Island Act. 5 Vic. c. 8. of quarter sessions and common pleas and to adjourn the same in like manner, as if three or more justices or judges had been present. 1841. In absence of chairman and chief judges, custos or 4. In the event of the absence of the chairman of quartersessions or chief judge of the court of common pleas, from indisposition or otherwise, the custos or senior magistrate present senior ma- shall, with the other magistrates, hold the said court of quartersessions in the same manner as before the appointment of chairman, and the other judges of the court of common pleas shall in like manner hold the court of common pleas as heretofore. gistrate may proceed. 5 VIC. c. 47. 5. VIC. c. 47.] To facilitate the recovery of fines and estreat Island Act. recognizances.' ISLD. [1842.] 1842. Recognizances not 20 may estreated. be 5 Vic. c. 47, sec. 1.] All recognizances, sum or sums of money exceeding to be paid in lieu or satisfaction of them, or any of them, not exceeding the sum of £20 which already are or hereafter shall be taken and recognized by or before any justice or justices of the peace of any parish in this island, shall be certified by the justice or justices of the peace by or before whom the same shall be taken and recognized, in writing, to the clerk of the peace of the parish, and the clerk of the peace of each parish shall prepare a list containing the names and residences, trades, professions, or callings of the parties, and the amount of the sum forfeited by each respectively, and present the same to the justices the first day of each ensuing general court of quarter-sessions of such parish, and the justices assembled at such quarter-sessions shall inquire into such recognizance, and direct such clerk of the peace to copy on a roll all such recognizances, sum or sums of money to be paid in lieu or satisfaction of them, or any of them, which shall have been forfeited, showing the cause of such forfeiture; Clerks of the and the said clerk of the peace shall also insert in such roll all fines set and imposed by such justices at such court, and the clerk of the peace shall, within such time as shall be fixed and ment send determined by such court, not exceeding twenty-one days after the adjournment of such court, send a copy of such roll, with writs of distringas and capias, to be signed by three of such justices according to the form and effect in the schedule, marked A, annexed to this act (varying such writ according to the circumstances of each case), directed to the provost-marshalgeneral, of this island, which shall be the authority to the provost-marshal-general, or his lawful deputy, for proceeding to the immediate execution of such writs, by recovering the amount of such forfeiture, recognizances, fines, sum or sums of money mentioned therein respectively, on the goods and chattels of such several persons, or by taking into custody the bodies of such persons, in case the same shall not be paid, or sufficient goods and chattels cannot be found to satisfy the same respectively: peace must within 21 days after adjourn copy roll, &c., to justices. See 14 Vic. c. 29. (Post.) Island Act. 1842. and every person so taken shall be lodged in the common goal & Vic c. 47. until the next general quarter-sesions of the peace, there to abide the judgment of the said court, unless such forfeited recognizance, fine, or sum or sums of money, shall be sooner paid. quarter ses cate of roll 2. Every clerk of the peace shall, within thirty days after each and in 30 of the general courts of quarter-sessions, send to the receiver- days after general of this island a duplicate copy of the roll or rolls delivered sions duplito the provost-marshal-general, and also a copy of the return to receiver made by him or his deputy on the first day of the opening of such general. court as hereinafter directed, together with the causes of discharge, in case any person shall have been relieved by the said general court of quarter-sessions, and the answer given by any deputy-marshal to such court where any forfeited recognizance, fine, sum or sums of money, to be paid in lieu or satisfaction of them, or any of them, has or have not been paid to or received by such deputy-marshal. as to same. oath. 3. The clerk of the peace, before he shall deliver such rolls to Making oath the provost-marshal-general and receiver-general, shall make oath, before any justice of the peace for the parish for which such clerk of the peace shall act, which oath shall be endorsed on the back of the said rolls, stating therein that all such forfeited recognizances, sum or sums of money to be paid, or otherwise accounted for, and such oath shall be made in the form following: "I, make oath that this roll is truly and care- Form of fully made up and examined, and that all recognizances under the sums of twenty pounds respectively, which were taken and recognized at the parish (or precinct) of and have become forfeited, and in right and due course of law ought to be levied and paid, and also of all fines set and imposed by the justices at the court of quarter-sessions of the peace, held on the in and for the parish (or precinct) of are, to the best of my knowledge and belief, inserted in the said roll, and that in the said roll are also contained and expressed all such sums as have been paid to, or received by me, either in court or otherwise, on such forfeited recognizances, without any wilful or fraudulent discharge, omission, or defect whatsoever. day of Sworn to before me, at the day pay over 4. The several clerks of the peace of this island shall, within Clerks of twenty days after each of the courts of quarter-sessions of their peace must respective parishes, pay over to the receiver-general, for the use money to of the public of this island, all sum and sums of money received general. by them on account of such fines and recognizances. receiver taking re 5. Each and every justice of the peace before whom any re- Justices cognizance shall be entered into or taken, shall, and is hereby cognizance required to give, or cause to be given, at the time of entering into such recognizance to the person or persons, surety or suretics, sureties. must give notice to 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. Island Act. 1842. Proviso. 5 VIC. c. 47. so entering into the same, and to each of them, a written or printed paper or notice in the form or to the effect stated in the schedule, marked B, to this act annexed, adapting the same to the particular circumstances of the case; and each and every such justice shall, in such recognizance, state and specify the names in full of every person so entering into such recognizance, together with the parish or place of his or her residence, and his or her profession, trade, or description: Provided always, that if any person, on whose goods and chattels the provost-marshalgeneral, or his deputy, shall be authorized to levy any such forfeited recognizance, fine, or sum of money to be paid in lieu or satisfaction thereof, shall give security to the said provost-marshal-general, or his deputy, for his appearance at the next general court of quarter-sessions, then and there to abide the decision of the court, and also to pay such forfeited recognizance, fine, or sum of money to be paid in lieu or satisfaction thereof, together with all such expences as shall be ordered and adjudged by the said court, it shall be lawful for the said provost-marshal-general, or his deputy, to discharge such person so giving such security out of custody: Provided also, that in case such party, so giving security, shall not appear in pursuance of his undertaking, it shall be lawful for the court forthwith to issue a bench warrant to bring before them the person so making default, and to treat the recognizance of the surety or sureties of the person so making default in the manner directed by this act in cases of other forfeited recognizance, and the person so making default shall, when taken under such bench warrant, be dealt with as if he or she had been brought up under the writ. Proviso. Justices may insert rolls all not levied. 6. The justices assembled at any general court of quarterin following sessions of the peace, held after the return of the writs and roll forfeited re- issued from any preceding general court of quarter-sessions at cognizances the opening of the courts shall insert, or cause to be inserted in any following roll, all such forfeited recognizances, fines, sum or sums of money, to be paid in lieu or satisfaction of them, or any of them, which have not been duly levied, or recovered, or accounted for by the provost-marshal-general, or his deputy, or have not been discharged by the court, or otherwise according to law, and so to continue such process from session to session till it shall be duly ascertained, to the satisfaction of the said court, that the person in default has not any goods and chattels whereon to levy, or cannot be found. Provostmarshal writs of Quarter Sessions. 7. The provost-marshal-general, or his deputy, to whom the must return writs of distringas and capias, deemed necessary to meet the exigencies of the case, and rolls, shall be sent, shall return every writ or writs so directed to him, and the roll or rolls attached to such writ or writs, to the said general court of quarter-sessions on the first day of each sitting of the said court, and shall also make a return of all such writ or writs as shall have been executed by him, and the manner in which such writ or writs was or |