of this realm, and meet and able to supply the said office according to the terms of the said grant or commission.' 37 HEN. VIII. c. 1. Eugl stat. 154. c. 1. Engl. etat. 4 EDW. VI. c. 1.] An act that the Lord Chancellor or Lord 4 EDw. VI Keeper for the time being shall name and appoint the custos rotulorum throughout all the shires of England according or in time past hath been accustomed. ENGL. [1548.] 1548. rotulorum assigned by chancellor, 4 Edw. VI. c. 1, sec. 2.] Since the making of which statute 37 The custos Henry VIII. c. 1 [ante], divers and many persons being in the may be said offices of custos rotulorum in divers shires of the realm, the lord have departed this present life and died, so that there hath not shot by come to the hands of the chancellor of England or lord keeper the king." of the great seal, any bill or bills assigned with the king's majesty's hand, for the naming, appointing or assigning of any new custos rotulorum, in the same shires, the said offices have remained void for a long time to the great let of justice, and also for that it shall be very tedious, and much to the molesting of the king's majesty upon every avoidance of such custos rotulorum by death or otherwise to move his majesty for the signing of bills for other persons to be elected, named, chosen, and appointed to supply the said office of custos rotulorum being void; and for that the nomination and appointing of the said office of custus rotulorum long time before the making of the void statute last before rehearsed, did appertain and belong to the office of the chancellor of England or lord keeper of the great seal for the time being. chancellor, appoint the lorum in 3. The chancellor of England or lord keeper of the great The lord seal for the time being, shall at all time and times hereafter and &c., shall from time to time, without any bill or bills, to be assigned with custos rotuthe king's hand, name, elect, assign, and appoint such person every shire. and persons to be custos rotulorum within every shire of this realm of England, Wales, and other the king's dominions, marches, and territories of the same or by any of them as by the discretion of the said lord chancellor or lord keeper of the great seal for the time being shall be thought able and meet to exercise the same. And the said person and persons so to be appointed and elected, named or assigned by the said lord chancellor or lord keeper of the great seal for the time being shall and may occupy, exercise and enjoy the same office of custos rotulorum by himself or by his sufficient deputy or deputies in as ample and large manner and form as if the said act had never been had nor made; the before rehearsed act, or any thing therein contained to the contrary hereof in anywise notwithstanding. exercise his 4. Provided always, that all such as now have any of the Custos may offices of custos rotulorum, by the king's letters patent 1 Vide CLERKS OF PEACE. (Post.) or office by himself or his deputy. c. 1. 1548. 4 EDW. VI. commission to them or any of them made, shall and may enjoy, Engl. stat. have, and exercise their said offices by virtue of the same letters patents or commission by himself or his sufficient and able deputy instructed in the laws of this realm any thing in this present act had or made to the contrary notwithstanding. c. 21. 1 WM. III. 1 WILL. III. An act for enabling Lords Commissioners Engl. stat. for the Great Seal to execute the office of Lord Chancellor or Lord Keeper. 1688. Custos rotu to be chosen. ENGL. [1688.] 1 Will. III. c. 21, sec. 4.] The nomination and appointing of lorum, how the custos rotulorum throughout all the shires and counties of this realm, is and shall be as is directed by the statute 37 Henry VIII. c. 1 [ante], any law, usage, or statute, to the contrary in anywise notwithstanding. 37 Hen. VIII. c. 1. 12 RICH. II. c. 10. Justices of Sessions. 12 RICH. II. c. 10.] How many justices of peace there shall Engl. stat, be in every county, and how often they shall keep their sessions. ENGL. [A. D. 1388.] 1388. tices of peace. 12 Rich. II. c. 10.] In every commission of the justices of the peace there shall be assigned but six justices with the justices of assises, and the said six justices shall keep their sessions in every quarter of the year at least, and by three days, if need be, upon pain to be punished [according to the direction of the king's council] at the suit of every man that will complain : And no steward of any lord shall be assigned in any of the said No associa commissions; and no association shall be made to the justices of tion of jus- the peace after their first commission; and it is not the intent of this statute, that the justices of one bench or of the other, nor the serjeants of the law in case that they shall be named in jeants of the the said commissions, shall be bound by force of this statute to attend the hold the said sessions four times in the year as the other comwhen they missioners, the which be continually dwelling in the country, but they shall do it when they may best attend it. The judge and ser law shall sessions, but may. stat. 1. c. 4. 2 HEN. V. 2 HEN. V. stat. 1. c. 4.] What justices of the peace must be resident in the same shire, and at what times they must hold their Engl. stat. Quarter Sessions. ENGL. [A. D. 1414.] What justices of peace and quorum must be 1 2 Hen. V. stat. 1. c. 4. s. 2.] The justices of the peace, in every shire named of the quorum shall be resident within the same shire, except lords named in the commission of the neace, resident in and also except justices of the one bench and of the other, the chief baron of the exchequer, serjeants at the law, and the king's attorneys, for the time that the same justices, chief baron, serjeants at the law, and the king's attorney, be intend the same shire. stat. 1. c. 4. Engl. stat. 1414. At what ing and occupied in the king's courts, or otherwise in some other 2 HEN. V. place occupied in the king's service; and make their sessions four times by the year, that is to say, in the first week after the feast of St. Michael, and in the first week after the Epiphany, and in the first week after the clause of Easter, and in the first week after the Translation of Saint Thomas the Martyr, and more often if need be; and the same justices shall hold their sessions throughout the realm of England, in the same weeks every year from year year from henceforth. to Jurisdictions. time justices may hold their sessions. 5 WM. and MARY, c. 3.] An act for making Kingston a 5 WM. & M. parish. ISLD. [A. D. 1693.] Engl. stat. 1693. Quarter 5 Wm. and Mary, c. 3. sec. 2.] For the case of the merchants Courts of and trading people of the said town of Kingston, there shall be sessions and erected, established and held, in the said town a quarter-session, p Common for the conservation of the peace, and a court of common pleas Kingston. with the same power and authority that is or hath been lately held or exercised at Port Royal. 4 ANN, c. 4.] For establishing courts at Kingston. ISLD. [Aug. 15, 1705.] 4 ANNE C. 4. Island Act. 1705. Quarter Ses 4 Ann, c. 4. sec. 1.] Whereas many gentlemen, merchants, and others, have lately settled, and do now reside and trade, at Kingston: And whereas the sitting of quarter-sessions, and court of common pleas, may conduce very much to the use and advantage of the inhabitants, and to the encouragement of trade there : Be it therefore enacted that, for the ease of the merchants and Courts of trading people of the town of Kingston, there shall be erected, sions and established, and held in the said town a quarter-sessions for the Common conservation of the peace, and a court of common pleas, with held at the same power and authority to all intents that is, or hath been, held or exercised at Port Royal, which said court shall be Com. Pleas held the first time on the first Wednesday in September, 1705, and months. afterwards every two months, and the sessions every three Quarter Sesmonths; the first session on the third Tuesday in August, and sions every so every three months. Pleas to be Kingston. every tico three months. 10 GEO. I. c. 8.] For settling the north-east part of this island. 10 GEO. 1. ISLD. [Nov. 12, 1723.] c. 8. Island Act. 1723. Quarter Ses held at 10 Geo. I. c. 8. sec. 5.] For the ease of the inhabitants and people of the parish of Portland, there shall be established and Court of held inthe town of Titchfield a quarter-sessions for the conservation sions to be of the peace, and a court of common pleas, with the same power Titchfield. and authority that is or hath been used, held, or exercised in any of the inferior courts in any other parish or precinct within this island; and the sessions shall be held every three months; anything in this or in any other act to the contrary notwithstanding. D 3 VIC. c. 65. Island Act. 1840. Governor may appoint men of Quarter 3 VIC. c. 65.] To make provision for the improvement of the administration of justice in the several courts of this island. ISLD. [11th April, 1840.] 3 Vic. c. 65, sec. 32.] The governor, or person exercising nine chair the functions of governor for the time being, is hereby authorized by commissions under the seal of this island, to nominate and appoint nine persons, being barristers at law of two years standing at any of the bars of the united kingdom of Great Britain and Ireland, or who shall have practised at the bar of this island for two years at least, or who shall be attorneys at law, admitted to practice, and shall have practised in the supreme court of this island for ten years at least, before their respective appointments, to be and act as chairmen of courts of quarter-sessions, and presiding judges of common pleas, in manner hereinafter provided, and from time to time to fill up vacancies occasioned by death or otherwise. Proviso. Island divided into nine districts, for purposes of this act. Oath to be taken by chairman, &c. A chairman to preside trict of the 34. The island shall, for the purposes of this act, be divided into nine districts, viz.: 1. Kingston, Port-Royal, and St. Andrew. 2. Saint Thomas in the East, and Saint David. 4. Saint Mary, and Saint Ann. 5. Trelawny, and Saint James. 6. Hanover, and Westmoreland. 7. Saint Elizabeth, and Manchester. 9. Saint Catherine, Saint Thomas in the Vale, Saint John, 33. Each and every person to be appointed as chairman of a court of quarter-sessions, and presiding judge of a court of common pleas, under the provisions of this act shall, before entering upon the duties of his office, take and subscribe the same oaths and declarations taken and subscribed by justices of the peace and judges of the common pleas, and thereupon shall have all and every the powers and authorities of a justice of the peace and judge of the court of common pleas in this island. 35. One of the several persons to be nominated under this in the courts act shall be appointed to each district, and shall, and he is of each dis hereby required to, attend and preside as chairman at each of island. the courts of quarter-sessions of the peace, and shall also be present and preside as chief judge of the court of common pleas Times and to be holden for each of the parishes within his district: ProFitting to be vided, and be it further enacted, That it shall be lawful for the regulated by governor, or person exercising the functions of governor, upon application of the custos or costodes and magistrates of any of places of the gover nor. 'Reduced prospectively to 6. Vide 7 Vic. c. 62. (Post.) the aforesaid districts, so to regulate the different places at which such courts shall be held, and the time of their sitting, as shall best suit public convenience, in carrying out the object of this act. VIC. c. 65. Island Act. 1840. Salary of 44. The receiver-general is hereby directed to pay to each of the persons to be nominated under this act, out of any public moneys unappropriated, by four quarterly payments, a salary Provided, That no chairmen at the rate of £1000 sterling per annum : person, so to be appointed, shall be entitled to such salary, £1000 each. unless, at the time of his appointment, he shall be qualified as hereinbefore directed. Island Act. 5 VIC. c. 8.] To remove doubts as to the adjourning of courts 5 Vic. c. 8. of quarter sessions, and common pleas, and the compelling the attendance of jurors, and others, at such adjourned courts. ISLD. [1841.] Quarter Ses and ad from day to periods. 3 Vic. c. 8, sec. 1.] Whereas doubts have existed as to the legality of adjourning courts of quarter-sessions of the peace, and courts of common pleas: And whereas it is expedient to remove the same, Be it therefore enacted, That it is and shall be lawful Courts of for the justices of the peace of the city of Kingston, and of the sions may several parishes and precincts of this island, in quarter-sessions be called assembled, and for the judges and assistant judges of the several journed courts of common pleas, at any of the said courts, and also for day to other the chairman of the courts of quarter-sessions of the said city, parishes and precinct, at any court of quarter-sessions of the peace, or chief judges of the court of common pleas, appointed by virtue of the act 3rd Vic. c. 65,' holden in and for the same, when, and as to such justices, judges or chairman or chief judges respectively, it shall seem meet, to call the said courts of quartersessions, and courts of common pleas, and to adjourn the same from day to day, or to any other period, for the despatch of business. nesses, &c., penalty. 2. The jurors, witnesses, parties, and other persons attending, Jurors, wit summoned to or bound to attend the said courts of quarter- to attend sessions and courts of common pleas, shall have the same duties under and powers and be liable and subject to the same fines and penalties for non-attendance, as they were originally liable and subject to, had the said courts been held at the usual and fixed periods and times and not have been adjourned. &c., may courts. 3. It shall be lawful to and for one justice of the peace for the One justice, city of Kingston, and of the several parishes and precincts of the call and said island, and for one of the judges and assistant judges of adjourn the said several courts of common pleas, and also for the chairman of the courts of quarter-sessions, and the said chief judges of the courts of common pleas from time to time to call the said courts 13 Vic. c. 65. Island act, commonly known as "Judicial Bill." |