c. 41. Island Act. 1837. offence shall have been committed, for the use of such city, 7 Wm. IV. parish, or precinct; and the evidence of any inhabitant of the parish, city, or precinct shall be admitted in proof of the offence notwithstanding such application of the fine incurred thereby, and if such fine as shall be awarded by the said justices, together with the costs (if ordered), shall not be paid either. Two justices weekly or For the purposes of carrying into effect the summary power given by this act, Be it enacted, That it shall and may be lawful for two justices of the peace, and they are hereby required to associate to associate themselves together in petit sessions, in some con- oftener for venient place, once in every week, or oftener if necessary to the trial of hear and determine all such offences, where, on conviction of offences. the offender, the fine imposed does not exceed £5, or the term of imprisonment does not exceed thirty days. (a) 7 Wм. IV. and 1 VIC. c. 36.] tive to offences against the post office For consolidating the laws rela- minor & 1 VIC. c. 36. 1837. and mode of before jus act. 7 Wm. IV. and 1 Vic. c. 36, sec. 13.] Any justice of the peace having jurisdiction where the offence shall be committed, may 7 WM. IV. hear and determine any offence against the post office acts, which may subject the offender to a pecuniary penalty not British stat exceeding £20; and any such justice shall, upon information given or complaint made before him, summon the parties Jurisdiction accused, and also the witnesses on either side, to be and appear proceeding before him, or before any other justice of the peace, at a time tices under and place to be appointed for that purpose; and either on the post office appearance of the party accused, or in default thereof, the justice present at the time and place appointed for such appearance may proceed to examine into the matter of fact, and upon due proof made thereof by voluntary confession of the party, or by oath of one witness or more, may give judgment for the plaintiff or complainant, or for the defendant; and, if for the plaintiff or complainant, such justice may award and issue out his warrant for the levying of the penalty so adjudged, together with the costs and expenses of such proceeding, and also the costs and expenses of such warrant and of levying the same on the goods of the offender, and may cause sale to be made of such goods in case they shall not be redeemed within five days, rendering to the party the overplus (if any); and where goods of such offender cannot be found sufficient to answer the penalty, and all such costs and expenses, the justice shall commit the offender to the common gaol or house of correction, there to remain for any time not less than three calendar months, and not exceeding six calendar months, if the full penalty imposed (a) See ASSAULTS. (Post.) & 1 VIC. 1837. Appeal. 7 WM. IV. by the post office acts for the offence of which such offender c. 36. shall have been convicted, shall amount to the sum of £20; and British stat. for any time not exceeding three calendar months, if such penalty shall not amount to £20, unless such penalty and all such costs and expenses shall be sooner paid: and if the person convicted shall find himself aggrieved by the judgment of any such justice, he may appeal against the same to the justices of the peace at the general or quarter sessions of the peace for the county or place within which the offence shall be committed, which shall be held next after the expiration of ten days from the day on which such conviction shall have been made, of which appeal notice in writing shall be given to the prosecutor or informer seven clear days previous to the first day of such sessions; and such justices, at such sessions, may examine witnesses upon oath, and finally hear and determine such appeal; and, in case the judgment of the justice shall be affirmed, the justices, at such sessions, may award and order the person appealing to pay such costs, occasioned by such appeal, as to them shall seem meet: Provided always, that no person convicted before a justice shall be permitted to appeal against such conviction, unless within five days next after such conviction made he shall enter into a recognizance, with two sufficient sureties, before such justice, to enter and prosecute such appeal, and to pay the amount of the penalty and costs in which he shall have been convicted, and also to pay such further costs as shall be awarded in case such conviction shall be affirmed on the hearing of such appeal: Provided also, That no such proceedings, so to be had or taken, shall be quashed or vacated for want of form, or for any error or mistake which, in the judgment of the court, has not a tendency to mislead the defendant; or shall be removed by certiorari, suspension, advocation, or reduction, or by any other writ or process, into any superior or other court or jurisdiction'; any law or usage to the contrary notwithstanding. (a) Proviso. Justices shall receive share of penalties, and pay same to peace, to be post office. 16. Every justice of the peace, before whom a person shall the crown's be convicted of an offence against the post office acts, shall take the penalty, or share of the penalty belonging to her majesty, levied or paid under such conviction, and shall pay, or cause to clerk of the be paid, all such sums of money which he shall so take at the remitted to next general or quarter sessions of the peace, after he shall have so taken the same, into the hands of the clerk of the peace, town clerk, or other such officer of the county or place within which such conviction shall have been made, who shall, within fourteen days after his receipt thereof, and without fee or reward, pay or remit the same, for the use of her majesty, to the solicitor of the post office, at the post office in London, Edinburgh, or Dublin, as the conviction shall happen to be in England, Scotland, or Ireland, respectively; and every such (a) Secs. 14, 15. See PENALTIES-FORFEITURES. (Post.) & 1 VIC. c. 35. British stat. 1837. Penalty for justice shall, within one week after every such payment made by 7 WM. IV. him to a clerk of the peace, town clerk, or other such officer, transmit to such solicitor a schedule containing the name of the person so convicted, the nature of the offence, and the amount of the penalty in which he shall have been convicted, the date of such conviction, and the sum of money which shall have been paid by virtue thereof, together with the name of the clerk of the peace, town clerk, or other such officer to whom he shall have paid the same; and every justice who shall omit to pay, or cause to be paid, to such clerk of the peace, or other officer, as omission. aforesaid, at the time and in the manner hereinbefore directed, any such penalty, or share of penalty, received by him, or, upon payment thereof, shall omit to transmit to the proper solicitor of the post office such schedule, and every clerk of the peace, town clerk, or other officer who shall omit to pay, or remit, the penalty, or share of penalty, to such solicitor of the post office within the time, and in the manner herein before directed in that behalf, shall forfeit £50. 1 VIC. c. 38.] An act for the registration of porters and car-1 Vic. c. 38. riers. ISLD. [24 March, 1838.] Island Act. 1838. of justices act. 1 Vic. c. 38, sec. 11.] If any person shall offend against this Jurisdiction act, it shall be lawful for the sitting magistrates of Kingston, or under this any two justices in the other parishes, to inflict such punishment upon the offender as they, in their discretion, shall think fit, by fine not exceeding £5, to be levied by distress and sale of the offender's goods, and, in default of payment, by committal to the common gaol or house of correction of the parish, with or without hard labour, for any period not exceeding fourteen days. 4 VIC. c. 26.] For the better regulation of gaols and prisons in 4 Vic. c. 26. this island. Island Act. ISLD. [19th December, 1840.] 1840. justices to nated. duties. 4 Vic. c. 26, sec. 6.] The justices of the several parishes in Visiting quarter or special sessions assembled shall and they are hereby be nomirequired to nominate two or more justices who shall consent thereto, to be visitors of each gaol, house of correction, or other Their prison within their jurisdiction, or to arrange if they shall see fit among themselves to do such duties in turn; and one or more of the visiting justices so appointed, or having consented to do such duty, shall personally visit and inspect each prison and house of correction or other prison, once every day, if it shall be practicable and expedient, and shall examine into the state G Island Act. 1840. 4 Vic. c. 26. of the building so as to form a judgment as to the repairs, additions, or alterations which may appear necessary, strict regard being had to the classification, inspection, instruction, employment, or hard labour required by this act; and shall further examine into the behaviour and conduct of the respective officers and the treatment, behaviour, and condition of the prisoners and inmates, the means of setting them to work, and of all abuses within the gaol, house of correction, or prison; and in matters of pressing necessity, and within the power of their commission as justices, shall take cognizance thereof, and proceed to regulate and redress the same. Any justice of the face may visit and report abuses. 7. It shall be lawful for any justice of the peace, of his own will and pleasure, without being appointed a visitor, to enter into, prisons, and examine every gaol, house of correction, or other prison of such parish, for which he is a justice, at such time or times, or so often as he shall see fit; and if he shall discover any abuse or abuses therein, he is hereby required to take into immediate consideration such abuse or abuses, and to report them, in writing, at the next meeting of the court of quarter or special sessions, within his jurisdiction; and the justices of the several parishes are hereby required to adopt the most effectual measures for inquiring into, and rectifying such abuse or abuses, as soon as the nature of the circumstances will allow. appoint 8. It shall and may be lawful for the justices of the several parishes, and they are hereby empowered and required, to nominate such keepers, superintendents, taskmasters, and other Justices to officers, as to them may seem expedient, for every prison or keepers and house of correction, or other place used for the confinement of prisoners within their jurisdiction, to which this act shall extend, except the keeper and officers of the three county gaols, and to remove, as occasion may require, all officers so by them nominated and appointed, in order that no inefficient officer shall be continued in employment. other offi cers, save of county gaols. They are to surgeon to sician or and every appointed, 12. The justices of the several parishes shall, and they are appoint a hereby empowered and required, from time to time, to appoint each prison. a surgeon to each of the parochial gaols, houses of correction, Every phy- and other prisons within their jurisdiction; and every physician surgeon of a or surgeon of a county gaol, and every surgeon so appointed, county gaol, shall and he is hereby required to visit every prison, or house of surgeon so correction, to which he shall be appointed as is required by this to visit pri- act, and to report, every court, in the case of county gaols, to the morning, grand or assize courts, and in respect to other prisons, every three months to the courts of quarter or special sessions in the several parishes, the condition of the gaol, house of correction, or other prison, and the state of the health of the prisoners and inmates under his care; and he shall keep a journal, in which he shall enter the date of every attendance in the performance of sons every and make quarterly reports. He is to keep a Island Act. 1840. journal in which is to be inspected his duty, with any observations which may occur to him in the 4 VIC. c. 26. execution thereof; and such journal shall be kept in the prison, and shall be laid before the justices for their inspection, at the courts of quarter or special sessions of every parish, every three the prison, months, and shall be signed by the chairman of the court of quarter or special sessions, in proof of their having been there every three produced; and the clerk of the peace for each parish is hereby directed to send to the governor or person exercising the function of governor for the time being, within one week after such report shall be made, a copy thereof, certified by the justice presiding at such court. months. Prisoners not sen hard labour, as shall themselves, to be set to 14. And whereas persons convicted of offences are frequently sentenced to imprisonment, without being sentenced to hard tend to labour: Be it enacted, That it may be lawful for two or more except such visiting justices of any prison to order that all such persons maintain confined in such prison, in pursuance of any sentence or conviction (except such prisoners as shall maintain themselves), shall some work, be set to some work or labour not severe; and where there shall be no work or labour to which to apply the said prisoners, they shall be made to walk during portions of the day, in the manner the justices of the several parishes in quarter or special sessions shall determine. &c. Justices, governor quired of sons, and 33. The justices or other persons having authority over any &e to send of the said gaols, houses of correction, or prisons, shall from time returns to to time, as may be required by the governor, send a return of the when restate of such gaol, house of correction, or prison, and the condi- the state tion of the prisoners, confined therein in such form as shall, from such pritime to time, be directed by the governor, with the advice of the condithe privy council of this island, and a statement of the establish- prisoners, ment of officers and servants employed therein, specifying the number and description of such officers and servants, the salaries establishand emoluments of each, and by whom such officers and servants officers, &c. respectively are appointed. tion of the and a state ment of the ment of required, a prisons. No or built 34. The justices, or other persons having authority over such Also when gaol, house of correction, or prison, shall, when so required, send plan of such to the governor a plan of the gaol, house of correction, or prison, prisons to drawn upon a scale of not less than one-sixteenth of an inch to be enlarged a foot; and it shall not be lawful to enlarge, build, or rebuild without a any such prison, until a plan upon the same shall shall have previously been sent to the governor, showing the intended buildings and sent to him. additions, or until the governor shall have subscribed a certificate approving such plan. plan being |