c. 38. 1842. 5 & 6 Vic. gaol delivery instead of the said court of sessions of the peace; British stat. Provided also, That the judge who shall grant such writ of certiorari or habeas corpus shall cause the party applying for such writ or writs, whether he be the prosecutor or party charged with such offence to enter into a recognizance in such sum, and with or without sureties as the judge may direct, conditioned to give such notice as aforesaid to the parties bound by such recognizance to appear before the said court of oyer and terminer and gaol delivery, instead of before the said court of sessions of the peace respectively, and to do such other things with reference to the indictment, presentment, or person removed, as such court or judge shall direct. Power to divide courts of the peace. 4. And whereas it is expedient to enlarge the powers of justices of the peace for dividing their several courts of sessions of sessions of the peace; Be it enacted, That whenever any court of general or quarter sessions, or adjourned session of the peace shall be assembled for the dispatch of business thereunto belonging, and there shall be any order of the court in force for the appointment of a permanent chairman and deputy chairman of the said court, it shall be lawful for the justices then present, if it shall appear to them advisable, having regard to the business to be disposed of, to appoint two or more justices, one of whom shall be such deputy chairman, to sit apart in some convenient place in or near the court, there to hear and determine such business as shall be referred to them, whilst other of the justices, one of whom shall be the said chairman, are at the same time proceeding in the dispatch of the other business of the same court, and that the proceedings so had by and before the justices so sitting apart, shall be as good and effectual in the law as if the same were had before the court assembled and sitting as usual in its ordinary place of sitting, and shall be enrolled and recorded accordingly; and that the several provisions of the imperial act 59th George III. c. 28, entitled, "An Act to empower Magistrates to provide the Court of Quarter Sessions," shall, so far as may be, extend and be applicable to the second court so to be holden as aforesaid. 6 Vic. c. 14.] In taking away the punishment of death in ISLD. [1842.] 6 VIC. c. 14. Offences not triable in Quarter Sessions. 6 Vic. c. 14, sec. 4.] None of the offences in this act specified [buggery, rape, carnal abuse of female children under nine years of age] shall be tried or triable before any justices of the peace at any general or quarter sessions of the peace. 7 VIC. c. 62.] An Act to provide for the gradual reduction of 7 Vic. c. 62 the number of the chairmen of quarter sessions.' ISLD. [29th Feb. 1844.] Island Act. 1844. cies occur, chairmen of be reduced 7 Vict. c. 62, sec. 1.] Whereas it has been found that nine As vacan chairmen of quarter sessions are more than the duties assigned number of to them require, and it is expedient that the number should be sessions to reduced to six, as vacancies occur, and that a proper distribution to six. of the labour of the reduced number of chairmen be made, by dividing the island again into districts: Be it enacted, That for the purpose of carrying into effect the reduction herein before mentioned, the island be, and it is hereby divided into six districts: 1. Kingston, Port-Royal, and Saint Andrew. New dis tricts, six 2. Saint Thomas in the East, and precinct, Portland, Saint only. George, and Metcalfe. 3. Saint Ann, Saint Mary, and Saint Thomas in the Vale. 4. Saint Catherine, and precinct, Clarendon, and Vere. 5. Trelawny, Saint James, and Hanover. 6. Saint Elizabeth, Westmoreland, and Manchester. of duties. 2. When and as often as any vacancy occurs in any one of Distribution the districts heretofore created, the duties which should have been performed by the chairman whose district shall become vacant, shall devolve on the chairmen respectively in whose districts the parishes which form the vacant districts are severally placed under the provisions of this act. new chair each. 3. From the date of any vacancy, and so toties quoties as Salaries of vacancies occur, until, and from and after the six districts men £1200 hereby created shall be filled, the chairman whose districts will be thereby increased, shall each of them receive a salary at the rate of £1200 per annum, payable at the same time, and in the same way, as the salaries of the chairmen of quarter sessions are now paid: Provided, That the chairman of the quarter sessions, Present and chief judge of common pleas of Kingston, for the time Kingston being, shall receive the salary of £1200, when this act shall £1200. come into operation with respect to any district. chairman of commis chairmen 4. It shall not be necessary for the governor to issue any No new new commission to any one of the present chairmen of quarter sions to sessions who may be called on, under this act, to act in parishes present other than those for which at present he holds commissions; but requisite. he shall have, by virtue of this act, full power and authority, and is hereby required, to discharge all the duties of chairman of quarter sessions and chief judge of the court of common pleas of the parishes to which he succeeds under this act, in as full and ample a manner as if he received new commissions for the same. 1 Vide 3 Vic. c. 65, ante. VIC. c. 62. Island Act. 1844. Governor may grant leave of chairmen. Proviso. If absence exceeds 12 months, salary is then to cease. 8 VIC. c. 8. Island Act. 5. It shall and may be lawful, at any time hereafter, for the governor for the time being to grant, when and as he shall see fit, to any chairman of quarter sessions, leave of absence for any period not exceeding one year; and thereupon it shall be lawful for the governor, if he shall think fit so to do, to nominate and appoint some person qualified under the 3rd Vic. c. 65, to act for, and instead of, such chairman, who shall have leave of absence as aforesaid: Provided, That the said deputy or deputies shall receive half the salary of any chairman or chairmen who may have obtained such leave of absence. 6. If any chairman of quarter sessions shall remain absent from this island for any period exceeding twelve months from the day of his departure, the salary payable to such chairman shall wholly cease. 8 VIC. c. 8.] An act to separate the parish of St. David from 1844. the precinct of Saint Thomas in the East and Saint David. ISLD. [15th Dec. 1844.] Governor may appoint 8 Vic. c. 8, sec. 2.] It shall and may be lawful for the a custos, &c. governor, or person administering the government for the time being, to appoint a custos rotulorum, or chief magistrate of the said parish of Saint David, and to select from the magistrates of the said precinct of Saint Thomas in the East and Saint David such persons as he may think proper to be justices of the peace for the said parish of Saint David, and to appoint any other persons to be justices of the said parish as he may from time to time think fit. form a part district, c. 65, 3. And whereas, in the formation of the said parish of Saint David, it is requisite to define in which of the nine districts the same shall belong, under the thirty-fourth section of the 3 Vic. St. David to c. 65 (ante); Be it therefore enacted, That the said parish of of SECOND Saint David shall, after this act shall come into force, be conunder 3 Vic. sidered to form part of the second district under the above recited act, as if the same had been originally included therein; and the chairman of the quarter-sessions of the second district for the time being, as mentioned in the said act, shall, and he is hereby required, to attend and preside as chairman of the quarter-sessions of the peace for the said parish of Saint David, and shall also preside as chief judge of the court of common pleas, and perform all duties whatsoever for the benefit of the said parish, as if the same parish had been formed at the time of the passing of the said recited act; and the said parish of Saint David shall, upon the coming into force of this act, be entitled to the benefit of all and every the provisions of the said act, to all intents, construction, and purpose whatsoever, as if the same had been formed at the passing of the said act, and originally been included therein. Island Act. FIRST dis 7 Vic. c. 62. 4. And whereas, under the seventh of Victoria c. 62, pro- 8 Vic. e. 8. vision is made for the gradual reduction of the number of 1844. chairmen of quarter-sessions: And whereas, under the said act, and part of the island is divided into six districts: And whereas it is necessary trict, under to declare in which of the said six districts the parish of Saint David shall be placed when the said act comes into operation: Be it further enacted, That when and as soon as a vacancy shall occur in the second or third districts created under 3 Victoria c. 65, the parish of Saint David shall become part of the first district created under the 7 Victoria c. 62, and the chairman for the time being of the quarter-sessions of the first district under the said last-mentioned act shall, and he is hereby required to, attend and preside as chairman of the quarter-sessions of the peace for the parish of Saint David, and also preside as chief judge of the court of common pleas of the said parish. appoint 5. It shall be lawful for the governor, or person exercising Governor to the functions of governor for the time being, to appoint assistant assistant judges of the court of common pleas in the said parish of Saint Judges of David, and from time to appoint any other persons assistant Pleas. judges of the said court as he may deem fit. Common Island Act. 14 VIC. c. 23. To provide for the estreat of recognizances 14 Vic. c. 23. under £20, forfeited by non-attendance at courts of quarter sessions. ISLD. [15 April, 1851.] 1851. &c., in 5 recogni exceeding 14 Vic. c. 23.] Whereas it is necessary to amend the act 5 Provisos, Vic. c. 4 (ante), Be it enacted, That all the provisions, powers, Vic. c. 47, clauses, penalties, and provisoes, in the said act contained, shall to extend to extend to all recognizances not exceeding the amount of £20, zances not forfeited by the non-appearance of parties thereby bound to £20 for nonattend the courts of quarter-sessions, or departure from the said appearance, courts or any adjournment thereof, as defendants, prosecutors, and witnesses, without the leave of the said court, and if the same were repealed and re-enacted. Clerks of the Peace. &c. 37 HENRY VIII. c. 1.] A bill for custos rotulorum and clerks 37 HENRY of the peace. ENGLD. [1545.] VIII. c. 1. Engl. stat. 1545. rotulorum point the 37 Henry VIII. c. 1, sec. 3.] Every custos rotulorum for the The custos time being shall at all times hereafter in every shire of this shall ap realm, Wales, and other the king's dominions, marches, and clerk of the territories of the same, nominate, elect, appoint, and assign all peace. and every person and persons which hereafter shall be clerks of the peace within within any of the said shires of this realm of England, Wales, and other the king's dominions, marches, and territories of the same, and to give and grant the said offices of the clerkship of the peace to such able person instructed in the laws of VIII. c. 1. 1545. The clerk 37 HENRY this realm as shall be able to exercise and occupy the same, to Engl. stat. hold and enjoy the same during the time that the said custos rotulorum shall occupy and exercise the aforesaid office of custos rotulorum, so that the said clerk demean him in the said office justly and honestly; and it shall be lawful to every such grantee of the said clerkship to occupy and enjoy the same office of the clerkship of the peace, by himself, or by his sufficient deputy, instructed in the laws of this realm, so that the same deputy be admitted, taken, and reputed by the said custos rotulorum to be sufficient and able to exercise, occupy, keep, and enjoy the same office of the clerkship of the peace. may appoint a deputy by consent of the custos. 1 WM. III. c. 21. 1 Wм. III. c. 21.] An act for enabling Lords Commissioners Island Act. for the Great Seal to execute the office of Lord Chancellor or Lord Keeper. 1688. Clerk of the peace to be by the cus tos rotulorum. ENGLD. [1688.] 1 Wm. III. c. 21, sec. 5.] The custos rotulorum, or other appointed person to whom of right it doth or shall belong to nominate or appoint the clerk of the peace for any county, riding, division, or other place, shall, from time to time, where the office of the clerk of the peace now is, or hereafter shall be void, nominate and appoint one able and sufficient person residing in the said county, riding, division, or other place, for which he is so appointed, or to be appointed, clerk of the peace, to execute the same by himself or his sufficient deputy, and to take and receive the fees, profits and perquisites thereof, for so long time only as such clerk of the peace shall well demean himself in his said office. Justices of discharge the clerk, upon such vacancy the 6. If any clerk of the peace already nominated, or to be peace may nominated as aforesaid, shall misdemean himself in the execution of the said office, and thereupon a complaint and charge in writing of such misdemeanor shall be exhibited against him to the justices of the peace in their general quarter-sessions, it shall be lawful for the said justices, or the major part of them from time to time, upon examination and due proof thereof, openly in their general quarter-sessions, to suspend or discharge him from the said office; and in such case the custos rotulorum, custos shall or other person to whom it shall of right belong, to nominate nominate a the clerk of the peace for such county, riding, division, or place, shall nominate and appoint one other able and sufficient person residing in the said county, riding, division, or place as aforesaid, to be clerk of the peace in the place of such person so amoved as aforesaid; and in case of refusal or neglect to made such nomination and appointment before the next general quarter-sessions to be holden after the said refusal, it shall and may be lawful for the said justices of the peace, at their general quarter-sessions for the said county, riding, division, or place, or the major part of them, to nominate and appoint one able and sufficient person residing in the said county, riding, division, clerk. |