페이지 이미지
PDF

shall, within one month after the passing of this act, at a special nvic.c.45.

. iiiini • 111 Ieland Act.

meeting to be held tor that purpose, appoint a second collector -^-^^_ of petty debts for the said city and parish of Kingston, for the 1853service and execution of the process of Kingston, under this £,i*ec°"din and the said former acts relating to small debts, and such last Kingston to

. 1 11 . .3 1 • • i l be appolnt

mentioned collector on entering into the security required under cd within this act, shall be invested with all the powers, and be entitled to one mon 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.

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 rcturn.'or 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 doty. 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.

18. If any collector be charged with extortion, or with not justices to duly paying or accounting for any money levied or received by f^""^1" him, any two justices of the peace of the parish in which the "paymoney

rx> 1 ti 1 11 i 11 • 1 1 11 • • extorted, or

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- p^aity an" ment of any monev levied or received, together with all reason- jentence to

. . * . . .-.. . . . ' o naid labour.

able costs and in addition they may impose a penalty not exceeding on convictwenty pounds on such collector, and in default of immediate iJc"or°to be payment thereof to sentence him to be imprisoned in the nearest djr<1,he'lied gaol or house of correction, with or without hard labour for any tai*TM. 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.

19. If any collector shall, by wilful default or connivance, or JustiTM by neglect or omission, lose the opportunity serving, levying, or S°to"o executing any process issued to him for service or execution, any «ah)icm°hnei(;" two justices of the peace of the parish in which such neglect or basiTMtthe omission may take place, upon complaint, and on due proof ofexecuting thereof, may order and adjudge such collector to pay to the en?o"c'e>payparty complaining the sum or sums of money sought to be fn,6"^1, recovered by such warrant or other process, or to such part thereof, fine tor use as such justices shall think proper, and may enforce payment ° pRr *' 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

duty.

Viand "a"' *'on tlieretoJor m the fir8* instance, at their discretion, impose afine w*-v^^!> on the collector not exceeding five pounds for each such offence, 18S3. ana* 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, Prodded, 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, 20. On the removal, resignation, or dismissal of any collector ire'torta'to under this act, he shall deliver over to his successor all sumde;ivcrpro- mouses, or warrants, or proceedings, which may then be in his

cess to hie' » r t> > J

ruccowor. hands unserved or unexecuted, and such successor shall act uix>n

Sureties not i ■ r» l_ . i

dt»char,,ca and intorce such process, summonses, or warrants, and prc~ Siuy'fur ceedings in like manner, as if they had been originally directed breach of t0 ]\\m, 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 hereinbefore directed.

WARRANT FOR AMOUNT OF DEBT AGAINST COLLECTOR.

Schedule 8. Name of parish

To policeman and constable of the parish of

You an' hereby required on sight hereof forthwith to levy the sum of being the amount of a certain claim in which

is plaintiff and is defendant, adjudged

by us in favour of the said against tlie

collector of petty debts for wilful neglect and omission in his duty in that behalf, together with the sum of for

charges, upon the goods {except the necessary wearing apparel and tools of trade) of the said and you are

also required to sell the goods so distrained within the space of one week from and after such levy, and out of the proceeds thereof to satisfy the claim qj the said together

with the charges aforesaid, and to return any overplus to the said and for want of such distress, or of

a sufficient distress, you are hereby required to arrest the said by his body anil convey him to the nearest

gaol, there to remain for the space of dxiys,

or till he shall have satisfied the said sum and all charges

aforesaid or be otherwise discharged by due course of law, Jjjjjsjjl and for so doing this shall be your sufficient warrant. v—-v~^

Given under our hands and seals this day 18s3

of one thousand eight hundred and

WARRANT FOR PENALTY AGAINST COLLECTOR.

Name of parish or precinct

To policeman and constable of the parish of schedule 9.

You are hereby required on sight hereof, forthioith to levy the sum of being the amount of a certain fine adjudged by us

against being a collector of petty debts of the

said parish, for that he the said . did receive a certain

summons for service (or warrant for execution) at the suit of
against and wilfully neglected

and omitted to serve (or execute) the same (or if the default be
non-payment of money then) and having received the money
due thereon, wilfully neglected and omitted to pay over the same
to the plaintiff therein, according to law (or if the charge be
for not mahing a return) did receive certain summonses and
warrants for service and execution, and wilfully neglected and
omitted to make the return required by law upon the goods
and chattels (except the necessary wearing apparel arid tools of
trade) of the said and you are also required

to sell the said goods so distrained within the space of one week
from and after such levy, and out of the proceeds thereof,
after payment of the sum of the costs and

charges on the warrant to pay the said fine to the treasurer or
collecting constable of the said parish, and for want of such
distress or of a sufficient distress you are to convey him to the
nearest gaol there to remain for the space of
days, or till he shall have satisfied the said sum and all
charges, or be otherwise discharged by due course of law, and
for so doing this shall be your sufficient warrant.

Given under our hands and seals, this day of

in the year of our Lord at

in the parish aforesaid. J. S.

PROTECTION OF MAGISTRACY.

7jamk8 1. 7 James I. c. 5.] An act for ease in pleading troublesome and EngLttat contentious suits prosecuted against justices of the peace, mayors, constables, and certain other his majesty's officers, for the lawful execution of their office, (a)

Engl. [1609.]

[ocr errors]

The piea of 7 James I. c. 5.] For ease in pleading against many ^repleaded causeless and contentious suits which have been and daily are execution of commenced and prosecuted against justices of the peace, mayors, office, or bailiffs of cities and towns corporate, headboroughs, port-reves, constables, tithingmen, collectors of subsidies and fifteens, who for due execution of their office have been troubled and molested, and still are like to be troubled and molested, by evil-disposed contentious persons, to their great charge and discouragement in doing of their offices: Be it therefore enacted, That if any action, bill, plaint, or suit, upon the case, trespass, battery, or false imprisonment, shall be brought after forty days next after the end of this session of parliament, in any of his majesty's courts at Westminster or elsewhere, against any justice of peace, mayor, or bailiff of city or town corporate, headborough, port-reve, constable, tithingman, collector of subsidy or fifteens, for or concerning any matter, cause, or thing, by them or any of them done by virtue or reason of their or any of their office or offices, That it shall be lawful to and for every such justice of peace, mayor bailiff, constable, or other officer or officers before named, and all others which in their aid or assistance, or by their commandment, shall do any thing touching or concerning his or their office or offices, to plead the general issue, that he or they are not guilty, and to give such special matter in evidence to the jury which shall try the same, which special matter being pleaded had been a good and sufficient matter in law to have discharged the said defendant or defendants of the trespass, or other matter Defendant laid to his or their charge: And that if the verdict shall pass double coata with the said defendant or defendants in any such action, or the plaintiff or plaintiffs therein become nonsuit, or suffer any discontinuance thereof, That in ever such case thejustice or justices,

(a) Made perpetual by 21 James I. c. 12. {Post.)

or such other judge before whom the said matter shall be tried 7j*«mi. shall by force"and virtue of this act allow unto the defendant or Engi.'a'ut. defendants his or their double costs.which he or they shall have ~~~~7£T^ sustained by reason of their wrongful vexation in defence of the said action or suit; for which the said defendant or defendants shall have like remedy as in other cases where costs by the laws of this realm are given to the defendants.

13 Vic. C. 15.] To protect justices of the peace from vexatious u vicc.is. actions for acts done by them in the execution of their office. ^^J^L>

Isld. [December 20, 1849.] Imp.

13 Vic. c. 15, sec. 1.] Whereas it is desirable to protect justices preamble. of the peace in the execution of their duty: lie it therefore For an act. enacted, That every action hereafter to be brought against any wuli^iuT justice of the peace for any act done by him in the execution of j^*^"' his duty as such justice, with respect to any matter within his snail boon jurisdiction as such justice, shall be an action on the case as for and it shaii a tort; and in the declaration it shall be expressly alleged, that ^J"'fed such act was done maliciously, and without reasonable and probable bec" d<"";

, •/. . i . . , J. i. i1 i maliciously,

cause; and if, at the trial ot any such action, upon the general and without issue being pleaded, the plaintiff shall fail to prove such allega- SISi e tion, he shall be nonsuit, or a verdict shall be given for the defendant.

2. For any act done by a justice of the peace, in a matter of For <mact which, by law, he has not jurisdiction, or in which he shall have without 0TM exceeded his jurisdiction, any person injured thereby, or by any "r"ddctioii, act done under any conviction or order made, or warrant issued a" ;lc,lion by such justice, in any such matter, may maintain an action maintained, against such justice in the same form, and in the same case, as ruchaliegahe might have done before thepasing of this act, without making li'"'• any allegation in his declaration that the act complained of was done maliciously, and without reasonable and probable causes Provided nevertheless, That no such action shall be brought for but not for any thing done under such conviction or order until after such u'lXraconconviction shall have been quashed, either upon appeal, or upon ^^"unin application to the supreme court of judicature of this island ; TMchTM"'icnor shall any such action be brought for any thing done under simii hare any such warrant, which shall have been issued by such justice, qu^bod. to procure the appearance of such party, and which shall have been followed by a conviction or order in the same matter, until after such conviction or order shall have been so quashed Nor as aforesaid; or if such last-mentioned warrant shall not have act done been followed by any such conviction or order, or if it be a warrant to warrant upon an information for an alleged indictable offence, ,ppepaerallcei nevertheless if a summons were issued previously to such warrant,lf a 8um

r * menu were

« 이전계속 »