Island Act. 26. No person who has been convicted of any fraud, or of 11 Vic. c. 36. obtaining money under false pretences, or of any felony whatsoever, shall be allowed to prosecute or inform against any person for any offence committed against this act 1847. Convicted persons, &c. not allowed to prosecute or inform. 13 VIC. c. 35.] Duties of justices of the peace as to summary 13 Vic. c. 35. convictions. ISLD. [February 1, 1850.] Island Act. 1850. ed for com formation. 13 Vic. c. 35, sec. 11.] In all cases where no time is already Time limitor shall hereafter be specially limited for making any such com- plaint or inplaint, or laying any such information in the act or acts of this island relating to each particular case, such complaint shall be made, and such information shall be laid within six calendar months from the time when the matter of such complaint or information respectively arose. 14 and 15 VIC. c. 79.] To consolidate and amend the laws 14 & 15 VIC. relating to steam navigation. BRIT. [August 7, 1851.] 14 and 15 Vic. c. 79, sec. 42.] No person shall be liable to the payment of any penalty or forfeiture imposed by virtue of this act, and made summarily recoverable thereunder, unless the complaint respecting such offence be made before such justice, within six months next after the commissions of such offence. c. 79. British stat. 1851. be sued for Penalties to within six months. No proceed void for in 43. No conviction, order, or other proceeding, in pursuance ing to be of this act, shall be quashed or vacated for want of form, or be formality or removed by certiorari, or otherwise, into any superior court. recovered by certiorari. 15 and 16 VIC. c. 44.] To amend and consolidate the laws 15 & 16 VIC. relating to passengers by sea. c. 44. British stat. BRIT. [June 30, 1852.] 1852. of actions cuting the 81. No action or suit shall be commenced against any emigra- Limitations tion officer, his assistant, government emigration agent, officer against of customs, or other person, for anything done in pursuance of officers exeor under the authority of this act, until ten clear days' notice has act. been given thereof in writing to the officer, agent, or person as aforesaid, against whom such action or suit is intended to be c. 44. 1852. may plead issue. 15 & 16 Vic. brought, nor after three calendar months next after the act comBritish stat. mitted for which such action or suit shall be so brought; and every such action shall be brought, laid, and tried where the cause of action shall have arisen, and not in any other place; Defendant and the defendant in such action or suit may plead the general the general issue, and give this act and any special matter in evidence, at any trial which shall be had thereupon; and if the matter or thing shall appear to have been done under or by virtue of this act, or if it shall appear that such action or suit was brought before ten clear days' notice thereof given as aforesaid, or if any action or suit shall not be commenced within the time hereinbefore limited, or shall be brought or laid in any other place than as aforesaid, then the jury shall find a verdict for the defendant therein; and if a verdict shall be found for such defendant, or if the plaintiff in such action or suit shall become nonsuited, or suffer a discontinuance of such action, or if upon any demurrer in such action judgment shall be given for the defendant thereon, then and in any of the cases aforesaid such defendant shall and may recover full costs of suit as between solicitor and client, and shall have such remedy for recovering the same as any defendant may have for his costs in any other case by law. Costs. Limitation ceedings generally. 82. Where no time is expressly limited within which any ofera pro complaint or information is to be made or laid for any breach or non-performance of any of the requirements of this act, the complaint shall be made or the information laid within twelve calendar months from the time when the matter of such complaint or information respectively arose, or in case the master of any ship is the offender or party complained against, within twelve calendar months next after his return to the country in which the matter of complaint or information arose. XV. APPEALS. (a) 11 VIC. c. 14.] To make provision for the maintenance of good 11 Vic. c. 14. order in towns and communities, and for other purposes. Island Act. ISLD. [December, 1847.] 1847. the chair sessions. 11 Vic. c. 14, sec. 5.] If any person shall think himself Appeals to aggrieved by any conviction of any magistrate, acting in pur- man of suance of this act, such person may appeal to the chairman of quarter quarter sessions for the parish or precinct wherein such conviction shall have taken place, according to the provisions of an act of this Island, 3 Vic. c. 65 (ante), entitled, "For the im- 3 Vic. c. 35. provement of the administration of justice." 11 Vic. c. 30.] Manning's Hill Turnpike. ISLD. [1847.] 11 VIC. c. 30. Island Act. 1847. Parties may appeal. 11 Vic. c. 30, sec. 63.) If any person shall think himself aggrieved by any determination or adjudication of any justice aggrieved or justices under the provisions of this act, such person may appeal to the chairman of quarter sessions for the parish in which such cause of appeal shall have arisen, but no such appeal shall be entertained unless it be made within one month next after the making of such determination or adjudication, and unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, and unless the appellant, within three days' after such notice, enter into recognizance with two sufficient sureties, before a justice conditioned to prosecute such appeal, and to abide the order of and pay such costs as shall be awarded by the said chairman, and also to pay the penalty or forfeiture, in case the conviction should be affirmed. 64.] At the court for which such notice shall be given, Chairman the chairman, upon due proof of such notice and recognizance may appeal having been given and entered into as aforesaid, shall proceed to or adjourn. hear and determine the appeal in a summary way; or he may, if he think fit adjourn it to the following court; and upon the hearing of such appeal the chairman may, if he think fit, mitigate any penalty or forfeiture, or may confirm or quash the adjudication, and order any money, paid by the appellant, or levied by distress (a) Vide 10 Vic c. 37, COURTS OF APPEALS (ante). The omission in sec. 33 of that act of words of reference as to acts thereafter to come in force, has 11 Vic. c. 30. upon his goods, to be returned to him, and may make such order Island Act. concerning the costs, both of the adjudication and of the appeal as he may think equitable. 1847. 11 Vrc. c. 36. Island Act. 1847. Appeal. 11 VIC. c. 36.] Regulation of pawnbrokers. ISLD. [1847.] 11 Vic. c. 36, sec. 31.] If any person shall think himself aggrieved by any conviction of any magistrate in pursuance of this act, such person may appeal to the chairman of quarter sessions for the parish or precinct wherein such conviction shall have taken place, according to the provisions of an act of this island, passed in the third year of the reign of her present majesty, [3 Vic. c. 65.] 14 VIC. c. 46. Island Act. 1851. Parties aggrieved decision of 14 Vic. c. 46.] Trespasses on property. ISLD. [May 23, 1851.] 14 Vic. c. 46, sec. 8.] If any person shall think himself ya peal aggrieved by any determination or adjudication of any justices against the under the provisions of this act, he may appeal to the chairman the justices. of the general quarter sessions of the parish or precinct in which the cause of appeal shall have arisen, but no such appeal shall be entertained unless it be made within three calendar months next after the adjudication or determination, and unless notice of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought; such notice, if in writing, to be served upon or left at the residence of the parties entitled to receive the same, within seven days of such adjudication as aforesaid; and, if a verbal notice, then and in such case to be given in open court immediately after such adjudication as aforesaid; and unless the appellant forthwith, after such written or verbal notice, enter into recognizance with two sufficient sureties before any justice of the peace of the parish in which the offence may have been committed conditioned duly to prosecute such appeal and to abide the order of the court thereon. 14 & 15 VIC. . 79. British stat. 1851. Parties 14 and 15 VIC. c. 79.] Steam navigation. BRIT. [August 7, 1851.] 14 and 15 Vic. c. 79, sec. 45.] If any person shall think himaggrieved self aggrieved by any determination or adjudication of any c 79. 1851. may appeal sessions on justice with respect to any penalty or forfeiture under the 14 & 15 VIC. provisions of this act, he may appeal to the general quarter British stat. sessions for the county or place in which the cause of appeal shall have arisen, but no such appeal shall be entertained unless, within one month next after the making of such determination to quarter or adjudication, ten days' notice in writing of such appeal, stating giving the nature and grounds thereof, be given to the party against security. whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognizances with two sufficient sureties before a justice conditioned duly to prosecute such appeal and to abide the order of the court thereon. make such reasonable. 46. At the quarter sessions for which such notice shall be Court to given, the court shall proceed to hear and determine the appeal order as in a summary way, or they may, if they think fit, adjourn it they think to the following sessions: and upon the hearing of such appeal, the court may if they think fit mitigate any penalty or forfeiture, or they may confirm or quash the adjudication and order any money paid by the appellant or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they judge reasonable, and they may make such order concerning the costs both of the adjudication and of the appeal as they think reasonable. 16 and 17 VIC. c. 107.] Customs' consolidation act. BRIT. [1853.] 16 & 17 VIC. c. 107. British stat. 1853. Limitations 16 and 17 Vic. c. 107, sec. 187.] No appeal shall be prosecuted from any decree or sentence of any of her majesty's courts of appeals. in America touching any penalty, or forfeiture imposed by this or any act relating to the customs, unless the inhibition shall be applied for and decreed within twelve months from the time when such decree or sentence was pronounced. abide an ralty. 188. If any proceedings shall have been or shall hereafter be Security to instituted in any court of Vice-Admiralty or other competent court appeal from iu any of her majesty's possessions abroad against any ship, vessel, vice admiboat, goods, or effects, for the recovery of any penalty or forfeiture under this or any act relating to the customs, the execution of any sentence or decree restoring such ship, vessel, boat, goods, or effects to the claimant thereof, which shall be pronounced by the said Vice-Admiralty Court in which such proceedings shall have been prayed shall not be suspended by reason of any appeal which shall be prayed and allowed from such sentence; Provided, That the party or parties appellate shall give sufficient security to be approved of by the court to render and deliver the ship, vessel, boat, goods or effects, concerning which such |