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Justices of the Peace, doc.
or Justices at the request of the party so charged to adjourn the hearing of the case to some future day, and in the meantime to remand the party so charged or to admit him to bail in manner hereinafter mentioned.
8. And be it enacted that if it shall be made to appear to any Justice of the Peace by the oath or affirmation of any credible person that any person within the jurisdiction of such Justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against the accused, such Justice may and is hereby required to issue his summons (K1) to such person under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons before the said Justice or before such other Justice or Justices of the Peace for the said Colony as shall then be there, to testify what he shall know concerning the charge made against such accused party and also (if such Justice shall think fit) to bring with him and produce for examination such paper or papers or documents as shall be in his possession or power, and as shall by such Justice be deemed necessary and be therein If summons not set forth ; and if any person so summoned shall neglect or refuse to ; : o, appear at the time, and place appointed by the said summons and no compei atten. just excuse shall be offered for such neglect or refusal, then (after dance proof upon oath or affirmation of such summons having been served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode) it shall be lawful for the Justice or Justices before whom such person should have appeared to issue a warrant (K 2) under his or their hands and seals to bring and have such person, at a time and place to be therein mentioned, before the Justice who issued the said summons or before such other Justice or Justices of the Peace for the said Colony as shall then be there, to testify as aforesaid and (as the case may be) to produce such papers and documents as aforesaid, or if such Justice or Justices shall be satisfied by evidence upon oath or affirmation that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing such summons, In certain cases it shall be lawful for him or them to issue his or their warrant in (K 8) ...” “ the first instance, and if on the appearance of such person so summoned first instance before the said last-mentioned Justice or Justices, either in obedience to the said summons or upon being brought before him or them by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises or shall refuse to take such oath or affirmation, or having taken such oath or affirmation shall refuse to answer such questions concerning the premises as shall then be put to him or (as the case may be) shall refuse to produce for examination any such paper or document as aforesaid which shall be in his possession or power, without offering any just excuse for such refusal, any Justice or Justices of the Peace then present and having Persons appear there jurisdiction may by warrant (K 4) under his hand and seal ...'..." commit the person so refusing to the common gaol, house of correction o, or bridewell for the place where such person so refusing shall then be, of" there to remain and be imprisoned for any time not exceeding seven days, unless he shall in the meantime consent to be examined and Justices of the Peace, doc.
to answer concerning the premises or (as the case may be) to produce the said papers or documents as aforesaid.
9. And be it enacted that in all cases where any person shall appear or be brought before any Justice or Justices of the Peace, charged with any indictable offence, whether committed in the Colony aforesaid or on the high seas or on land beyond the sea, or whether such person appear voluntarily upon summons or have been apprehended with or without warrant, or be in custody for the same or any other offence, such Justice or Justices, before he or they shall commit such accused person to prison for trial, or before he or they shall admit him to bail, shall in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement (L.) on oath or affirmation of those who shall know the facts and circumstances of the case, and shall put the same into writing, and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the Justice or Justices taking the same, and the Justice or Justices before whom any such witness shall appear to be examined as aforesaid shall before such witness is examined administer to such witness the usual oath or affirmation, which such Justice or Justices shall have full power and authority to do; and if upon the trial of the person so accused as first aforesaid it shall be proved by the oath or affirmation of any credible witness that any person whose deposition shall have been taken as aforesaid is dead or so ill as not to be able to travel, and if also it be proved that such deposition was taken in the presence and hearing of the person so accused, and that he or his counsel or attorney had a full opportunity of cross-examining the witness, then, if such deposition purport to be signed by the Justice or Justices by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution, without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the Justice or Justices purporting to sign the same.
10. And be it enacted that after the examinations of all the witnesses on the part of the prosecution as aforesaid shall have been completed, the Justice of the Peace or one of the Justices by or before whom such examination shall have been so completed as aforesaid shall, without requiring the attendance of the witnesses, read or cause to be read to the accused the depositions taken against him, and shall say to him these words or words to the like effect:- Having heard the evidence, do you wish to say anything in answer to the charge 2 You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence against you upon your trial; ' and whatever the prisoner shall then say in answer thereto shall be taken down in writing (M) and read over to him, and shall be signed by the said Justice or Justices and kept with the depositions of the witnesses, and shall be transmitted with them as hereinafter mentioned, and afterwards upon the trial of the said accused person the same may, if necessary, be given in evidence against him without further proof thereof if the same purports to be signed by the Justice or Justices by or before whom the same purports to have been taken, unless it shall be proved
As to the examination of witnesses
Justice to administer oath or affirmation
After examination of the accused, Justice to real depositions taken against them, and caution as to any statement they may make :
Justices of the Peace, &c.
that the Justice or Justices purporting to sign the same did not in fact and inform that sign the same : Provided always that the said Justice or Justices,
he has nothing o before such accused person shall make any statement, shall state to
from either him and give him clearly to understand that he has nothing to hope loor from any promise of favour and nothing to fear from any threat which
may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him upon his trial, notwithstanding such promise or threat : Provided, nevertheless, that nothing herein enacted or contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the person accused or charged, made at any time, which by law would be admissible as evidence against such person. Place where 11. And be it declared and enacted that the room or building in ...'...u., which such Justice or Justices shall take such examinations and stateon ment as aforesaid shall not be deemed an open Court for that purpose, o, and it shall be lawful for such Justice or Justices in his or their dis* cretion to order that no person (the counsel or attorney of any person them being in such Court as a prisoner only excepted) shall have access to or be, or remain in such room or building without the consent or permission of such Justice or Justices, if it appear to him or them that the ends of justice will be best answered by so doing.
£o 12. And be it enacted that it shall be lawful for the Justice or projitors and Justices before whom any such witness shall be examined as aforesaid ... to bind by recognizance (N) the prosecutor and every such witness to appear at the next Court of Oyer and Terminer or gaol delivery or Court of General or Quarter Sessions of the Peace at which the accused is to be tried, then and there to prosecute or to prosecute and give evidence or to give evidence as the case may be against the party accused, which said recognizance shall particularly specify the profession, art, mystery or trade of every such person entering into or acknowledging the same together with his Christian and surname and the place of his residence, and if his residence be in a city or town; Recognizance, the recognizance shall also particularly specify the name of the street ... and the number (if any) of the house in which he resides and whether
to be transmitted - - to the Court in he is owner or tenant thereof or a lodger therein; and the said recog
...'...","..." mizance being duly acknowledged by the person so entering into the same, shall be subscribed by the Justice or Justices before whom the same shall be acknowledged and a notice (N2) thereof, signed by the said Justice or Justices, shall at the same time be given to the person bound thereby ; and the several recognizances so taken, together with the written information (if any), the depositions, the statement of the accused and the recognizance of bail (if any) in every such case shall be delivered by the said Justice or Justices, or he or they shall cause the same to be delivered to the proper officer of the Court in which the trial is to be had before or at the opening of the said Court on the first day of the sitting thereof, or at such other time as the Judge, Recorder or Justice who is to preside in such Court at the said trial witnesses refus. Order and appoint: Provided always that if any such witness shall o.." refuse to enter into or acknowledge such recognizance as aforesaid, it mom shall be lawful for such Justice or Justices of the Peace by his or their mitted warrant (O 1) to commit him to the common gaol or house of correcJustices of the Peace, doc.
tion of the district or place in which the accused party is to be tried, there to be imprisoned and safely kept until after the trial of such accused party, unless in the meantime such witness shall duly enter into such recognizance as aforesaid before some one Justice of the Peace of the said Colony: Provided nevertheless that if afterwards, from want of sufficient evidence in that behalf or other cause the Justice or Justices before whom such accused party shall have been brought shall not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for such Justice or Justices or any other Justice or Justices of the said Colony by his or their order (02) in that behalf to order and direct the Keeper of such common gaol or house of correction where such witness shall be so in custody to discharge him from the same, and such Keeper shall thereupon forthwith discharge him accordingly.
13. And be it enacted that if, from the absence of witnesses, or from any other reasonable cause, it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful to and for the Justice or Justices before whom the accused shall appear or be brought by his or their warrant (P 1) from time to time to remand the party accused for such time as by such Justice or Justices in their discretion shall be deemed reasonable, not exceeding eight clear days, to the common gaol or house of correction or other prison, lock-up house or place of security in the place for which such Justice or Justices shall then be acting ; or if the remand be for a time not exceeding three clear days, it shall be lawful for such Justice or Justices verbally to order the Constable or other person in whose custody such party accused may then be, or any other Constable or person to be named by the said Justice or Justices in that behalf, to continue or keep such party accused in his custody, and to bring him before the same or such other Justice or Justices as shall be there acting at the time appointed for continuing such examination: Provided always, that any such Justice or Justices may order such accused party to be brought before him or them, or before any other Justice or Justices of the Peace for the said Colony at any time before the expiration of the time for which such accused party shall be so remanded, and the Gaoler or Officer in whose custody he shall then be shall duly obey such order: Provided also that, instead of detaining the accused party in custody during the period for which he shall be so remanded, the Justice or Justices of the Peace before whom such accused party shall so appear or be brought as aforesaid may discharge him upon his entering into recognizance (P 2, 3), with or without a surety or sureties, at the discretion of such Justice, conditioned for his appearance at the time and place appointed for the continuance of such examination ; and if such accused party shall not afterwards appear at the time and place mentioned in such recogniZance, then the said Justice or any other Justice of the Peace who may then and there be present, upon certifying (P4) on the back of the recognizance the non-appearance of such accused party, may transmit such recognizance to the Clerk of the Peace of the place within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient primá facie evidence of such non-appearance of the Said accused party.
Power to Justice to remand the accused from time to time, not exceeding eight days, by warrant
Party accused may be admitted to bail on the examination being adjourned
If party does not appear upon recognizance, Justice may transmit the same to the Clerk of the Peace
Justices of the Peace, &c.
Power to Justice 14. And be it enacted that where any person shall appear or be ... "... brought before a Justice or Justices of the Peace, charged with any with elony and felony or with any misdemeanour, such Justice or Justices of the or. Peace may, if in his or their discretion (having regard to the nature of the charge and the cogency of the evidence adduced in support of it) it appears to him or them to be a case in which bail ought to be taken, admit such person to bail upon his procuring and producing a sufficient surety or sureties for the appearance of such accused person at the time and place when and where he is to be tried for such offence, and thereupon such Justice or Justices shall take the recognizance (Q 1, 2) of the said accused person and his surety or sureties, conditioned for the appearance of such accused person at the time and place of trial, and that he will then surrender and take his trial, and not depart the Court without leave; and in all cases where a person charged with any indictable offence shall be committed to prison to take his trial for the same it shall be lawful at any time afterwards, and before the first day of the sitting or session of the Court before which he shall have been committed to be tried, for the Justice or Justices of the Peace who shall have signed the warrant for his commitment in his or Justice may ad; their discretion to admit such accused person to bail in manner afore#..." said; or if such committing Justice or Justices shall be of opinion that omitment for for any of the offences hereinbefore mentioned the said accused person trial ought to be admitted to bail, he or they shall in such cases certify (Q 3) on the back of the warrant of commitment his or their consent to such accused party being bailed, stating also the amount of bail which ought to be required, it shall be lawful for any Justice of the Peace attending or being at the gaol or prison where such accused party shall be in custody, on production of such certificate at any time before the first day of the sitting or session of the Court before which he shall have been committed to be tried, to admit such accused person to bail in manner aforesaid ; or if it shall be inconvenient for the surety or sureties in such a case to attend at such gaol or prison to join with such accused party in the recognizance of bail, then such committing Justice or Justices may make a duplicate of such certificate (Q 4) as aforesaid ; and upon the same being produced to any Justice of the Peace for the said Colony, it shall be lawful for such last-mentioned Justice, before such time as aforesaid, 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, before such time as aforesaid, to take the recognizance of such accused party and to order him to be discharged out of custody as to that commitment, as hereinafter mentioned; and in all cases where such accused person in custody shall be admitted to bail by a Justice or Justices of the Peace other than the committing Justice or Justices of the Peace as aforesaid, such Justice or Justices certain recogni. of the Peace so admitting him to bail, shall forthwith transmit the o, recognizance or recognizances of bail to the committing Justice or committing Justices, or one of them, to be by him or them transmitted, with the Justice examinations, to the proper officer : Provided also, that when, in cases of misdemeanour, the defendant shall be entitled to a traverse at the