Island Act. 1842. were so executed, and shall, within ten days after such courts 5 Vic. c. 47 respectively, pay over to the receiver-general all and every sum and sums of money received by him on account of such writ or writs, under the penalty of £100 to be recovered in a summary manner by application to the grand court; and the said provostmarshal, or his deputy, shall be examined on oath by the court on the first day of each sessions, or on any subsequent day, touching the execution of all such writs as shall not have been duly executed by him. and apply to a justice of the parish to which may remove writs, &c. 8. In all cases where the person incurring, or liable to pay any forfeited recognizances, fines, or sum of money in lieu or satisfaction thereof, shall reside, or have shall fled or removed into any any person other parish, out of the jurisdiction in which recognizance was liable to pay taken and forfeited, or fine set and imposed, it shall be lawful for to endorse the provost-marshal-general, or his deputy, to apply to any justice of the peace acting for such parish into which the person may have fled or removed, and such justice is hereby required, upon proof on oath of the hand-writing of the said provost-marshalgeneral, or his deputy, to endorse his name on the writ issued under the provisions of this act, which shall be a sufficient authority to the deputy-marshal of the said parish to which such person has removed or fled, and to all other persons to whom the same may be directed, to execute the same in such other parish, and to act in all respects under such writ, in the same manner as if the original writs had been directed to him by order of the general court of quarter-session, from which such writ issued; and such deputy-marshal shall (under the penalty of one hundred pounds, to be recovered summarily by application of the grand court) return to the provost-marshal-general, for whom he received the same, what he shall have done in the execution of such process; and in case such person shall refuse to pay the sum stated in such writ, or in default of goods and chattels whereon to levy the same, and all costs and charges attending the recovery thereof, then to take the body of the said person, and in default of bail, to lodge him in the gaol of the parish in which the forfeiture had been incurred there to await the decision of the next general court of quarter-sessions; and in case the sum stated in the writ so transferred shall be paid, to pay over the same to the provost-marshal-general, to be returned at the next sessions of the court from which such capias issued, and to be paid over as directed by this act. discharge o part of any 9. The justices of the same courts, before whom any person Justices so committed to gaol or bound to appear shall be brought, shall me inquire into the circumstances of the case, and shall, at their whole or discretion, order the discharge of the whole of the forfeited recognirecognizance, fine, or sum of money, paid or to be paid, in lieu fines, &c. or satisfaction thereof, or any part thereof; and such order shall be made in the form or to the effect of the schedule, marked C, to this act annexed, and shall be signed by the clerk of the peace, zances, Island Act. 1842. 5 VIC. c. 47. which said order shall be a discharge of such person from such recognizance or fine; and in all cases, where the party shall have been lodged in the common gaol, the justices of the peace, so assembled, are hereby empowered, either to remand such party to the same custody for such period as they shall direct, or order such party to be discharged from custody as aforesaid; and it shall and may be lawful, to and for the said justices, so assembled, to award such costs, charges, and expences, to be paid by the party, as to them shall seem just and reasonable. Fees to clerk of peace. Penalties payable to receivergeneral. Schedule A. 10. The clerk of the peace shall be entitled to a fee of 2s. 6d. for each writ so issued, and 2s. 6d. for each legal sheet of 160 words, so entered in such rolls, including the returns thereto; and 2s. 6d. for every discharge of any forfeited recognizance or fine, to be deducted out of any monies received by him; and the provost-marshal-general, or his deputy, shall be entitled to the usual and accustomed fees and commissions an all writs issued under the provisions of this act : and in case the provost-marshalgeneral, or his deputy, duly required, or the clerk of the peace shall refuse or neglect to do and perform any duty, act, or thing, imposed or required from him or them respectively in manner by this act directed, then and in every such case such provostmarshal or his deputy, or such clerk so refusing or neglecting, shall forfeit and pay the sum of £60 to be recovered in a summary manner by application to the grand court, together with the costs of such application.' 11. All and every penalty and penalties imposed by this act shall when recovered be paid over to the receiver-general, to be applied to the use of the public of this island. SCHEDULE A. Victoria by the grace of God of the United Kingdom of Great Britain and Ireland Queen, and of Jamaica, lady defender of the faith, &c. To the provost-marshal greeting: You are hereby required and commanded that you omit not of the goods and chattels of of the parish of you cause to be levied the sum of pounds, so that the money may be ready for payment at the next general court of quarter-sessions of the peace, to be paid over in such manner as directed by an Act made and passed in the fifth year of our reign entitled “Ăn Act to facilitate the recovery of certain fines and estreated recognizances," and if you cannot levy the said sum of pounds, by reason of no goods and chattels being to be found belonging to the said then in such case that you take the body of the said referring to pay the aforesaid sum, and lodge him or her in the common goal, there to await the decision of the justices, as assembled at the next general court of quarter-sessions of As to recognizances under £20, vide 14 Vic. c. 23. (Post.( the peace for the parish of the said of unless 5 Vic. c. 47. shall give sufficient security for his appearance at such sessions, and leave you then and there this writ. justice of the peace for the parish (precinct) Island Act. 1842. Witness of esquire at the day of (S.S.) in the sum of pounds and your sureties in the sum of pounds each to appear at the general court of quarter-sessions of the peace for the parish (or precinct) of day of next (or as the case may be, in matters of summary jurisdiction,) and unless you personally make your appearance accordingly, the recognizance entered into by yourself and sureties will be forthwith levied on you and your bail. one thousand eight hundred Signed by the justice of the peace. To the provost-marshal-general, and all whom it may concern. (here describe the nature of the fine or forfeiture) and hath made it appear to the satisfaction of the justices so assembled that he should be relieved from the payment of the sum of pounds (or if the penalty is mitigated) state from what part thereof here state the nature of the fine or forfeiture). Be it therefore remembered that the said is by the said court discharged from the said fine (or recognizance as the case may be) or if mitigated state for what part, and from the writ issued thereon against him. Dated the day of By order of the court. Signed by the clerk of peace. Schedule C. 5 & 6 VIC. c. 38.] To define the jurisdiction of justices in 5&6 VIC. general and quarter-sessions of the peace.1 BRIT. [30th June, 1842.] 5 and 6 Vict. c. 38, sec. 1.] Whereas it is expedient that the powers of justices in general and quarter-sessions of the peace with respect to the trial of offences be better defined; be it See 6 Vic. c. 14. (Post.) c. 38. British stat. 1842. c. 38. 1842. Justices in sessions restrained 5 & 6 Vic. enacted, That neither the justices of the peace acting in and for British stat. any county, riding, division, or liberty, nor the recorder of any borough shall, at any session of the peace or at any adjournment thereof, try any person or persons for any treason, murder, or from trying capital felony or for any felony which, when committed by a person not previously convicted of felony, is punishable by transportation beyond the seas for life, or for any of the following offences (that is to say): certain offences. Proviso as acting in London and the environs. 1. Misprision of treason. 2. Offences against the Queen's title, prerogative, person, or government, or against either house of parliament. 3. Offences subject to the penalties of præmunire. 4. Blasphemy and offences against religion. 5. Administering or taking unlawful oaths. 6. Perjury and subornation of perjury. 7. Making or suborning any other person to make a false oath, affirmation or declaration, punishable as perjury or as a misdemeanor. 8. Forgery. 9. Unlawfully and maliciously setting fire to crops of corn, grain or pulse, or to any part of a wood, coppice or plantation of trees, or to any heath, gorse, furze, or fern. 10. Bigamy and offences against the laws relating to marriage. 11. Abduction of women and girls. 12. Endeavouring to conceal the birth of a child. 13. Offences against any provision of the laws relating to bankrupts and insolvents. 14. Composing, printing, or publishing blasphemous seditious or defamatory libels. 15. Bribery. 16. Unlawful combinations and conspiracies, except con- 17. Stealing or fraudulently taking, or injuring or destroying any Provided always, that nothing herein contained shall be conto justices strued to give authority to the justices of the peace acting in and for the cities of London and Westminster, the liberty of the Tower of London, the Borough of Southwark, and the counties of Middlesex, Essex, Kent, and Surrey, to try any person or persons for any offence committed, or alleged to be committed, within the jurisdiction of the central criminal court, 1842. which such justices are restrained from trying under the 5 & 6 VIC. pro- c. 38. visions of an act passed in the fifth year of the reign of his British stat. late majesty, intituled an act for establishing a new court for 4 & 5 WM. the trial of offences committed in the metropolis and parts iv. c. 36. adjoining. found at the the peace to 2. It shall be lawful for any judge of one of her Majesty's Indictments superior courts at Westminster, acting under any commission of sessions of oyer and terminer and gaol delivery for any county to issue, if be removed, he shall think fit, any writ or writs of certiorari or other process directed to the justices of the peace acting in and for such county, riding, division, or liberty, or to the recorder of any borough situated within the said county, commanding the said justices and recorder severally to certify and return into the court holden under the authority of such commission of oyer and terminer and gaol delivery all indictments or presentments found or taken before any of the said justices of the peace or recorder of any offences which, after the passing of this act, such justices or recorder will not have jurisdiction to try, and the several recognizances, examinations, and depositions, relative to such indictments and presentments, and also, if necessary, by writ or writs of habeas corpus to cause any person or persons and prisonwho may be in the custody of any gaol or prison, charged with ers may be any such offence, to be removed into the custody of the keeper habeas of the common gaol of the county, so that the same offences may be dealt with, tried, and determined according to law, under the authority of the said commission. removed by corpus. zances to be assizes. 3. Every recognizance which shall have been entered into for Recognithe prosecution of any person at any court of sessions of the obligatory to peace for any offence which, after the passing of this act, such appear at court will not have jurisdiction to try, and every recognizance for the appearance, as well of any witness to give evidence upon any bill of indictment or presentment for any such offence as of any person to answer the queen for or concerning any such offence, or to answer generally before such court shall, in case any writ of certiorari or habeas corpus be issued, for the purposes of removing such indictment or presentment, or such person so in custody as aforesaid, be obligatory on the parties bound by such recognizance to prosecute, and appear, and give evidence, and do all other things therein mentioned with reference to the indictment or presentment, or person so removed as aforesaid, before the justices of oyer and terminer and gaol delivery, acting in and for that county, in like manner as if such recognizance had been originally entered into for prosecuting such offence, appearing or giving evidence, or doing such other things before the said justices of oyer and terminer and gaol delivery; Provided always that one week's notice shall have been given, either personally or by leaving the same at the place of residence, as of which the parties bound by such recognizance are therein described to appear before the court of oyer and terminer and |