c. 13. 41 GEO. III. the laws of England and of this island in such case made and Island Act. provided and under the same pains and penalties, as any coroner heretofore elected for any precinct in this island: any law, custom, or usage to the contrary notwithstanding. 1801. As also in any future vacancies those pa rishes. 3. The governor, lieutenant-governor, or commander-in-chief of this island, for the time being, shall have power and authority, occurring in whenever, and as often as any vacancy of the office of coroner, of either of the parishes aforesaid shall happen, to cause a writ to be issued fo rthe election of another coroner of such parish in the same manner and form as hath usually been practised, upon the vacancy of the office of coroner heretofore, in any precinct of this island. Writs to be elect a coro Royal who must 4. And whereas the town of Port Royal is situated at a great issued to distance from the interior of the said parish known by the name ner for Port of the Port Royal Mountains, and thereby subject to the inconMountains, veniences aforesaid: Be it further enacted, That it shall and may be lawful for the governor, lieutenant-governor, or commanderin-chief for the time being, to cause a writ to be issued for the election, by the freeholders of the said parish of Port Royal, of another coroner; whose residence shall be in the said interior reside there. part of the said parish of Port Royal; and likewise, in future, New writs when any vacancy happens by the death or departure from this on vacancies island, of either of the said coroners for the parish of Port Royal happening aforesaid, it may be lawful to issue a new writ for the election of or interior. another coroner, in the room of the one so dying or departing from this island, so that there be always a coroner resident in the said town of Port Royal, and a coroner resident in the interior part of the said parish of Port Royal. to be issued town Fee on in 5. Nothing herein contained shall be construed to increase the quisitions fee of £3, heretofore allowed for inquisitions to the coroner of the parish of Kingston for persons who die in the gaol, hospital, or workhouse thereof. in gaols, &c. to be £3. 125 IX. COURTS OF APPEAL FROM LOCAL MAGISTRACY. Island Act 3 VIC. c. 65.] To make provision for the improvement of the 3 Vic. c. 65. administration of justice in this island. ISLD. [April 11, 1840.] 1840. appeal to be Quarter Sessions mon Pleas, mining appeal. 3 Vic. c. 65, sec. 36.] Whereas it is proper, that any person Courts of or persons considering himself or themselves aggrieved by any held out of judgment, order, determination, or conviction, of any justice or Quin justices of the peace, acting under any law in force in this island, and Comgiving summary jurisdiction to such justice or justices, should for hearing have the means of appealing from such judgment, order, deter- and determination, or conviction: Be it enacted, That the persons to be matters of appointed [chairmen of sessions] under this act shall, and they hereby are required and directed, from time to time, and at such times as they shall not be employed in presiding at and holding the courts of quarter sessions and common pleas, to hold courts for the hearing and determining of all matters of appeal to be made to him or them from the courts of petty sessions and sum. mary jurisdiction of any justice or justices of the peace within his or their respective districts. party. 39. Whenever any person or persons aggrieved by any judg- Remedy of ment, order, determination, or conviction, of any justice or grieved justices of the peace, acting under any law in force in this island, giving to such justice or justices summary jurisdiction in the premises, shall give to such justice or justices notice in writing of his intention to appeal from such judgment, order, determination, or conviction, and shall enter into recognizance with one surety in any sum not exceeding £10, to prosecute such appeal, and obey the orders of the appellate judge to be made in the matter, the said justice or justices shall, within ten days after service of such notice of appeal and recognizance entered into, certify the proceedings in such matter, appealed from to the court of appeal within his jurisdiction, formed as herein provided. (a) (a) Sec. 39, as to recognizance, &c., seems partly superseded by 10 Vic. c. 37. (Post.) 3 VIC. c. 65. 40. The judge or judges of the said courts of appeal shall Island Act, affirm or reverse the judgment, order, determination, or convic1840. tion, of the justice or justices, in all matters submitted to his or their judgment, and shall make such orders therein, and shall appeal may issue such process or proceedings for enforcing his or their judgverse judgment or order, as may be necessary, or as the justice of the case ment, &c. may require. Judges of affirm or re Costs in case appeal 41. Such judge of the said court of appeal shall, and he is is affirmed. hereby authorized, to give costs in all cases of appeal to the party in whose favour the judgment of the said court shall be made, when and as often as he may think right so to do. Provided always, That in no case shall the costs exceed the sum of £5, current money of this island. Proviso. In case of non-pay ment, war issued. 42. In default of payment of such costs it shall and may be lawful for such judge of the court of appeal to issue his warrant, rant to be directed to the chief and other constables of the parish or precinct in which the party shall reside against whom such costs shall be awarded, directing such constables to levy the amount of such costs on any goods and chattels belonging to the party liable to the payment of the same. Proceed ings not to 43. No certiorari shall issue out of and from the supreme be removed court of this island, to remove any proceedings from such court of appeal, until after the decision of such court shall have been pronounced, and that only in matters of law. until deci sion pronounced. 10 VIC c. 37. 10 VIC. c. 37.] To amend the thirty-ninth section of the act Island Act. 3 Vic. c. 65, and to repeal the fourteenth section of the act 4 Vic. 1847. Preamble. c. 11. ISLD. [April 3, 1847.] 10 Vic. c. 37, sec. 1.] Whereas doubts have been entertained as to the right of appeal, given under and by virtue of the 39th section of the act of this island, for remedy whereof, Be it Whenever enacted, That from and after the passing of this act, whenever parties give any person or persons aggrieved by any judgment, order, deterappeal, jus- mination, or conviction, of any justice or justices of the peace, tify proceed acting under any law, either now or hereafter to be in force in of appeal. this island, giving to such justice or justices summary jurisdic notice of tice to cer ings to court tion in the premises, shall give to such justice or justices notice in writing of his, her, or their, intention to appeal from such judgment, order, determination, or conviction, and shall enter into recognizances with one surety in any sum not exceeding £10, to prosecute such appeal, and obey the orders of the appellate judge to be made in the matter, the said justice or justices Island Act. shall, within ten days after service of such notice of appeal and 10 Vic. c. 37. recognizance entered into, certify the proceedings in such matter appealed from, to the court of appeal within his jurisdiction, formed as herein provided. 1847. 2. Such appeal shall be heard and determined in manner here- Which shall inafter mentioned and provided. 3. The several clerks of the peace throughout the island shall, under the penalty of £20 for each neglect, to be recovered in a summary manner before two justices of the peace, supply to any party applying for the same (being a party affected or his lawfully appointed agent), a certified copy of the evidence taken, and conviction grounded thereon, in any case of summary adjudication. Provided always, That the legal fees of the clerk of the peace be paid to him. (a) be heard as hereinafter provided. Clerks of supply cerevidence. peace must tified copies bringing limited within after judg 5. And whereas it is expedient, that the time within which appeals from the decisions and judgments of magistrates recovering summary jurisdiction should be limited: Be it enacted, That Periods for from and after the passing of this act all appeals to the chairmen appeal of quarter sessions, sitting as judges of the appeal courts, from Wited to the judgments, orders, determinations, or convictions, of magis- one month trates, shall be brought, within one lunar month after the ment given. judgment, order, determination, or conviction, so given or made, and not after, and shall be heard and determined at the court of appeal, to be held next after the expiration of such time, and in the calculation of such time, the said lunar month or four weeks shall be exclusive of the days of the judgment, order, determina- Proviso. tion, or conviction, and the day of holding the said court: Pro- to comvided always, The said time shall not commence running until thence until the copy of the conviction, order, judgment, or determination, conviction, appealed against shall have been drawn up, and be ready for drawn up delivery to the party appealing on application. Period not the copy of &c., is and ready for delivery. there not tween the and next appeal, the 6. If there shall not be four weeks between the time of the In case of judgment, order, determination, or conviction, appealed against being four and the next court of appeal, the appeal shall be heard at the weeks be following court of appeal, but no such appeal as last-mentioned judgment shall be heard unless the proper notices of appeal shall have court of been given as hereinafter mentioned, nor unless the recognizance time then required by 3 Vic. c. 65, sec. 39, shall be entered into within fixed for four weeks next after the judgment, order, determination, or conviction appealed from: Provided, That nothing herein con- Proviso. tained shall oblige the judges of the said court of appeal to hear such appeal at an earlier period than is now fixed by law and practice. hearing. Appeals cannot be heard sooner (a) Sec. 4 repeals the 38th section of 3 Vic. c. 65. 10 VIC. c. 37. Island Act. 1847. Information as to appeals to be judge to ignorant 7. And whereas it is expedient to afford to illiterate persons and persons not able to obtain professional assistance, every facility of exercising the right of appeal given them under this act: Be it enacted, That it shall be obligatory on the senior or presiding justice to inform all persons, at the time of the given by the conviction, order, judgment, or determination, of their right to appeal, and of the necessary notices to be given and served, and and also of the recognizance required whenever there shall be a difference of opinion on the bench, whether of law or fact, or a majority of the justices present consider it a fit case for rehearing, or for taking the opinion of the chairman, or the case shall involve the construction of an act of the legislature of this island, or an act of the imperial parliament of Great Britain and Ireland, having force in this island. persons. Verbal notice of be given. 8. It shall be lawful for parties to give a verbal notice of appeal may appeal at the time of the conviction, order, judgment, or determination; and thereupon the magistrates' clerk shall make a minute thereof, which shall operate as a notice of appeal to the justices, and also to the respondent, if present in person, or by attorney; but no such appeal shall be heard, unless the recognizance required in other cases shall be entered into. Written notices of 9. It shall not be necessary to state in any written notice of appeal, how appeal that the party or parties is or are aggrieved by the to be signed. judgment, order, determination, or conviction, appealed against; and any notice of appeal shall be sufficient, if signed by or on behalf of the appellant party, either at the head, foot, or in the body of such notice, either by name or mark, or in the name of the solicitor or attorney for such party. Appellant to state his 10. The statement of the grounds of appeal shall not be a grounds of condition of appeal, but the court of appeal shall require, if court may necessary, the appellant, in open court, to state his grounds of adjourn the appeal, and shall have power, if the respondent has been taken appeal, and hearing. Proviso. Notice of appeal required by surprise, and cannot, in the judgment of the court, be prepared to meet such appeal, to adjourn the hearing of such appeal to some future day, to be named by the court: Provided always, If such grounds of appeal raise mere maters of law or of fact, which have been already matters of discussion before the magistrates, the court of appeal shall not postpone the hearing of the appeal. 11. No such appeal shall be heard, unless a copy of the notices of appeal, or of the minute of appeal made by the magistrates' clerk, in case of verbal notice of appeal hereinbefore mentioned, when the respondent shall not be in court at the time, shall be served upon the respondent within ten days at least before such appeal shall be finally heard, except in case of the death of such respondent, when it shall be served upon his |