where such information shall have been exhibited before such justice or justices within three years next after the date of the offence committed, such justice or justices, or any other justice or justices having jurisdiction in that behalf from time to time, and at any time afterwards, may issue his or their summons directed to such party, stating shortly the matter of such information or complaint, and requiring him personally to appear at a certain time and place before the same or any other justice or justices, to answer to the said information or complaint, and to be further dealt with according to law; and every such Summons to summons shall be served by any officer of customs or excise, or personally, by any person to whom the same shall be delivered for that or by leav purpose upon the party to whom it is so directed: by delivering or on board the same to the party personally, or by leaving the same at his last known place of abode, or on board any ship or vessel to which such party may belong: or may have lately belonged, and every such summons so served shall be deemed sufficiently served.

be served

ing at abode

ship.

To C. D.

to wit.

}

FORM OF SUMMONS ON INFORMATION.

Whereas an information has been exhibited by A. B.
un officer of customs under the direction of the commis-
sioners of customs, before me
one of her majesty's

justices of the peace, for the

of

following form [here copy the information.]

in the

This is therefore to require you personally to appear before me, or such other justice or justices of the peace, as may be present at

day of

sof of

in the
next ensuing, at the hour of

on the

o'clock

in the forenoon of the said day, to answer the said information.

Given under my hand and seal at
day of

of

Lord

this

on the
in the year of our

16 & 17 Vic. FORM OF SUMMONS ON INFORMATION FOR CONDEMNATION c. 107.

[blocks in formation]

[here state the goods] seized on the day of

year of our Lord

of

in the

for being dealt with contrary to

section of "The Customs' consolidation act," 1853, and claimed by you:

This is to require you to appear before me, or such other justice or justices of the peace as may be present at

of

in the
next ensuing, at the hour of

on the

day

of

o'clock in the forenoon

of said day, to show cause why the said goods should not be condemned as forfeited.

Given under my hand and seal at

[blocks in formation]

day of

in the

in the year of our

16 & 17 VIC.

c. 131.

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

1853.

requiring

and wit

nesses.

ENG. [August 20th, 1853.]

Mode of 16 and 17 Vic. c. 131, sec. 58.] On any complaint or other appearance proceeding brought in a summary form before any of the said of defender acts, (a) being presented to the sheriff clerk or clerk of the peace, he shall grant warrant to cite the defender to appear personally before the said sheriff or justices of the peace on a day fixed, not less than three days after a copy of the complaint or other proceeding has been served upon him, and at the same time shall appoint a copy of the same to be delivered to him by a sheriff officer or constable, as the case may be, along with the citation; and such deliverance shall also contain a warrant for citing witnesses and havers to appear at the same time and place, to give evidence and produce such writs as may be specified in their citation; and where such warrant has been prayed for in the complaint or other proceeding, the deliverance of the sheriff clerk or clerk of the peace shall also contain warrant to arrest upon the dependence in common form: Provided always, that service made on any party or witness by leaving a copy of citation for him on board of any ship to which he may belong, shall be of equal force and effect as service made at his dwelling house.

(a) See INFORMATIONS, &c. (Ante.)

c. 131.

59. When it shall become necessary to execute such arrestment 16 & 17 Vic. on the dependence against goods or effects of the defender British stat. within Scotland, but not locally situated within the jurisdiction 1853. of the sheriff or justices of the peace, by whom the warrant to Backing arrest has been granted, it shall be competent to carry the arrestwarrant into execution on its being indorsed by the sheriff clerk or clerk of the peace, of the county or borough respectively within which such warrant comes to be executed.

ments.

Island Act.

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

ISLD. [Dec. 4th, 1853.

1853.

may sum

17 Vic. c. 2, sec. 42.] Upon the exhibiting any information Justices before any justice of the peace, of any offence against any act mon offendrelating to the customs, in operation in this island, for which ers. offence the party charged is not liable, (in the first instance) to be d tained in manner herein before mentioned, such justice is hereby required to issue a summons for the appearance of the party against whom such information is exhibited, before any two justices of the peace, and such summons directed to such party being left at his or her last known place of residence, or on board any ship or vessel, to which such party may belong, or of abode, or may have lately belonged, shall be deemed to have been suffi- on board cently served.

Summons to personally

be served

or at place

ship.

6 WILL. IV. c. 32. Island Act.

1836.

Inhabitants to assist constables

police to apprehend idle and dis

orderly persons,

III. APPREHENSION OF OFFENDERS. (a)

6 WM. IV. c. 32.] For the more effectual protection of persons and property.

ISLD. [June 15, 1836.]

6 Wm. IV. c. 32, sec. 10.] It shall be lawful for the inhabitants of the wards or divisions of the several parishes to aid and or regular assist the persons appointed by virtue of this act, as constables or watchmen in the several parishes, and to aid and assist the said regular policemen to apprehend all loose, idle, quarrelsome, and disorderly persons, whom the said constables, watchmen, police, or inhabitants, shall call to their assistance, shall find disturbing the public peace, or whom the said constables, watchmen, police, or inhabitants, aiding and assisting such constables or watchmen, shall have just cause to suspect of any gambling, disorderly, or evil designs; and all persons whom any of the said constables, watchmen, policemen, or inhabitants, assisting any such constables or watchmen, shall find concealed in any boat or canoe, or concealed in private premises, or idly assembling and impeding the passage of any public road, street, or lane, or skulking or lying in any public place, road, street, lane, square, or private premises, or in or about any other place, and not giving a satisfactory account of themselves, and to take or carry any person or persons so apprehended before a justice of cording to the peace, to be dealt with according to law.

and to take

them before

a justice to

be dealt with ac

law.

1 VIC. c. 27. 1 VIC. c. 27.] For regulating the police of the town of Falmouth.

Island Act.

1838.

ISLD. [March 28, 1838.]

1 Vic. c. 27, sec. 32.] The watchmen and officers of the night guard shall and they are hereby authorized and required to patrole and keep watch and ward within the streets, lanes, and other places of the town of Falmouth, at such hours and in such manner as shall from time to time be directed by the said justices and vestry, and shall in their several turns and courses of watching use their utmost endeavours to prevent all mischiefs happening by fires, and all murders, burglaries, robberies, breaches of the peace, riots, and all other outrages and disWatchmen, orders, and all tumultuous assemblies whatsoever; and in order &c., to to the prevention thereof, the said watchmen, constables, and apprehend officers, are hereby jointly and severally authorized, empowered,

constables,

offenders.

(a) See CONSTABLES AND POLICE. (Post.)

Island Act.

1838.

and required to arrest, apprehend, and detain in the watchhouse 1 Vic. c. 27. of the said town, or other proper and convenient place of security, to be provided and fixed on by the said justices and vestry within the said town of Falmouth, all and every person and persons whomsoever, committing or attempting to commit, or aiding or abetting in any such murders, burglaries, robberies, breaches of the peace, riot and disorders, and all and every such person and persons who shall be found idly wandering about, or misbehaving themselves in the said town, after such hour in the evening as the said justices and vestry shall, from time to time, appoint, and shall carry each person so apprehended as aforesaid, so soon as conveniently may be, before one or more of her majesty's justices of the peace acting in and for the said town, to be examined and dealt with according to law.

absence of

apprehend

disturbers

and sus

35. It shall and may be lawful to and for the said watchmen Watch.en of the said town, guard, or any of them, in the absence of the may in the said officers or constables as aforesaid, and they are hereby officer, respectively authorized and required, in their several stations malefactors, during the time of their keeping watch and ward, to apprehend of the peace, all such malefactors, disturbers of the peace, and all such sus- pected perpected persons who shall be found wandering or misbehaving themselves, and to carry the person or persons so apprehended, as soon as conveniently may be, before some justices of the peace of the said town, to be examined and dealt with according to law, and to keep such person or persons within the watchhouse, or some other place of safety in the mean time.

sons.

men, con

others act

37. The watchmen, constables, and other officers of the said All watchtown guard, under the authority of this act and every of them, stables, and shall be and they are hereby protected and indemnified in all ing under things which they shall lawfully and of necessity do by virtue this act, of this act, for the safety and protection of the said town as and indemaforesaid, in like manner as if every individual of the said town- lawful dis guard were constables or peace officers.

protected

nified in the

charge of their duty.

3 VIC. c. 18.] For the punishment of rogues and vagabonds.

ISLD. [Dec. 5th, 1839.]

3. Vic. c. 18. Island Act.

1839.

peace officer

hend of

take him or

3 Vic. c. 18, sec. 4.] It shall be lawful for any constable or Constable, police or peace officer whatever to apprehend any person who police, or shall be found offending against this act, and forthwith to take to appreand convey him or her before some justice of the peace, to be fender, and dealt with in such manner as is hereinbefore directed: Provided her before always, that in such case no such constable, peace, or police a justice. officer, shall be within a reasonable distance of the place where such offender shall be so found, it shall be lawful for any person

Proviso.

If no officer near at

hand, any

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