8 GEO. IV. c. 22. XIV. VERDICTS. 8 GEO. IV. c. 22.] For improving the administration of crimiIsland Act. nal justice in this island. ISLD. [December 21, 1827.] 1827. 8 Geo. IV. c. 22, sec. 9.] No judgment after verdict upon any indictment or information for any felony, or misdemeanor, shall be stayed or reversed for want of a similiter, nor by reason that the jury process has been awarded to a wrong officer upon an insufficient suggestion, nor for any misnomer or misdescription of the officer returning such process, or of any of the jurors, nor because any person has served upon the jury who has not been returned as a juror by the provost-marshal or other officer; and where the offence charged has been created by any act, or subjected to a greater degree of punishment, or excluded from the benefit of clergy by any act, the indictment or information shall, after verdict, be held sufficient to warrant the punishment prescribed by the act, if it describe the offence in the words of the act. (a) 17 VIC. c. 2. Island Act. 1853. In case of verdict found for claimant, judge may 17 Vic. c. 2.] For the warehousing of goods imported into this island, and for the prevention of smuggling. ISLD. [December 1, 1853.] 17 Vic. c. 2, sec. 31.] In case any information or suit shall be tried for any cause of forfeiture, on account of any seizure made under this or any act, relating to the customs, or certify prob- to trade or navigation, and a verdict shall be found for the able cause of action. claimant thereof, and it shall appear to the judge before whom such trial was had, that there was a probable cause of seizure, such judge shall certify on the record that there was such probable cause, and such certificate shall be a bar, and may be pleaded as such to any action, indictment, or other proceeding, against the party making such seizure; and in case any action, indictment, or other proceeding, shall be brought to trial against any person whatsoever, on account of any seizure (whether any information shall have been or shall be brought to trial for the condemnation of the same or not), and a verdict shall be given for the plaintiff, if the court or judge, before whom such action, indictment, or other proceedings, shall be tried, shall certify on the record or other written proceedings, that there was probable (a) Sec. 6 of this act superseded by 16 Vic. c. 15, sec. 24. See INDICTMENTS. (Ante.) Island Act. 1853. cause for such seizure, then the plaintiff shall not be entitled to 17 Vic. c. 2. more than twopence damages, nor to any costs of suit; nor shall the defendant in any such prosecution be fined more than one shilling, and the production of such certificate, or a copy thereof, verified by the signature of the officer of the court having charge thereof, shall be sufficient evidence of such certificate. 33 CAR. II. c. 5. 33 CAR. II. c. 18. Island Acts. 1681. Appropriation of penalties acts. XVI. PENALTIES AND FORFEITURES. 33 CAR. II. c. 5.] Against blasphemy, and for preventing disorders in ale houses, taverns, and victualling houses. 33 CAR. II. c. 18.] For regulating building and preventing fire. ISLD. [1681.] 33 Car. II. c. 5, sec. 5-33 Car. II. c. 18, sec. 6.] The several fines, forfeitures, and penalties mentioned in these acts and not under these declared where they shall be recovered and how disposed of, shall be [cap. 5, one half to the king;-cap. 18, one third to the king, his heirs and successors,] for and towards the support of the government of this island and contingent charges thereof,[cap. 5, the other to the informer, who shall sue for the same in any court of record,-cap. 18, one third to the churchwardens for the use of the respective parishes, and one third to the informer, to be recovered by action of debt in any court of record] within this island, wherein no essoin, protection, injunction, or wager of law, shall be allowed. 33 CAR. II. c. 23. 33 CAR. II. c. 23.] For establishing courts and directing the Island Act. marshal's proceedings. ISLD. [1681.] 1681. Disposition and recovery of 33 Car. II. c. 23, sec. 20.] The several fines, forfeitures and penalties mentioned in this act and not declared how they shall forfeitures. be disposed of, shall be recovered in any court of record within this island, wherein no essoin, protection, or wager of law shall be allowed, the one moiety whereof shall be to the king, his heirs, and successors, for and towards the support and government of this island, and the contingent charges thereof, and the other moiety to the informer or he that shall sue for the same. 11 WM. III. 11 WILL. IJI. c. 1.] For appointing scavangers and reguIsland Act. lating wharfage at Port Royal. c. 4. 1699. Disposition and re covery of forfeitures. ISLD. [1699.] 11 Will. III. c. 4, sec. 6.] The several penalties and forfeitures in this act mentioned shall be, one moiety to the use of the parish (a) In any fresh codification of laws, all the sections under this head may be usefully expunged from the statute-book, and be supplied by one short act direct ing a general mode of recovery of all fines and forfeitures now in force, or hereafter to be imposed, by any act of this island. of Port Royal and the other moiety to the informer; to be recovered, if not exceeding 40s., before any justice of the peace, and if above 40s. by bill, plaint, or information in any court of record in this island wherein no essoin, protection, or wager of law shall be allowed; any law, custom, or usage to the contrary in any wise notwithstanding. 8 ANN, c. 8.] Appointing waywardens, regulating wharfage, 8 ANN, c. 3. and bringing out the channel between Port Royal and Kingston. ISLD. [19th April, 1709. 8 Ann, c. 8, sec. 8.] All penalties in this act and not mentioned how to be disposed of or how recovered, shall be one half to her majesty, her heirs and successors, for and towards the support and government of this island, and the contingent charges thereof, and the other half to the informer or him, her, or them that shall sue for the same; to be recovered in the supreme court of this island, wherein no essoin, protection, or wager of law shall be allowed, or non vult ulterius prosequi entered, any law, &c. to the contrary notwithstanding. Island Act. 1709. 11 ANN, c. 4.] For preserving the public records. ISLD. [14th March, 1712.] 11 Ann, c. 4, sec. 7.] Whatever officer or officers of any of the public offices before [in this act] mentioned, shall neglect his or their duty in not performing and complying with the several particulars in this act mentioned, shall for each such offence forfeit the sum of £100, to be recovered by action at the supreme court of this island, wherein no essoin, protection, or wager of law shall be allowed, or non vult ulterius prosequi be entered, any law, &c. to the contrary notwithstanding. 11 ANN, c. 4. Island Act. 1712. 5 GEO. II. c. 2.] For keeping a nightly watch in the town of 5 GEO. II. Kingston. ISLD. [6th May, 1732.] 9 GEO. III. c. 4.] For preventing damages by fire in the town of Savanna-la-Mar. ISLD. [7th December, 1768.] 5 Geo. II. c. 2, sec. 8-9 Geo. III. c. 4. sec. 9.] One moiety of all forfeitures and penalties mentioned in these acts [c. 2, and c. 2. 9 GEO. III. c. 4. Island Acts. 1732, 1768. not directed how to be recovered or disposed of] shall be for the Support of the poor of the parish, and the other moiety to the informer [c. 2, or him] who shall sue for the same; to be recovered by action of debt, or information in the court of common pleas in the said town [c. 4, parish] wherein no wager of law, essoin, protection, injunction, or noli prosequi shall be allowed any thing in in this act or in any other act or law to the contrary notwithstanding. 9 GEO. II. c. 6. 9 GEO. II. c. 6.] To explain the will of John Voolmer deceased, Island Act amd for erecting and establishing a free school in Kingston. ISLD. [15th May, 1736.] 1736. 9 Geo. II. c. 6, sec. 9.] Any person or persons offending or acting contrary to the true intent and meaning of this act, shall forfeit the sum of £500; one third to his majesty, his heirs and successors, for and towards the support and government of this island, one third to and for the use of the said free school, and the other third to the informer or him her or them who shall sue or prosecute for the same; to be recovered by bill, plaint, or information in any of the courts of record of the island wherein no essoin, protection, or wager at law shall be allowed, or non vult ulterius prosequi entered; any law, &c. to the contrary notwithstanding. 11 GEO. II. c. 4. Island Act. 1738. 11 GEO. II. c. 4.] For the better preserving the public records. ISLD. [1st March, 1731.] 11 Geo. II. c. 4, sec. 5.] All penalties in this act mentioned shall be recovered in the supreme court of this island, by action of debt, bill, plaint, or information, wherein no essoin, protection, wager of law, or injunction shall be granted or allowed, or non vult ulterius prosequi be entered; and one moiety thereof shall be to the use of his majesty his heirs and successors, for and towards the support of the government of this island, and the contingent changes thereof, and the other moiety to the informer or him or them who shall sue for the same, any law to the contrary notwithstanding. 20 GEO. II. c. 16. 20 GEO. II. c. 16.] For the assaying of gold and silver wares Island Act. and bullion. ISLD. [2nd July, 1747.] 20 Geo. II. c. 16, sec. 11.] All and every the fines, forfeitures, 1747. |