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5 & 6 Vic. c. 38.

British stat.

1842.

which such justices are restrained from trying under the provisions of an act passed in the fifth year of the reign of his late majesty, intituled an act for establishing a new court for the trial of offences committed in the metropolis and parts IV. c. 36. adjoining.

4 & 5 WM.

found at the

the peace to

2. It shall be lawful for any judge of one of her Majesty's Indictments superior courts at Westminster, acting under any commission of sessions of oyer and terminer and gaol delivery for any county to issue, if be removed, he shall think fit, any writ or writs of certiorari or other process directed to the justices of the peace acting in and for such county, riding, division, or liberty, or to the recorder of any borough situated within the said county, commanding the said justices and recorder severally to certify and return into the court holden under the authority of such commission of oyer and terminer and gaol delivery all indictments or presentments found or taken before any of the said justices of the peace or recorder of any offences which, after the passing of this act, such justices or recorder will not have jurisdiction to try, and the several recognizances, examinations, and depositions, relative to such indictments and presentments, and also, if necessary, by writ or writs of habeas corpus to cause any person or persons and prisonwho may be in the custody of any gaol or prison, charged with ers may be any such offence, to be removed into the custody of the keeper habeas of the common gaol of the county, so that the same offences may be dealt with, tried, and determined according to law, under the authority of the said commission.

removed by

corpus.

zances to be

assizes.

3. Every recognizance which shall have been entered into for Recogni the prosecution of any person at any court of sessions of the obligatory to peace for any offence which, after the passing of this act, such appear at court will not have jurisdiction to try, and every recognizance for the appearance, as well of any witness to give evidence upon any bill of indictment or presentment for any such offence as of any person to answer the queen for or concerning any such offence, or to answer generally before such court shall, in case any writ of certiorari or habeas corpus be issued, for the purposes of removing such indictment or presentment, or such person so in custody as aforesaid, be obligatory on the parties bound by such recognizance to prosecute, and appear, and give evidence, and do all other things therein mentioned with reference to the indictment or presentment, or person so removed as aforesaid, before the justices of oyer and terminer and gaol delivery, acting in and for that county, in like manner as if such recognizance had been originally entered into for prosecuting such offence, appearing or giving evidence, or doing such other things before the said justices of oyer and terminer and gaol delivery; Provided always that one week's notice shall have been given, either personally or by leaving the same at the place of residence, as of which the parties bound by such recognizance are therein described to appear before the court of oyer and terminer and

c. 38.

1842.

& VIC. gaol delivery instead of the said court of sessions of the peace; British stat. Provided also, That the judge who shall grant such writ of certiorari or habeas corpus shall cause the party applying for such writ or writs, whether he be the prosecutor or party charged with such offence to enter into a recognizance in such sum, and with or without sureties as the judge may direct, conditioned to give such notice as aforesaid to the parties bound by such recognizance to appear before the said court of oyer and terminer and gaol delivery, instead of before the said court of sessions of the peace respectively, and to do such other things with reference to the indictment, presentment, or person removed, as such court or judge shall direct.

Power to divide

courts of

the peace.

4. And whereas it is expedient to enlarge the powers of justices of the peace for dividing their several courts of sessions of sions of the peace; Be it enacted, That whenever any court of general or quarter sessions, or adjourned session of the peace shall be assembled for the dispatch of business thereunto belonging, and there shall be any order of the court in force for the appointment of a permanent chairman and deputy chairman of the said court, it shall be lawful for the justices then present, if it shall appear to them advisable, having regard to the business to be disposed of, to appoint two or more justices, one of whom shall be such deputy chairman, to sit apart in some convenient place in or near the court, there to hear and determine such business as shall be referred to them, whilst other of the justices, one of whom shall be the said chairman, are at the same time proceeding in the dispatch of the other business of the same court, and that the proceedings so had by and before the justices so sitting apart, shall be as good and effectual in the law as if the same were had before the court assembled and sitting as usual in its ordinary place of sitting, and shall be enrolled and recorded accordingly; and that the several provisions of the imperial act 59th George III. c. 28, entitled, "An Act to empower Magistrates to provide the Court of Quarter Sessions," shall, so far as may be, extend and be applicable to the second court so to be holden as aforesaid.

6 Vic. c. 14.] In taking away the punishment of death in 6 VIC. c. 14. Island Act. certain cases. 1842. ISLD. [1842.]

Offences not triable in

Quarter

Sessions.

6 Vic. c. 14, sec. 4.] None of the offences in this act specified [buggery, rape, carnal abuse of female children under nine years of age] shall be tried or triable before any justices of the peace at any general or quarter sessions of the peace.

7 VIC. c. 62.] An Act to provide for the gradual reduction of 7 Vic. c. 62 the number of the chairmen of quarter sessions.1

ISLD. [29th Feb. 1844.]

Island Act. 1844.

cies occur,

chairmen of

sessions to

be reduced to six.

7 Vict. c. 62, sec. 1.] Whereas it has been found that nine As vacanchairmen of quarter sessions are more than the duties assigned number of to them require, and it is expedient that the number should be reduced to six, as vacancies occur, and that a proper distribution of the labour of the reduced number of chairmen be made, by dividing the island again into districts: Be it enacted, That for the purpose of carrying into effect the reduction herein before mentioned, the island be, and it is hereby divided into six districts:

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

New dis

tricts, six

2. Saint Thomas in the East, and precinct, Portland, Saint only." George, and Metcalfe.

3. Saint Ann, Saint Mary, and Saint Thomas in the Vale. 4. Saint Catherine, and precinct, Clarendon, and Vere.

5. Trelawny, Saint James, and Hanover.

6. Saint Elizabeth, Westmoreland, and Manchester.

of duties.

2. When and as often as any vacancy occurs in any one of Distribution the districts heretofore created, the duties which should have been performed by the chairman whose district shall become vacant, shall devolve on the chairmen respectively in whose districts the parishes which form the vacant districts are severally placed under the provisions of this act.

Salaries of

new chair

each.

3. From the date of any vacancy, and so toties quoties as vacancies occur, until, and from and after the six districts men £1200 hereby created shall be filled, the chairman whose districts will be thereby increased, shall each of them receive a salary at the rate of £1200 per annum, payable at the same time, and in the same way, as the salaries of the chairmen of quarter sessions are now paid: Provided, That the chairman of the quarter sessions, Present and chief judge of common pleas of Kingston, for the time Kingston being, shall receive the salary of £1200, when this act shall 1200. come into operation with respect to any district.

chairman of

commis

chairmen

4. It shall not be necessary for the governor to issue any No new new commission to any one of the present chairmen of quarter sions to sessions who may be called on, under this act, to act in parishes present other than those for which at present he holds commissions; but requisite. he shall have, by virtue of this act, full power and authority, and is hereby required, to discharge all the duties of chairman of quarter sessions and chief judge of the court of common pleas of the parishes to which he succeeds under this act, in as full and ample a manner as if he received new commissions for

the same.

Vide 3 Vic. c. 65, ante.

Island Act.

1844. Governor may grant leave of

chairmen.

VIC. c. 62, 5. It shall and may be lawful, at any time hereafter, for the governor for the time being to grant, when and as he shall see fit, to any chairman of quarter sessions, leave of absence for any period not exceeding one year; and thereupon it shall be lawful absence to for the governor, if he shall think fit so to do, to nominate and appoint some person qualified under the 3rd Vic. c. 65, to act for, and instead of, such chairman, who shall have leave of absence as aforesaid: Provided, That the said deputy or deputies shall receive half the salary of any chairman or chairmen who may have obtained such leave of absence.

Proviso.

If absence exceeds 12 months, salary is then to cease.

8 VIC. c. 8. Island Act.

6. If any chairman of quarter sessions shall remain absent from this island for any period exceeding twelve months from the day of his departure, the salary payable to such chairman shall wholly cease.

8 VIC. c. 8.] An act to separate the parish of St. David from 1844. the precinct of Saint Thomas in the East and Saint David. ISLD. [15th Dec. 1844.]

Governor

may appoint

8 Vic. c. 8, sec. 2.] It shall and may be lawful for the a custos, &c. governor, or person administering the government for the time being, to appoint a custos rotulorum, or chief magistrate of the said parish of Saint David, and to select from the magistrates of the said precinct of Saint Thomas in the East and Saint David such persons as he may think proper to be justices of the peace for the said parish of Saint David, and to appoint any other persons to be justices of the said parish as he may from time to time think fit.

form a part

district,

under 3 Vic. c. 65,

3. And whereas, in the formation of the said parish of Saint David, it is requisite to define in which of the nine districts the same shall belong, under the thirty-fourth section of the 3 Vic. St. David to c. 65 (ante); Be it therefore enacted, That the said parish of of SECOND Saint David shall, after this act shall come into force, be considered to form part of the second district under the above recited act, as if the same had been originally included therein; and the chairman of the quarter-sessions of the second district for the time being, as mentioned in the said act, shall, and he is hereby required, to attend and preside as chairman of the quarter-sessions of the peace for the said parish of Saint David, and shall also preside as chief judge of the court of common pleas, and perform all duties whatsoever for the benefit of the said parish, as if the same parish had been formed at the time of the passing of the said recited act; and the said parish of Saint David shall, upon the coming into force of this act, be entitled to the benefit of all and every the provisions of the said act, to all intents, construction, and purpose whatsoever, as if the same had been formed at the passing of the said act, and originally been included therein.

8 c.

FIRST dis

7 Vic. c. 62.

4. And whereas, under the seventh of Victoria c. 62, pro- & VIC 8. vision is made for the gradual reduction of the number of 1844. chairmen of quarter-sessions: And whereas, under the said act, and part of the island is divided into six districts: And whereas it is necessary trict, under to declare in which of the said six districts the parish of Saint David shall be placed when the said act comes into operation: Be it further enacted, That when and as soon as a vacancy shall occur in the second or third districts created under 3 Victoria c. 65, the parish of Saint David shall become part of the first district created under the 7 Victoria c. 62, and the chairman for the time being of the quarter-sessions of the first district under the said last-mentioned act shall, and he is hereby required to, attend and preside as chairman of the quarter-sessions of the peace for the parish of Saint David, and also preside as chief judge of the court of common pleas of the said parish.

appoint

judges of

5. It shall be lawful for the governor, or person exercising Governor to the functions of governor for the time being, to appoint assistant assistant judges of the court of common pleas in the said parish of Saint Common David, and from time to appoint any other persons assistant Pleas judges of the said court as he may deem fit.

14 Vic. c. 23. To provide for the estreat of recognizances 14 Vic. c. 23. under £20, forfeited by non-attendance at courts of quarter

sessions.

ISLD. [15 April, 1851.]

Island Act. 1851.

&c., in 5

recogni

exceeding

14 Vic. c. 23.] Whereas it is necessary to amend the act 5 Provisos, Vic. c. 4 (ante), Be it enacted, That all the provisions, powers, Vic. c. 47, clauses, penalties, and provisoes, in the said act contained, shall to extend to extend to all recognizances not exceeding the amount of £20, zances not forfeited by the non-appearance of parties thereby bound to £20 for nonattend the courts of quarter-sessions, or departure from the said appearance, courts or any adjournment thereof, as defendants, prosecutors, and witnesses, without the leave of the said court, and if the same were repealed and re-enacted.

Clerks of the Peace.

&c.

37 HENRY VIII. c. 1.] A bill for custos rotulorum and clerks 37 HENRY of the peace.

ENGLD. [1545.]

VIII. c. 1. Engl. stat. 1545.

rotulorum

clerk of the

37 Henry VIII. c. 1, sec. 3.] Every custos rotulorum for the The custos time being shall at all times hereafter in every shire of this shall ap realm, Wales, and other the king's dominions, marches, and point the territories of the same, nominate, elect, appoint, and assign all peace. and every person and persons which hereafter shall be clerks of the peace within any of the said shires of this realm of England, Wales, and other the king's dominions, marches, and territories of the same, and to give and grant the said offices of the clerkship of the peace to such able person instructed in the laws of

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