The Leeward Islands Magistrates Acts

If the verdict accuses any person of having concealed the discovery of the hidden treasure the Coroner may detain or arrest him on a charge of having committed an indictable offence (sect. 55).

NOTE.

DUTIES OF CORONERS,

in respect of the sections in the Coroners' Act, 1889, relating to the Attorney-General.

1. When a Coroner issues an order for burial under section 18 without holding an inquest, or inquiry, he will report to the Attorney-General

2. On the application of the Attorney-General will

inquire

(i.) Into the causes of Fires in his District;

(ii.) In cases of treasure trove,

(a) As to the place and circumstances of the

finding,

(b) As to who are the finders,

(See sections 23 and 24.)

3. On the application of the Attorney-General will hold an inquiry into any case where

a person is reasonably supposed to be dead, but his body has not been found.

(See section 27.)

4. On the application of the Attorney-General will hold either an inquest on, or an inquiry into, the death of any person :—

(i.) Where it is being held by another Coroner;

(ii.) Where it has been already held or returned by another Coroner;

(iii.) Where it has been already begun, held, or returned by the same Coroner;

(iv.) Where no inquiry, or inquest, has yet been held. (See section 28.)

5. On the application of the Attorney-General will reopen an inquest, or inquiry, which has been closed

(Provided no verdict, or finding, of manslaughter or murder has been returned against any person.)

(See section 29.)

6. On the application of the Attorney-General will cause a body to be exhumed.

(See section 28.)

7. The Coroner will within seven days of the closing of any inquest or inquiry transmit to the Attorney-General all (i.) Inquisitions;

(ii.) Records;

(iii.) Minutes of Proceedings at an inquiry.

(See section 60.)

[The Presidential laws relating to the registration of deaths (see sects. 12 and 38 of the Coroners' Act, 1889) are as follows:

Antigua No. 15 of 1870, No. 4 of 1880, No. 2 of 1885. Dominica: No. 6 of 1874.

Montserrat: Act passed on 6th May, 1867, and Ordinance No. 11 of 1869.

St. Christopher-Nevis: No. 2 of 1885.

Virgin Islands: Ordinance dated 5th November, 1858; Ordinance dated 7th March, 1861.]

THE

APPENDIX.

RULES AND SCHEDULE OF FORMS

MADE UNDER SECTION 256 OF THE

MAGISTRATES' CODE OF PROCEDURE ACT, 1891.

By Order in Council dated the 9th day of May, 1892.

1. In these Rules the word "Act" means the Magistrates' Code of Procedure Act, 1891, and the word "Court means a Magistrates' Court. 2. The forms in the Schedule hereto may be used, or forms to the like effect, with such variations as the circumstances may require.

3. Where a child or young person is ordered by a magistrate to be sent to a statutory training school, the form of order set forth in the Schedule to the Training Schools Act, 1891, is to be used as though it had been prescribed under this Act.

4. Where a child or young person is ordered to be whipped, the whipping shall be administered in private, and only such persons shall be permitted to be present as are allowed by sect. 117 of the Act.

Meaning of words. Forms in Schedule to be used.

Order for sending person to training school. Whipping to be private.

5. When a magistrate commits a person for trial he shall forward the Transmission depositions and other documents to the proper officer without delay.

6. Where a magistrate has fixed, as respects any recognizance, the amount in which a principal and a surety or sureties are to be bound, the keeper of a prison shall not be required to take the recognizance of any person proposed as surety unless the person so proposed produces a certificate in writing from a magistrate that he has satisfied the magistrate of his ability to pay the amount for which he is to be bound, in the event of the recognizance becoming forfeited.

of depositions.

Taking recognizances by governor of prison.

7. Any security given under the Act by an oral or written acknowledg- Form of ment shall be in the form of an undertaking, and may be in the appropriate security under form in the Schedule hereto or in any other form to the like effect.

8. The magistrate or his clerk shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceeding before the Court, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken. Where any such security is not entered into before the Court, or before the clerk

Act.

Security book.

of the Court, the person before whom it is entered into shall make a return of it, showing the above particulars, to the clerk of the Court. The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book.

9. Not less than two clear days before a warrant of distress is issued for a sum due by a principal in pursuance of a forfeited security, the magistrate issuing the warrant shall cause notice of the forfeiture to be served on the principal. Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under the Act.

10. An application under sect. 211 of the Act shall be an application for a summons requiring the complainant to show cause why the order made on his complaint should not be varied.

11. An application to a magistrate to state a special case shall be made in writing, and the case shall be stated within a month from the date of the application, and after the recognizance shall have been entered into.

12. In civil proceedings the particulars of the claim shall, unless embodied in the summons, be annexed to, and, if so annexed, shall be deemed part of, the summons.

13. An order of commitment under sect. 167 of the Act shall not be made unless a summons to appear and be examined on oath (hereinafter called a judgment summons) has been served on the judgment debtor.

14. A judgment summons may be served as a summons on complaint may be served under the Act, and where the judgment debtor is out of the jurisdiction, in such manner as the magistrate may direct, and the magistrate may make an order for substituted service if he thinks it expedient.

15. A judgment summons may issue although no execution has been applied for, and its service when executed out of the jurisdiction may be proved by affidavit.

16. A judgment summons shall be served not less than two clear days before the day on which the judgment debtor is required to appear.

17. Any witness may be summoned to prove the means of the judgment debtor in the same manner as witnesses are summoned to give evidence under the Act.

18. When an order for commitment is made the judgment debtor may at any time pay the amount due by him (including the costs, if any, of conveying him to prison) to the bailiff, or keeper of the prison, holding the order, who shall forthwith pay over the sums so received by him to the magistrate or the magistrate's clerk, or such sums as aforesaid may be paid to the magistrate or the magistrate's clerk, who shall sign a certificate of the payment.

19. Where the bailiff, or keeper of the prison, holding the order receives payment as aforesaid or receives such certificate as aforesaid, the judgment debtor shall be forthwith released by him.

20. All costs incurred by a plaintiff in endeavouring to enforce a judgment shall, unless the Court otherwise orders, be added to and form part of the judgment debt.

21. Where any person desires to replevy any property levied on under a warrant of distress, he must within the prescribed time apply to a magistrate, or a clerk to the magistrate, in the district in which the property has been seized, for a warrant to replevy, and on such person executing a replevin bond, with such surety or sureties as may be required by the

magistrate, or clerk to the magistrate, for the due prosecuting of an action in replevin without delay, a d for the return of the goods if such person should fail in such action, the magistrate, or clerk to the magistrate, shall issue a warrant to the peace officer in whose custody are the goods levied on, directing him to restore such goods to such person as a'oresaid, and the goods levied on shall then be restored to the person claiming the

same.

SCHEDULE.

(The parts of this Schedule correspond to the Parts of the Act.)