VIII. CONVICTIONS. 7 WILL. IV. c. 36.] Relative to malicious injuries to property. 7 WILL. IV. 7 WILL. IV. c. 40.] Relative to larceny and other offences connected therewith. 7 WILL. IV. c. 41.] Relative to offences against the person. ISLD. [March 4, 1837.] 7 Will. IV. c. 36, sec. 35.-7 Will. IV. c. 40, sec. 68.—7 Will. IV. c. 41, sec. 31.] No conviction or adjudication made (under any of these acts), or appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise into the superior courts [sec. 40, supreme court,] [sec. 31, his majesty's superior courts of record,] and no warrant of commitment shall be held void by reason of any defect therein; provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. (a.) 7 Will. IV. c. 36, sec. 36.-7 Will. IV. c. 40, sec. 69.] Every justice of the peace before whom any person shall be convicted of any offence against either of these acts, shall transmit the conviction to the next court of general or quarter-sessions which shall be holden for the parish wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown. c. 36. 7 WILL. IV. c. 40. 7 WILL. IV. c. 41. Island Acts. 1837. 7 WM. IV. and 1 VIC. c. 36.] For consolidating the laws 7 WILL. IV. relative to offences against the post office. & 1 VIC. c. 36. British stat. BRIT. [1837.] (a) Secs. 33, 66, and 29 respectively) of these acts, as to forms of convictions, are superseded by 13 Vic. c. 35. (Post. 1837. Schedule 3. 7 WILL. IV. & 1 VIC. c. 36. British stat. 1837. before me one of her majesty's justices of the peace for of and over and above (if the justices mitigate the penalty) which sum of of for the costs and charges of G. H. the day 1 VIC. c. 25. 1 VIC. c. 25.] To regulate the costs of distresses for payment Island Act. of small rents and taxes. 1838. Order and judgments and com made in the ISLD. [March 24, 1838.] 1 Vic. c. 25, sec. 5.] All orders and judgments or complaints [in pursuance of this act] shall be made in the form in the plaints to be schedule hereunto annexed, and may be proved before any court form in the by proof of the signature of the justice to such order or judgment, annexed and such orders as regards persons who may have been summoned as witnesses shall be made in such form as to such justice shall Orders as seem fit and convenient. schedule and manner of proof. regards witnesses to be made in such form as justice may deem most fit. Form of schedule. SCHEDULE REFERRED TO. Form of order and judgment of the justice before whom complaint is preferred, where the order and judgment are for the complainant. For the matter of the complaint of A. B. against C. D. for a breach of the provisions of an act of the first year of the reign of her Majesty Queen Victoria, intituled, An act [here insert the title of this act.] I, E. F. a justice of the peace for the parish of do order and adjudge that the said C. D. shall pay to A.B. the sum of as a compensation and satisfaction for unlawful charges and costs, levied and taken from the said A. B. under a distress for [rent or taxes as the case may be] and the further sum of for costs on this complainant. (Signed) E. F. 5 VIC. c. 43.] To enlarge the powers of justices in complaints 5 Vic. c. 43. between masters and servants. ISLD. [1842.] Island Act. 1842. unlawful want of party deem ed tres account of 5 Vic. c. 43, sec 25.] That no order or award touching any of No order or the matters in this act contained, nor any conviction of any offender conviction, under this act, shall be quashed for want of form; and where or warrant any of distress, distress shall be made for any fine, penalty, or sum of money to quashed for be levied under and by virtue of this act, the distress itself shall form; nor not be deemed to be unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of passer on form in the summons, warrant of distress, or any other proceed- irregularity, ings relating thereto; nor shall such party be deemed a trespasser on account of any irregularity which shall be afterwards done by the party distraining, but the person aggrieved by such irregularity shall and may recover full satisfaction for the special damage, if any, in an action upon the case, and no plaintiff shall recover, in any action for such irregularity as aforesaid, if tender of sufficient amends shall have been made by or on behalf of the party distraining before such action be brought. &c. 6 VIC. c. 59.] For regulating the police of Port Royal. ISLD. [1842.] 6 VIC. c. 59. Island Act. 1842. may allow 6 Vic. c. 59, sec. 48.] The justices hearing and determining any Justices complaint under this act shall and may, in their discretion, allow costs, &c. costs to be paid to the party complaining, not exceeding twelve shillings, and enforce payment thereof in the same manner as penalties or fines are by this act directed to be recovered. tion shall be 51. The justices before whom any person shall be convicted How conviefor any offence against this act, may cause the conviction to be drawn up. drawn up in the form of words annexed to this act, or in any other form of words to the same effect, as the case shall require. be quashed 52. No such conviction or adjudication, made on appeal there- It shall not from, shall be quashed for want of form, or be removed by for want of certiorari or otherwise, into the supreme court, and no warrant form, &c. of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and that there be a good and valid conviction to sustain the same. 7 Vic. c. 66 British stat. 1844. Form of conviction. 7 VIC. c. 66.] For supplying Kingston and Liguanea with water. ISLD. [1844.] 7 Vic. c. 66, sec. 46.] In all cases where any conviction shall be had for any offence or offences against this act, or against any bye-laws, rules, orders or regulations of the said company, to be made in pursuance of any of the provisions contained in this act, the form of conviction shall be as follows: of the peace for the parish of having (as the do adjudge him (her or them to forfeit and pay for the same the sum of Given under (our) my hand and seal the day and year afore said. 8 & 9 VIC 8 and 9 VIC. c. 116.] For the protection of seamen on board British stat. merchant ships. BRIT. [August 8, 1845.] 1845. Form of conviction. 8 and 9 Vic. c. 116, sec. 13.] The justices before whom any person shall be summarily convicted of any offence against this act may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall require; (that is to say,) day of at Be it remembered, that on the in the year of our Lord in the county of [or riding, division, liberty, city &c. as the case may be,] A] B. is convicted before us [naming the justices,] two of her majesty's justices of the peace for the said county, [or riding, &c.. for that he the said A. B. did, [specify the offence and the time and place when and where the same was committed, as the case may be;] and we the said justices adjudge the said A. B. for his said offence to forfeit and pay the sum of [here state the amount of the fine imposed, and when necessary add the words] over and above the sum of £ which we the said justices do hereby adjudge to be forthwith paid to the said E. F. [the seaman] the same being the value of monies, documents, or effects of the said E. F. received by or taken into the possession or under the control of the said A. B. and we the said justices do also adjudge the said A. B. to pay the sum of for costs, and in default of immediate payment of the said sums direct that the sum of part of the said penalty, paid to C. D. [the party informing,] and the residue of the 8 & 9 VIC British stat. 1845. rari, &c. 14. No such conviction shall be quashed for want of form, or be removed by certiorari or otherwise into any of her majesty's superior courts of record, and no warrant of commitment shall No certiobe held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. 9 VIC. c. 12.] For raising a tax by stamps. ISLD. [Dec. 5, 1845.] 9 VIC. c. 12. 9 VIC. c. 22. 9 VIC. c. 22.] For the conveyance of mails by railways. 9 VIC. c. 23.] For the conveyance of troops and police by railways. ISLD. [Dec. 31, 1845.] 9 Vic. c. 12, sec. 54: 9 Vic. c. 22, sec. 20: 9 Vic. c. 23, sec. 6.] The justices before whom any person [c. 22, c. 23, the company] shall be convicted of any offence against any of these acts, may cause the conviction to be drawn up according to form to these acts annexed. 9 Vic. c. 12, sec. 55: 9 Vic. c. 22, sec. 21: 9 Vic. c. 23, sec. 7:] No summary proceedings before justices of the peace, in pursuance of any of these acts shall be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into the supreme or other (any) of the assize courts of this island. 9 Vic. c. 12, sec. 66.] This act in force till 31st December 1850, [subsequently revived and continued in force by 13 Vic. c. 25, in aid of public revenue.] 9 VIC. c. 23. Island Acts. 1845. |