Page images
PDF
EPUB

stat. 1. c. 4. Engl. stat. 1414.

time

ing and occupied in the king's courts, or otherwise in some other 2 HEN. V. place occupied in the king's service; and make their sessions four times by the year, that is to say, in the first week after the feast of St. Michael, and in the first week after the Epiphany, and in the At what first week after the clause of Easter, and in the first week after the justices Translation of Saint Thomas the Martyr, and more often if need their be; and the same justices shall hold their sessions throughout the realm of England, in the same weeks every year from year to year from henceforth.

Jurisdictions.

may hold

sessions.

5 WM. and MARY, c. 3.] An act for making Kingston a 5 WM. & M.. parish.

ISLD. [A. D. 1693.]

Engl. stat. 1693.

Quarter

Common

5 Wm. and Mary, c. 3. sec. 2.] For the case of the merchants Courts of and trading people of the said town of Kingston, there shall be sessions and erected, established and held, in the said town a quarter-session, pleas for the conservation of the peace, and a court of common pleas Kingston. with the same power and authority that is or hath been lately held or exercised at Port Royal.

4 ANN, c. 4.] For establishing courts at Kingston.

4 ANNE C. 4. Island Act.

1705.

Quarter Ses

ISLD. [Aug. 15, 1705.] 4 Ann, c. 4. sec. 1.] Whereas many gentlemen, merchants, and others, have lately settled, and do now reside and trade, at Kingston: And whereas the sitting of quarter-sessions, and court of common pleas, may conduce very much to the use and advantage of the inhabitants, and to the encouragement of trade there: Be it therefore enacted that, for the ease of the merchants and Courts of trading people of the town of Kingston, there shall be erected, sions and established, and held in the said town a quarter-sessions for the pleas to be conservation of the peace, and a court of common pleas, with held at the same power and authority to all intents that is, or hath been, held or exercised at Port Royal, which said court shall be Com. Pleas held the first time on the first Wednesday in September, 1705, and months. afterwards every two months, and the sessions every three Quarter Sesmonths; the first session on the third Tuesday in August, and sions every so every three months.

Kingston.

every two

three

months.

10 GEO. I. c. 8.] For settling the north-east part of this island. 10 GEO. 1. ISLD. [Nov. 12, 1723.]

c. 8. Island Act.

1723.

Quarter Ses

held at

10 Geo. I. c. 8. sec. 5.] For the ease of the inhabitants and people of the parish of Portland, there shall be established and Court of held inthe town of Titchfield a quarter-sessions for the conservation sions to be of the peace, and a court of common pleas, with the same power Titchfield. and authority that is or hath been used, held, or exercised in any of the inferior courts in any other parish or precinct within this island; and the sessions shall be held every three months; anything in this or in any other act to the contrary notwithstanding.

D

3 VIC. c. 65. Island Act. 1840.

Governor

may appoint

men of

Quarter
Sessions.

3 VIC. c. 65.] To make provision for the improvement of the administration of justice in the several courts of this island. ISLD. [11th April, 1840.]

3 Vic. c. 65, sec. 32.] The governor, or person exercising nine chair the functions of governor for the time being, is hereby authorized by commissions under the seal of this island, to nominate and appoint nine persons, being barristers at law of two years standing at any of the bars of the united kingdom of Great Britain and Ireland, or who shall have practised at the bar of this island for two years at least, or who shall be attorneys at law, admitted to practice, and shall have practised in the supreme court of this island for ten years at least, before their respective appointments, to be and act as chairmen of courts of quarter-sessions, and presiding judges of common pleas, in manner hereinafter provided, and from time to time to fill up vacancies occasioned by death or otherwise.

Proviso.

Island divided into nine districts, for purposes of this act.

Oath to be taken by chairman,

&c.

A chairman to preside

trict of the

34. The island shall, for the purposes of this act, be divided into nine districts, viz.:

1. Kingston, Port-Royal, and St. Andrew.

2. Saint Thomas in the East, and Saint David.
3. Portland, and Saint George.

4. Saint Mary, and Saint Ann.
5. Trelawny, and Saint James.
6. Hanover, and Westmoreland.

7. Saint Elizabeth, and Manchester.
8. Clarendon and Vere.

9. Saint Catherine, Saint Thomas in the Vale, Saint John,
and Saint Dorothy.1

33. Each and every person to be appointed as chairman of a court of quarter-sessions, and presiding judge of a court of common pleas, under the provisions of this act shall, before entering upon the duties of his office, take and subscribe the same oaths and declarations taken and subscribed by justices of the peace and judges of the common pleas, and thereupon shall have all and every the powers and authorities of a justice of the peace and judge of the court of common pleas in this island.

35. One of the several persons to be nominated under this in the courts act shall be appointed to each district, and shall, and he is of each dis hereby required to, attend and preside as chairman at each of island. the courts of quarter-sessions of the peace, and shall also be present and preside as chief judge of the court of common pleas Times and to be holden for each of the parishes within his district: Prositting to be vided, and be it further enacted, That it shall be lawful for the regulated by governor, or person exercising the functions of governor, upon application of the custos or costodes and magistrates of any of

places of

the gover

nor.

Reduced prospectively to 6. Vide 7 Vic. c. 62. (Post.)

the aforesaid districts, so to regulate the different places at which such courts shall be held, and the time of their sitting, as shall best suit public convenience, in carrying out the object of this act.

VIC. c. 65. Island Act. 1840.

44. The receiver-general is hereby directed to pay to each of the persons to be nominated under this act, out of any public moneys unappropriated, by four quarterly payments, a salary at the rate of £1000 sterling per annum: Provided, That no Salary of person, so to be appointed, shall be entitled to such salary, £1000 each. unless, at the time of his appointment, he shall be qualified as herein before directed.

5 VIC. c. 8.] To remove doubts as to the adjourning of courts of quarter sessions, and common pleas, and the compelling the attendance of jurors, and others, at such adjourned courts. ISLD. [1841.]

chairmen

[ocr errors][merged small][merged small]

Quarter Ses

from day to

3 Vic. c. 8, sec. 1.] Whereas doubts have existed as to the legality of adjourning courts of quarter-sessions of the peace, and courts of common pleas: And whereas it is expedient to remove the same, Be it therefore enacted, That it is and shall be lawful courts of for the justices of the peace of the city of Kingston, and of the sions may several parishes and precincts of this island, in quarter-sessions beaded assembled, and for the judges and assistant judges of the several journed courts of common pleas, at any of the said courts, and also for day to other the chairman of the courts of quarter-sessions of the said city, periods, parishes and precinct, at any court of quarter-sessions of the peace, or chief judges of the court of common pleas, appointed by virtue of the act 3rd Vic. c. 65,' holden in and for the same, when, and as to such justices, judges or chairman or chief judges respectively, it shall seem meet, to call the said courts of quartersessions, and courts of common pleas, and to adjourn the same from day to day, or to any other period, for the despatch of business.

nesses, &c.,

penalty.

2. The jurors, witnesses, parties, and other persons attending, Jurors, wit summoned to or bound to attend the said courts of quarter- to attend sessions and courts of common pleas, shall have the same duties under and powers and be liable and subject to the same fines and penalties for non-attendance, as they were originally liable and subject to, had the said courts been held at the usual and fixed periods and times and not have been adjourned.

&c., may

courts.

3. It shall be lawful to and for one justice of the peace for the one justice, city of Kingston, and of the several parishes and precincts of the call and said island, and for one of the judges and assistant judges of adjourn the said several courts of common pleas, and also for the chairman of the courts of quarter-sessions, and the said chief judges of the courts of common pleas from time to time to call the said courts

13 Vic. c. 65. Island act, commonly known as "Judicial Bill."

Island Act.

5 Vic. c. 8. of quarter sessions and common pleas and to adjourn the same in 1841. like manner, as if three or more justices or judges had been present.

In absence

of chairman and chief Judges,

custos or

4. In the event of the absence of the chairman of quartersessions or chief judge of the court of common pleas, from indisposition or otherwise, the custos or senior magistrate present senior ma- shall, with the other magistrates, hold the said court of quartersessions in the same manner as before the appointment of chairman, and the other judges of the court of common pleas shall in like manner hold the court of common pleas as heretofore.

gistrate may proceed.

5 VIC. c. 47.

5 VIC. c. 47.] To facilitate the recovery of fines and estreat Island Act. recognizances.' ISLD. [1842.]

1842.

Recognizances not exceeding £20

may be estreated.

5 Vic. c. 47, sec. 1.] All recognizances, sum or sums of money to be paid in lieu or satisfaction of them, or any of them, not exceeding the sum of £20 which already are or hereafter shall be taken and recognized by or before any justice or justices of the peace of any parish in this island, shall be certified by the justice or justices of the peace by or before whom the same shall be taken and recognized, in writing, to the clerk of the peace of the parish, and the clerk of the peace of each parish shall prepare a list containing the names and residences, trades, professions, or callings of the parties, and the amount of the sum forfeited by each respectively, and present the same to the justices the first day of each ensuing general court of quarter-sessions of such parish, and the justices assembled at such quarter-sessions shall inquire into such recognizance, and direct such clerk of the peace to copy on a roll all such recognizances, sum or sums of money to be paid in lieu or satisfaction of them, or any of them, which shall have been forfeited, showing the cause of such forfeiture; Clerks of the and the said clerk of the peace shall also insert in such roll all fines set and imposed by such justices at such court, and the clerk of the peace shall, within such time as shall be fixed and ment send determined by such court, not exceeding twenty-one days after the adjournment of such court, send a copy of such roll, with writs of distringas and capias, to be signed by three of such justices according to the form and effect in the schedule, marked A, annexed to this act (varying such writ according to the circumstances of each case), directed to the provost-marshalgeneral, of this island, which shall be the authority to the provost-marshal-general, or his lawful deputy, for proceeding to the immediate execution of such writs, by recovering the amount of such forfeiture, recognizances, fines, sum or sums of money mentioned therein respectively, on the goods and chattels of such several persons, or by taking into custody the bodies of such persons, in case the same shall not be paid, or sufficient goods and chattels cannot be found to satisfy the same respectively:

peace must

within 21 days after adjourn

copy roll, &c., to justices.

See 14 Vic. c. 29. (Post.)

Island Act.

and every person so taken shall be lodged in the common goal & Vic c. 47. until the next general quarter-sesions of the peace, there to abide 1842. the judgment of the said court, unless such forfeited recognizance, fine, or sum or sums of money, shall be sooner paid.

quarter ses

cate of roll

2. Every clerk of the peace shall, within thirty days after each and in 30 of the general courts of quarter-sessions, send to the receiver- days after general of this island a duplicate copy of the roll or rolls delivered sions duplito the provost-marshal-general, and also a copy of the return to receiver made by him or his deputy on the first day of the opening of such general. court as hereinafter directed, together with the causes of discharge, in case any person shall have been relieved by the said general court of quarter-sessions, and the answer given by any deputy-marshal to such court where any forfeited recognizance, fine, sum or sums of money, to be paid in lieu or satisfaction of them, or any of them, has or have not been paid to or received by such deputy-marshal.

as to same.

3. The clerk of the peace, before he shall deliver such rolls to Making oath the provost-marshal-general and receiver-general, shall make oath, before any justice of the peace for the parish for which such clerk of the peace shall act, which oath shall be endorsed on the back of the said rolls, stating therein that all such forfeited recognizances, sum or sums of money to be paid, or otherwise accounted for, and such oath shall be made in the form following:

"I, make oath that this roll is truly and care- Form of fully made up and examined, and that all recognizances under the oath, sums of twenty pounds respectively, which were taken and recognized at the parish (or precinct) of and have become forfeited, and in right and due course of law ought to be levied and paid, and also of all fines set and imposed by the justices at the court of quarter-sessions of the peace, held on the in and for the parish (or precinct) of are, to the best of my knowledge and belief, inserted in the said roll, and that in the said roll are also contained and expressed all such sums as have been paid to, or received by me, either in court or otherwise, on such forfeited recognizances, without any wilful or fraudulent discharge, omission, or defect whatsoever.

of

day of

Sworn to before me, at 18

[ocr errors][merged small][merged small]

pay over

4. The several clerks of the peace of this island shall, within Clerks of twenty days after each of the courts of quarter-sessions of their ce must respective parishes, pay over to the receiver-general, for the use money to of the public of this island, all sum and sums of money received general. by them on account of such fines and recognizances.

receiver

taking re

5. Each and every justice of the peace before whom any re- Justices cognizance shall be entered into or taken, shall, and is hereby cognizance required to give, or cause to be given, at the time of entering into such recognizance to the person or persons, surety or suretics, sureties,

must give

notice to

« EelmineJätka »