Island Act. 1851. priation of the suma 16 Vic. c. 3. secretary of police the necessary vouchers and receipts, duly accounting for the appropiation and payment of the sum so received; and the secretary of police shall give notice to the receiver-general, in case of any neglect or omission in this respect; and until the due delivery of such vouchers and receipts, as aforesaid, the receiver-general shall not pay further sum for any ther sum to succeeding quarter, for such contingencies, to the inspector, or Buch vouch- inspectors, so neglecting or omitting to deliver the proper vouchers and receipts for the previous quarter. allowed for contingencies, and no fur be paid until. ers are transmitted to receivergeneral. Actions must be in matter charged POLICE-ACTIONS AGAINST. 38. Every action hereafter to be brought against any inspector, sergeant, or private of the police force for any act done by the case and him with respect to any matter within his jurisdiction, shall be an action on the case as for a tort; and in the declaration it shall be expressly alleged that such act was done maliciously and wilfully and without reasonable and probable cause or any apparent necessity, or right, or alleged or implied authority; and if at the trial of any such action upon the general issue being pleaded the plaintiff shall fail to prove such allegation he shall fail he shall be nonsuit or a verdict shall be given for the defendant. therein as done wilfully and maliciously. General issue may be pleaded. If plaintiff be nonsuit. Actions against 40. No action shall be brought against any inspector, sergeant, or private, for anything done by him in the execution of his Police must office, unless the same be commenced within two calendar be brought months after the act complained of shall have been committed. within two months after act complained of. be laid in the county where act was com mitted. 41. In every such action commenced against against any Venue must inspector, sergeant, or private of police in the supreme court, the venue shall be laid in the county where the act complained of was committed; or in actions in the common pleas, the action must be brought in the court within the parish or precinct in which the act complained of was committed; and the defendant shall be allowed to plead the general issue, and to give any special matter of defence, excuse, or justification in evidence under such plea at the trial of such action. Police not to be responsible for irregu larity of warrants. 39. When any action shall be brought against any constable, policeman, or police officer for any act done in obedience to the warrant of any justice, such constable, policeman, or police officer shall not be responsible for any irregularity in the issuing of such warrant, or for any want of jurisdiction in the magistrate issuing the same, and such constable, policeman, or police officer may plead the general issue and give such warrant in evidence; and upon producing such warrant and proving that the signature thereto is in the handwriting of the person whose name shall or signature appear subscribed thereto, and that such person is reputed to be judgment to and acts as a magistrate of such parish or precinct (as the case may be), and that the act or acts complained May give warrant in evidence, and on proof be for defendant with costs. Island Act. 1851. must produced of were done in obedience to such warrant, the jury who 15 Vic. c. 3. shall try the said issue shall give a verdict for such constable, policeman, or police officer, and such constable, policeman, or police officer, shall recover his costs of suit: Provided always, Warrant That any policeman, or police officer, or constable acting under be the authority of this act, if required so to do in the execution of when any warrant to him directed, produce the same to the party or parties taken into custody thereunder, either at the time of the caption, or at any time afterwards, while the warrant remains in his custody. required. 55. This act shall commence and be in force on and from the Duration of 1st day of January, 1852, until the 31st day of December, 1854. at Dec. 31, 1854. 66 Island Act. 15 VIC. c. 31.] In aid of " An act to organize a general police 15 Vic. c. 51. and constabulary force." ISLD. [1852.] 1852. in each senior ser by the One senior 15 Vic. c. 31, sec. 1.] Whereas it is expedient, and will improve the efficiency of the said force, to provide additional pay for a certain number of sergeants: Be it therefore enacted, That it Inspectors shall be lawful for each of the several inspectors appointed under to appoint the said act, and he is hereby required to nominate and appoint, parish or out of the force already established, one senior sergeant in each district one parish, or city and parish, under his charge, subject to the geant, to be approval of the governor, or person exercising the functions of approved of governor, for the time being; and every such inspector shall, governor. immediately on such nomination and appointment being made by him, as aforesaid, transmit for approval, or otherwise, the Proviso. name of each and every person so nominated and appointed, as sergeant to aforesaid, to the governor, or person exercising the functions of be appinted governor, who may at his pleasure confirm or reverse such mountain appointment: Provided, That there shall be one such senior one for the sergeant for the mountain district of Port Royal, and one senior trict of Port sergeant for the town of Port Royal: And provided always, That Royal; may the said senior sergeants shall be liable to suspension or dismissal ed or disfrom the service in like manner, and with the same reservation as to approval, as any other sergeant or private, under the provisions of the said recited act, and shall be subject, in all other respects, as any other sergeant or private, to the provisions of senior serthe said recited act. for the district, and town dis be suspend missed as any other sergeants. Pay of such geants at the rate of £60 per annum. Whole sergeants, 2. The pay of the said senior sergeants shall be at and after Proviso. the rate of sixty pounds per annum, in full of salary, pay, rations, number of clothing (except as otherwise expressly provided in the said including recited act), and all other contingencies: Provided, That the the senior whole number of sergeants of the said police force, including the not to ex sergeants, ceed 41. 15 Vice 31. twenty-three senior sergeants appointed under this act, shall not Island Act. exceed the number of forty-one, as fixed under the said recited 1852. Duration of act Dec. 31, 1854. act. 3. This act in force until thirty-first of December, 1854. 16 VIC c. 45. Island Act. 1853. Justices and vestries to elect one or more common COLLECTION OF PETTY DEBTS. 16 VIC. c. 45.] To regulate the recovery of small debts.(a) ISLD. [April 19, 1853.] 16 Vic. c. 45, sec. 14.] The justices and vestry of the several of parishes parishes of this island shall, at the usual period of electing parochial officers in each year elect for each parish one or more coctors, fit and competent person or persons, as the exigencies of each council of parish may seem to require, and the common council of Kingelect two. ston shall, at such period, elect for the said city, two fit and comto enter into petent persons as the collectors of petty debts, and no summons, security, &c. warrant, or other proceeding under this act, shall be directed Kingston to Collectors to, or executed or served by, any collector, until he shall have given security, in a bond to the crown, with one or more surety or sureties, to be approved of by the justices and vestry, or the common council of Kingston, respectively, at the time of appointment, as aforesaid, or within such other period as may be fixed on that behalf, in the penal sum of two hundred and fifty pounds, in the several parishes of this island, other than Kingston, and in the penal sum of five hundred pounds in the city and parish of Kingston, for the due execution by such collector and his deputies, of the duties of such office, and for accounting and paying over all monies collected by or paid to him or them, or which shall otherwise come to his or their hands, in the execution, or by colour of the said office, and which said bond shall stand cautionary for all sums of money to be received and collected by such collector, notwithstanding the sums so received may amount in the aggregate to a sum exceeding the amount of the penalty of the said bond; and the same shall be used for, enforced, and recovered in a summary manner by a summons, according to the form annexed to this act, as and for monies had and received to the use of the plaintiff; and on proof of the bond and of the amount so received by the said collector, or his deputies, under and by virtue of any process issued under this act, judgment shall be given and awarded against the said collector and his surety and sureties, in favour of the plaintiff suing for the same, and shall be enforced against them or either of them. 15. The common council of the city and parish of Kingston (a) As to this act generally, vide CoURTS OF JUSTICES OF THE PEACE. (Ante.) Island Act. 1853. lecturi Kingston to collector in be appoint shall, within one month after the passing of this act, at a special 16 Vic. c. 45. meeting to be held for that purpose, appoint a second collector of petty debts for the said city and parish of Kingston, for the service and execution of the process of Kingston, under this and the said former acts relating to small debts, and such last mentioned collector on entering into the security required under ed within this act, shall be invested with all the powers, and be entitled to all the fees and privileges, and be subject to all the pains and penalties hereby provided for and imposed upon the collector of petty debts to be appointed under the provisions of this act. one month. collector return, or forming 17. In every case of neglect or omission to make such return, Penalty on or in the performance of any duty on the part of any collector neglecting not otherwise provided for under this act, the offending collector to make shall be liable to a penalty of ten pounds, to be recovered in a not persummary manner before any two justices of the peace of the duty. parish in which such neglect or default shall be made, and in default of payment of such fine or penalty, to be imprisoned in the nearest gaol or house of correction, with or without hard labour, for any period not exceeding thirty days. order col extorted, or not duly may impose hard labour. 18. If any collector be charged with extortion, or with not Justices to duly paying or accounting for any money levied or received by order to him, any two justices of the peace of the parish in which the repay money offence shall be alleged to have been committed shall inquire pay money into such charge, and upon being satisfied of the truth thereof, paid, and shall order the repayment of any money extorted, or the pay- penalty and ment of any money levied or received, together with all reason- sentence to able costs and in addition they may impose a penalty not exceeding on convictwenty pounds on such collector, and in default of immediate lector to be payment thereof to sentence him to be imprisoned in the nearest disqualified gaol or house of correction, with or without hard labour for any future. period not exceeding three months, and every such conviction (unless and until reversed) shall operate to discharge such collector from his office, and to disqualify him from holding the office for any parish for the future. tion col for the may order opportunity and may enforce pay ment or 19. If any collector shall, by wilful default or connivance, or Justices by neglect or omission, lose the opportunity serving, levying, or collector to executing any process issued to him for service or execution, any pay monies two justices of the peace of the parish in which such neglect or has lost the omission may take place, upon complaint, and on due proof ofexecuting thereof, may order and adjudge such collector to pay to the party complaining the sum or sums of money sought to be recovered by such warrant or other process, or to such part thereof, as such justices shall think proper, and may enforce payment thereof, together with all costs thereon, by warrant, in the form annexed to this act, and for want of a distress, or of a sufficient distress, to commit such collector to the nearest gaol, for any period not exceeding thirty days, and the justices may, in addi impose a fine for use of parish. Island Act. 1853. 16 VIC.c. 45. tion thereto, or in the first instance, at their discretion, impose a fine on the collector not exceeding five pounds for each such offence, and to enforce such fine, together with all costs thereon, either by the original warrant or by a further warrant, according to the form annexed to this act, and for want of a distress, or of a sufficient distress, to commit such collector to the nearest gaol for any period not exceeding thirty days, such fine to be paid to the treasurer, or collecting constable of the parish, in which such collector shall be appointed, to be appropriated to the use of the poor of the said parish, Provided, That nothing herein contained shall exonerate the surety or sureties of such collector from the penalty of his or their bond in such default. On removal, &c., col lector is to deliver pro cess to his successor. Sureties not from lia breach of 20. On the removal, resignation, or dismissal of any collector under this act, he shall deliver over to his successor all summonses, or warrants, or proceedings, which may then be in his hands unserved or unexecuted, and such successor shall act upon discharged and inforce such process, summonses, or warrants, and probility for his ceedings in like manner, as if they had been originally directed to him, and the sureties of such collector so removed or dismissed, or who shall have resigned, shall not be discharged from their bond in respect of any breach of duty which may have taken place previously to the transfer of the same to the successor of such collector, nor until such summonses, or warrants, and proceedings shall have been delivered over, and the provisions of this act complied with as herein before directed. duty. WARRANT FOR AMOUNT OF DEBT AGAINST COLLECTOR. Schedule 8. Name of parish To policeman and constable of the parish of You are hereby required on sight hereof forthwith to levy the sum of against the for by us in favour of the said said days, gaol, there to remain for the space of |
