& 1 WM. IV. c. 20. British stat. 1830. whatever, to execute the office and duty of a justice and justices 11 GEO. IV. of the peace in causing any person charged with any of the offences mentioned in this act, to be apprehended, committed, and effectually prosecuted for the same; and all constables, headboroughs, keepers of gaols, and persons, and all other officers whatever, shall, and they are hereby respectively required from time to time, diligently to execute and obey all such warrants as shall be made, directed, or given to them, by any one or more of the parties aforesaid, touching any of the matters and things hereinbefore contained; and all the laws made or to be made for the ease, safety, and protection of justices of the peace in the execution of their office, shall extend to the treasurer and commissioners of his majesty's navy respectively, acting in the execution of this act, and to all constables and headboroughs, or other peace officers, or persons acting under the warrant or authority of the said treasurer or commissioners, or any of them as fully and effectually to all intents and purposes as if the same were herein and hereby repealed and re-enacted. c. 38. 5 WILL. IV. c. 38.] To constitute certain persons a corporation 5 W. IV. for supplying the town of Saint Jago-de-la-Vega with water. ISLD. [20th December, 1834.] Island Act. 1834. not exceed be recovered the peace. 5 Wm. IV. c. 38, sec. 30.] In all cases of damage done to the Damages aqueducts, canals, trenches, pipes, or gutters, or to any other ing £20 may matter or thing contrary to this act, where the said corporation before a shall not seek for damages exceeding £20, the same shall and justice of may be recoverable before any justice of the peace, not being a member of the said corporation, and such justice of the peace, upon complaint made to him on oath of any such damage, is hereby authorized and required to issue a warrant under his hand and seal, directed to all or any of the constables of the parish, to empanel and return at such time and place as shall be therein inserted (the time to be within ten days from the time of the application made) twelve good and lawful men, of whom any three upon their oaths (which such justice is hereby authorized and empowered to administer) shall try the complaint, and inquire of, and assess such damages, and give their verdict thereof under their hands to such justice; and such justice, upon such application as aforesaid, is also hereby authorized and required to issue another warrant under his hand and seal, directed in like manner, requiring the person or persons complained of to be taken and brought before such justice, at the same time and place as shall be inserted in the warrant for empanelling and returning the said inquest; and such justice shall, upon receiving such verdict as aforesaid, commit the party or parties so convicted, until he or they shall have paid to the 5 WM. IV. said corporation the damages so assessed together with such Island Act. Costs as such justice shall think proper to award in the premises. c. 38. 1834. 6 WM. IV c. 32. 6 WM. IV. c. 32.] For the more effectual protection of persons Island Acts. and property. (a) 1836. ISLD. [15th June, 1836.] 6 Wm. IV. c. 32, sec. 1.] Whereas it is necessary to make more effectual provision for the protection of persons and property, and the preservation of public roads, and to give more facility in travelling thereon, as well as better security in inns, taverns, lodging houses, and private dwellings, and other places, and to prevent accidents, mischiefs, disturbances, and breaches of the peace, on public roads, streets, lanes, harbours, and other places: Be it therefore enacted, That where any person shall committing unlawfully use violence to cause a breach of the peace, or put in bodily fear, or shall beat, kick, bruise, or assault any other person in this island or in any of its harbours, or in any vessel, boat, or manner by canoe, coasting from place to place within the said island, or if any two justices, seaman or person articled to any ship or vessel, or any person conviction hired to work on board any ship or vessel in any harbour in this prisoned. island, shall desert or absent himself without leave, or shall Persons breaches of the peace, &c., to be tried in a summary and upon fined or im behave disorderly, or refuse to work in compliance with any written or verbal agreement, it shall be lawful for two justices of the peace, upon complaint being made to them, to hear and determine any such offence in a summary manner, and the offenders, upon conviction thereof, shall forfeit and pay a fine not exceeding £5, to the use of the parish in which the offence shall have been heard and determined, or be committed to the nearest gaol or house of correction for a space of time not exceeding thirty days, as to the justices shall seem proper. 7 WM. IV. c. 41. 7 WM. IV. c. 41.] (b) For consolidating and amending the laws Island Act. in this island relative to offences against the person. 1837. ISLD. [4th March, 1837.] 7 Wm. IV. c. 41, sec. 23.] Where any person shall unlawfully assault or beat any other person, or shall commit any other misdemeanour, it shall be lawful for two justices of the peace, upon complaint of the party aggrieved, to hear and determine such offence; and the offender, upon the conviction thereof before them, shall forfeit and pay such fine as shall appear to them to be meet, not exceeding, together with the costs (if ordered), the sum of £5, which fine shall be paid to the churchwarden or treasurer of the parish, city, or precinct in which the (a) See ASSAULTS, &c. Post. (b) See CRIMES and OFFENCES. (Seriatim post.) offence shall have been committed, for the use of such city, parish, or precinct; and the evidence of any inhabitant of the parish, city, or precinct shall be admitted in proof of the offence notwithstanding such application of the fine incurred thereby, and if such fine as shall be awarded by the said justices, together with the costs (if ordered), shall not be paid either. Two justices weekly or For the purposes of carrying into effect the summary power given by this act, Be it enacted, That it shall and may be lawful for two justices of the peace, and they are hereby required to associate to associate themselves together in petit sessions, in some con- oftener for venient place, once in every week, or oftener if necessary to minor hear and determine all such offences, where, on conviction of offences. the offender, the fine imposed does not exceed £5, or the term of imprisonment does not exceed thirty days. (a) 7 Wм. IV. and 1 VIC. c. 36.] tive to offences against the post office For consolidating the laws rela- the trial of & 1 VIC. c. 36. British stat. 1837. and mode of before jus act. 7 Wm. IV. and 1 Vic. c. 36, sec. 13.] Any justice of the peace having jurisdiction where the offence shall be committed, may 7WM. IV. hear and determine any offence against the post office acts, which may subject the offender to a pecuniary penalty not exceeding £20; and any such justice shall, upon information given or complaint made before him, summon the parties Jurisdiction accused, and also the witnesses on either side, to be and appear proceeding before him, or before any other justice of the peace, at a time tices under and place to be appointed for that purpose; and either on the post office appearance of the party accused, or in default thereof, the justice present at the time and place appointed for such appearance may proceed to examine into the matter of fact, and upon due proof made thereof by voluntary confession of the party, or by oath of one witness or more, may give judgment for the plaintiff or complainant, or for the defendant; and, if for the plaintiff or complainant, such justice may award and issue out his warrant for the levying of the penalty so adjudged, together with the costs and expenses of such proceeding, and also the costs and expenses of such warrant and of levying the same on the goods of the offender, and may cause sale to be made of such goods in case they shall not be redeemed within five days, rendering to the party the overplus (if any); and where goods of such offender cannot be found sufficient to answer the penalty, and all such costs and expenses, the justice shall commit the offender to the common gaol or house of correction, there to remain for any time not less than three calendar months, and not exceeding six calendar months, if the full penalty imposed (a) See ASSAULTS. (Post.) & 1 VIC. 1837. Appeal. 7 WM. IV. by the post office acts for the offence of which such offender c. 36. shall have been convicted, shall amount to the sum of £20; and British stat. for any time not exceeding three calendar months, if such penalty shall not amount to £20, unless such penalty and all such costs and expenses shall be sooner paid: and if the person convicted shall find himself aggrieved by the judgment of any such justice, he may appeal against the same to the justices of the peace at the general or quarter sessions of the peace for the county or place within which the offence shall be committed, which shall be held next after the expiration of ten days from the day on which such conviction shall have been made, of which appeal notice in writing shall be given to the prosecutor or informer seven clear days previous to the first day of such sessions; and such justices, at such sessions, may examine witnesses upon oath, and finally hear and determine such appeal; and, in case the judgment of the justice shall be affirmed, the justices, at such sessions, may award and order the person appealing to pay such costs, occasioned by such appeal, as to them shall seem meet: Provided always, that no person convicted before a justice shall be permitted to appeal against such conviction, unless within five days next after such conviction made he shall enter into a recognizance, with two sufficient sureties, before such justice, to enter and prosecute such appeal, and to pay the amount of the penalty and costs in which he shall have been convicted, and also to pay such further costs as shall be awarded in case such conviction shall be affirmed on the hearing of such appeal: Provided also, That no such proceedings, so to be had or taken, shall be quashed or vacated for want of form, or for any error or mistake which, in the judgment of the court, has not a tendency to mislead the defendant; or shall be removed by certiorari, suspension, advocation, or reduction, or by any other writ or process, into any superior or other court or jurisdiction; any law or usage to the contrary notwithstanding. (a) Proviso. Justices shall receive share of penalties, and pay same to peace, to be remitted to post office. 16. Every justice of the peace, before whom a person shall the crown's be convicted of an offence against the post office acts, shall take the penalty, or share of the penalty belonging to her majesty, levied or paid under such conviction, and shall pay, or cause to clerk of the be paid, all such sums of money which he shall so take at the next general or quarter sessions of the peace, after he shall have so taken the same, into the hands of the clerk of the peace, town clerk, or other such officer of the county or place within which such conviction shall have been made, who shall, within fourteen days after his receipt thereof, and without fee or reward, pay or remit the same, for the use of her majesty, to the solicitor of the post office, at the post office in London, Edinburgh, or Dublin, as the conviction shall happen to be in England, Scotland, or Ireland, respectively; and every such (a) Secs. 14, 15. See PENALTIES-FORFEITURES. (Post.) & 1 VIC. c. 35. British stat. 1837. Penalty for justice shall, within one week after every such payment made by 7 WM. IV. him to a clerk of the peace, town clerk, or other such officer, transmit to such solicitor a schedule containing the name of the person so convicted, the nature of the offence, and the amount of the penalty in which he shall have been convicted, the date of such conviction, and the sum of money which shall have been paid by virtue thereof, together with the name of the clerk of the peace, town clerk, or other such officer to whom he shall have paid the same; and every justice who shall omit to pay, or cause to be paid, to such clerk of the peace, or other officer, as omission. aforesaid, at the time and in the manner hereinbefore directed, any such penalty, or share of penalty, received by him, or, upon payment thereof, shall omit to transmit to the proper solicitor of the post office such schedule, and every clerk of the peace, town clerk, or other officer who shall omit to pay, or remit, the penalty, or share of penalty, to such solicitor of the post office within the time, and in the manner herein before directed in that behalf, shall forfeit £50. 1 VIC. c. 38.] An act for the registration of porters and car-1 Vic. c. 38. riers. ISLD. [24 March, 1838.] Island Act. 1838. of justices 1 Vic. c. 38, sec. 11.] If any person shall offend against this Jurisdiction act, it shall be lawful for the sitting magistrates of Kingston, or under this any two justices in the other parishes, to inflict such punishment act. upon the offender as they, in their discretion, shall think fit, by fine not exceeding £5, to be levied by distress and sale of the offender's goods, and, in default of payment, by committal to the common gaol or house of correction of the parish, with or without hard labour, for any period not exceeding fourteen days. 4 VIC. c. 26.] For the better regulation of gaols and prisons in 4 Vic. c. 26. this island. Island Act. ISLD. [19th December, 1840.] 1840. justices to nated. duties. 4 Vic. c. 26, sec. 6.] The justices of the several parishes in Visiting quarter or special sessions assembled shall and they are hereby be nomirequired to nominate two or more justices who shall consent thereto, to be visitors of each gaol, house of correction, or other Their prison within their jurisdiction, or to arrange if they shall see fit among themselves to do such duties in turn; and one or more of the visiting justices so appointed, or having consented to do such duty, shall personally visit and inspect each prison and house of correction or other prison, once every day, if it shall be practicable and expedient, and shall examine into the state G |