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c. 2.

shall
appear to such Justice that the party or parties against whom

No. 4. any such order is sought hath or have been, by himself or them- Act 3 Vic. selves, or by those under whom he or they claim title, in the quiet possession of the land mentioned or referred to in any such inform

quiet posses. ation for five years* next before the date thereof, or that such sion. party or parties hath or have any probable claim or pretence of lawful right to such lands, or to the occupation thereof.

VI. That, for the purpose of any such order, to be made by any The adjudicasuch Justice, as aforesaid, the adjudication of such Justice shall be tion of Stipenconclusive as to the title of the person to whom delivery of the said diary Justices

to be conclusive lands and premises may be directed to be made; but nothing herein as to title. contained shall extend to take away or abridge the jurisdiction by law vested in the Superior Court of Civil Justice of the Colony, in taking cognizance of, and adjudicating upon, titles to land ; and Not, however, any person against whom any such order, as aforesaid, may have to prevent par

ties affected by been made, may, notwithstanding such order, proceed by the or

such adjudidinary course of law to recover possession of such lands, in case he cation from shall be able to establish a title thereto, and may also, in such case, trying their recover a reasonable compensation for the damage he may have right in Supe

rior Courts. sustained by reason of his having been compelled to deliver up possession of the said premises; and in the like manner, in case of the dismissal of any such information, the party having preferred the same may proceed before the ordinary tribunals, as if no such information had been preferred.

VII. Provided always, That in case any such information shall In cases of be dismissed, it shall be lawful for the said Justice, if he shall think dismissal of

information. fit, to order the person by whom the same may have been preferred, whether such information may have been preferred by the SurveyorGeneral or by any other person, to pay to the party or parties, against whom the same may have been preferred, such sum as the said Justices may consider to be the amount of costs fairly incurred by such party or parties by reason of such information so dismissed : and the payment of such costs may be enforced in the How payment same way as the payment of other debts may be enforced within is to be enthese islands.

torced. VIII. And for securing method and accuracy in the execution, The President by the Stipendiary Justices, of the jurisdiction hereby vested in to order forms

to be prepared. them; Be it, &c., That the President shall cause to be prepared forms of the proceedings to be observed in lodging complaints; in issuing summonses ; in the citation of witnesses; in the making orders; and generally for the complete carrying into execution of the powers hereby vested in the Stipendiary Justices; which forms shall be submitted by such President to the Chief Justice ; and, having been approved of by such Chief Justice, the same shall be observed in all proceedings before the said Stipendiary Justices.

IX. That all such forms of proceedings shall, from time to time, Forms may be be revised, repealed, or amended, by the authority and in the man- revised, &c. ner aforesaid, as occasion may require.

X. That no order made by any Stipendiary Justice, in the execution of the jurisdiction so vested in him, shall be liable to be reversed, set aside, appealed from, or questioned by any Court of Justice in the Colony; but the same shall, to all intents and purposes, be binding, final, and conclusive ; subject, nevertheless, to

* Altered to one year hy 3 Vic. c. 37.

c. 2.

No. 4.

the rights of the parties to proceed, as hereinbefore mentioned, Act 3 Vic. before the ordinary tribunals of the colony.

XI. That for all acts done by any Stipendiary Justice in the Stipendiary

exercise of the jurisdiction hereby vested in him, such Justice shall Justices enti

have and be entitled to the same protection and indemnity as, by tled to same any law in force in the Colony, any Magistrate is entitled to claim protection as or to have in respect of any act done by him in execution of the other Justices.

powers vested by law in him. Who to be XII. That for the purposes and within the meaning of this Act, deemed the

the officer lawfully administering the Government of the Colony President,

shall be deemed, and taken to be, the President thereof.

XIII. Repeals 4 Wm. 4, ch. 37.

No. 5. Act 3 Vic.

c. 37.

The 1st section of original Act explained.

No. 5.-3 Vic, ch. 37. An Act to amend an Act, entitled An Act

to provide a summary remedy against the occupation of Land by Persons having no title to the same.” (February 20th,

1840.) I. This section, which protected persons being in possession of land for one year from being ejected by summary process, is altered by 7 Vic. c. 13, post, No. 6.

II. And whereas, in framing the first section of the Act to which this Act is an amendment, certain words were omitted, the omission of which has rendered the meaning of the said section obscure; for remedy whereof, Be it, &c., That from and after the passing of the Act, the said first section of the Act, to which this Act is an amendment, shall be construed in the same and in the like manner as if the said first section had been and was worded as follows, that is to say : “ That the Stipendiary Justice of the Peace, within the said islands, shall, in manner hereinafter mentioned, exercise a summary jurisdiction for the removal of all persons, who have so taken or shall take possession of any lands, from the lands of which they may so have taken, or shall take, possession in such islands respectively, subject, nevertheless, to the provisions hereinafter mentioned.”

c. 13.

No. 6. No. 6.-7 Vic. ch. 13. An Act to amend an Act, entitled “ An Act Act 7 Vic.

to amend an Act entitled an Act to provide a summary remedy against the Occupation of Land by Persons having no title to the

same." (7th February, 1844.) PREAMBLE. HEREAS, in and by the first section of an Act passed in the

third

year of your Majesty's reign, entitled “ An Act to amend an Act entitled · An Act to provide a summary remedy against the Occupation of Land by Persons having no title to the same, it is enacted, That from and after the first day of September next after the passing of the said Act it shall not be lawful for any Stipendiary Justice of the Peace to make any order under the Act to which

the said Act is an amendment, for the delivering up of the possesPersons un sion of any lands whatsoever, if it shall appear to such Justice that lawfully intrud- the party or parties against whom any such order is sought hath or ing on land

have been by himself or themselves, or by those under whom he or may by sum

c. 13.

they claim title in quiet possession of the land in respect of which No. 7. such order is sought for one year next before the date of the in- Act 7 Vic. formation lodged before him by the party or parties claiming right or title thereto. And whereas, the period thus limited has been

mary process found to be too short; May it, &c., That the period named in the

be ejected, if said first section of the said hereinbefore in part recited Act of the not an occuthird year of Her Majesty's reign, shall be extended from the period pant of upof one to the period of two years.

wards of two years.

c. 46.

No. 7.-8 Vic, ch. 46. An Act to amend an Act entitled An Act No. 7.

to provide a summary remedy against the Occupation of Land Act 8 Vic.

by Persons having no title to the same." (14th May, 1845.) THEREAS, in and by the fourth section of an Act passed in the PREAMBLE.

third year of Her Majesty's reign, entitled “An Act to provide a summary remedy against the Occupation of Land by Persons having no title to the same,” it is amongst other things enacted, that in case the party or parties against whom any order shall be made under the said Act for the delivering up the possession of any lands, shall not within a fortnight after the service of such order deliver up possession of the lands in respect of which such order was made, that it shall be lawful for the Justice making the order to adjudge the party or parties disobeying the same to be imprisoned with or without hard labour for any time not exceeding fourteen days, but no provision is made for the punishment of a party or parties, who, having complied with any such order, shall nevertheless after having so complied again take possession of the same land; for remedy whereof, May it, &c., That if any party or parties Penalty on against whom an order shall have been made by any Stipendiary persons ieposJustice of the Peace under the authority of the Act to which this sessing them. Act is an amendment, requiring him, her, or them, to deliver to any from which other party or parties peaceable possession of any land or lands, they have been shall after having obeyed such order, again take possession of the dispossessed same land or lands, in respect of which such order had originally by the order of been made or any part thereof, it shall be lawful for the Justice by

a Stipendiary whom such original order was made, or for any other Stipendiary Justice of the Peace, to adjudge the party or parties so offending, to be imprisoned, with or without hard labour, in any lawful place of confinement within these islands, for any term not exceeding one calendar month, and to make a further order for the immediate delivery of the possession of such land to the party or parties entitled thereto; and for every repetition of such offence, the party or parties offending shall be liable to be punished in the same and the like manner.

Justice.

VAGRANCY. No. 8.-3 Vic, ch. 3. An Act for the better Suppression of Vagrancy, No. 8.

and for the Punishment of Idle and Disorderly Persons, and Act 3 Vic.

Rogues, Vagabonds, and other Vagrants. (21st June, 1839.) W PREAMBLE.

made for the suppression of vagrancy, and for the punishment of idle and disorderly persons, and rogues, vagabonds, and other

c. 3.

c. 3.

same,

No. 8. vagrants; May it, &c., That every person being able wholly, or in Act 3 Vic. part, to maintain himself or herself, or his or her family, by labour,

or by other means, and wilfully refusing or neglecting so to do, by

which refusal, or neglect, he or she, or any of his, or her family, Who shall be deemed idle

whom he or she may be legally bound to maintain, shall have beand disorderly come burthensome upon the public funds of this colony ; every persons. common prostitute, wandering in the public streets, or highways,

or in any place of public resort within these islands, and behaving in a riotous or indecent manner; and every person wandering abroad, or placing himself, or herself, in any public place, street, wharf, highway, court, or passage, to beg, or gather alms; or causing, or procuring, or encouraging any child or children to do so,

shall be deemed an idle and disorderly person, within the true inPunishment of tent and meaning of this Act : and it shall be lawful for any Sti

pendiary Justice of the Peace, to commit such offender, (being thereof convicted before him by his own view, or by the confession of such offender, or by the evidence upon oath of one or more credible witness or witnesses,) to any lawful place of confinement, there, or

on the public streets, or highways, to be kept to hard labour, for Proviso. any time not exceeding fourteen days : Provided, nevertheless, that

no person shall be deemed to be an offender under this Act, by reason of any such begging, or gathering alms, as aforesaid, or by reason of his or her causing, or procuring, or encouraging, any child, or children, so to do, unless it shall be made to appear, to the satisfaction of the Stipendiary Justice before whom he or she shall be charged with such offence, that the offender, by his or her own labour, or by other lawful means, or from any public funds appropri

ated for that purpose, have been provided with the necessaries of life. Who are to be II. That every person committing any of the offences herein

before mentioned, after having been convicted as an idle and dis

orderly person ; every person pretending, or professing, to tell bonds.

fortunes, or using, or pretending to use, any subtle craft, or device, by palmistry, obeah, or any suchlike superstitious means, to deceive, and impose on any of Her Majesty's subjects, or upon any other person ; every person wilfully exposing to view in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibitions ; every person wilfully, openly, and obscenely, exposing his, or her person, in any street, public road, or highway, or in view thereof, or in any public place of resort; every person endeavouring to procure charitable contributions, of any nature, or kind, under any false or fraudulent pretence; every person playing, or betting in any street, road, or highway, market, or wharf, or other open and public place, at, or with any table, or instrument of gaming, whatsoever, at any game, or pretended game of chance; every person having in his or her custody, or possession, any picklock, key, crow, jack-bit, or other implement, with intent, feloniously, to break into any dwelling-house, warehouse, store, shop, office, church, chapel, cellar, coachhouse, stable, or out-building; or being armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon; or having upon him or her, any instrument whatsoever, with intent to commit any felonious act; every person being found in or upon any dwelling-house, warehouse, store, shop, office, church, chapel, cellar, coachhouse, stable, or outhouse, or in any enclosed yard, garden, orchard, plantation, or farm, for any felonious purpose ; every-suspected person, or reputed thief, frequenting

deemed rogues and vaga

any wharf, or any warehouse, near or adjoining thereto, or any street, No. 8. highway, or avenue, leading thereto, or any public auction, or sale, or Act 3 Vic. other place of public resort, or any avenue leading thereto, or any

c. 3. street, highway, or place adjacent, with intent to commit felony ; * and every person apprehended as an idle and disorderly person, and violently resisting any constable, or other peace officer, so apprehending him, or her, and being subsequently convicted of the offence for which he, or she, shall have been so apprehended, shall be deemed a rogue and a vagabond within the true intent and meaning of this Act. And it shall be lawful for any Stipendiary Justice of the Peace, to commit such offender (being thereof con- Punishment. victed before him, on his own view, or by the confession of such offender, or by the evidence, on oath, of one, or more, credible witness, or witnesses,) to any lawful place of confinement, as aforesaid, there, or on the public streets, roads, or highways, to be kept to hard labour, for any time not exceeding twenty-eight days; and every such pick-lock, key, crow, jack-bit, and other implement, and every such gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon; and every such instrument, as aforesaid, shall, by the conviction of the offender, become forfeited to Her Majesty, and shall be forthwith sold, and the proceeds thereof, applied towards the expenses of the government of this colony.

III. That every person breaking, or escaping out of any place of Who shall be legal confinement, before the expiration of the term for which he, deemed incoror she, shall have been committed, or ordered to be confined, by rigible rogues. virtue of this Act; every person committing any offence against this Act, which shall subject him or her to be dealt with as a rogue and vagabond, such person having been, at some former time, adjudged so to be, and duly convicted thereof; and every person apprehended as a rogue and vagabond, and violently resisting any constable or other peace officer so apprehending him, or her, and being subsequently convicted of the offence, for which he or she, shall have been so apprehended, shall be deemed an incorrigible rogue, within the true intent and meaning of this Act: and it shall Punishment of be lawful for any Stipendiary Justice of the Peace to commit such same. offender (being thereof convicted before him, on his own view, or by the confession of such offender, or by the evidence, on oath, of one or more credible witness, or witnesses,) to any lawful place of confinement, there to remain until the next ensuing term of the Superior Court of Criminal Justice for the jurisdiction, within which the offence shall have been committed, then and there to be dealt with as hereinafter directed; and every such offender, who shall be so committed, shall be kept to hard labour during the period of his or her imprisonment.

IV. That it shall be lawful for any police, or other constable, or Police or other peace officer, to apprehend any person who shall be found offending constables to against this Act, and, forthwith, to take, and convey him, or her, apprehend of

fenders. before some Stipendiary Justice of the Peace, to be dealt with in such manner, as hereinbefore directed; and in case any police, or Punishment other constable, or peace officer, shall refuse, or wilfully neglect, to for refusing so take any such offender into his custody, and to take, and convey him, or her, before some Stipendiary Justice of the Peace, or shall

to do.

* So much of this section as is printed in italics is repealed by 3 Vic, c. 31. + So niuch of this section as is printed in italics is iepealed by 3 Vic. c. 2+.

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