VII. Civil Jurisdietion THE LEEWARD ISLANDS MAGISTRATES ACTS. "God keep your worship. I wish your worship well.” LEEWARD ISLANDS, ACT No. 10, 1891. An Act to consolidate the law relating to Magistrates. ARRANGEMENT OF SECTIONS. 1. Short Title. 2. Repeal. 3. Forms in use to be used under this Act. 4. Interpretation clause. PART I. Personal. 5. Division of Colony into Districts. 6. Boundaries of Districts defined by Governor-in-Council. 7. Appointment of District Magistrates. 8. Ex-officio Magistrates. 9. Residence of Magistrates. 10. Removal of Magistrates from one district to another. 11. Powers and duties of Magistrates. 12. Magistrates may act for each other and Governor may direct them to do so. 13. Trial of cases during illness or absence of Magistrates. 14. Trial of cases in which certain Magistrates are interested. 15. Salaries of Magistrates. 16. Salaries how payable. 17. Sitting to be appointed by Order-in-Council. 18. Adjournment of sittings in Magistrate's absence. 19. Officers, clerks and bailiffs. 20. Magistrates to be for the colony, powers of Justices of the peace reserved to them. 21. Every action must allege that the act was done maliciously. 22. Conditions under which actions may be brought. B 23. Action to be brought against convicting Magistrates. 24. Supreme Court may order Magistrate to do that, the legality of which he is uncertain. 25. Defect in conviction must not operate against Magistrate issuing warrant of distress, &c. 26. Judge may set aside proceedings in action. 27. Action cannot be commenced after three months. 28. Magistrates entitled to one month's notice of intended action. 29. Venue to be laid in the Presidency where act committed. 30. Magistrate may tender amends. 31. When plaintiff shall be nonsuit. 32. Recovery of damages and costs. 33. Mode of Procedure. 35. When Magistrate may issue his Summons. 36. How complaint to be made. 37. To be of one matter only at a time. 38. May be made by Counsel or Solicitor. 39. Magistrate has discretion to refuse summons. Remedy on refusal. 40. How summons is to be served. 41. How service is to be proved. 42. If the person summoned does not appear warrant may issue. 43. When a warrant may issue in the first instance. Proviso where more than one person is to be arrested. 44. As to warrant when offence is committed on the high seas and beyond 51. Warrant not to lapse on death or removal of Magistrate. 52. Any Magistrate other than the one hearing the case may act in the case either before or after hearing. PART III. Preliminary Inquiries. 53. Court House not to be an open Court. 54. Preliminary Inquiry where case not triable summarily. 55. When a child may be tried summarily. 56. When a young person may be tried summarily. 57. Power to remand in order to excuse the presence of parent or guardian. 58. Where an adult may be tried summarily. 59. Where an adult pleading guilty may be dealt with summarily. 60. When a case may not be dealt with summarily. 61. Power to remand in order to ascertain if case should be dealt with summarily. 62. Evidence to be taken on oath. 63. Witnesses to be examined in presence of accused who may cross examine. 64. Depositions. 65. Magistrate to dismiss the charge or call on accused for his defence. 66. Mode of calling on accused for his defence. Statement of accused to be taken down. Proviso. 67. Accused may show cause and call witnesses. 68. Magistrate to dismiss the charge or to commit for trial. Proviso. 69. When accused is brought up in another Presidency, Magistrate may hear and dismiss the charge. 70. Or may commit for trial. 71. Or may send accused to District in which the offence was committed. Together with the depositions. 72. Magistrate of such District to deal with the case as if originally commenced before him. 73. Peace officer on delivery of prisoner to Magistrate entitled to his expenses. Magistrate to give Peace Officer a certificate. 74. How Peace Officer is to receive his expenses. 75. Prosecutor and witnesses to be bound over to appear at trial of accused. All recognisances, depositions, &c., to be transmitted to the Circuit 76. Where the accused is to be conveyed before a Magistrate in another Presidency, he may be admitted to bail. All depositions and recognisances to be transmitted to the Magistrate of such other Presidency. 77. Accused on committal to be committed to prison, unless bailed. 78. Peace Officer to convey him to prison and deliver him to the Gaoler. Gaoler to give a receipt for the prisoner. 79. Magistrate may not admit to bail for certain felonies. 80. May admit to bail for misdemeanour and certain cases of felony. 81. Magistrate may admit to bail for misdemeanour at any time. 82. When Magistrate may admit to bail on adjournment of hearing. 83. Warrant of deliverance. 84. Person bailed to enter into recognisances for his reappearance. 85. Judge may order accused to be admitted to bail. 86. Notice of application to Judge to be given to committing Magistrate or Coroner who shall forward copy of the information and evidence to the Supreme Court. 87. Accused entitled to copy of depositions on payment. PART IV. Summary Jurisdiction (Criminal). 88. Court House to be an open court. 89. Either party may appear in person or by Counsel. 90. Limitation 6 months unless otherwise provided. 91. Where accused liable to imprisonment for more than 6 months he may claim to be committed for trial. Proviso when the accused is a child. 92. If defendant does not appear Magistrate may proceed ex parte. 93. If prosecutor does not appear Magistrate may dismiss or adjourn. |