BAGGAGE, see ARMY BAGGAGE,

BAIL.

When an offender is arrested, the justice before whom he is brought is bound immediately to enquire into the circumstances of the alledged crime, and to take the examination of the pri soner, and the evidence against him, in writing: If the charge appear wholly groundless, the prisoner must be forthwith discharged, otherwise he must be committed, or give bail for his appearance to answer the accusation. To refuse or delay to bail any person bailable is an offence against the common law, and punishable at the suit of the party, or by indictment. No justice can bail upon a charge of treason, nor murder, nor arson, nor manslaughter, if the prisoner be clearly the slayer, and not barely suspected to be so; but, in case of other felonies, committed by persons of bad character, and of notorious thieves, the justices may bail or not at their discretion. If a party cannot obtain bail he may be confined under the warrant for twenty-four hours, but if he can find no bail, then he must be regularly committed. In cases of felony two bails should be taken. Excessive bail ought not to be required.— Granting bail when it ought to be denied is punishable by fine. If the bail offered be doubtful, or excepted to as insufficient, the bail may justify by swearing themselves worth double the sum for which they are bail, after payment of their just debts,

༣་

By a late law of this island, when any person is taken, on a charge or suspicion of felony, before one or more justices, supported by positive or credible evidence, or such as raises a strong suspicion of guilt, the person so charged must be committed; if only one justice be present, and the evidence not sufficient to raise a strong presumption of guilt, nor warrant dismissal, the party must be detained and brought before two justices, and if the evidence in their opinion is not such as to raise strong presumption of guilt, and require an acquittal, or such evidence adduced on the part of the person charged as shall weaken the presumption, but, notwithstanding if there appears sufficient ground for judicial enquiry, the party to be bailed by the two justices; but no evidence need be heard in defence unless it appears to be conducive to justice; and before the bail is taken the examination of the person charged with the of fence, and the information, upon oath, of witnesses, or such of it as appears material, to be taken in writing, and the two justices to certify bail in writing; and every justice has authoity to bind the evidences by recognizance, to appear at the

trial at the supreme or assize courts, and such justices must subscribe all examinations, informations, bailments and recog nizances, and transmit them to the clerk of the crown. In cases of misdemeanor every justice may take the examination of witnesses of the person charged, and informations of witnesses on oath, and put such part as is material in writing, and in case of bail must certify the same in writing, with authority to take recognizances of all persons in like manner as in cases of felony. Justices offending against this act, may be punished at the discretion of the court.-8 Geo. 4. c.

FORM OF A BAIL BOND.

Jamaica, ss-St. Catherine.

Be it remembered that, on the

in the

of

day of

year of the reign of George the fourth, A. B. and C. D. ef came before E F. and G. H.

two of his majesty's justices of the peace in and and severally acknowledged

for the parish of

themselves to owe to our said lord the king, that is to say, A. B. in the sum of and the said C. D. in the sum of to be respectively levied on their lands and tenements, goods and chattels, if the said A. B. shall make default in the following conditions:

The condition of this recognizance is such, that if the above written bound A. B. do and shall personally appear before his majesty's justices of the peace at the next general quarter sessions of the peace, to be holden at

day of

on the then and there to answer to pur said sovereign lord the king, for and concerning

with which

the said A. B. stands charged, and to do and receive what shall by the court be then and there enjoined, and shall not depart the court without license, then the above written recognizance to be void.

Taken and recognised before us,

Justices signatures.

See RECOGNIZANCE.

BAIL BONDS IN CIVIL PROCESS.

The provost-marshal is empowered to assign bail bonds when forfeited, to plaintiffs in writs, which assignees may bring actions upon; but if defendants appear before judgment ob

tained, and give bail by manucaption, bail bonds become void 25 Geo. 3. c. 9.

FORM OF ASSIGNMENT.

I do hereby assign the within bond unto

according to an act of the lieutenant-governor, council, and assembly, of this island, in such case lately made and provided.

In cases of arrest on process in courts of common pleas where bail is taken, the provost-marshal may in same manner assign them, with same power to assignee.--46 Geo. 3, c. 18.

See RECOGNIZANCE.

BALLAST, see under names of HARbours.

BARRACKS.

Barracks by sundry laws had been established by different parishes, but by 34 Geo. 3, c. 21, they were all placed on the public establishment, by c. 21, those in Cornwall are reducedand a former act repealed. By 42 Geo. 2. c. 27, the governor is empowered to purchase lands for erecting barracks in the interior.

BARRATRY.

A barrator signifies a common mover, exciter, or maintainer of suits and quarrels, either in courts or in the country.Justices of the peace have power to restrain all barrators, by statute 34 Edw. 3. c. 1, and to pursue, arrest, take and chastise them, according to their trespass or offence. Fine and imprisonment, and security to keep the peace are the punishments, and, if a lawyer, he may be incapacitated to practice.

BARRISTERS.

Barristers not to practise until regularly sworn, under penalty of twenty pounds, and if non-suits are suffered through their negligence, they must, by rule of court, pay the client's costs. --33 Chas 2, c. 23, s. 4, they must give certificates of fees. when defendants incur costs of increase, if employed by plain

tiffs-24 Geo. 2. c. 19, s. 2. Certificate of two of them ne cessary for the admission of an attorney-4 Geo. 3. c. &; S. 2, 3

BATH OF ST. THOMAS THE APOSTLE.

Directors appointed and granted one thousand two hundred and fifty pounds, to purchase the springs, with one thousand one hundred and thirty acres of land in St. Thomas in the East, to make a road to erect buildings, and provide necessa ries for poor sick people; the directors are the governor, members of council, chief justice, justices of the quorum of St. Thomas in the East and St. David, and incorporated by name of " Directors of the Bath of St. Thomas the Apostle, and the property vested in them, with powers to sue and be sued, lease, use a common seal, appoint officers, and make regulations, and may erect a market, license a retailer of liquor, the lands must not be alienated, leases not to exceed twentyone years, and monies arising to be laid out in improvements.

II Wm. 3, c. 3. All leases annulled, and five hundred pounds granted the commissioners for building a house, which they are empowered to lease out with one hundred acres, to a person who will reside, and afford accommodation for sick and infirm people at reasonable prices, for a term not exceeding twenty-one years; they may also lease for same term quantities of land not exceeding thirty acres to any one person, who shall reside upon it; surveyors to be employed and a road to be laid out, and powers given to order out negroes to work upon it. Lands may be granted to soldiers, and settlers exempted from taxes for seven years, penalties to be recovered in supreme court.-4 Geo. 2, c. 2. Regulations made as to town lots in which the part bounding on Plantain Garden River is to be laid out, the town lots not to exceed an acre; fifty acres near the springs, and twelve on the ridge to be reserved, one lot to be laid out for soldiers and one for a burying ground. The council and assembly to be perpetual directors, 22 Geo. 2, c. 13, road ordered by 4 Geo. 2, c. 2, altered as impracticable, and a road from the Bath to the sea ordered to be laid out 24 Geo. 2, c. 15. Commissioners appointed to make a road from the Bath to Kingston, 26 Geo. 2, e. 7, any three of commissioners may convey estates of half an acre each, containing in front one hundred and thirty-two feet; the Botanic garden put under the care of the directors.30 Geo. 3, c. 15. All meetings to be held in the town of Bath, and quarterly meetings on the last Mondays in January,

April, July, and October, and three week's notice of each to be given in Royal Gazette, and the same for extraordinary meetings, five directors deemed a quorum for transacting business; annual statements of proceedings to be laid before the October meeting by the clerk under penalty of fifty pounds, penalties to be recovered before a justice; the power to grant licenses to retail liquors repealed, 47 Geo. 3, c. 26, the physician must be elected at a meeting of directors in St. Jago de la Vega, or at an extraordinary meeting called by the governor: In case of his absence with leave, the directors, at same place, may nominate another until his return.-6 Geo. 4. c. 9.

BECKFORD'S FREE SCHOOL.

This school established in St. Jago de la Vega, under the will of Peter Beckford, who bequeathed one thousand pounds for that purpose, and two hundred pounds was devised by John Ellis, as also a further sum bequeathed by Mr. Beckford to the poor, but appropriated to this purpose. The go vernor, council and assembly, for the time being, are made a body corporate, for its management, under the title of " the governors of the free school of St. Jago de la Vega," and five form a court; to have a common seal, to sue and be sued, &c. all meetings to be held in the school, governors to admit scholars, giving preference to those of St. Catherine's parish, to employ and dismiss masters, to instruct them in reading, writing, grammar, arithmetic, &c. they regulate salaries, and make bye-laws. By this act 17 Geo. 2, c. 10, they were empowered to elect other governors, but this power was taken away by 32 Geo. 2, c. 17. This school has an annual income of one hundred pounds, being the interest of one thousand pounds lodged in the hands of the receiver-general, and an annuity from two pens, one of fifty pounds under the will of Mary Baldwin, and another of forty pounds under the will of Thomas Barrett; there are thirty scholars on the foundation, who are taught reading, writing, arithmetic, and gratamar.

BILLIARD TABLES.

Persons keeping public billiard tables must have a license from the justices and vestry, upon their receiving a certification of two respectable freeholders that the party is sober and discreet, to be annually renewed, and no license must be granted without a security for good behaviour, the party in five hundred