T. Island Act. ACCOUNT OF CLERK OF THE PEACE, AND OF THE KEEPER 13 Vic. c. 35. OF THE (COMMON GAOL, OR OTHER PRISON.) 1850. Monthly Return to the Justices and Vestry of the Parish Schedule T. of (or to the Common Council of the City and Parish of Kingston), of Fines, Penalties, and Sums of Money received by the Clerk of the Peace, (or by the Keeper of the Common Gaol, or other Prison, at and how applied, from the 18 day of to the 31st day of the same Month. 13 & 14 VIC. c. 93. 13 and 14 VIC. c. 93.] For improving the condition of seamen British stat. and maintaining discipline in the merchant service. 1850 14 & 15 VIC. c. 79. British stat. 1851. Distress not unlawful for want of form. BRIT. [August 14, 1850.] 14 and 15 VIC. c. 79.] To consolidate and amend the laws relating to steam navigation. ISLD. [August 7, 1851.] 13 and 14 Vic. c. 93, sec. 113; 14 and Vic. c. 79, sec. 4.] No distress levied in any proceedings under either of these acts shall be deemed unlawful, nor shall any person making the same be deemed a trespasser on account of any defect of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio, on account of any irregularity afterward, committed by him, but all parties aggrieved by such defect or irregularity may may recover satisfaction for the special damage in an action. XII. COMMITMENT-DISCHARGE. c. 36. 7 WM.IV. Relative to malicious injuries to property. 7 WILL. IV. c. 40. Island Acts. 1837. shall trans of quarter all convic by them. 7 Will. IV. c. 36, sec. 36; 7 Will. IV. c. 40, sec. 69.] Every justice of the peace before whom any person shall be convicted Justices of any offence against this act, shall transmit the conviction to mit to court the next court of [c. 40, general or] quarter sessions, which shall sessions a be holden for the parish or precinct wherein the offence shall statement of have been committed, there to be kept by the proper officer tions made among the records of the court; and upon any indictment or information against any person for a subsequent offence a copy of such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown. Island Act. 6 VIC. c. 52.] To reduce the number of prisons, and to extend VI. c. 52. the power of the magistrates in this island. ISLD. [1842.] 1842. sessions, mit to es 6 Vic. c. 52, sec. 10.] Whereas, under various laws of this Quarter island, authority is given to the courts of quarter sessions, petty &c., to comsessions, and justices of the peace, upon conviction of offenders, to commit such offender or offenders to the house of correction or to the common gaol of the parish or precinct; Be it enacted, That in every such case it shall be lawful for the courts of quarter sessions, petty sessions, and justices of the peace, and they are hereby authorized to sentence and to commit such offender or offenders to the nearest gaol, whether in the parish or not, anything in any act of this island to the contrary notwithstanding. 6 VIC. c. 59.] For regulating the police of Port Royal. ISLD. [1842.] 6 Vic. c. 59, sec. 53.] The justices of the peace of the said parish of Port Royal shall and may, and they are hereby authorised and empowered, in all cases of summary conviction under this act, where the party or parties being a male or males shall be liable to imprisonment, to commit the offender 6 Vic. c. 59 Island Act. 1842. Island Act. 6 Vic. c. 59. offenders to the house of correction or penitentiary at Kington for the period or periods for which he or they shall be so sentenced, or liable to imprisonment, or being a female or females to the house of correction for the parish of Saint Andrew. 1842. 8 & 9 VIC c. 87. British stat. 8 and 9 VIC. c. 87.] For the prevention of smuggling. BRIT. [August 4, 1845.] 1815. FORM OF WARRANT OF COMMITMENT TO GAOL FOR A County of To A. B. officer of customs, and to the gaoler or in the Whereas C. D. has this peace in and for at day been duly convicted before us, two of her majesty's justices of the upon the information of A. B. an officer of customs, who was directed by the commissioners of her majesty's customs to prefer the same, for that within six months now last past, to wit, on the in the year of our Lord day of [here state the offence as in the information]: And whereas we the said justices did adjudge that the said C. D. had forfeited for his said offence the sum of of pounds, which said sum pounds has not been paid; These are therefore to require you the said A. B. forthwith to take, carry, and convey the said C. D. to the in the at and to deliver him into the custody of the gaoler or keeper of the said and we the said justices do hereby authorize and require you the said gaoler or keeper of the said gaol to receive and take the said C. D. into your custody, and him safely to keep until he shall duly pay the said sum of pounds Given under our hands and seals at in the year of our Lord. this FORM OF WARRANT OF COMMITMENT FOR A PENALTY OF HARD LABOUR. To A. B. officer of customs, and to the gaoler or keeper of the this day been duly convicted before two of her majesty's justices of the upon the information of A. B. an officer of customs, who was directed by the commissioners of her majesty's customs to prefer the same, for that within 8&9 Vic. six months now last past, to wit, on the in the year of our Lord said offence c. 87. day of British stat. [here state 1845. the offence as in the information]: And whereas we the said justices did adjudge that the C. D. should for his be imprisoned in the house of correction at and be there kept to hard labour for the term of months; These are therefore to require you the said A. B. forthwith to take, carry, and convey the said C. D. to the house of correction at and deliver him into the custody of the gaoler or keeper of the said house of correction; and we the said justices do hereby authorize and require you the said gaoler or keeper of the said house of correction to receive and take the said C. D. into your custody, and to keep the said C. D. for the said term of calendar months to hard labour. in the Given under our hands and seals at day of this in the year of our Lord Island Act. 13 VIC. c. 35.] To facilitate the duties of justices of the peace 13 Vic. c. 35. relative to summary convictions. ISLD. [February 1, 1850.] 1850. of distress, may commit ant to 13 Vic. c. 35, sec. 21.] If, at the time and place appointed for In default of the return of any such warrant of distress, the constable who sufficiency shall have had the execution of the same shall return (N. 4) the justice that he could find no goods or chattels, or no sufficient goods or the defendchattels, whereon he could levy the sum or sums therein men- prison. tioned, together with the costs of or occasioned by the levying of the same, it shall be lawful for the justice of the peace, before whom the same shall be returned, to issue his warrant of commitment (N. 5) under his hand, directed to the same or any other constable, reciting the conviction or order shortly, the issuing of the warrant of distress, and the return thereto, and requiring such constable to convey such defendant to the common gaol, or other prison, or place of security of the parish for which such justice shall then be acting, and there to deliver him to the keeper thereof, and requiring such keeper to receive the defendant into such common gaol, or other prison, or place of security, and there to imprison him, or to imprison him and keep him to hard labour in such manner and for such time as shall have been directed and appointed by the act on which the conviction or order mentioned in such warrant of distress was founded, unless the sum or sums adjudged to be paid, and all costs and charges of the distress, and also the costs and charges of the commitment (the amount thereof being ascertained and stated in such commitment), shall be sooner paid. |