Island Act. 1843. 7 Vic. c. 14 so appropriated, the same shall, together with all penalties awarded under this act, be paid to the treasurer of the parish in which the offence was committed for the use of the said parish : Provided, That it shall be in the discretion of the said magistrates before whom any conviction shall be had to adjudge such part of any such penalty as they may deem proper, not exceeding one half thereof, to the use of such person or persons who shall have contributed to the conviction of the offender, in such shares and proportions as such magistrates shall think fit. 7 VIC. c. 25. 7 VIC. c. 25.] For maintaining a railway from Kingston to Island Act. Spanish Town. 1843. Recovery tion of ISLD. [1843.] 7 Vic. c. 25, sec. 112.] All penalties and forfeitures inflicted and applica or imposed by this act, or by virtue of any bye-law, rule, or penalties. order, made in pursuance thereof (the manner of levying and recovering whereof is not herein otherwise particularly directed) may, in case of non-payment thereof, be recovered in a summary way by the order and adjudication of some two or more justices of the peace for the parish wherein the cause or matter of complaint may have arisen, on complaint to them for that purpose made, and afterwards be levied, as well as the costs (if any) of such proceedings on non-payment, by distress and sale of the goods and chattels of the respective offenders or persons liable to pay the same, by warrant under the hands and seals of such justices, and the overplus (if any) of the money so raised and recovered after discharging such penalty or forfeiture and the costs and expenses as aforesaid, shall be returned on demand to the party whose goods and chattels shall be distrained; and all which penalties and forfeitures not herein directed to be otherwise applied shall be paid one moiety to the informer and the remainder to the treasurer of the said company, unless such penalties and forfeitures shall be incurred by the said company, in which case the same shall be paid one moiety to the informer and the remainder to the churchwardens of the parish or place within which the offence shall be committed, to be applied by such churchwardens for the benefit of the poor of such parish or place; and in case such penalties and forfeitures shall not be forthwith paid, it shall be lawful for such justices, and they are hereby required, to order the offender so convicted to be detained in safe custody until return can be conveniently made to such warrant of distress, unless such offender shall give sufficient security to the satisfaction of such justices for his appearance before such justices, or before some other justices of the peace of the said parish on such day as shall be appointed Island Act. 1843. for the return of such warrant of distress (such day not being 7 VIC. c. 25. more than eight days from the taking of such security), and which security any of the said justices are hereby empowered to take by way of recognizance or otherwise, but if, upon the return of such warrant it shall appear that no sufficient distress can be had whereupon to levy the said penalties and such costs and expenses as aforesaid, and the same shall not forthwith be paid, or in case it shall appear to the satisfaction of such justices upon the confession of the offender or otherwise, that he has not sufficient goods and chattels, whereupon such penalties, forfeitures, costs, and expenses could be levied, if a warrant of distress should be issued, such justices shall not be required to issue such warrant of distress, but in such case it shall be lawful for such justices, and they are hereby required, by warrant under their hands and seals, to commit such offender to some common gaol or house of correction for the county within their jurisdiction, there to remain, without bail or mainprize, for any time not exceeding three calendar months, or until such penalty or forfeiture shall be sooner paid and satisfied, together with all costs and charges attending such proceedings as aforesaid, to be ascertained by such justices, or until such offender shall otherwise be discharged by due course of law. 7 VIC. c. 57.] To regulate wharves and storage throughout the 7 Vic. c. 57. island. ISLD. [1844.] Island Act. 1844. how reco verable. 7 Vic. c. 57, sec. 19.] The several penalties and forfeitures in Penalties, this act mentioned shall, if not exceeding £10, be recovered in a summary manner before any two of her majesty's justices of the peace in the parish where the offence shall be committed, which said justice is [justices are] hereby authorized, empowered, and required to commit such offender or offenders to gaol in default of payment for a period not exceeding three months, until such fine be paid, and all the penalties and forfeitures in this act mentioned shall be paid to the churchwardens for the support of the poor of the parish. 7 VIC. c. 66.] For supplying Kingston and Liguanea with it. water. ISLD. [1844.] Island Act. 1844. 7 Vic. c. 66, sec. 45.] All fines, penalties, and forfeitures imposed or inflicted by this act, or which shall be imposed or 1844. All forfel tures (not otherwise provided 7 VIC. c. 66. inflicted by any rule, order, or bye-law, to be made in pursuance Island Act, thereof, the manner of levying and recovering whereof is not particularly herein directed, shall, in case of non-payment, on conviction of the offender or offenders respectively, be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal of any justice of the peace for the city or parishes wherein the offence shall be committed, or the offender shall be or reside, which warraut such justice is hereby empowered and required to issue upon the confession of the party or parties, or upon the evidence of any credible witness or witnesses, upon oath (which oath such justice is hereby empowered and required to administer); and all fines, forfeitures, and penalties (the application whereof is not herein. particularly directed), shall be paid into the hands of the treasurer, or to the board of directors of the said company, and the overplus of the money raised by such distress and sale, after overplus to deducting the fines, penalties, and forfeitures, and the expense of to the owner such distress and sale shall be rendered to the owner of the goods and chattels so distrained, and for want of sufficient disIn default of tress, and in case the fine, penalty, or forfeiture shall not be forthwith paid, it shall and may be lawful for such justice, by warrant under his hand and seal to commit such offender to the common gaol or house of correction, there to remain without bail or mainprize for any term not exceeding four calendar months, unless such fine, penalty, or forfeiture, and all reasonable charges attending the recovery thereof shall be sooner paid and satisfied. for) shall be paid to the treasurer or board of directors; be returned levied on. payment, justice to commit to gaol. 8 VIC. c. 39. 8 Vic. c. 39.] To consolidate and amend the acts relating to Island Act. the city of Kingston. ISLD. [December 23, 1844.] 1844. Trial for offences had in a summary manner. fine, it must 8 Vic. c. 39, sec. 11.] Every offender against the bye-laws, against this ordinances, and regulations heretofore or hereafter to be made, act to be ordained, and established as aforesaid, shall be tried and adjudged in a summary way before any two or more justices of the peace in and for the said city and parish, and in every case of conviction the adjudication thereupon shall be enforced in manner In case of a following, that is to say, in case of a fine (if the same be not be levied for forthwith paid), the same shall be levied by distress and sale of the goods and chattels of the offender and offenders, by warrant, under the hand and seal of one or more of the convicting justices; and all fines, when levied or paid, shall be paid over into the hands of the treasurer or bankers of the said city and parish for the time being, to be appropriated, as hereinafter mentioned, to the use of the said corporation; the overplus, if any, to be rendered to the party or parties whose goods and chattels shall by distress under war rant of the convicting justices. Island Act. tress cannot body to be imprison be so distrained and sold (the charges of such distress and sale 8 Vic. c. 39. being first deducted), and the charges for cases of distress and sale shall be fixed and appointed by the common council of the 1844. said city and parish, or any thirteen of them (of whom the mayor and two aldermen, or any three aldermen, always to be a part), and every such warrant shall contain a direction, that and if disin case a sufficient distress cannot be found, the offender or be found, offenders shall be taken by the body, and be and stand com- taken. mitted for a certain space of time to be mentioned in such warrant, not exceeding the term of three calendar months, without bail or mainprize, and with or without hard labour, unless the fine and all charges shall be sooner paid and satisfied; and in case of adjudication of imprisonment, the offender or In case of offenders shall be taken by the body, and be and stand com- ment, mitted by warrant under the hand and seal of any one or more be comof the convicting justices, for the space of time which shall be mitted by adjudged to the common gaol, house of correction, or peniten- one or more tiary, with or without hard labour, at the discretion of the said justice, &c. convicting justices: Provided always, and it shall and may be Proviso. lawful for any person or persons convicted of any offence Persons against this act, or against any of the bye-laws, ordinances, may appeal penalties, forfeitures, or regulations already or hereafter to be made, ordained, or established as aforesaid, to appeal to the quarter chairman of quarter sessions in and for the said city and parish, against any order, judgment, or conviction of such justices aforesaid, in manner, and according to the provisions and under the regulations of the act, 3 Vic. c. 65 (ante), entitled, "For the improvement of the administration of justice." offender to warrnt of convicting convicted to chair man of sessions. 8 VIC. c. 41.] To regulate the proceedings of the justices and 8 Vic. c. 41. vestries. ISLD. [1844.] Island Act. 1844. clerks of 8 Vic. c. 41, sec. 8.] And whereas, under several acts of this island it is obligatory upon the clerk of the common council of Kingston, and the clerk of the several vestries of this island, to perform certain duties in respect of their respective offices, and in many of such acts no penalty is provided in case of the nonperformance of such duties: Be it therefore enacted, That in case Penalty on the clerk of the common council of Kingston, or any clerk of vestries and the vestry of any parish of this island shall neglect to perform, council for or shall negligently perform any act, duty, or thing required by neglect of any act of this island now in force, or hereafter to be passed and be in force in this island, to be by him performed and done, and in which no penalty shall or may be provided in case of the non-performance of any such duties, such clerk of the common council of Kingston, or clerk of the vestry as aforesaid, shall of common duty. 8 VIC. c. 41. forfeit and pay a sum not exceeding £20 for each and every Island Act. offence, to be recovered in the manner and way, and to be applied to and for the purposes in this act mentioned. 1844. How penalties are to be recovered. 9. The several penalties imposed by this act shall be recovered in a summary manner before any two or more justices of the peace for the parish or precinct, who were not present at such meeting of the vestry or common council as aforesaid, where such offence shall be committed; and in default of payment, such justices are hereby authorized and empowered to commit the offender or offenders to gaol, there to remain without bail until he or they shall have paid the same, and the penalties when paid shall be to the use of the parties suing for the same. 8 & 9 VIC. c. 88. British stat. 1845. Recovery of forfeiture. 8 and 9 Vic. c. 88.] For the encouragement of British shipping and navigation. BRIT. [August 4, 1845.] 8 and 9 Vic. c. 88, sec. 25.] All penalties and forfeitures incurred under this act shall be sued for, prosecuted, recovered and disposed of, or shall be mitigated or restored in like manner as any penalty or forfeiture can be sued for, prosecuted, recovered, and disposed of, or may be mitigated or restored under an act passed in this present session of parliament, for the prevention of smuggling. 8 & 9 VIC. c. 116. British stat. 1845. Recovery and application of penalties. 8 and 9 VIC. c. 116.] For the protection of seamen entering on board merchant ships. BRIT. [August 8th, 1845. 8 and 9 Vic, c. 116, sec. 12.] All penalties and forfeitures imposed by this act, shall and may be recovered with costs by summary proceedings, before any two justices of the peace, residing in or near to the place where the offence shall be committed, or where the offender shall be: and if the sum imposed as a penalty or adjudged to be paid as aforesaid by any such justices, shall not be paid, either immediately after the conviction, or within such reasonable time as such justices shall at the time of the conviction appoint, it shall be lawful for the justices to commit the offender or offenders to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of such justices, for any term not exceeding six calendar months, the commit |