Magistrates.
[CAP. 227
apprehend
for offence on high
committed
seas, etc.
11 & 12 Vict.
c. 42, s. 2.
72. In every case of felony or misdemeanor committed on the high seas, or in foreign parts, or in any creek, harbour, haven or other place within the jurisdiction of the Admiralty for which an indictment may be preferred by the Attorney General, it shall be lawful for any magistrate, if the accused resides or is supposed to reside or be within the Colony or the waters thereof, to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge and to be further dealt with according to law.
[67
apprehend
indictment
Attorney
and accused
73. (1) Where an indictment is filed by the Attorney General against any person who is then at large, and whether such person has been bound by recognizance to appear to answer to the same or not, the Registrar, on the application of the prosecutor or of any person on his behalf (if the person against whom the indictment has been filed has not already appeared and pleaded to the indictment), shall grant to him a certificate of such indictment having been filed.
General is at large. c. 42, s. 3.
11 & 12 Vict.
Form 3.
(2) On the production of such certificate to a magistrate, it shall be lawful for him, and he is hereby required, to issue his warrant to apprehend the accused and to cause him to be brought before him to be dealt with according to law; and afterwards, if such person is apprehended and brought before a magistrate, the magistrate, on its being proved upon oath before him that the person so apprehended is the same person who is charged and named in the indictment, shall without further inquiry or examination commit him for trial or admit him to bail in manner hereinafter mentioned.
(3) If the person against whom an indictment is so filed by the Attorney General as aforesaid is confined in prison for any other offence than that charged in the indictment at the time of such application and production of the said certificate to a magistrate, it shall be lawful for the magistrate, and he is hereby required, on its being proved before him upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Commissioner of Prisons commanding him to detain the accused in his custody until by a writ of habeas corpus he shall be removed therefrom for the purpose.
- 271.
Page 45
Page 46
Magistrates.
[CAP. 227
apprehend
for offence on high
committed
seas, etc.
11 & 12 Vict.
c. 42, s. 2.
72. In every case of felony or misdemeanor committed Warrant to on the high seas, or in foreign parts, or in any creek, harbour, haven or other place within the jurisdiction of the Admiralty for which an indictment may be preferred by the Attorney General, it shall be lawful for any magistrate, if the accused resides or is supposed to reside or be within the Colony or the waters thereof, to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge and to be further dealt with according to law.
[67
apprehend
indictment
Attorney
and accused
73. (1) Where an indictment is filed by the Attorney Warrant to General against any person who is then at large, and where whether such person has been bound by recognizance to is filed by appear to answer to the same or not, the Registrar, on the application of the prosecutor or of any person on his behalf (if the person against whom the indictment has been filed has not already appeared and pleaded to the indict- ment), shall grant to him a certificate of such indictment having been filed.
General is at large. c. 42, s. 3.
11 & 12 Vict.
Form 3.
(2) On the production of such certificate to a magis- trate, it shall be lawful for him, and he is hereby required, to issue his warrant to apprehend the accused and to cause Rules. him to be brought before him to be dealt with according to law; and afterwards, if such person is apprehended and brought before a magistrate, the magistrate, on its being proved upon oath before him that the person so appre- hended is the same person who is charged and named in the indictment, shall without further inquiry or examina- tion commit him for trial or admit him to bail in manner hereinafter mentioned.
(3) If the person against whom an indictment is so filed by the Attorney General as aforesaid is confined in prison for any other offence than that charged in the indict- ment at the time of such application and production of the said certificate to a magistrate, it shall be lawful for the magistrate, and he is hereby required, on its being proved before him upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Commissioner of Prisons commanding him to detain the accused in his custody until by a writ of habeas corpus he shall be removed therefrom for the pur-
- 271.
Page 45Page 46
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