No. XXXII. P 2 Recognizance of Bail instead of Remand, or an adjournment of Examination. laborer, L.M. of Be it remembered, that on the day of in the year of our Lord A.B, of grocer, aud N.O. of butcher, personally came before me, one of Her Majesty's Justices of the Peace in and for the Colony of British Guiana, and severally acknowledged themselves to owe to our Lady the Queen the several sums following-that is to say, the said A.B. the sum of and the said L.M. and N.O. the sum of each of the current money of British Guiana, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he the said A.B. fail in the condition described. Taken and acknowledged, the day and year first above mentioned at before me, J.S. Condition. day of The condition of the within written recognizance is such, that whereas the within bounden A B. was this day (or on last past) charged before me, for that, &c., (as in the warrant); and whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the instant; if therefore the said A.B. shall appear before me on the said instant, at o'clock in the forenoon, or before such other Justice or Justices of the Peace as may then be there, to answer (further) to the said charge, and to be further dealt with according to Law, then the said recog. nizance to be void, or else to stand in full force and virtue. P 3 Notice of such Recognizance to be given to the Accused and his Sureties. or Take notice, that you, A.B. of are bound in the sum of and your sureties L.M. and N.O. in the sum of each; that you A.B. appear before me, J.S., one of Her Majesty's Justices of the Peace in and for the Colony of British Guiana, on the day of instant, at o'clock in the forenoon, at before such other Justice or Justices of the Peace as may then be there, to answer further to the charge made against you by C.D., and to be further dealt with according to Law; and unless you A.B. personally appear accordingly the recognizances entered into by your. self and sureties will be forthwith levied on you and them. Dated this day of P4 J.8. Certificate of Non-appearance to be endorsed on the Recognizance. I hereby certify, that the said A.B. hath not appeared at the time and place in the above condition mentioned, but therein bath made default, by reason whereof the within_written recognizance is forfeited. J.S. QI day of in the year of our Lord (shopkeeper) and N.O. of Be it remembered, that on the A.B. of laborer, L.M. of butcher, personally came before (us), the undersigned, two of Her Mejesty's Justices of the Peace for the Colony of British Gulana, and severally acknowledged themselves to owe to our Lady the [Ord. 29 anno 1850.J [Ord. 29 anno 1850.] No. XXXII. and the Queen the several sums following-that is to say, the said A.B. the sum of Taken and acknowledged the day and year first above mentioned at before us, J.S. Condition in ordinary Cases. at The condition of the within written recognizance is such, that whereas the said A.B. was this day charged before (us), the Justices within mentioned, for that, &c., (as in the warrant); if therefore the said A.B. will appear at the Session of the Supreme Court of Criminal Justice (or of the Inferior Court of Criminal Justice) to be holden in and for the County of or in and for the Judicial District in the County of and there surrender himself into the custody of the Keeper of the Common Jail, and there plead to such indictment, complaint, information, or charge as may be found, laid, or brought against him at the instance of our Lady the Queen in respect of the offence with which he stands charged as aforesaid, and take his trial upon the same, and not depart the said Court without leave, then the said recognizances to be void, or else to stand in full force and virtue. Q 2 Notice of the said Recognizance to be given to the Accused and his Bail. Take notice, that you A.B., of are bound in the sum of and your (sureties, L.M. and N.O.) in the sum of each, that you A.B. appear, &c., (as in the condition of the recognizance), and not depart the said Court without leave; and unless you the said A.B. personally appear and plead, and take your trial accordingly, the recognizance entered into by you and your sureties shall be forthwith levied on you and them." Dated this day of 185 J.S. Q 3 Certificte of Consent to Bail by the Committing Justice indorsed on the Commitment. I hereby certify, that I consent to the within named A.B. being bailed by recognizance, himself in and (two) sureties in J.S. each. Q4 The like on a separate Paper. Whereas A.B. was, on the committed by me to the Common Jail, at charged with, (&c., naming the offence shortly): I hereby certify that I consent to the said A.B. being bailed by recognizance, himself in and (two) sureties in each. J.S. Q5 Warrant of Deliverance on Bail being given for a Prisoner already committed. To the Keeper of the Jail at in the Colony of British Guiana. Whereas A.B., late of (laborer) hath before (us, two) of Her Majesty's Justices of the Peace in and for the said County, entered into his own recognizance, and found suth No. XXXII.—XXXIII. [Ord. 29anne 1860. cient sureties for his appearance at the next Court of Given under our hands, this at day of in the Colony aforesaid. RI Warrant of Commitment. To all Members of the Police Force and Constables in the Colony of British Guiana, and Whereas A.B. was this day charged before me, J.S., one of Her Majesty's Justices of the Jailer's Receipt to the Constable for the Prisoner. I hereby certify, that I have received from WS, member of the Police Force or Con stable, the body of AB, together with a warrant under the hand of J.S., Esquire, one of Her Majesty's Justices of the Peace in and for the Colony of British Guiana, and that the said A.B. was (sober, or as the case may be) at the time he was so delivered into my custody. P.K., Keeper of the Jail at No. XXXIII. 1850.] AN ORDINANCE TO PROTECT JUSTICES OF THE PEACE AND [Ord.31 anno Enacted 16th December, 1850, published the 25th following, came into operation 1st February, 1851. [HENRY BARKLY, Governor.] WHEREAS it is expedient to protect Justices of the Peace Preamble. 11 & 12 Viot., members of the Police Force, Constables, Commissaries of Taxation c. 44. and other officers, in the execution of their duty: VOL. II. 1. Be [Ord.81anne 1850.] a Justice of the be for a tort or injury, and it shall be alleged to have No. XXXIII. 1. Be it therefore enacted by His Excellency the Governor of For an act by British Guiana, with the advice and consent of the Court of Policy Peace within thereof, that every action hereafter to be brought against any Jushis jurisdiction the action shall tice of the Peace for any act done by him in the execution of his duty as such Justice, with respect to any matter within his jurisdiction as such Justice, shall be an action as for a tort or injury; and in the claim and demand it shall be expressly alleged that such act was done maliciously and without reasonable and probable cause; and if at the trial of any such action, upon the general issue being Section 1. pleaded, or a simple contrary conclusion taken, the plaintiff shall fail to prove such allegation, he shall be nonsuited, or the defendant shall be absolved of the instance, or a sentence shall be given for the defendant. been done ma liciously and without probable cause. For an act done by him diction or ex ceeding his action may be maintained without such allegation. Section 2. act done under order until 2. And be it enacted, that for any act done by a Justice of the Peace in a matter of which by Law he has no jurisdiction, or in without juris. which he shall have exceeded his jurisdiction, auy person injured thereby or by any act done under any conviction or order made, or jurisdiction, an warrant issued by such Justice in any such matter, may maintain an action against such Justice in the same form and in the same case as he might have done before the passing of this Ordinance, without making any allegation in his declaration that the act complained of was done maliciously and without reasonable and probable But not for an cause: Provided, nevertheless, that no such action shall be brought a conviction or for anything done under such conviction or order until after such after such con- conviction or order shall have been quashed, nor shall any such viction or order action be brought for anything done under any such warrant which shall have been shall have been issued by such Justice to procure the appearance of such party, and which shall have been followed by a conviction or order in the same matter until after such conviction or order shall Nor for an act have been so quashed as aforesaid; or if such last mentioned warrant warrant to shall not have been followed by any such conviction or order; or if compel appear it be a warrant upon an information for an alleged indictable offence, nevertheless, if a summons were issued previously to such warrant served and not and such summons were served upon such person either personally obeyed. or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of such summons, in such case no such action shall be maintained against such Justice for anything done under such warrant. quashed. done under a ance if a sum. mons were previously No. XXXIII. [Ord. 31 anne 1850.] make a convic. and another action must be 3. And be it enacted, that where a conviction or order shall be If one Justice made by one or more Justice or Justices of the Peace, and a warrant tion or order, of distress or commitment shall be granted thereon by some other granta warrant Justice of the Peace bona fide and without collusion, no action shall upon it, the be brought against the Justice who so granted such warrant by brought reason of any defect in such conviction or order, or for any want not the latter, of jurisdiction in the Justice or Justices who made the same, but for a defect in the action, if any, shall be brought against the Justice or Justices or order. who made such conviction or order. against former, the conviction Section 8. manner in 4. And be it enacted, that in all cases where a discretionary No action against Jus. power is given to a Justice of the Peace by any Ordinance or Ordi- tices for the nances, no action shall be brought against such Justice by reason which they of the manner in which he shall have exercised his discretion in the exercise a dis cretionary execution of any such power. power. Section 4. refuse to do an preme Court of order him to action shall be doing it. 5. And be it enacted, that in all cases where a Justice or Jas. If Justice tices of the Peace shall refuse to do any act relating to the duties act, the Suof his or their office as such Justice or Justices, it shall be lawful Civil Justice for the party requiring such act to be done to apply to the Supreme may by rule Court of Civil Justice, upon an affidavit of the facts, for a rule do it, and no calling upon such Justice or Justices, and also the party to be affected brought by such act, to shew cause why such act should not be done; and if against him for atter due service of such rule, good cause shall not be shewn against it, the said Court may make the same absolute with or without, or upon payment of costs, as to them shall seem meet; and the said Justice or Justices, upon being served with such rule absolute, shall obey the same, and shall do the act required; and no action or proceeding whatsoever shall be commenced or prosecuted against such Justice or Justices for having obeyed such rule and done such act so thereby required as aforesaid. Section 5. tion or order action for any. under a war. 6. And be it enacted, that in all cases where a warrant of dis- After convic, tress or warrant of commitment shall be granted by a Justice of the confirmed on Peace upon any conviction or order which, either before or after the appeal, no granting of such warrant, shall have been or shall be confirmed upon thing done appeal, no action shall be brought against such Justice who so granted such warrant for anything which may have been done under the same by reason of any defect in such conviction or order. 02 7. And rant upon it. Section 6. |