ENQUIRY INTO CAUSES OF FIRES AND ACCIDENTS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Power and duty of Resident Magistrate in respect of fires and certain other occurrences

   4   Summoning and examination of witnesses

   5   Enforcement of evidence and production of documents

   6   Who are entitled to attend such enquiries and examine and cross-examine witnesses

   7   Powers of Justice in cases of fire or other occurrence

      Penalty on persons obstructing persons acting under this section.

   8   Witnesses' expenses, their allowances and payment

   9   Enquiry to be public

   10   Report of result of enquiry, and duty of Resident Magistrate in respect thereof.

      Who entitled to take copies of report and evidence

   11   Form of summonses and warrants

 

THE ENQUIRY INTO CAUSES OF FIRES AND ACCIDENTS ACT

[Date of Commencement: 18th October, 1887]

Cap 115.

1   Short title

   This Act may be cited as the Enquiry into Causes of Fires and Accidents Act.

2   Interpretation

   In this Act-

   "enquiry" means an enquiry under this Act;

   "Chairman of the Parish Council" shall include Vice-chairman, or other person for the time being performing the duties of chairman; and in the cases of the parishes of Kingston and St. Andrew shall include the Council of the Kingston and St. Andrew Corporation appointed and constituted under the provisions of the Kingston and St. Andrew Corporation Act.

3   Power and duty of Resident Magistrate in respect of fires and certain other occurrences

   Where any fire occurs causing injury to person or property, or in respect of which there is reasonable ground to suspect that a crime has been committed, or where any occurrence takes place resulting in serious injury to person or property, and the origin of such fire or occurrence is unknown, the Resident Magistrate of the parish in which such fire or occurrence has taken place, shall, if he considers it expedient, or is required by the Minister or the Chairman of the Parish Council of the parish to do so, make enquiry into the origin of such fire or occurrence.

4   Summoning and examination of witnesses

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   The said Resident Magistrate may, by writing under his hand, summon such witnesses as he may deem necessary, and shall examine them, and all other persons presented or presenting themselves for examination, on oath or affirmation touching the matter of the enquiry; and the evidence of every witness shall be taken down in writing by the said Resident Magistrate, or by such other person as he may for the purpose appoint, and distinctly read over to and subscribed by such witness in the presence of the said Resident Magistrate.

5   Enforcement of evidence and production of documents

   If any person summoned as aforesaid as a witness at any enquiry held under this Act shall neglect or refuse to appear at the time and place appointed by the said summons and otherwise to comply with the same, and if no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affidavit of such summons having been served upon such person, either personally or by leaving the same for him with some person at his place of abode) it shall be lawful for the Resident Magistrate to issue a warrant under his hand to bring and have such person at a time and place therein mentioned before him to testify as aforesaid, and if on the appearance of the person so summoned, either in obedience to the said summons or upon being brought up by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath, or to make such affirmation, or having taken such oath or affirmation shall refuse to answer such questions concerning the premises as shall be then put to him, or shall refuse to produce any document which he may be summoned or be required by the Resident Magistrate to produce, or shall refuse to subscribe his deposition, the Resident Magistrate may by warrant under his hand commit the person so refusing to prison for any term not exceeding seven days, unless he shall in the meantime consent to be examined and to answer concerning the premises, or to produce such document, if any, or to subscribe his deposition, as the case may be:

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