c. 96. 12 & 13 Vic. tried, heard, and determined, and adjudged, in any place at sea, British stat. Or upon the land in any of His Majesty's islands, plantations, 1849. colonies, dominions, forts, or factories, to be appointed for 46 Geo. III. c. 54. that purpose by the King's Commission, in the manner therein directed, and according to the civil law and the method and rules of the Admiralty. And whereas, by the act 46 George III. cap. 54 (ante), it is enacted, that all treasons, piracies, felonies, robberies, murders, conspiracies, and other offences of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place where the admiral or admirals have power, authority, or jurisdiction, may be enquired of, tried, heard, determined, and adjudged, according to the common course of the laws of this realm used for offences committed upon the land within this realm, and not otherwise, in any of His Majesty's islands, plantations, colonies, dominions, forts, or factories, under and by virtue of the King's Commission or Commissions under the great seal of Great Britain to be directed to Commissioners in the manner and with the powers and authorities therein provided. And whereas it is expedient to make further and better provision for the apprehension, custody, and trial in Her Majesty's islands, plantations, colonies, dominions, forts, and factories, of persons charged with the commission of such offences on the sea, or in any such haven, river, creek, or place as aforesaid. Be it therefore enacted, that if any person within any colony shall be charged with the commission of any treason, piracy, felony, robbery, murder, conspiracy, or the sea, may other offence, of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place where the ner as if the admiral or admirals have power, authority, or jurisdiction, or if any person charged with the commission of any such offence upon the sea, or in any such haven, river, creek, or place, shall within the be brought for trial to any colony, then and in every such case jurisdiction all magistrates, justices of the peace, public prosecutors, juries, nial courts. judges, courts, public officers, and other persons in such colony Persons charged in any colony with offences on be dealt with in same man offences had been committed on waters of the colo Persons covicted of shall have and exercise the same jurisdictions and authorities for enquiring of, trying, hearing, determining, and adjudging such offences, and they are hereby respectively authorized, empowered, and required to institute and carry on all such proceedings for the bringing of such person so charged as aforesaid to trial, and for, and auxiliary to, and consequent upon the trial of any such person for any such offence wherewith he may be charged as aforesaid, as by the law of such colony would and ought to have been had and exercised or instituted and carried on by them respectively, if such offence had been committed, and such person had been charged with having committed the same, upon any waters situate within the limits of any such colony and within the limits of the local jurisdiction of the courts of criminal justice of such colony. 2. Provided always, that if any person shall be convicted c. 96. 1849. before any such court of any such offence, such person so con- 12 & 13 Vic. victed shall be subject and liable to and shall suffer all such and British stat. the same pains, penalties, and forfeitures, as by any law or laws now in force persons convicted of the same respectively would such of be subject and liable to in case such offence had been committed, fences shall and were enquired of, tried, heard, determined, and adjudged in like punishin England, any law, statute, or usage, to the contrary notwith- conviction standing. ments as on of like offences in England. • where the the colony or upon the sea. 3. Where any person shall die in any colony, of any stroke, Provision poisoning, or hurt, such person having been feloniously stricken, for the trial poisoned, or hurt, upon the sea, or in any haven, river, creek, or of murder place where the admiral or admirals have power, authority, or slaughter jurisdiction, or at any place out of such colony, every offence death only committed in respect of any such case, whether the same shall happens in amount to the offence of murder or of manslaughter, or of being accessary before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, enquired of, tried, determined, and punished in such colony in the same manner in all respects as if such offence had been wholly committed in that colony; and if any person in any colony shall be charged with any such offence as aforesaid in respect of the death of any person who having been feloniously stricken, poisoned, or otherwise hurt, shall have died of such stroke, poisoning, or hurt, upon the sea, or in any haven, river, creek, or place where the admiral or admirals have power, authority, or jurisdiction, such offence shall be held for the purpose of this act to have been wholly committed upon the sea. of the court of New Provided also, That nothing in this act contained shall in Jurisdiction any way affect or abridge the jurisdiction of the supreme supreme courts of New South Wales and Van Diemans Land as South Wales established by an act of the imperial parliament 9, George IV. Deman c. 38, intituled, An act to provide for the administration of justice Land prein New South Wales and Van Diemans Land, and for the more effectual government thereof, and for other purposes relating thereto. mean any or served. tion of terms. 5. For the purposes of this act the word "colony" shall Interpretaany island, plantation, colony, dominion, fort, factory of Her Majesty, except any island within the United Kingdom, and the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent thereto respectively, and except also all such parts and places as are under the government of the East India Company: and the word "governor" shall mean the officer for the time being administering the government of any colony. 29 V. COURTS OF QUARTER SESSIONS.' 37 HENRY VIII. c. 1.] A bill for custos rotulorum and the 37 HEN. clerkship of the peace. ENGL. [1545.] 37 Henry III. c. 1, sec. 1.] Where before this time the lord chancellor of England for the time being hath by reason of his office of chancellorship, the nomination and appointment of the custos rotulorum within all and every shire of this realm of England and Wales and other the king's dominions, marches, The courts of general or quarter sessions of the peace in Jamaica are of ancient origin, established in the year 1681 on the model of the courts of quarter sessions in England, and continued to the present day, for the trial of felonies and other matters which justices of the peace by virtue of their commission or otherwise may lawfully hear and determine. These courts are held by two or more justices of the peace (of whom one is generally a stipendiary judge, called chairman of quarter sessions, or in his absence the custos rotulorum) in every parish (save the parishes of St. Dorothy and of St. John, which are comprised in the parish or precinct of St. Catherine) once every quarter of a year. Except where qualified by local enactment, their constitution is analogous to that of courts of quarter sessions in England, and the English rules of practice and proceeding are acted upon. These courts are courts of record. The chief officers are the chairman and the custos rotulorum of each parish. And under the custos his immediate deputy, the clerk of the peace of each parish, who is appointed by him. This office of clerk is a freehold office under the statutes 37 Henry VIII., c. 1, and 1 Will. III., c. 21, quamdiu se bene gesserit. Although authority is given to the justices by their commission "to hear and determine," the court is not in strictness a court of oyer and terminer ; and an authority given by statute to a court of oyer and terminer expressly and by name would not extend to the quarter sessions. The jurisdiction of these courts is defined by stat. 34 Edw. III., c. 1, for and in pursuance of the statute, the commission after assigning the persons to whom it is directed, to be her majesty's justices to keep the peace in the parish or precinct, proceeds to define the offences over which the jurisdiction extends. With the exception of perjury at common law, and forgery, and some offences recently exampled by statute, these courts have concurrent jurisdiction, with the courts of assize in all criminal cases not extending to life. Their powers have more recently been defined in England by the proposed act, 5 and 6 Vic., c. 38 (presumed in force in this island), and by local act 6 Vic., c. 14. (Post.) These courts are assisted by a grand and a petty jury. They relieve the courts of assize from numerous trials for misdemeanours. The indictments are prepared by the clerk of the peace, and prosecutions are conducted by him. Counsel occasionally attend, attorneysat-law frequently, for many instances the parties act for themselves The punishments which can be inflicted by these courts are fine and imprisonment. Sentences are carried into execution by the provost-marshal and his deputy. It is understood that the proceedings of these courts are subject to revision by. the supreme court by writ of certiorari. Vide JUSTICES OF THE PEACE. (Post.) VIII. c. 1. Engl. stat. 1545. VIII. c. 1. 1545. 37 HEN. and territories of the same, and that in like manner all and Engl. stat. every person which hath had and enjoyed the said office of custos rotulorum, hath had until now of late, the nomination and appointment of the clerk of the peace within such shires where he or they had and enjoyed the said office of the custos rotulorum. And where, now of late divers and sundry persons within this realm, being not learned nor yet meet nor able for lack of knowledge and learning to occupy and exercise the said office of custos rotulorum, and of the clerkship of the peace, have of late years by labour, friendship and means, attained and gotten for term of their lives, of the king's majesty, several grants by his highness's letters patent to them made of the said clerkships of the peace; by reason whereof and for that the parties to whom the said several grants have been so made and granted have not been sufficiently learned to exercise and occupy the same office and offices, many and sundry indictments. as well of felony, murder, and other offences and misdemeanours, and the process awarded upon the same indictments have not only been by reason thereof made clearly frustrate and void sometime by reason of the negligent ingrossing and keeping of the said indictments, and sometime by reason of the embezzelling or razure of the same indictments, but also divers and sundry bargains and sales of divers and sundry manors, lands, and tenements, had and made between party and party, have been made frustrate and void for lack of sufficient enrollment of the same bargains and sales to be had and made by the clerks of the peace to the great hindrance of justices and to the disinheritance of divers of the king's most loving subjects. A custos rotulorum shall be appointed in every county by writ under the king's hand. 2. For reformation whereof, and to the intent that justice may be the better hereafter preferred and that the same office may hereafter be occupied and exercised by such persons learned in the law of this realm as shall be able to exercise and apply the same, Be it enacted, that no person or persons shall from henceforth be nominated and appointed to the said office and offices of the custos rotulorum within any shire of this realm of England, Wales, and other the king's dominions, marches, or territories of the same; but such as shall have a bill signed with the king's hand for the same, which bill signed shall be a sufficient warrant by the authority above said, to the said lord chancellor of England, and the lord keeper of the great seal for the time being to make from time to time commission or commissions, assigning and authorizing thereby the same person to the custos rotulorum until the king hath by another bill assigned with his own hand, appointed, and ordained one other person to have, occupy, and exercise the same office of the custos rotulorum, and that the said person appointed and assigned to be custos rotulorum as is above said shall and may occupy, exercise, and enjoy the same office of the custos rotulorum, by himself or by his sufficient deputy learned in the laws |