K6T 10 r\cc Qlnrtt^U ICatu ^rliool ffiibratrg ma,:,;i;S.te,o<:Jama,ca:,ro.33 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017319843 DIGEST OF THE LAWS OE JAMAICA. PRINTED BY M. DE CORDOVA & CO., THE GLEANER OFFICE, KINGSTON, JAMAICA. A DIGEST OP THE LAWS OF JAMAICA, FROM 33 CHARLES II. TO 28 VICTORIA ; BT JAMES nmi ATTOMEY-AT-LA W. JAMAICA : M. DECORDOVA, MoDOUGALL, & CO., PUBLISHERS. 1865. 2 Z 'ilSI TO HIS EXCELLENCY EID"S7V"-A.JRID JOmsT E^STRE, ESC^-, GOVERNOR OF THE ISLAND OP JAMAICA, (ko., &C., THIS WORK IS RESPECTFULLY DEDICATED BY; HIS EXCELLENCY S MOST OBEDIENT HUMBLE SERVANT, JAMES MINOT. PEEEACE. THIS compilation is the result of many years' labour, but without the aid of a Legislative Grant, and the hope of further assistance from the same source, l£e publication would not have been hazarded. It has been the endeavor of the compiler to furnish, within the compass of a portable volume, a copious Digest of the Laws of this Island, now prac- tically in force, with abstracts of, or references to other existing enactments not abridged, and to supersede the necessity of reference to the ponderous quartos in which they lie scattered. With this object, it will be found that the several Acts, affecting. Public, Military, Naval, and Parochial property, the Division of the Island into Parishes, and the Police Regulations of the several Towns, are, with few exceptions, only briefly abstracted. They have, however, been all collected and arranged under appropriate heads, in case it should be deemed advisable to amend, simplify and consolidate them, and to bring the laws relating to the Police Regulations of the several Towns into harmony with each other, and with recent legislation ; and thereby to remove from our Statute Book about 140 Acts. The clauses of the several Acts in operation which establish or incorpo- rate public companies are digested only so far as they concern the commu- nity. In other respects they are private Acts. They are all but such as relate to abandoned undertaking referred to under appropriate heads. # . The only Acts in force which are altogether unnoticed, are those relating to Insolvent Debtors, the Police, the Post Office and the Registrar in Chancery, which are all on the point of expiry and must be subjects for legislation in the present Session. If the Legislature consider the conti- nuance of this work deserving the encouragement of a small annual grant, the present Acts, ixnless superseded, will be introduced into a Supplemental Digest of the Laws of the Session, along with the Acts continuing them in force. The Chronolegical Table of Acts, will afford, at a glance, ready and complete information respecting the existing state of our Laws, and of the Acts or clauses no longer in operation or not requiring abridgment. It dispenses with the necessity of noticing elsewhere merely repealing Acts or clauses. Kingston, Jamaica, November, 1865. CONTENTS. Page Abate'ment, Pleas in 1 AccesBories " Accounts Produce and Accounts Current 2 Account, Action of. " Adminietrations, Petty . . " Admiral's Penn 5 Aliens ■ " Amendments 6 Appeals -■ B Apprenticeship of Minors 15 Apprentices, Parish 16 Apprentices under 16, convicted of oer- tajn Larcenies 19 Arbitration Aims and Ammnnition SO Arrest Arsenic, Sales of 23 Assembly.. 25 Attainder 41 Attorney-General " Attorneys-at-Law " Audit of Public Accounts 42 Autrefois, Acquit or Convict 45 47 48 50 51 Banks Barristers Bath, St. Thomas the Apostle Benefit of Clergy ...... Billiard Tables, Public .. Bills of Exchange, Promissory Notes Blasphemy Board of Works Bonds Botanic Garden, Bath . . Boundaries disputed Broad Seal . Building Societies •- " Cayman' Islands 56 Chancery Deposits 57 Charitable Grants 58 Charities, Perpetual Annuities " Circuit Cdurts 59 Clergy.... - 64 Clerks of the Peace and Magistrates 80 Clerk Supreme Court and Crown 83 Clerk of the Warrants . . 85 Coin " Collectors of Dues 86 Combinations 91 Commissions of Attomies, &c 92 PA6E Commissions de bene esse 93 Commissions, Foreign .. " Commissioners to take AfBdavits " Commissions Special for Trial of Offences 93 Companies Incorporated 94 Companies, Winding up ] 00 Comillexioual Distinctions 106 Constables " Constabulary Force " Constables, special 109 Contingent and Executory Interests, Eights of Entry, Future Interests 110 ' Copyright Ill Coroners.. 112 Costs .. 113 Counties .. ' 116 Court of Chancery 117 Courts of Common Pleas and & Quarter Sessions 124 Court of Ordinary " Court Supreme 127 Court Supreme Pleadings 129 Criminal Punishment. ... 136 Cruelty to Animals 137 Oryers of Courts 138 Ca'rrency Assimilation .. " Customs.. ' Deaths by neglect, &c., Compensation.. 155 Deeds 156 " Probate 157 Defamation " Deodands 159 Dissenters Marriages " Distresses for Bent and Taxes 162 Dividing Fences 163 Dormant Securities 164 Droghers. " Education 166 Ejectment, Lands of small value 167 Emblements . . 170 Error, Writs of 171 Escheats.. 172 European Assurance Society 173 Evidence " Executive Committee .. 177 Executors and Administrators 179 Extent .. 180 Fairnouth Water Company 182 CONTENTS. Page Fasts .... 184 Fines, Forfeitures, Eeoognizances, Debts to the Crown " Fire .... 189 Fishing aud Fowling. .. . , , Borcible Entry and Detainer 191 Foreign Attacnment " Forgery " Forts and Barracli:s, Executive Com- mittee 194 Free Schools, Jamaica " Manchester District 196 Manchester Free School 199 Manning's 201 Munro aud Dickinson's School and Charity " finsea's - 205 St. Andrew's 206 ■St. Jago de la Vega 207 St. James • 208 Titchfield 209 Vere District 211 Woolmer's 214 Friendly Societies 215 Gaii^g. &c. 223 Governor 226 Aide de Camp and Private Secretary 227 Secretary " Gregory's Charity 230 Gunpowder, and Fire Arms " Hackney Coaches Harbours Hawkers and Peddlers Highways, not Main Roads Hogs and Goats HoSdays Horses aud Cattle Husband and Wife, Conveyances by Jamaica Gazette Jamaica Life Assurance Society Jamaica Railway Company Jamaica Spa Jews Judges Judgmebta of CvaUs 232 23b 242 243 255 256 258 Immigrants Chinese, Private expense i!BB Island expense 269 Liberated Africans 271 After 12th October, 1864 273 Education 282 Further Immigration Fund Account, 1861 " Settlements " Import Duties 283 Indictments 287 Industrial Schools 29 1 Infants 297 Inheritance " Initials and Concractiona 299 Insane Prisoners " Interest , Usury " Interpleader 300 Island Curate's Fund 301 307 309 314 315 Page Judgments, Decrees, Orders, &c 317 As in case of Non suit 319 Juries 320 Special 323 Warned on Writs 324 Justices of the Peace " Indictable Offences 325 Summary Convictions 341 Actions against 366 Kingston Aqueduct Corporation Gas Company ». And Liguanea Water Company Police Magistrate Slip Dock Thoroughfares Land Tax, and Quit Rents Landlord and Tenant Larceny, &c. Summarily Punishable Laws of England in Force Laws of the Island Leases, Agreements, Surrenders Legislative Council Legislative, &c.. Printing Lepers License and Registration Duties ; Light Houses, Morant Point Plumb Point Loan Government Perpetual Annuity Loans Guaranteed by Government Immigration £100,000 £500,000 Loans on Island Security Immigration Kingston and Annotto Bay Junction Road Kingston Slip Dock Kingston Thoroughfares Mainroads Parochial Debts Parochial[Debts and Collecting Consta- bles Public Liabilities, 1860 Public aud Parochial Buildings Tramroads Lumber Measurer Lunatic Asylum (new) 367 368 373 377 378 380 382 386 390 406 409 It 411 415 417 417 419 424 425 425 426 316 428 429 430 431 U 432 Mamroads and Bridges 435 Fund t 450 Malicious Imuries to Property 450 Mandamus Prohibition 458 Markets 459 Maroons 461 Marriage 462 Marriages de facto " Martial Law " Masters in Chancery 463 Medical Practitioners " Merchant Shipping 468 Metals, Old ...!!" 469 Military Defenses ... 471 Militia . . ! ! ! 473 Volunteers Milk River Bath 489 497 COSTENTS. si Mines and Minerals Page 497 Page Railways, Conveyance of Mails ^U Mining Companies Mining Leasee (( ' Conveyance of H. M SV. Forces, Militia and Police 614 Mprgages Mutusr Debts, setoff (( Receiver General 615 500 Monies Transfer ^23 Records, Public 624 Naval Officer 500 Rectors' Fund " Service (( Religious Worship, Dissenters 628 Replevins " Stores 501 Notaries Public 11 Retired Judges and Chairman of Quarter Sessions _ 629 Oaths, Affirmations, i)eolarations . 502 Rewards for meritorious Conduct '• Riots 630 Robertson's Maps 631 Rogues and Vagabonds. . 632 Roman Catholics 634 Obeah and My alism Obligations, 20 Tears Dormant Offences against the Person 503 503 504 Parishes 511 Royal Mail Steam Packet Company 635 Rum aud Spirits " Clarendon « Duties ; 636 Hanover a Methylated " Kingston Manchester 512 Duty Collection 637 Warehouses 657 Metcalfe (( Licenses 661 Portland <( St. Doming® or Hayti 668 Fm Royal SeaJidrew 513 Salvage " Savings' Banks 670 St.'Ann Seamen 673 St. Catherine (( Secretary, Island " St. David 514 Servants 677 St. Dorothy <( Sligo Water Company 681 St. Elizabeth 515 Small Pox and Infectious Diseases 683 St. George Special Cases 684 St. James " Stamps " St^John 516 Sunday, Good Friday, Christmas Day 716 St. Mary ..... *' Subpoena " St. Thomasin the East. . Surveyors " St. Thomas in the Vale. u Trelawney (1 Time, Computation of 721 Vere 517 Titles of Congregations, &c. " Tonnage Duties " Westmoreland " Partition ..... 518 Towns and Communities, Offences in 725 Partnerships, Limited i( Traction Engines 730 Tradesmen, Breaches of Trust " Patents For improvements under Acts in force 519 Tiamrcads 731 For Inventions Kingston 735 Paupers 528 Treasonable and Seditious Meetings, Un- Pawnbrokers 529 lawful Oaths 736 Payment of Money into Court 535 Trespasses 737 Penal Servitude U Troops 739 Perjury and Subornation 536 Trustees " Permanent Revenue Fund 537 Petty Debts 541 United Royal Agricultural Society, and Society of Arts, Manufactures ana Com- Pilots 55S Porters and Carriers 560 merce 740 Possessory Title after 7 Years 561 United States' Ships Registers . • " United States' Steam Mail Communica- Pounds 562 Prisons 568 tion " Private Bills and Petitions 594 Privy Council 595 Vaccination 742 Produce Protection " Variances between Pleadings and Evi- Provost Marshal ({ dence 750 Public Buildings 600 Venditioni Exponas, Writ of 751 Public and Parochial Buildings Repairs... 601 Vendryes Heniy 755 Public Hospital (( Vestries, Churchwardens, Clerks of the Public Officers' Sureties ... 607 Vestry, &o. " Quarantine « Waste 764 Weights and Measoieg '< zu. CONTENTS. Page West Indian Encumbered Estates 766 Wharves, Pablio 767 Whipping 772 Wills 773 Witnesses, Expenses, Criminal Prosecu- tions 777 Written Acknowledgments Addenda Free School, Portland Jamaica Bailway Company Index Page .. 778 .".' 779 '■'■ 783 EXPIRED, DISALLOWED, REPEALED AND IN FORCE.eOR JNOTJEXPBESS- LY AND SPECIFICALLY .REPEALED, SHEWING.THEIPOKTIONS IN THE DIGEST, AND THE HEADS UNDER WHICH THEY ARE ARRANGED. f^ (3 ■«! O '^- ^- ^ 1 SStJsX „ . s " -® i aooj 1 "1 1-5 ""JS^ll ' o 1 a ^ "bo 0) f-l 60 S ^ - -s- C cj i MM BJ •^ 12! ", c-T iC m' in -1 -1 oi too tH ^ f- ■"-?? s «; "} f' -^'"i -o- t— ( a 60 1 ^ -.'*"^ -^ (5 H. ". ^I^- " i-'^'^ & G^t 1-1 (ms^h i?r --< i-i M EQ CD '^'^ m OQ EQ CQ th *ra' c?f ic cc jCqo" oT «" ■■3?' 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B a o n OT 5 ?D II bo =3,2 a '-5 "7 1 uT-^ 'CCS ^ £ ^ o o td u -^ -H tW r- S " T i = .SP a I I ■^ o ^ ■T< S "V rt ^ CJ « i (NOW fN »rt „- C^ I— It— ll— I f-l I-H '— ' CSOi-tCNW ^lOeO J>. 00 O) O i-i CM CTCKN CT (y> CQ CW C^ Ol gt CO rO CO CO CO CO P < bo wo >1 xHx, '2 o sa si a ss u u5 3 3 lis rOS ^^ 03 S © E-l 2 O I I* 1^ ■ S 63'"' ft© CQ as 10 (Q QQ ■t oTco ^u^" ^cToT "7 u^ t^f _. — . ■•^.J ^ rHCT WdEST OF THE LAWS OF JAMAICA. PRINTED BY M. DE CORDOVA, & CO., GLEANER OFFICE, KINGSTON, JAMAICA. DIGEST or THE LAWS OE JAMAICA. Abatement, Pleas in. If a defeudant plead iu abatement, that any otber ought to be jointly i^° .!« '??'"', '"' sued, and isbue be joined, and it appeals at the trial that the Action could not Eama by stamS by reason of 21 James 1, chap, lb (Statute of Limitations) be maintained »' Limitations. against the others, or any of them, the issue shall be found against the party pleading 10 G. 4, c. aO, s. 2. No plea for non-joinder of a co-defendant shall be allowed, unless it is n«a"isiiesofpio» stated that the person is resident within the jurisdiction and the place of re- Lfo'iTaonf's AmL" eidence stated with convenient certainty in an Affidavit vei-ifyine the plea ^'' 8 v., c. 28, 8. 2. J- s i' To a plea of non-joinder, the plaintiff may reply that the person has been Hsp'iojtion Die discharged under an Act for the relief ot Insolvent Debtors 8 V., c. 28, s. 3. ""argo of insolvent. If after such plea the plaintiff commences anoiber Action against the Costs where party defendant in the Action in which the plea in Abatement was pleadeJ, and ?.■"""* ''"J'. "bT*" the persons named in such plea as joint contractors, and it appears by the t"' ™°° ° '" pleadings or on the evidence, that all the original defendants are liable, but one or more of those named in such or some subsequent plea in Abatement are not liable, the Plaintiff shall be entitled to judgment, or to a verdict and judgment against the other defendants who appear liable, and every defend ant not liaHe shall have judgment, and his costs against the plaintiff to be allowed as costs in the cause against such as pleaded the non joinder. Any defendant who so pleaded may, on the trial adduce evidence of the liability of the defendant named in his plea in Abatement 8 V., c. 28, s. 4. Xo plea of Misnomer shall be allowed, but the defendant may cause the ko plea of Mia declaration to be amended at the costs of the plaintiff, by inserting the right nomer. Amend- name upon a Judge's order founded on an Affidavit of the right name. If °""'' '"* °'"*'' the order is discharged, the costs shall be paid by the party applying if the Judge think fit, 8th V., c. 28, s. 5. Accessories. Any Accesaoi-y before the fact to any Felony, whether at common Law Before tho fact. or by Statute, may be indicted, tried, convicted, and punished, £s if he were indictment, tc. a pnncipal felon 13 V., c. 7, s. 1. Any Accessory after the fact, may be indicted and convicted, either as iin 4,.,,,^. ^^^ £„,, Accessory after the fact, together with, or after tho conviction of tlie prin- ditto. ' cipal felon, or of a substantive felony, whether the principal has or has not beea previously convicted, or be or be not amenable to justice, and punished as if convicted as an accessory, and his offence, howsoever indicted, may be - tried and punished by any Court which has jurisdiction to try the principal felon as if the act by reason of which he became an accessory, had been committed at the same place as the principal felony. No person once duly No more tiinn ono tried, whether as an accessory after the fact, or as for a substantive felony, J5J""J°' """ """" shall be again indicted for the same offence 13 V., c. 7, s. 2, Any number of Accessories may be charged with substantive felonies iu Any number m«y the same indictment, notwithstanding the principal is not included, or is not ■"^."2?*''? '" """• iu custody or amenable to justice 16 v., 0. 15, s. 15. ° ' 2 ADMINISTRATIONS, PETTY, Accounts Frodnce, and Accounts Current- Tobe aiinuiiii, ro- AttornioB and Agents of Absentees, Trastees, Guardians, Executors, or Mrd«a on ooth Administrators, acting for minors or otliera. Mortgagees, their heirs Kxecti- tors, Administrators, or Assiffni in possession. Sequestrators appointed by the Court of Chancery, having the management or receipt of tlie Rents and Profits of any Keal Estate shall annually, before 25th March, record in the Secretary's Office, an account upon their or Overseer's, or principal Manag- ing Servant's oath, of all the rents, profits, produce, and proceeds, made the preceding year ending 31st Dec, 13 Geo. 2, c. 9, e' 1. p.noit.r. Penalty jiilOO (£60 sterling) half to the person who sues, and loss of Commission, 13 G. 2, c. 9, s. 2. Form of Hcmoran- Form of Memorandum of oath to be signed by the persons administering ?.Tto b'trcyrfir a""! 'akmg same. False Swearing Peijury. 13 6. 2, c. 9, s. 3. The Secretary of the Island shall enrol accounts 13 G. 2 c. 9 c. 9 J- Act revived and made perpetual 24 G. 2. o. 19 s. 7. Mortgagees in possession shall record upon oath the whole accounts giving credit for the net proceeds of every crop within 18 months after they have recorded the crops, as well of the sales of the annual crop as of the account current respecting the same and shall state how much is applicable and has been applied to their mortgages under penalty of £500 (£300 stg.) recov- erable by action of debt &c. one moiety to informer 25 G. 3 c. 10 s. 3. As also trustees and guai'dians in possession (except under order of the Court of Chancery to account) within the same period under like penalty one moiety to the party aggrieved and forfeiture of commission 33 G. 3 c. 21. Mamamndum of Memorandum this day of 18 per" oMh, 13 G. !, c. 9, sonally appeared before me one of the Judges &c. '■ ■ A.B. of Attorney for - (or whatever ca- pacity, such person shall act) and upon the Holy Evangelists made oath (or being of the people called Qualtei-s solemnly afiirmed) that the account above written or annexed is a true and just account of all rents, profits, produce and proceeds of the plantation and premises (or whatever real estate it may be) of under his care and direction or which he is in possession of, and that in such account is particularly set forth the quantity of Sugar, lUim, Blolasses, Cotton, Ginger, Coffee, Cocoa, Pimento or other proouce produced and made in the year and ending the thirty-first day of December last pastj of from or upon the said Since the abolition of the Courts of Common Pleas, crop accounts and accounts cuiTent, in strictness can only be sworn before a Judge of the Su- preme Court. Account, Action of Auditors may be The Judge of [Circuit Courts 19 V. c. 10 s. 19] in actions of account ™S°cou« ^^ '''' bronglit down for trial beforethemimmediatelyupon verdicts, that the defen- "^ ""' ■ dants are accountable, shall name and appoint auditors, receive their returns and give final Judgment as the Judges of the Supreme Court did, 17 G. 3 c. 13, s. 1. And the writ -^^^ ^^^ w'nts directed to the Auditors shall be made returnable imme- mado returnable to diate before tlie [Judge of the Circuit Coru't] , where Judsnuent is obtained «ff SS "■ •"""" if *he plaintiif so desire, 17 G. 3, c. 13, s. 2. AdministratiOils, Petty. Proccdine. and ^ ^ny party „„„„.,.,„ . .' deprmg to obtam administration on the personal property aiiidavit to obtain not exceeding, £.5ff of any person who has died intestate shall give notice to ([.roporty not ei- the next of kin or widow, if either is known and make affidavit of the name «o ng .) ^j^^ y^^g ^j. j^^g death of the deceased, the nature and amount of the personal property he died possessed of, and the chai-acter in which administration is claimed, and if as a creditor, the nature and amount of the debt due to him which he shall deliver to and leave with the Clerk of the Peace of the Pa- rish in which the property of the deceased is 27 V. S. 1, c. 16, s. 1." ADMINISTRATIONS, PETTY. 3 The Clerk of the Peace shall file' the affidavit in his office, enter an ab- To bo fiioa win. Btract. [Form A.) in a book kept for the purpose, exhibit a copy for public ciotkof the Pij»c«, inspectaon and publish another copy in the " Jamaica Gazette by Authority" ""■*»«''"»''"'■ lor 3 weeks successively 27 V. S. 1., c. 16, s. 2. Turther proo«flil If at Uie expiration of that period there be no opposition, and the party 5"b«. if claim is un- produces to the Clerk of the Peace an affidavit sworn before a Jus- °''fl'! . tice that he will well and teuly administer the estate of the deceased, accord- ■*""■''"' ing to law and enters into bond (B^orm B), with one or more sureties to be Bond approved of by the Clerk of the Peace, conditioned that he will within 30 days after date, return into the Clerk of the Peace's Office, an inventory and appraisement of the personal property of the deceased, and cause an account ot all his transactions with the estate to be lodged in his office, within three months' from the date of such bond, and will continue to lodge accounts of his transactions once every 3 months, until the affairs of the estate are linal- ly closed, and the personal property which came to his hands is fully ac- counted for, the Clerk of the Peace snail deliver to the applicant a certificate cortitic«t« (Form C) 27 V., 8. 1, c. 16, s. 3. I do swear that I will well and truly administer the Estate of late of the Parish of and will cause true acspnnte thereof to be lodged in the Office of the Clerk ot the Peace, according td^the provisions of the Petty Administrations Act. ,So help me God. The applicant on recei|it of certificate shall be authorized to take upon p„„„ himself the administration of the estate of the deceased and pei'forin the thoroby" "^ '"" duties of an administrator thereon, 27 V., S. 1, c. 16, s. 4. Where there is more than one application for administration, the Clerk FroceBdingn of the Peace within 15 days of the meeting, of the first Circuit Court, after ''''"° ^ "'*'"' '* they have been lodged, shall summon each of the claimants. (Form D,) °''''°" to appear at such Comt. The Judge on proof of service of the summons and upon the affidavits being laid before him, shall decide tipon the claims, deter- mme to whoin administi'ation shall be granted, and deliver a certificate (Foi-m E,) to the party obtaining administration, who upon leaving it with the affida- vit and bond before provided for with the Clerk of the Peace, shall receive from him the certificate, (Form C,) and proceed to administer the estate as the administrator thereon, 27 V., S. 1, c. I6i s. 5. The Clerks of the Peace shall carefully file and keep in their offices the Duties of clerk or affidavits, bonds, inventories and account required to be lodged, and permit 'be Peece. reference to and copies or extracts to be made by parties applying for per- . mission, and on 31st March, 30th June, 30th September, and 31st December, be forwarded" to l" or within 30 days thereafter, forward to the Island Secretary's Office, a list land Secretary. of the grants of administration. (Form A,) Penalty not'exceeding £5. 27 V.. S. 1, c. 16, s. 6. The Secretary shall cause the names in such lists to be alphabetically to be alpbabeti- arranged and indices made in a book for the purpose, and to be paid at the faiiy arranged, and rate of Is. 6d. per legal sheet, 27 V., S. 1, c. 16, s. 7. '"^""'■ Not to prevent the Ordinary from granting administration in any case superseded by as heretofore, Letters so granted shall supersede ftdministrations under this {'"S" ^ adminis- Act. Any person acting thereunder after having had notice, that the letters °" '"" ''"'^' had been so superseded shall be responsible as an executor "de son tort,'' 27 v., S. 1, 0. 16, s. 10. Feesof the Clerk of the Peace. (Schedule F), Knowingly and wilfully Peen ofoierkof demandiiig or receiving any larger sum for any such services or neglect the Peace, of duty punishable as a misdemeanor at Common Law, 27 V., S. 1, c. lb, s. 11. Penalties to be recovered before 2 Justices, and appropriable to the ere' „ dit of the General Kevenue, 27 V., S. 1, c. 16, s. 12. renait.es, " Affidavit" shall include a declaration in writing, and any person inak- .. nedaratioo." ing a false declaration shall be liable to the penalties of pequiy, 27 V., S. 1, false declaration. .13. mg a lal c. 16, 8. ] The Petty Administrations Act, 27 V., S. 1, c. 1.6, s. 14. i. OMINISTB A'l'iOl. fi, PK'l •T'V FOEMS. APPLICATIONS FOB ADMINISTEATIONS.— CLERK OP THE PEACE' S OFFICE, PARISH OF fO a" ^ to If 1 P £ E 12! ■3 1 a-s '3 M BoiidBs. 3 Know all men by these preseiite, Ihat we are hfeld aud tirmly bound unto our Soyereign Lady Victoria , Queen of the United Kingdom, in the 6um of pounds, lawful money. of Jamaica, to be paid to our said Sovereign Lady, her heirs, and succestjors, to which payment well, and Iruly to be made, we bind ourselves, our heirs, executors, and ad- ministrators, jointly and severally by these presents. Sealed with our seals, and dated the day of , A. D. 18B The condition of this obligation is, thai if the above bound do make a true and perfect inventory and appraisement of all and singular the goods and chattels, rights, and credits of , deceased, which have or shall come to his hands, possession or knowledge, or into the hands or possession or knowledge of any other person or persons for him, and the same do return into the office of the Clerk of the Peace for the parish of , within thirty days from the date of this bond, and also do cause a just and true account of this his administration, to be lodged in the office of the said Clerk of the Peace, within three months from the date of this bond ; and further do cause a just and true account of this his adminis- tration, to be lodged in the office of the Clerk of the Peace aforesaid eveiT three months, until the whole of the personal property which came unto hia hands has been fully accounted for, then this obligation to be void, else to remain in full force. Sealed and delivered in the presence of On the estate of A. B. late of the parish of deceased. certifloate c < 3 ^ ^° hereby certify that C. D. of the parish of , made applica- tion for a grant of administration of the estate of A. B., late of the pansh of deceased, of which public notice has been given, according to theprovisionaof an Act, entitled the Petty Administration Act, and that no opposition has been made thereto ; and the said C. D. has been sworn to ad- minister the said estate according to law, and has entered into bond to re- turn an inventory and appraisement of the personal property of the deceased into my office within 30 days, and lodge an account of sucli his or her ad- ministration within three months from the date hereof, aud continue 1,0 lodge suoii mjoounti; every three montha until the aiiairs oi tiif estate are finally closed. And! further certify, that the said C. D. is en- titled to the adnunistratiqn of the personal estate of l^he said A. B., and is hereby authorized to take possession of, and to administer the same, ac- ^cordingly. Given under my hand, this day of 18 Clerk of the Paiish of Jamaica, ss. > On the estate of A. B., late of the parish of aummom r>, >. s Insert Parish. ) deceased. To C. D. et al. These are to require you personally to be, and appear before the Judge of the Circuit Court, of this district, on tlie day of next, between the hours of and in the forenoon ; and in case there shall not be a court held on that day, then to appear at the next ensuing court that shall be held, to shew cause why administration of all and singular the goods and chattels, rights and credits of A. B., late of the Parish of , deceased, should not be granted to E. F. of the Parish of , and thereof you are to take due notice. Given under my hand, this day of 18 Clerk of the Peace of the parish of Jamaica, ss. ? On the estate of A. B., late of the parish of ^""5°" °"*'*°"'' Parish 5 deceased. I do hereby certify, that C. D. and E. ¥., both of them claimants for the administration of the personal estate of A. B., late of the Parish of , deceased, appeared before me, and that having examined into theii' claims, and referr^po their respective affidavits, I am of opinion that C. D, is entitled to th#j,id administration ; and upon taking the oath and entering into the Bonffeqtiired by tlie " Petty Administration Act.'' should obtain the ceitificate of the Clerli of the Peace to enter upon the said admin- istration- Given under my hand, this day of 18 For filing application of persons seeking administration, cioricoftiiePe«i»JoindBv or non- more to be struck out if it appear injustice wiU not be done upon such terms Sblforo trial as the Court, &c. thmks proper. If it appear at the trial there has been a orattrini ' mi^oinder of defendants, it may be amended as a variance in like manner as misjoinder of plaintiffs and upon such terms as the Court, &c. think pro- per, 27 V. S. 1, c. 14, s. 4. ' f Ip any action or contract where the non-joinder, as co-defendant is Amendment by g leaded in abatement, the plaintiff may without order amend the declaration P'otjafyiierenon. . y adding the names of the persons named in the plea of abatement as joint fandent i, "pioSaed contractors, and serve the amended declaration upon the persons so named, '■' "bntcment to ac- and proceed agamst the orisfinal defendant, and such persons the date of "°° °° '""'"»»' such amendment as between him and the plaintiff, to be considered for all mS,"'" "eomSSe" purposes as the commencement of the action, 27 V. S. 1, c. 1. s. 14 s. 5. ment'of action After such plea in abatement and amendment, if it appear upon the trial Judgment &. costs that the person named therein was jointly liable with the origmfd defendant, the latter shall be entitled as against the plaintiff to the costs of the plea and amendment, but if it appear that the original defendant or any of the origi- nal defendants is or are liable, but one or more of the persons named in the plea in abatement is, or are not liable as contracting parties, the plaintiff shall be entitled to judginent against the others who appear to be liable ; and every defendant not liable, shall have judgment and be entitled to costs as against the plaintiff who shall be allowed the same with the costs of the plea , in abatement and amendment as costs in the cause against the orini]iaI de- fendants who pleaded the non-joinder. Any defendant who so pleaded may on the trial produce evidence of the liability of the defendants named in his Evideuco of plea, 27 V. 8. 1, c. 14, s. fi. "'^'"'"y In any action by a man aud his wife for an injury to the wife in respect Action by of whichsheisnecessarilyjoined as aco-plaintiff, the husband may add claims >>»»'"raa and ivife on his own right and separate actions in respect of such claims, may be con- solidated, if the Court or a Judge tliink lit. In case of the death of either plaintiff the suit so far as relates to the causes of action if any which do not survive shall abate, 27 V. S. 1, c. 14, s. 7. Thejoinder of too many plaintiffs shall not be fatal, but eveiT action may nian'y"piaint°iff.'°° be brought in the name of all the persons in whom the legal right is sup- posed to exist and judgment given m favor of the plaintiffs or one or more of them, or in case of any question of non-joinder being raised, then in fa- vor of such one or more as shall be adjudged by the Court, entitled to re- cover. But the defendant though unsuccessful shall be entitled to his costs, occasioned by joining any persons in whose favor judgment is not given, un- less otherwise ordered by the Court or a Judge, 27 V. S. 1, c. 14, s. 8. Upon the trial a defendant who has pleaded a set off, may obtain the be- Benootsetoir nefit 01 his set off, by proving either that all the parties named as plaintiffs are indebted to him, notwithstanding one or more were improperly joined, or that those who establish their right to maintain the cause are indebted to him, 27 V. S. 1 , c. 14, s. 9. No other action shall be brought against the' defendant by any person so ko otiier action by joined as plaintiff in respect of the same cause of Action, 27 V., S. 1, c. 14, """y peraqn joined s. 10. The Supreme Court and every Judge and any Judge at nisi prius, or Power to amend any Circuit Court, orr other presiding -officer may at all times amend all de- loninS'iicLsei fects and errors in any proceeding in civil causes ^whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not, such amendment to be with or without costs and upon such tenns as may seem fit, aud all such amendments as may be ne- cessary ^or the purpose of d.etermining, on the existing suit, the real question in controversy between the parties, shall be made if duty applied for 27 V., S. 1, c. 14, s. 11. The Judges shall at all times on motion in Court, order amendments, so judgment to and shall not upon arrest of Judgment or writ of error for matter of form on- {'"^/(J'^oSv""'' ly, reverse any Judgment whatever, 33 C. 2, c. 23 s. 5. Appeal Court!. Sboit title. Intorprotation. Who may appeal. Right extended to future acts. Particfl to be in- formed of their Tight of appeal and fumiBhed with no- tice and recogni- zBoco on pa7nient of fees. Time within which to appeal — verbal or written notices, Grounds of appeal. Service on the ' Clerk, euHicient, 37 V. 9. 1, c. 15, 8. 7, Where the grond" are not apparent, 27 V. S. 1, c. 15, a. I. Service of notice. On Attorney or Agent, where suf- ficient. In other In case of death or absence fToin the island of respon- dent Signature Joe, Recognizance prosecute &c. APPEALS. Appeal*. The Judges within their Circuits shall exercise the jurisdiction in mat- ters of Appew, before exercised by the Chairman of Quarter Sessions, 19 V. c. 10, s. 19. " The Appeal Regulation Act 1857," 21 V., c. 22, s. 1. " Appellant" shall mean the party to any proceeding who gives notice of Appeal requires a case to be stated 'for the opinion of the Supreme Court ora Judge. " Eespondent" the opposite party. " Judgment," any convic- tion,' judgment, ortler or other affirmative adjudication or any dismissal of or refusal to hear or adjudicate on any comdiamt, information or summons in a matter of summary jurisdiction, 21 V. c. 22, s. 2. . Anyperson aggrieved or affected bjr any judgmentof any Justice exercis- ing summary juristnction or by the decision or report of any other officer or bo- dy taking any proceeding or acting imder any law, now or to be in force, whereby the right of appeal is allowed, may appeal to the Court of Appeal, of the Parish or precinct in which Judgment is pronounced or to the Su- preme Court, or a Judge, as after provided, 21 V., c. 22, s. 3. The right of appeal shall extend to all Acts already or to be passed giv- ing summary jurisdiction to Justices or any other officer or body, unless where otherwise expressly provided, 21 V. c. 22, s. 4. The Justice or other officer or body, when the person adjudicated against, appears ignorant thereof, shall instruct him of his right of appeal, and the Clerk, when required, and his fees are paid or tendered shall furnish to any appellant, the necessary notice and recognizance of appeal, 21 V. c. 22, 8. 5. The appellant shall either during the sitting of the Court, or tribunal at which jndgmentis pronounced, give verbal notice of appeal, or withinI4dayB after judgment delivered, give a written notice of appeal, to the adjudicating Justices &c. and respondent, also within the 14 days, deliver to the Clerk of the Magistrates or other prober officer and to the respondent the grounds in writing of his appeal. The time shall not commence to run in the case of an affirmative judgment, until the copy of the conviction, order or adjudica- tion has been drawn up and is ready for delivery to the appellant, 21 V., c. 22, 8. 6. When verbal notice is given, the Clerk &c., shall make a minute there- of, which shall operate as a notice of appeal to the Justices &c., and to the respondent if present in person or by attorney or agent, if not notice of ap- peal shall be served in writing as provided in other cases within the 14 days after judgment, 21 V. c. 22, s. 7. Where the respondent has appeared by attorney or agent, it shall be sufficient to serve them with notice and grounds of appeal. In other cases service may be made personally on the respondent, or at his place of resi- dence or business, 21 v., c. 22, s. 8. In case of the respondent's death or absence from this island, service shall be made on his representative in the manner, and within the time di- rected to be made on the respondent, and in case of the respondent or his repre - sentative being out of the jurisdiction of the Court of Appeal, or of, the respondent being absent or dead, and there being no representative, copies of the notice and grounds, shall be posted on the door of the Conrt House, of the parish, where the decision was made, and within the time limited for service. The destraction obliteration or taking down of any such posted copy, by any other than the appellant or his agent, or any person acting witn his privity or assent, shall not prejudice, the appellant, 21 V. c. 22, s. 9. Not necessary to state in any written notice, that the appellant is ag- grieved by the decision. Every notice shall be sufficiently signed, if signed by or on behalf of the appellant, with his name or mark, or the name of his Attorney, but if signed with his mark, the signature shall be attested by a subscribing witness, 21 V. c. 22, s. 10. To entitle any person aggrieved or affected to appeal, the appellant shall within the 14 days provided for giving notice, enter into recognizance, with one or more sureties, in a sum sufficient in the case of a judgment, inflicting a penalty or awarding a sum of money, or costs to cover the penalty, or sum awai-ded and costs, and £3, for the costs of appeal if adjudged, and in case of judgment of dismissal or refusal so adjudicated in a sum to cover the costs of dismissal if awarded, and £3, for the costs of appeal in case they shall be ad- judged and conditioned for the due prosecution oi the appeal, and that the ap- pelant perform and obey the judgment, orders and determinations of the appellate Court or Judge lu the matter, and in case the judgment be affirmed APPEAI.S 9 that he will pay the penalty or sum adjudged, with all costs as well of the jadgment, , aa of the Court of Appeal at, such time as the Court or Judge shajl direct, and where the apj>ellant has been adjudged to imprisonment, m the first instance, the condition shall- be that the appellant suiTender him- self into custody forthwith, to undergo the term of imprisonment adjudged, and that he pay all costs to be adjudged by the appellate Court or Judge in case the judgment is affirmed, 31 V. c. ^, s. 11. Where an appellant is under legal disability, the recognizance of his Appeiianf under surety shall be stMcient, 21 V. c. 22, s. 12. '"b"' 4i»aMi'y Any justice of the parish in which the judgment &.C., is made or in By whom recog- which the appellant or nis surety resides, may taEe the recognizance, 21 V. niznnce taken. c. 22, a. 13. The appellant shall give to the respondent notice of the names of his Notice and jueH- intended sureties, and of the time and place of entering into recognizance, "nation of suretiea and the justice taking it shall determine any objection raised by the respon- dent to the sufficiency of any surety, and require, if satisfied of his insuffici- ency, that another be tendered and shall require every surety to justify on oath, which he shall administer (Form A.) such oath to be written upon the recognizance, and no surety shall be accepted, who refuses or declines to justify. Surety taking false oath, guilty of peijury and punishable accord- j-ji,,, o„ti, mgly, 21 V. c. 22, s. IC When notice has been given and served and recognizance entered intoi stay of proceedings execution or further proceedings shall be stayed, and the appellant if in cus- tody, liberated until the judgment on appeal is given, or the appeal is with- drawn or not proceeded witn on production of a certificate from the Clerk of the Court of Appeal, that the notice and recognizance have been entered in- to. In case of affirmation any imprisonment undergone before liberation to f" e uuer™™. be reckoned as part of the imprisonment under such judgment, 21 V. C. 22, 8. 15. ■ Appeal deter- If the appellant fail to serve notice and grounds of appeal and enter give n'na'sorvo'no- into recognizance, his right to appeal shall cease, and the party in whose "™' "y^^ »""=' '■"» favor ju^ment &c. was made, may forthwith enjforce it, and any Justice, "As'toneceasiy of &c., may issue all necessary process for enforcing it, 21 V. c. 22, s. 16. grounds, see »; v. The Clerks of the Magistrates or ■ proper officer (their legal fees being first paid or tendered) shall under penalty of £20, to be recovered before ^j°''^V^''^'''°,?°f two Justices, supply every parh^ applying, a certified copy of the evi- to°partie8° applying dence, proceedings and decision, 21 V. c. 22, s. 17. on payment of fees Also under a like penalty, shall make up and certify and deliver to the Asaiao for the eierk of the Court of Appeal, the originals or copies of all original docu- appellate Judge ments, and a copy of the evidence, proceedings ana decision in every matter to be paid by ao- of Appeal, for the use of the Judge, not later than 14 days after the delivery i'"H''°',*'',°''°!'J? ^ii . J i e Chi TT em 10 costs. If auowea, ti7 of the judgment &c., 21 V. c. 22, s. la. v, s. i, c. i5, s- 6. The Clerk of the Court, on the first day of the sitting of the Circuit To be delivered to Court, shall make out a list of all Appeals, for hearing at such Court and de- ^f'^^^^'fl'^^^i liver to the Judge such list with the certified documents or copies and co- Arstday of Court. pies of evidence, proceedings and decision, and grounds of appeal, fui-n- ished to him, 21 V. a. 22, s. 19- Either party to the proceedings may obtain from the Clerk of the Court, Summons for wit- who shall have authority to sign summonses for witnesses with or without a ness at appeal Court clause requiring the production of books and documents in their possession and control in which any number of names may be inserted, and any per- Failure to appear, son on whom any summons or copy although containing his name *c- only shall be served and to whom at the same time, payment or a tender of his expences is made on the scale established with regard to witnesses^ sub- poenaed to attend any Circuit Court, and who refuses, or neglects without sufficient cause to appear, or if appearmg to give evidence, or to produce any books or documents and also every person present in Court, required to give evidence and refusing to be sworn or to give evidence, or wilfully prevari- cating shall be liable to be committed to Jail by the Appeal Court or Judge, for not exceeding 7 days, 21 V. c- 22, s. 20. . .,„.., The Circuit Court shaU be the Court of Appeal, for matters ansing m c6urt°of appeal: every parish or precinct, 21 V. c. 22, s. 21. _ ^ Every appeal shall be heard at the next succeeding Court, if it meet ^i,e„ appeal to be within one month after the perfection of the judgment, but if a longer interval JS»»'5*'J '"°°°f' °* occur, the appellant or respondent majr require, and the Magistrates' Clerk ">" ^/,„'„ . transmit a transcript of the information, summons, evidence, conviction, juageincbambers B 1.0 Conditions on wliicli nppcal to be henrd. See no^ 27 V. S. 1. c. 15, a. Practice in Court Sec 27 V. ii. 1, IB, •. 1-2. Tlio p ar t y afi- serting tlie atftrma- tivc shall be^n, 37 V. S. 1, c. 15, a. 7. vvliore nccessarv 27 V. e. 1, c. 15, s" 1. Proof of service, of notice &c. Sec S7 v. c. 15, Amendments at hearing. No proceedings to be set aalde for form. Amendment o f recognizance. Sec. See 27 V.S. 1 c. 15, a l^yideuoe on ap- peal, see 27 V. c. li"), s. 5. APPEALS. order or judgment, and submit the same for adjudication before any Judge in Chambers, who shall thereupon, if he conceive the proceedings -to be (JueBtionable, issue his summons to the opposite party to attend to show cause before him or any other Supreme Court Jndge, why the judgment should not be quashed, but if the judgment on application of the appellant, appear to be valid, the Judge shall endorse his confirmation on the proceed- ings and return them into the office of the Clerk of the Magistrates, and up- on the appearance, or default of appearance on any such summons by a Judge, he shall examine into the matter of appeal, and determine it finally, 21 V. c. 22, s. 2->. No appeal shall be heard unless the appellant has served tlie_ noticeand grounds of appeal, and entered into recognizance within the period limited, 21 V. c. 22, B. 23. " The following general rules of practice shall prevail in the Courts of Appeal : — 1. None but Banisters or Attorneys or Appellants and respondents, in person, shall be entitled to address the Coiut. 2. The appellant shall begin by proving that he has ser\-ed the no- tice and gi'ounds of appeal, and entered into recognizance as re- quired. 3. The respondent if matters of fact are in issue, shall then produce liis witnest^es or evidence after which the appellant shall call witnesses or produce evidence in reply, which evidence or wit- nesses on botli sides, shall be the same as were examined, and produced at the proceeding appealed from. 4. If no matters of tact are in issue, but a question of la'w only is raised, the appellant will state his objections after proving his notice and gi'ounds of appeal, and the recognizance, and the res- pondent will be heard in reply, 21 V. c. 22, s. 24. Proof of service of the notice and grounds, may be made by affidavit* sworn before the Judge, a commissioner for taking affidavits or master ex' traordinary of the Court of Chancery or Justice. Wilfully " false statements in any such aflida"\Tit to be pimished as peijury. The Judge if not satisfied with any affidavit, may require the service to be proved " viva voce" on oatli. Any written admission of service of notice by the Justices shall be sufficient as far as they are concerned, 21 V. c. 22, s. 25. Tlie Court or Judge on tlie healing, may amend any defect in form, in any proceedings, or the record, and if any variance appear between any mat- ter in wiiiing or in print, produced in evidence and the recital or setting forth in any proceeding, or the record, may cause the same to be amended, and the case shall proceed, and the proceedings be attended with the like effects with 1 eyard to the liabilities of parties, or of witnesses to be indicted for );evjm-y, or otherwise as if no amendment had been made. The Gonrt may direct any amendment to be made only upon lenns, 21 V. c. 22, s. 96. Every information, summons, order, conviction, waa-rant of distreea, commitment or other proceedins, shall be valid and sufficient, in which the of- fence or claim is set fortli in the words of the act, creatingtlie offence or giving jurisdiction, or wliicli follows the foiin given by any act, relating to the of fence or claim, or the general fonn given by 13 V. c. 35, or any otlier Act, for the like purpose, and no proceeding sliall be set aside for form merely, where it appears that tlie party was duly summoned and had notice of the offence cUarged or claim made :ig:iinst him, 21 V. c. 22, s. 27. Where any recognizance lias been entered into, within the time re- q^nired, but appears to have been informally entered into or drawn up or signed or stamped or to be otherwise defective or invalid, tlie Conrt or Jndge may permit a new and sufficient recognizance to be entered into but the trial siiall not lie dehiyed unless the appellate Judge, on application post- pone it to the next Court, and no longer, and he may impose terms as to pay- ment of costs to the respondent or otherwise, and the substituted reccStm- zance shall be as valid as if it; had been duly entered into at any eariier time as required, 21 V. c. 22, s. 28. . The evidence taken and certified by the Magistrates' Clerk, at the hear- ing, shall be read and received, as the evidence in the case, nnless the appel- lant and respondent, or either within 14 days after perfection of the ludK- ment, signify to the Clerk of the Magistrates' his dissatisfaction therewith in which case they or he may examine " viva voce" before the ■ appellate Judge, and come prepared with the witnesses examined by the adjudicating APPEALS. I J Justices, or any he requires, and no other than such as were examined or tendered and refused by the Justices, shall be called as witnesses on the ap- peal, nor other documentary evidence than was admitted or tendered and refused before such Justices, 21 V. c. 22, s. 29. The Judge may administer oaths or talie solemn affirmation where it Judge to ncimtois- nmy by law be taken instead of an oath. Wilful, false evidence shall be pun- *«■'<"'"'• i'»i»eovi- iBhed as perjury, and any party or witness, who appears to give false evi- ' '^'"'^'"^' dence, wilfully and corruptly may be committed and detained for examina- tion on such charge of perjury, ty any Justice of the parish, vs'herein the cbarge is made, and be dealt with as iu other cases of perjury, 21 V. c. 22, s. 30. . F J . . The_ Judge may award costs not exceeding £3, in any case either heard costs of appeal, i- before hira or in which the notice of appeal and recognizance having been v s i c is s 3 e given the appeal is withdi'awn or not prosecuted, 21 V. c. 22, s. 31, ■■■.-, The Court or Judge may respite or aJjoorn the appeal as often as Jus- ... tice requires, 21 V. c. 22, s. 32. jvdjournm.nt. If the decision is affirmed, the Judge shall endorse thereon "judgment jadgm endorse- affirmed" with his signature, if the appeal is not witlidrawu or not proceeded ment of disiiosai of wither prosecuted, he shall endorse, " appeal withdrawn" or " not proceed- "pp'"'. ed with or " not prosecuted" and the amount of costs (if- any) given by the , " , Canrtof Appeal and thereupon any Justice of the pai-ish vrherein the pro- ".aST™. ceeding took place, shall immediately on application by the parly entitled, add the costs so given to any penalty or sum of money and costs "if any or- dered to be paid on the proceedings and issue all neccssaiy warrants for the recovery of the whole by distress and sale or commitment or otherwise ac- cording to -the forms given by the particular Act, or by any general Act, for enforcing stimmary orders or convictions. 21 V. c. 22, s. 33. If the decision be affirmed and the principal make default in satisfying the judgment forthwith, any Justice of the parish wherein tlie decision 'was a„^i'„°,';J„°euo" on made, may issue process (l?orm B.) on the recognizance of tlie sureties for locosiii/'iiurc. the recovery of the penalty or sum of money and costs, on the original pro- ceedings, and on the appeal, if any which the appellant is liable to pay, as also 3b, for costs, on such process against any or every surety, 21 V. c. 22, s. 34. Payment by the appellant or any surety of the whole amount, which^ s f f ti the appellant is liable to pay and of the costs for issuing process on the recog- rocognhianco™ c. ° nizauce, shall be full satisfaction and discharge of all liability of the appellant and his sureties, 21, V. c. 22, s. 35. The .imprisonment of the sureties, shall not extend beyond the time to ijmit of snretv' which the appellant is liable to be imprisoned by the act, under which he is imprisonment. convicted or ordered to pay the money and costs, or be otherwise commit- ted, 21 V. c. 22, s. 3t). If the decision be reversed the Judge shall endorse thereon "judgment Enforocmont of reversed" with his signature and the amount of costs, if any are given, and decision, revorsinB the Judge or any Justice of the parish, may issue a warrant of distress for J^fg"™' ''^ ' "> the costs against the goods of the respondent, and if no distress or insufficient distress is found then to commit the respondent to the nearest Jail or house of correction, without hard labor, not exceeding three calendar months, un- less sooner paid. Any such warrant may he iu tlje form provided by 13 "\'. p. 35 or any act for enforcing summary proceedings, 21 V. c. 28, s. 37, If the appellant from any cause, as from not having served or proved nismiss i the service of the notice or grounds of appeal or from having given a defec- peai'fi-om appe^- tive recognizance or otherwise is not in a condition to carry on his appeal,' lonts not being in « and the-decision is bad onitsface, the Cotu-t may simply dismiss the appeal °°Snwh°re*°tiio'de^ with.out affirming tlie decision. The Court or Judge may make such amend- oision is bad on its Inenis, in matters of form only, as are authorized in other cases, and after ''"™' amendment give the proper judgment, 21 V. c. 22, s, 38. - If any person, wilfully insult the Judge or any officer of the Court, dur- ing its sitting, or attendance in Court, or in going to or returning frqm the court!'""'''' °' Court, or wilfully interrupt its proceedings, or otherwise misbehave in Court or .in the neiglibourhood thereof, any police officer or constable, witli or without the assistance of any other person or any constable, s\yorn speci- ally for, the purpose, may by the order of the Judge, take the offender into cnstody, ana detain him until the rising of the Court, and the Judge may by warrant under his hand, commit the offender to prison,' not exceeding seven da^s, 21 V. c. 22, s. 39, 12 AJ^BAi#. No oppei] from No p^rty shall be entitled to appeal from a Judgment, or^er of dismi* i",''fSv"Jiion"oi ' sal, decision, report or detenninaUon, admitted or assented to bv him, or Jus plea of guilty. duly authorized Attorney or agent, or from a conviction entered upon a plea ofguilty, 21 V. C.22, e. 40. Nor fcom a judg- Nor from any judgment &c., which has gone by default, for want of ap- tnent by default ox- pearance or otherwise unless he make affidavit inwrittmg, setting lortn me ZllnT. oVo'tV ' giounds of appeal and the reasons whv he did not appear at the hearing or trial, and that such appeal is not made for delajr, but to obtain substantial justice in the matter, to be filed along with a written notice of appeal, and a recognizance within the like period of 14 days, as limited in other cases, 21 V. 0. 22, s. 41. ca.« for opinion The Judge or Justices or other body or officer, before whom any pro- of the Supremo ceedings may 1)0 brought from which an appeal may be given, may transmit Stttd Ty'"t h e a case for the opinion of the Supreme Court, in matter of law or upon the Judgeor Justiooson construction of any act. And the Supreme Court after notice to the parties, matton of law pro- ^^^ ^f^^y hearing them, if they appear, shall certify its opinion thereon, un- ceedings thereon. ^^^ ^^^ ^^^ ^^ ^^^ ^^^.^^ ^ ^^^ ^^^j. ^^ ^ppg^i Justices &c., and judgment shall thereupon be pronounced in accordance with the certificate, and carried into execution as a judgment of the Court of Appeal or Justices, &c., 21 V. c. 22, s. 42. Power o£ par- After the hearing and determination or oi-der of dismissal, or refusal to ties to »PB«_'2 adjudicate, either party maj; if dissatisfied with the judgment as being erro- fOT^'frn' order on neons in point of law, apply in writing withm three days after to the Jrngtice, Justices to state a to state and sign a case setting forth the facts and the grounds of such judg- case for their opi- ujgnt or order for the opinion of the Supreme Cour}, and the appellant shall lio" within fourteen days aner receiving the case transmit it to the Clerk of the Supreme Court, first giving notice in writing of the appeal, with a copy of the case to the respondent, 21 V. c. 22 s. 43. Appellant to The appellant at the time of making application and before a case is enter into recog- stated and delivered to him by the Justices, shall in every instance enter nizance, jjjj.g ^ recognizance before a Justice, with surety in such sum as to the Justice seems meet and subject to all the provisions in respects to other reccgni- zances, and at the same time and before the case is delivered pay to the Clerk of the Magistrates or other officer his fees for the case and recognizance and any other fees he is entitled to, which fees except such as already provided ibr by law shall be according to schedule C, and the appellant if then in custody shall be liberated, 2 V. c. 22, s. 44. Refusal of case If the Justice be of opinion that the application is merely frivilous but by Justices. not otherwise, he may refuse to state a case and shall on the request of the appellant sign and deliver to him a certificate of refusal. The Justices shall not refuse to state a case where application is made to them by or under the direction of the Attorney -General, 21 V. c. 22 s. 45. proceedings Where the Justices refuse to state a case the appellant may apply to the theroon to com- gupreme Court upon an affidavit of the facts for a rule calling upon them pel case. ^^-^ respondent to show cause why such case should not be stated, and the Court may make the rule absolute, or discharge it with or without costs, and the Justices upon being served with the rule absolute shall state a case accordingly upon the appellant entering into recognizance as before pro- vided, 2fv. o. 22, s. 46. Powers of Su- "^^^ Supreme Court shall hear and determine the g^uestions of law aris; preme Court to ing on any case transmitted at the instance of the Justices or other body or determine on officer, or Judge of the Appeal CoUrt or of any party and thereupon reverse, case. affirm, or amend the judgment, &c. or remit the matter to the Judge, &c. with the opinion of the Court thereon, or make such other order ana such orders as to costfi as may seem fit which shall be conclusive on all parties. No Justice. &c. who states and delivers a case shall be liable to any costs in respect of such appeal, 21 V., c. 22, s. 47. To senditbadi The Supreme Court may cause any case to be sent back for amendment lor amenomeut, and judgment shall be deUvered after it has been amended, 21 V. o. 22, e. 48. Judge in Cham- The authority and jurisdiction of the Supreme Court for the opinion of '*'^^?«o?"but ■which any case is stated may (subject to any rules of such Court in relation n^appeilate thereto) be exercised by a Judge in Chambers, and as well in vacation, as judge who stated in term time — ^where the case is stated at the instance of any Jnc|ge of a case Court of Appeal, he shall not exercise the authority and ioijediction (riven by this section, 21 V., o. 22, g. 49, j b API>EAW8. Jg After the deoiBion in relation to any case tUe Jndge, Justices, &.C. in re- unfoMemmt of lation to whose judgment, &o. or at whose instance the case has been statisd, (Ucision™ owe or any other Justice exercising the same jmisdiction may enforce any con- viction or order, and no action or proceeding shall be commenced or had against any Justice, &c. for enforcing such judgment, &c. by reason of any defect, 21 V. c. 22, s. 50. No writ of certiorari or other writ shall be required for the removal of »„ ^^ „• „.. any judgment, &.c. in relation to which any case is stated for the judgment tiorori of the Supreme Court, 21 V. c. 22 s. 51. Where the conditions in the last mentioned recognizance have not been Enforcement of complied with the like proceedings shall be taken to enforce same as pro- recognizanca oo vided with respect to forfeited recognizances for the prosecution of appeals case 21 V. c. 22, B- 52. Any person who appeals by requuing a case to he stated, shall be taken Application for to have abandoned his right of appeal finally , and conclusively, 21V. c. 22, case, Abaodon- B. 53. o rr J I jt , ^^^^ ^^ ^^^^^ On any appeal fi«m a dismissal or refusal to adjudicate, the Appellate Appellate judge Judge shall hear and determine the matter, and for that purpose exercise all may enforce de- the powers given to the Justices before whom the matter was originally dsion on appeal bronght for adjudication, and thereupon issue the necessary process and exe- *"™ f ">""'e», costs and charges to be levied by distress and sale, and in default of goods. One justice, 13 may by warrant direct the offender to be iinprisoned, not exceedmg 3 ^- ° '^' ^ ^ months, unless sooner paid, 4 V. c. 30 s. 9. Fines or penalties imposed, on any master, may at the discretion of the Application Justices be paid, to the use of the apprentice as compensation for the injury thereof, he has snstained, or. to the treasurer of the parish, for the use Of the poor, ihose imposed on apprentices, to the master or to the use of the poor, of the Xg APPRENTICES, PAEISH. pariah, notwithstanding the master may have given evidence, 4 V. c, Hearing pro- When the Justices commencing proceedings, are prevented from attend- eeeataw jug at the hearing or at any subsequent part of such proceedings ,any other Justices may hear the complaint or otherwise, and do all acts for enforcuig orders, 4 V. 30, s. 11. protection from No order or conviction shall he quashed for want of form nor any dis- euite- tress, deemed unlawful, nor the party making it a trespasser, on account of any defect or want of form, in the summons, conviction, warrant of distress, or other proceedings, nor the p^rty be deemed a trespasser, on account of any irregularity afterwards done by the party distrainmg, but the person ag- grieved, may recover satisfaction for the special damage, if any, in an action on the case, and no plaintiff shall recover for such irregularity if tender of sufficient amends, have been made by or on behalf of the party distraining before action, 4 V. c. 30, s. 13. Appeal. Any person aggrieved by any judgment &c., under 4 V. c. 30, may ap- peal, 5 V. c. 35, s. 2. Apprentices, Parish. How to be in- The Corporation of Kin£;ston, and Justices and Vestry of other parishes, dentured. or such number of those bodies as mav by law act, may by indenture under Members of the the hands and seals of two Justices, bind poor children apprentices, where corporation haye and to whom they see conven-'ent, till a male child attains 21, or a female ttepowCTsof JbS that age, or mamage, which indenture, shall be as effectual, as if the child ticci. had been of full age, and by indenture of covenant, had bound himself or her self, and the Corporation and Justices and Vestry, may make such terms and agreements with the master or mistress, as may most effectually secure their care and maintainance, and instruction in useful trade and occupation, 7 6' 4, c. 26, s. 8. Any two of the Corporation or Justices upon complaint, or application powers M Jus- ^y g^^y apprentice, touching any mia-usage, refusal of necessary provision, tiU^ts. " cruelty, or other ill-treatment by his master, may summon the master to ap- pear before them, and examine mto the complaint, and on proof upon oath to their satisfaction, whether the master be present or not, if service of the summons be also upon oath proved, may discharge the apprentice by war- Discliarge ap- rant or certificate, under their hands and seals, for which no fees shall be prentice. paid, 7 (J. 4, c. 26, s. 9. punish oSen- And may also upon application or Complaint upon oath, by any master dera. against any apprentice touching any misdemeanor, miscarriage or ill-behavi- our in his service (which oath they are empowered to administer) hear and ex- amine the same and punish the offender by commitment,- to the house of cor- rection, to be held to hard labor, not exceeding one calendar month, or other- wise by discharging the apprentice, 7 G. 4, c. 26, s. 10. A nrent ce ma» Where any parish apprentice is disteharged, on account of any misde- he punishS fOT meaner, mis-carnage or ill-behaviour, they may by warrant, punish the of- misdemeanor fender by commitment, to be kept to hard labor, for not exceeding three ca- lendar months, 7 G. 4, c. 26, s. 11. Apprentice may If any apprentice absent himself from the service of his master, before b^ compelled to his apprenticeship expires, he shall at anytime, when found be compelled forabi^ce ™ *° ^"'^^ **"■ ^° ^"^S ^ t™^ as he has absented himself from service, unless he makes satisfafifion tahis master for the loss he has sustained by Lis absence, and so from time to time, as often as he shall without leave, absent himself from service before the term of his contract is fulfilled, and in case of refusal to serve or make satisfaction, the master may complain upon oath to any Justice of the parish where he resides, -which the Justice is empowered to administer and issue a warrant for apprehending the apprentice and upon hearing the complaint, may determine what satisfaction shall be made, to the master, by such apprentice, and in case the apprentice shall not give security to make such satiBiaction according to such determination, may commit him, not exiceeding 3 months. No apprentice shall be compelled to serve for any time or term, or to make sati^ction to any master, after seven years after the end of the term, for which he has contracted to serve, 7 Gr. 4, c. 26, s. 12. APPPRENTICES, PARISH, | 7 Any master may by endorsement on the indentui'e, or by other in- Assignment of etrumentin writing, with the. consent of two of the CoTOoration or two indenture by mas- Justices of the pansh where the master dwells, testified under their hands, '''''• assign such apprentice to any person willing to take him for , the resi- due of the teira, provided such person at the same time, by endorse- ment upon the conntei-part, or by writin" under Iiis .hand, stating the indenture and the endorsment, and consent, declares his acceptance of the apprentice, and acknowledge himself bound by the agreements in the indeu- tiire on the pai't of the master, which may be in the form in schedule ; and in such case the apprentice shall be deemed to be the apprentice of the sub- sequent master, to whom the assignment is made ; and so from time to time, as often as it is necessary or convenient for uuy subsequent master to part with any apprentice, 7 6, 4, c. 26, s. 13. Any two of the Corporation or Justices, of the parish, where the master niioimrge of njj lives, on his application, requesting that the apprentice may be discharged, of mastei"" "''""■'' by reason that he is insolvent, or so reduced in liis his circumstances as to be unable to maintain the apprentice, may enquire into the allegations, and discharge such apprentice, m case he find them to be true, 7 G. 14, c. 26, s. 14. If the master dies before the expiration of the term, the Corporation or omioath of nin«- Jnstices and Vestry, with theassent of two Justices, testifiedasaforesaid, may ter, apprentice to bind out the apprentice for the residue of the term. If any executor or ad- a!;6''oftoJm°'' '''"' ministrator of the deceased master, desires to retain the apprentice for the residue of the term, and signifies his desii'e to the Corporation, or Justices, n^jufol.™*"' '° and Vestry, they may, with the assent of two Justices, testified as aforesaid, assign the indentnre to the executor or administrator, for the residue of the term, 7, G. i, c. 26, s. 15. The Clerk of the Common Council in Kingston, and Clerks of the Peace shall provide books at the expense of their parishes, and enter therein the prmticwiiip"' "'' name of every child, bound out by them as an apprentice, with the several other particulars required, according to schedule, such books to be kept in ^ their respective offices, 7, G-. 4, c. 26, s. 16. , If they refuse, or neglect to provide and keep such books, or make such :, iBhtry, or destroy, or permit to be destroyed any such books, or wilfnlly, giert""'" "' "■and knowingly obliterate, deface, or alter any entry, so that it shall not bea true entry of the several particulars required, or wilfully and knowingly make a false entry, or permit, or cause the same to be done, or shall not pro- duce, or lay such books before the Justices, or Corporation, for their signa- tures, or shall not deliverer tender, or cause, &c. such booksto their successors in office, the offender shall on conviction before two Justices, on the oath of a credible witness, forfeit not exceeding £5 (£3 sterling), to be recovered by distress, and sale by warrant ; and m case suflicient distress cannot be found, or the penalties and forfeitures are not paid forthwith, the Justices shall by warrant commit him for not exceeding one calendar month, unless sooner paid, 7, G. 4, c. 26, s. 17. Any person may at seasonable hours, inspect such books in tlieir office, and take a copy of such entry, upon payment of Is. 8d. (Is. sterling), and inspection of books every such book shall be snincient evidence of the existence of the inden- Books eviiionco tares, and' of the particulars specified in the register, 7, G. 4, c. 26, s. 18. The Convictions shall.be in the following form : — Be it remembered, that on the • day of in the year of conviction Oui- Lord A. B. is convicted before us two of His Majesty's Justices of the Peace for the (specifying the offence and tne time and place when and where, committed as the case may be), contrary to an act made in the scenth year of the Veign of King George the Fourth, entitled "An Act to enable the Justices and Vestrymen of the several parishes of this Island, by the acquisition and settlement of lands to furnish relief for paupera and promote habits of industry among them, to enable the Corpo- ration of the City of Kingston, and the Justices and Vestrymen of the several parishes of this island, to bind out apprentices, and for other purposes.' ' Given under our hands and seals, the day and year above-mentioned, 7 G. 4 c. 26 s. 19. When any apprentice is assigned or bound over to any other master, the Hocoi-a or as Clerk of the Common Council or Clerk of the Peace, shall insert the name "'snincnts and residence of the master to whom the apprentice is assigned, with the other particulars in the books, to be provided and kept, and for non-perform- ance, shall be liable to the penalties incurred in like manner, as if the ap- prentice had been originally bound to such master. Powers of appeal No j^p_„„i Writ of certiorari shall issue to remove any profeedings into the Supreme Court, 7, G. 4, c, 26, s. 20. 1,S Form of Assign- ment, 9. 13 Parish of > AEBITEATION. SCHEDULE. Be it remembered tliat the within named by ] and with the consent and approbation of and two of Her Majesty's Justices of the Peace, for the said parish, whose names ai-e subscribed to the consent, hereunder written, doth nereby assign the apprentice within named unto to serve him (or her) dunng the residue of the term within mentioned and that he the said doth hereby agree to accept and take the said , as an apprentice, for the residue of the said term, and doth hereby acknowledge himself (or herself) to be bound by the agree- ments and covenants within mentioned on the part of the said to be done and perfoimed. In witness whereof, we the said (former and new master) haye hereunto set our hands, this day of We, two of Her Majesty's Justices of the Peace above mentioned, do consent thereto, witness our hands, this day of •^uam -uStsBB JO diqsaoi') -uajcldy eqq j6 ui.rax ■aDuapisaa .tetj .lo sijj «J •apMj, Jaq JO sifl t •pauSis -SB .10 punoq niot[M. 0} uoBiad JO araB^ 1— I ■aauapiaaa .iraqi, O •auiuii a}na™d pajudaj .lo JO 'sjnaJBd jaq jo sih O ■aop ■usjddy aq? jo auiBK •a.mquapui jo ajBG • ^ ARBITKATION. ]^g Apprentices— Persons under 16 convicted of certain Larcenies. Any two Justices exercising summary jurisdiction, may apprentice Powers of iwo to any lioueeliolder, carrying on business, or trade, handicraft, J""'™" "> ^ppron- inystery or calling, or to any proprietors of estates, pens, or plauta- fS° fo'„vTt»a"o°f tious, as labourers, or to look after live stock, or to families as domestic aer- ooi-tain offences vants, willing to take tliem for five years, any person under 16, convicted ot stealing or of distroying, or damaging, with intent to steal any tree, plant, root, trult, or other vegetable, production growing in any garden, orch- hard, provision ground; or cane, or coffee, or pimento field, whether in- closed or nol, or of the larceny of other articles of produce, or small stock, the value whereof shall not exceed 10s., and who may be reported and proven to their satisfaction, to be leading an idle and vagrant life, not at- tending any school, or not being sufficiently under the control oftheir parents, i" Uou oiany or ii such apprenticeship, so soon as entered into to be in lieu of any punish- K"'",™ "/ ?""'"''■ ment or portion of punishment authorized by 27, V. c. 33, or any Act §5°&e amending same, or in aid thereoOS V. c. 19 s. 1. The Apprentices and their Masters or Mistresses shall be subject to the subiect to mr,^: provisions of 7 G. 4, c. 26 s. 8—20, 4 V., c. 30, and 5 V., c. 35, except that it sions „f 7G, 4, eS, shall not be required, to obtain the consent of the parents to such apprentice- iJ- «s»."»iis v, „ ship, nor as by 4 V., c. 30, s. 5, to discharge such apprentice, and dii-ecl his S " "' '"'°'" other indenture to be cancelled ; but on hearing and determining any com- plaint against any Master or Mistress, two Justices may transfer the inden- ture of the apprentice to any other parties who agree to take him for the un- expired time, and the transfer shall Ibe under their hand and seal, 28 V. c. 19, s. 2. _ It shall also be required of the Master, &c. of the apprentice, to give him ueiigious iiLstmc during a part of one day in each week, moral and religious instruction, or to ''»" appoint a competent person to do so, 28 V., c. 19, s. 3. Arbitration. The power of any Arbitrator or Umpire, appointed by, or in pursu- u„doi- oidoi- of auce of any Eule of Court, or Judges order, or order of Court of Assize, in Court or Judge mo- any Action, or by an submission to reference, containing an agreement ^"""'''^ that it may be made a Eule of the Court of Chancery or Supreme Court, shall not be revocable witliout the leave of the Com-t, or a Judge, and the Arbitrator or Umpire shall proceed with the reference, notwithstanding any revocation, and make such award, although the party making the revoca- tion does not afterwards attend the reference ; and the Com't, or a Judge may, Enioiscment from time to time, enlarge the term for making the award, 8 V., c. 28, s. 17. When any reference is made by any Rule or order, or by submission, con- Enfovooment of taining such agreement, the Court or a Judge may, by Eule or order, com- oiamination ^^nA mand the attendance and examination of any person to be named, or the m°„t°s° '"" ° groduction of any document to be therein mentioned, and disobedience shall e a contempt of Court ; if in addition to the service, an appointment of the time and place of attendance, signed by one at least of the Arbitrators, or the Umpire before whom the attendance is required, js served either with, or ^^,| after service of the Eule. The person whose attendance is required, shall ponoos""*"" be entitled to the like conduct money and payment of expences as for at- tendance at any trial. The application for the Eule shall set fortli the parish where the witness is residing, at the time, or satisfy the Court or Judge, that he cannot be found. No person shall be compelled to produce any writing or document he would not be compelled to produce at a trial, or to attend at more than two consecutive days, to be named in such order, 8 V- c, 28, s. 18. If it is ordered or agreed the witnesses shall be examined, on oath, the Avbiiraioi- may or Umpire, or any one Arbitrator, may administer an oath to them, or take aciminiitor an oath, Arbitrator their "affirmation, where affirmation is allowed instead of oath. False evidence, pequry, 8 V. c. 28, s. 19. Any Arbitrator, having, by Law, or consent of parties, authority to a» also where hear, receive, and examine evidence, may administer an oath to all wit- "'" "■''';''''«'<'" '» i>y nesses, 20 V. c. 19, e. 11. 20 AURKST. Arms and Ammunition Prohibiiionofei- Tlie Uoveruov may issue a Eoyal Proclamation, pi-oljibiting, for such povtntion jj^^g ^^ appears to him necessary, and the exigency of things requires, the exportation of any description of Arms or Ammunition, -witnout a hcense, under his liand, or unless such otlier regulations are complied with as ai-e de- clared iu the Proclamation, 11 V., c. 4, s. 1. iiii-bour Jiaaiers The Harbour Masters shall go on board every vessel trading to, and maw^seos™ Y. from tMs island, or in any wise departing, or about to depart from any port, c, 23. ». ^3, «ame harboui', road, bay, creek, haven, or quay, contiguous to such port, and exa- oSJrs)'" '^°"°"''' mine and see that it does not caiTy out at any time Ai-ms or Ammunition pro- hibited ; and all persons shall aid and assist them in making such examination ; and in case the Master or any other person belonging to the ship, in any wise resist any such person in making such examination, he shall suffer three months' imprisonment in Gaol, on conviction before tlu'ee Magistrates, 11 v., c. 4, S.-2. Forfeiture ance ConTCrtJbli und If any Arms or Ammujiition are fa|md on board any ship forthepur- pciiaity pose of exportation contrary to Proclamation, the same shall be a forfeiture and confiscation thereof, "and the Master shall be subject to a penalty of .i'l^O, one moiety to the Crown, and the other to the informer, and the Mas- ter shall sufFer the further punishment of six months' imprisonment in Gaol, on conviction before three Magistrates, 11 V., c. 4, s. 3. Recovery of pc- Penalties shall be recovered before three Justices, who may commit """"'' the ofTender to Gaol, not exceeding twelve months, unless he sooner pay the' same, 11 V', c. 4, s. 4. .i™l,a"umS?Arms The Oflicers of the Customs, the Commanders of Forts, Harboui- Mas- ic. tera, and Officers commanding ships of War, may stop and detain any ship having on board any description of Arms or Ammunition, with intent to be exported contrary to Proclamation, and seize them, and proceed to condent nation, in the Supreme (or Circuit Com-ts, 19 V. c. 10), 11 V., c. 4, s. 5. monios""' "' '"'^ *^°® moiety of the monies to arise from the sale, shall be to the informer, and tlie other to the Crown, 11 V., c, 4, s. 6. Duration of Alt Act iu force until the 31st December, 1852, 11 V., c. 4, 7. Further continu- Piu'ther Continued until 31st December, 1867, 26 V. S. 1, u. 1, s. 1. The GoTcniormay by Proclamation in the "Jamaica Gazette," pro- hibit the exportation to any place beyond this island of any saltpetre, sulphate of potash, muriate of potash, (chloride of potassium) nitrate of soda, gun- powder, brimstone, percussion caps, tubes, lead, arms, or ammunition of war, 25 V., c. 23, s. 1; WHch articles shall be deemed ammunition within, 11 V., c. 4, 25 V.,c.23,s.-' All powers possessed by the Harbom- Masters of going on Boai-d and ex- amining any ship for previjnting the export of articles prohibited-, are con- ferred on the officers of the Customs, 25 V., c. 23, s. 3. Proclamation The Govemor may by subsequent Proclamation in the '■ Gaz^-tle' , revoke any Proclamation under this Act, 25 V., c. 23, s. 4. Convertible arti- Articles exported Contrary to 25 V. u. 23, shall be deemed Ammunition ■'"' within 11 v., c. 4, 26 V. S. 1, c. 1, s. 2. Arrest. Service Warrants of Arrest may be sei-vecl at any time, 33, C. -', c, 23, s. 10 (tee Cnurt , Supreme.) Airuiavit of iicbt No person shall be aiTested or held to special bail unless on affidavit, or if a Quaker, a solemn affirmation is made of the cause of action before a Endoraomcnt on Jiuli;c Or Cloiumissioner to take affidavits fee Is. (9d. sterling), and the '"' " '""'"' sum specified iu the affidavit shall be endorsed on the back of the declara- tion, delivered with the writ of process to the Provost Marshal for which and no more he shall take bail. If no affidavit and endorsement are made the Provost Marshal shall not execute the writ, 26 G. 2 c. 2. ' ttiivuitlio No persofl shall be arrested upon mesne procesS in any civil action except as after provided, 8 V., 48, s. 1. .11^ of Cus- Ulticcr-' ARREST. 21 If 11 Plaiutitt' by the affidavit of himself, or of some other person shew Affldnvit to to tlie satisfaction of a Judge that the plaintiff has a cause of action against ^'i^^S, v o i' the defendant to an amount exceeding £6, or has sustained damage to that ' ' " amount, and that there is probable cause for believing tlie defendant is about to quit this island, xmless forthwith apprehended, such Judge may by a special order endorsed on the affidavit, direct that the defendant be held to Oidor thorcon bail for such sum as he thinks fit, not exceeding the amount of the debt, or damages and costs, and thereupon the plaintiff may within the time ex- Aitaohmont pressed in the order, but not afterwards, sue out one or more writs of attach- ment into one or more parishes, as the case requires against any defendant so directed, to be held to bail in the form heretofore used in cases of arrest on mesne proces. Act to extend to all freeholders, 8 V. c. 48, s. 2. noidm Any person having cause of action for which a writ of attachment can Application to a now bj' Law issue (whether already, or intended to be instituted,) and una- justice in the ali- ble to apply to a Judge for his fiat for the arrest of the debtor, or party senoe of aJndgo liable, may apply to any Justice of the Peace, and upon affidavit, setting forth a cause of action as aforesaid, and the grounds of belief and probabi- lity that the debtor or party liable is about to quit the island before an ap-' plication can be made to, and proceedings perfected before a Judge, the Jus- tice may issue a writ of attachment, in the form heretofore in use, to hold the debtor or paity liable to bail to appear to answer such action as has been or shall be filed against him in the Supreme Court, and the affidavit shall be entitled in the Supreme Court and in the cause if pending, and be swoi*n to either before a Commissioner, or the Justice issuing the same, and the writ shall be tested in the name of, and be signed by such Justice, and bear date the day of its issue, and it shall not be necessary to recite therein the facts and eifcnmsta,nces giving rise to the exercise of his substitutional jurisdic- tion, 21, V.c. i3s. 1. The ^^'nt of Attachment whether originally or substitutionally issued by May bo executed a Justice, may ran into, and be executed in any parish other than that of out of justices' ju- the particular jurisdiction of the Justice signing it, 21 V. c. 13 s. 2. nsaietion The party suing for the writ in either of the modes provided, may apply ^^ . to the Court, or a Judge for liberty to issue an an alias writ or writs where " ^ '° "" the defendant is not taken on the first or subsequent writs ; and in the event of any previously issued writ being in the nauds of the Sheriff for execution, and the party chargable has evaded the same, and on being dis- covered or traced the writ already issued cannot be brouglit to bear upon him, any Judge or Justice, whether or not the original writ is issued by a Judge, may issue a further writ in aid for execution m the same or any other parish as often as occasion requires, such further vvrits in aid shall be grounded on fiiS!i,°t ° "" affidavit sworn to before the Judge or Justice, to whom application is made or a Commissioner, stating the fact of the issue of the former writ, and the belief of their evasion and the probalsility of the party still further evading the same, and the authority for the issue of such writ in aid shall extend to, and be exercised by a Judge or Justice, interchangably in all cases whether origi- nally issued by a Judge or a Justice. But resort shall only be had, substi- tutionally to a Justice, in the event of a Judge not being accessible, and such fact shall appear on the affidavit by whicli the Justice is sought to be set in motion, and such writs in aid shall simply recite the isssue of the for- mer writ and its apprehended evasion, and shall be otherwise in the form heretofore in use, and be du'ected to the Provost Marshal, but may be de- ,, „ . livered in the absence of any deputy, to any constable or peace officer, and ,i^^Si "'^ '"^ shall authorize the capture and delivery by him of the party named therein, to the custody of the Provost Mai-shal, under the original writ, 21 V., c. 13, s 3 Upon every Writ of Attachment shall be endorsed the sum of the debt Debt and costs to or claim for wliich bail shall be directed to be taken, as also the amount of bo endorsed on costs of the attachment and action as fixed by the Judge or Justice, 21 V. '^"' r. 13, s. 4. The Provost Marshal or his Deputy, or other Officer charged with the Arrest and deten- execution al the writ, shall arrest the party indicated, and detain him in tion of defendant custody unUl he has paid the debt or claim and costs endorsed on the writ, ;j°fj" P=iy™™' <" and the fees of the arrest, or has given a bail bond with good and sufficient j^,, ^j,^,, security to tjie Provost Marshal or other Officer, in a sum sufficient to cover the amount of principal, interest, costs, and charges, and conditioned for his appearance to the aotidll already, or to be filed, and that the defeiidaut Shall cit the time of appearanea enter into fresh of fiirthfei' bail tdthe aiition !kbev*i if Time for excep- tion to bail Deposit of da- mages and costs Payment tisfaction 22 ARREST. the SLU'ety ^elow is exuepled (o and deemed inBufficeiit, uud in that case AA"ill tlien and there surrender himself into custody under the writ; but if unex- cepted to that, the siuety below will be answerable for such amount of damages and costs as shaJl be recovered in the action, and for all fees incui'- red on the awest, or that the defendant \yU1 render himself in execution and satisfaction of the judgment, and the plaintiff shall have fourteen days after appearance of the defendant to except to the bail, 21 V., c. 13, s. 5. In lieu of a bail bond the defendant may deposit with the officer aiTCht- iug, the amovmt for which he is directed to be held to bail, and the money so received as a dejiosit by the Provost Marshall or other Officer under a Su- preme Court wnt, shall be forthwith returned into the Provost Marshal's Office, and be thereupon deposited by him in the Public Treasui'y to the credit of an accoimt to be opened by the Receiver-General, to be called "The Common Law Suitors' Fund" ,■ the moneys so invested only to be paid out under an order of the Court or a Judge, 21 V. c. 13, s. 6. If the defendant pays the amount of the claim and costs in satisfaction and not as a deposit, the costs shall be forthwith taxed, and the amount of ■the debt or claim and costs as taxed paid forthwith to the party suing out the writ, and the sui-plus if any after satisfaction of the fees for arrest paid to the defendant, 21 V., c. 13, s. 7. Atiaciimeut be- A Writ of Attachment may be issued after verdict and before execu" tween_ verdict and tion, and in such case shall direct the defendant to be held to bail to an" osecution ^^gj, jj^g ^j^^j ^j. damages awarded or assessed, and the costs if taxed ; but if not then taxed, such sum as they shaU be sworn to amount to with such fur- ther sum as shall also be sworn to as likely to be incmTcd for the costs and fees of the arrest, and it shall not be necessary to file an action against the principal debtor on the original causa of action or on the j ndgment to be entered on such verdict ; but the surety in the bail bond to be taken on such aiTest, shall be bound on the -perfection of the judgment to satisfy the debt, da- mages, and costs of judgment, as well as the costs of arrest which shall be Conditiou of bail included in, and form costs of the judgment, or to suri'ender the principal in bond theroandor execution and satisfaction of the same, and the bail bond shall be condi- tioned to such effect, 21 V., c. 13, s. 8, . If there be no cause pending in Com-t at the time of the issue of a wiit tion "nneoeasary— "* atta,chment, and the same dii-ects the party to be held to bail to answer appearance an action to be tiled it shall unnecessary to issue such action for service on the defendant, but the filing of the same and leaving a copy for the defendant with the Clerk of the Court on, or before the day fixed for the defendant's appearance shall be sufficient service on him, and unless appeared to, shall be marked default, and the ap- pearance of a defendant to any such action to be filed, shall be entered m the Supreme Court, within fourteen days, after the execution ef the writ ; but if tnere are not so many days between the execution of the writ and the meeting of the Court, as of which the action dates, or the writ is returnable, then the appearance shall be entered on the first day of such succeeding Court, without regard to the date of the arrest, 21 V. c. 13 s. 9. larac of writbe- On the issue by a Judge of a writ, away from Spanish Town, or in the fore proceedings absence of the Clerk of the Coui-t, the writ shall be signed by the Judge, ' and handed directly to the Provost Marshal, or other Officer for execution, without the necessity of filing the affidavit or writ in the first instance, in the office of the Clerk ;'but the proceedings shall, nevertheless, be forthwith thereafter returned into Court and filed with the proper Officer, 21 V L-. 13, s. 10. r 1 , - The person arrested may apply at any time to the Supreme Court or a Judge fora raleto shew causewhyhe should not be discharged, and the Court or Judge shall determine such rule, anddirect the costs of the application to be paid by either party, or make such other order as may seem meet. Any or- der of a Judge may be discharged or varied by the Court, 21 V. c. 13, s. 1 1. The Provost Marshal executmg a writ by himself or his Deputy shall be entitled to a poundage fee or every captm'e thereunder of 5 per cent, on the amount for which the party is arrested, to be .paid in the first instance by the plaintiff, but to be recovered from the defendant as part of nis costs in the event of his success, 21 V. c. 13, s. 12. The Provost Marshal shall be entitled in addition to the foUowino- fees to be paid and recovered as before mentioned — ° ' On the execution of the writ 5g_ Application discharge ^^urthel' fees ARSENIC, SALES OF. 23 For mile money from the office of the Provost Marshal in Spanish Town to the Parochial Town of the Deputy, to whom the precept may be directed, Id. per mile, if the writ be issued through the Clerk of the Court's Office. For mile money for the first mile, and for each additional mile from the Parochial Town of each parish to tlie place to which the officer may have to travel for the apprehension of the debtor, . . . . . .' Is. For mile money in the City of Kingston, 3s., 91 V., c. 12, s. 13. The Mesne Process Act 1857, 21 V., c. 13, s. 15. s^„4 jm. Where any defendant is taken or charged in custody and imprisoned, or Default on ac- detained in custody for want of sureties for appearance, and tlie prisoner does '■°"» '^''°^?'"^°'^" not appeal' and plead to the action on, or before the usual plea day, the nSi ' appear ^nnd plaintiif shall have default entered on the action and be at liberty to proceed plead therein as is usual upon other actions whereon defaults are entered- If the plaintiff do not proceed to final judgment within two Courts after default en- ^^jjj^' J'"'c^rt» tered, the defendant shall be discharged out of custody, 51 G. 3, c. 28. Where the Provost Marshal takes bail, and the bond is forfeited he shall ABsignment of assign it to the plaintiff, at whose suit the arrest issued, by subscribing his forfeited bond name in the presence of one witness to an assignment endorsed upon the bond in Form, as follows : — I do hereby assign the within bond unto , according to an Act of the Lieutenant-Governor, Council, and Assembly of this island, in such case made and provided. And the Assignee, his Executors, or Administrators may bring actions proccedinga thereon against the bail, in their own names, and having obtained judgment mark on Writs of Venditioni Exponas, to be thereupon issued such levy as they may Venditioni. be entitled to mark on writs to be issued on the judgment in the original ao - tion, and also a further levy for the costs of the action upon the bail bond. If the defendant in the original action, at any time, before judgment ob- tained on the bail bond, appears and gives bail by manucaption to answer the condemnation with costs in case of judgment upon the original action, the bail bond shall be void, and the action, if any, discontinued upon payment of costs. No Writ of Venditioni shall be issued upon a judgment on a bail bond until judgment has been previously had in the original action, 25 G. 3, c. 9, 8. 1. Arsenic, Sales of Every person who sells Arsenic, shall forthwith, and before delivery to Entry of sale the ptirchaser, enter or cause &c., in a fair and regular manner, in a book to be kept by him for the purpose. (Form Schedule, or to the effect) a state- ment of the sale, quantity and the purpose for which it is requii-ed or stated to be required, and the day of the month and year, and the name, place of abode, and condition or occupation of the purchaser, into all which circum- stances, he shall enquire of the purchaser, before delivery of the Arsenic, such entries to be signed by the person making them, and by the purchaser unless he profess to be unable to write (in which case the person making the entry, sh^ add to the particulars " cannot write") and where a witness is required to the sale, shall also be signed by him, with his place of abode, 15 V. c. 7, s. 1. No person shall sell Arsenic, to any person unknown to him, unless in soios to persons im- the presence of a witness, known to the person selling, and to whom the known to seller. pnr5iaaer is known, and who signs his name, and place of abode, to such en- Only to persons of tries before delivery. No person shall sell arsenic to any other than a person "^ *«= of fall age, 15 V. c. 7, s. 2. Nor unless it be before sale, mixed with soot or indigo in the proportion to bo mixed witii of one ounce of soot or half an ounce of indigo, at least, to one pound of the soot, or i»digo. or Arsenic. Where the Arsenic is stated to be required, not for use in agi-iculture, fejf thanTo ibT but for some other purpose, for which such admixture would according to the purchaser's representation, render it unfit, it may be sold without admixture m a quantity of not less than 10 lbs. at any one time, 15 V. c. 7, s, 3. i . 24 ABSENIO, SALES DP, Penalties If any pei'BOU sells any Arsenic, save as authorized, or on sale, delivers it withoHt having made and signed the entries or obtained, the signatures required or if any jjui'chaser gives false infoimation to tl)e person selling in relation to the particulars, he is authorized to enquire into, or if any person sign his name as a witness to a sale to a person unknown to him, the offen- der shall on summary conviction, before two Justices, be liable to a penalty, not exceeding £5, 15 V. c. 7, s. 4. Not to extend to the sale of Arsenio, when it forms part of the ingredients Medical prescript tiODB, sal wholesale by of any Medicine, required to be made up or compounded according to the prescription of a legally qualified Medical Practitioner, or a member of the medical profession, or to the sale of Arsenic, by wholesale, to retail dealers, upon orders in writing in the ordinary course of wholesale dealing, 15 V. c. 7, s. 5. Interpretation " Arsenic" to include " Arsenious Acid" and the Arsenites Arsenic Acid and the Arseniates, and all other colorless, poisonous preparations of Arse- nic, 15 V. c. 7, s. 6. SCHEDULE.— S. 1. T3 ■sS -w pj O^ iD *C3 Jk 11 . 1 c C « O '^ § as o gS a, ■S O. ^g a o ^ Qi S d m'O s3 o infamous cvime to . c. .63, 0. 'tv, render ineligible as Clerks' of the Vestry, ineligible, 16 V. c. 43, s. 46. ''°"' Auditors' Genei-aljai V. c. 1, s. 17. Eeceiver-General or Bookkeeper, 21 V. i. 4, o. 19. Inspector of Revenue, 28 V. c. 21, o. 10. If a member die during the recess, or is appointed a member of the Legia- ^.^g,'"''"'''" ''"'''"* lative Council, the Governor shall forthwith du'ect a writ to be issued by the Clerk of the patents, for the election of another, to fill up the vacancy, du^ct- ed and delivered to the Provost Marshal for execution, as writs issued durmg the sitting of the Assembly, 22 V. c. 5, s. 1. When an Assembly is summoned, there shall be 40 days between the teste ''and retum°o" teste and return of the writs of summons, and the Provost Marshal shall with Summons, all convenient speed, transmit a warrant to the Gustos or a Justice residing in ProoeediuBs t o each parish, addressed to the Inspector of Police, to warn the voters to appear ^"™ voters. at the election of members to represent the same, and the Custos or Justice, shall sign and cause it to be delivered to the Police, 22 V. c. 5, s. 2. The Inspector shall warn the voters, by causing a notice in writing of Notice, the time and place of election to be fixed on or near the doors of the Court Houses of the Churches and Chapels for 5 days at least previous, to be com- puted from its date, the day of date being included, 22 V. o. 5, s. 3. When a member resigns his seat during the sitting, and a writ issues for vacancies during an election in his room, the warrant shall be transmitted, and the notice of ='""™- the time and place of election given as before directed, 22 V. o. 5, s. 4. A separate day shall be appointed in each writ for the election in each parish, and no two parishes shall elect on the same day. If the writ is not parish, executed on the day appointed (there being no interruption of proceedings at the elections as after provided) no new writ shall issue until after the meeting of the Assembly, 92 V. c. 5, s. 5. The Provost Marshal shall be the retui'ning officer, at elections for Mem- Ketnming ofBcw, bers and Coroners, and shall appoint persons to assist in taking the poU, whenever necessary to open it at more than one place, 22 V. c. 5, s. 6. The Gustos of each parish (Kingston excepted) shall appoint one or more ^ ^^ places, polling places at all elections, and persons to keep the poll at elections for Vestrymen and Churchwardens, wnenever it is determined to open the poll at more than one place, 22 V. c. 5, s. 7. The Provost Marshal shall be paid £3, for each election at which one Provost Marshal's Member ora Coroneris returned and £5 at each election, at which two or more members are returned whether contested or not, 22 V. c. 5, s. 8. The Provost Marshal shall not employ as his assessor or professional as- Assessor, ■ sistant or adviser, any person retainea or employed as the agent or profes- sieual adviser of any candidate, 23 V. e. 5, ti. 9, Separate days of li^leetion for each Adjou T u mc ut Riot. 30 ASSEMBLY. Polling hours, do- Elections shall commence between 9 and 10 o'clock, a.m. and be closed at cinriDB Eiootion. 4 p ,„ ^f t]jg gj^^g jjjT. When the votes are taten at more than one place, the list shall be at each place, sealed up at 4 p.m. in the presence of 6 Electors, to be testified by their signatures to the Provost Marshal, vcho shall at the usu- al place of doing public business between 8 and 12 of the following day in the presence of 6 electors, who shall testify the fact by their signatures open such lists, cast up the votes, and declare who are duly elected. In case of an elec- . tion on Saturdav, the votes shaU be cast up on the Monday following. 22 ' V. c. 5, s. 10. " When the proceedings are interrupted by riot or open violence, the Pro- vost Marshal shall adjourn until the following day, and if a Sunday or public holiday until the day after, and if necessary from day to day, until the inter- ruption has ceased, upon which he shall proceed with the election at the same place or places, and where the poll has been taken at several places, and there IS not time to ascertain before 4 o'clock, who has been duly elected, the poll shall be sealed up and the fact testified as before directed, and the Provost Marshal shall at the usual place of public business between 8 and 12 of the fol- lowing day, open the lists cast up the votes in the presence of 6 electors, and declare who is duly elected. 22 V. c. 5, s. H. Where there is no opposition to the candidate or candidates proposed, the Provost Marshal shall close the poll, 2 hours after it was opened, 22 V. c. 5, s. 12. Questions at pou No enquiry shall be made at any election at the time of polling as to the (or pouiseepeis a 34 j-jght of any person to vote except by the Provost Marshal, who shall if re- quired on behalf of any candidate put to the voter, at the time of tendering his vote and not afterwards the following questions, or any of them and no other and record in writing the answers. How or in what capacity do you vote ? * Have you now the same qualification for which your name was original- ly inserted in the Eegister of Voters now in force for this pariah, and do you conscientiously believe that you are legally entitled to vote upon it at this election ? 22 V. c. 5, s. 13. Closing poll no op- position. Oatii to voter. The Provost Mai'shal shall if required on behalf of any candidate at the time aforesaid, administer an oath (or in case of a Quaker or Moravian an af- firmation) to any voter in the following form. You A. B. do swear (or being a Quaker or Moravian do afiirm) that you are the same person whose name appears as A. B. on the Re- gister of Voters now in force for this parish, that you have not be- fore voted here or elsewhere at the present election, that you still and do now possess the qualification upon which you claim to be Regis- tered as a Voter, and that you have done nothing to deprive you of your right to Vote at this election. So help you God. 22 V. c. 5, s. 14. No person shall be requu'ed to take any other oath, nor be excluded from voting, unless it appears to the Provost Marshal, from the answers re- ceived to any of the questions put that he is not the same person, whose name appears in the Eegister or thai; he has previously vot«d or has not the same qualification for which his name was origuially inserted in such Register, or unless he refuses to take the oath or make the affirmation or take or make any other oath or afiirmation required by law, and no scnitiny shall be allow- ed at any election of any vote given or tendered, 22 V. c. 5, s. 15. The Provost Marshal shall write jurat opposite the name of every voter, who takes the oath, 22 V. c. 5, s. 16. Making false answer to any of the questions or swearing, or affirming falsely, pmiishable as perjury, and indictable at the public expense, SS V.c. 5, s-17. Protection from Eveiy pOKBon whose name appeai-s upon the Register, shall be protected oivU prooesa jjj jjjg person and usual personal equipage against all mesne and judiciat pro-- cess in civil causes on the day of election for the pai'ish, 23 V. e. 5, a. 18. Ko other oath to bo taken nor votef excluded who an- awora the questions and takes the oath. See noman Catho- licaf 10 G. 4, c. 12, B. 3. Jurat to be writ- ten opposite the namoa of s w o r n voters. F a 1 B answers &c. ASSEMBLY. gj^ No regiment of Militia or company or Troop of Horse, of any Parisli, MUiUa not to bo or precinct, where an election is to be held, shall be in arms &n that day, and """''I'o'"' no voter shall he sent or forced out on any party or other military duty, till the election is over, except in case of invasion, actual insurrection or rebel- lion under penalty of £50 on the oifeuder, to be recovered in the Supreme Coui-t, one moiety to the person who sties, 22 V. c. 5, s. 19. When the return of any member is objected to at an election, and notice Proceedings i n given to the Provost Marshal, previous to or upon the closing of the poll, tliat Mssofno'iMff po- it is the mtention of a candidate or voter, to petition the House for a sci utiny °" »"™i>iy- the Provost Maishal shaU within 10 days after, transmit the poll to the office "'°™'""™' "''P'".' of enrolnlents to be enrolled and open to inspection, having first made affi- davit before a Justice, under or on the back of the same, that it is really and bona fide the true and genuine poll, taken at such election, without anv alte- ration, 22 V. c. 5, s. 20. The Provost Marshal, shall previously make a copy, which sworn to by Swom copy, liim as true and correct, shall be received and enrolled in lieu of the original in case it is lost or rendered useless, 22 V. c. 5, s. 21. If he wilfuUy neglect to take the poll, at any election, or where notice of '^,"5?"'°k ?" ^™" a scrutiny is given, omits or neglects to return the poll as directed, he shall """ ■•""""• be liable to imprisonment not exceeding one year, and to a fine not exceed- ing £200. 22 V. c. 5, s. 22. Whenever the retmii of a member is objected to and notice of scrutiny Lists of Votoi-s ob- given, the candidate or voter shall by himself or his agent, within 21 days Sy'pe,? ^° ifSI' after the election, deliver to the person elected, a list of the Voters objected ing to rotum" to either by peraonal service or by leaving the list at his usual place of resi- dence, or in nis absence from the island, by personal service upon the pro- curation attorney if known, or perton who appeared as his agent, at the election, or at the usual place of residence of such attorney or agent, and shall assign opposite each name, upon the list a short and clear specification of the objections intended to be relied upon before the committee to try the election, 24 V. c. 8, s. 1. The person elected to entitle himself to object to the votes opposed to Lut to bo served him shall within 21 days after service of the objection on him deliver in like i'j^jSJjl 'j"'''™ °.''' manner a list of his objections with a like specification of the objections to be turn ° '° '° urged against each vote and on failure of such objection to any voter within the time he shall be deemed unobjected to 24 V. c. 8, s^ 2. No Summons to a witness shall issue from the committee, totryanelec- Ef","?™"?' f""; tion, except by order made on consideration of any objection or answer, or ' "^ '"" °"""'"'=" where it is deemed necessary by the committee to obtain fui-ther evidence as to any allegation made on one side, and disputed on the other 22 V. o. 5, s. 24. Where any person has voted for the sitting member and petitioner, the Objootion to vot- notice of obiection on behalf of one, shall operate to the full benefit of the ?" for both parties other, 22 V. c. 5, B. 25. ''^°°°- On petition complaining of an audue election, the petitioner and person impjacbment of defending the election may impeach the correctness of the Register in force, Kogister on somti- by proving that the name of any person who voted vas improperly inserted "'^' or retained, or the name of any- person who tendered his vote, was improper- ly omitted, and the committee shall alter the poll according to the truth of the case, and report their determination to the House, by whom it shall be carri- ed into efiect, 22 V. o. 5, s. 26. If any candidate or voter after objectiu"- to and serving notice of his in- costs of Scrutiny, tentionto petition against the return oi any person, omit or neglect to do so liability for he shall be liable to pay all costs and expenses incurred by such person, to be recovered by action ot debt in the Supreme Court, but if the voter or can- didate objecting within 10 days after the election, give notice to the person whose return he objected to, that it is not his intention to proceed to- try the validity of the election, he shall not be liable, 22 V. c. 5, s. 27. No candidate shall by himself or agent, directly or indirectly, give fiub- Entertainment.? lie entertainment of provisions or liquor previous to or on the day of election, in public houses or in houses or booths hired, lent or erected for the pur- pose, 22 V. c. 5, E. 28. If any is given the election as to the candidate, giving or causing it to be to avoid tho eieo- given shall be void, and if he have a majority of votes on the poll, a new tlon of the condi- writ shall issue, and he shall be incapable of being chosen to the Assembly, dn^ giving «. dui-ing tho Session next after, 29 V. c. 5, s. 29. 32 assembly' didoto'''' ^^ ™" ^^ ^^y candidate by himself or agent, bribe or attempt to bribe or give money or goods, for seonriug the vote of any voter, or inducing him to record hie vote in his favor, or to influence or procure any votes to be re- corded in his favor, on the day of election, such candidate shall be liable to be indicted in any Circuit Court, for a misdemeanor, and upon conviction to pay a fine not exceeding £100, and to be imprisoned in any prison not ex- ceeding 6 month's, and be incapacitated from sitting in the Assembly, for six years after conviction, 22 V. c. 5, s. 30. Taking bribe Every voter or person who receives or takes any bribe, shall be guilty of a misdemeanor, and conviction in any Circuit Court, be liable to a penalty not exceeding £50, and imprisonment in any prison, for not exceeding 3 months, and, if a voter, be deprived of the right of voting at any election, for 6 years after conviction, 22 "VT c. 5, s. 31. Fraudulent con Conveyances to any person in a fraudulent and collusive manner, to voter""'" ° "" ^ qualify him at any election, subject to conditions or agreements to defeat or determine the estate, or to reeonvey the same, shall be taten to convey the estate, in fee simple, and all bonds, covenants, collateral, and other securities, for redeeming, revoking or defeating such estates, or for restoring or recon- veying the same, or any part to any person who made or executed any such conveyance or any person in trust for him or any of them, shall be void, and any person who makes and executes such conveyance or being privy to the pvirpose devises or prepares it, and every person, who by color thereof, gives any vote at any election, shall for every conveyance or vote, so created or given forfeit £100, to any person who sues by action of debt, 22 V. c. 5, 8.32. Penalties. If any person -wilfully contravene, or disobey any of the provisions of this Act, for which no penalty is provided, he shall be liable to be sued in an action of debt, for the penal sum of £100, with full costs, to the party who sues, but no action shall be brought except byan elector, candidate, or mem- ber actually returned or other party aggrieved, and the remedy shall not supercede any remedy or action the parties may have against such person, 22 V. c. 5, s, 33. Act appiioaMo to This Act where not inconsistent, shall be applicable to and regulate other Elections. elections for members of the Common Council of Kingston or Vestrymen and Churchwardens, and the persons appointed to take the poll at such elec- tions, shall have the powers given to the Provost Mai'shal, as i-etuming offi- cer and the candidates, voters, and other persons taking part in such elec- tions, shall be liable to the penalties imposed by tbis Act, so far as they can be enforced for the oifences mentioned herein comiiiilted by them 22 V. c. 5, s. 34. Interpretation.; " Provo.st Marshal" shall mean also the Deputy of and any person ap- pointed to take or assist in taking the poll, at any election bv the Provost Marshal, 22 V. c. 5, s. 36. QualMoation of N° person elected a member of Assembly, shall sit or vote unless he was members. previous to his election, a freeholder in his own or his wife's right, and poe- Sco 33 0. 2, c. I. sessed besides of one of the following (jualificatious. 1. A clear annual income, afterpayment of all just debts of £150, aris- ing from lands, lield by him in his own light, or in right of his wife. 2. A clear annual income as aforesaid, arising partly from lands, held by him as aforesaid, and partly from income, the produce of any freehold office, or any business (after deducting all charges and ex- penses of such office or business) of £200. 3. A clear annual income as aforesaid, ai-ising from any freehold office, or any business (after deducting all charges and expenses of puch office or business) of £300. 4. The payment annually of land tax, or other tax on houses, tax on horses, mules, asses, neat cattle, breeding stock and spring carri- ages, and still and cart licences, export duty paid by the produce or any one or more of tliem, to the extent of £10, 6r upwards. statement on oath , .Nor until he has produced to and left with the Clerk of the Assembly, of quaiiacaiion. and m the case of a new House, and mitil a Clerk has been elected, the Clerk of the Privy Council, attending the House with the writs of election and re- turns, a statement in writing of his qiiallRcation, signed by him and sworn ASSEMBLY. 33 to before a Justice, as true and correct in every pai-tioular in which he shall set out m words fully, distinctly and at length, the nature of his qualifloation, the name of the town, district and parish in which the lands are situate, the date of his title, the name of the person from whom he derived it, the liber in which it is enrolled in the office of enrolments, and the folio. Form Sche- dule A, 22 V. c. 18, B. 1. The Clerk of the Privy Council, shall carefully keep the statements left m,m, ■ with him, and as soon as a Clerk to the Assembly has been elected, deliver Hi'; thewtohim,22V. c. 18, 8. 2. ""' , ^ The Clerk of the Assembly, shall safely keep in his office, all statements cilrl^S S AMe'm left with him as aforesaid, and by members, and not deliver any of them, to w" any person except by order froro a Judge in due course of law, 22 V. c. 18, s. 3. 1. Freehold. Every male person ot 21, aild not affected by any legal Quaimoations of incapacity or convicted of any felony, registered and entitled to ^'"="- vote on Ist November, 1859, in any of the capacities of freeholder in respect of lands held as owner, trustee, cestniqui trust, mort- ^gor ormortgagee iu possession of the clear annual value of £6, shall so long as he continues to possess the same qualifloation, be entitled to vote thereon, the person claiming to be registered as an elector after 1st November. 1859, being in the actual possession of lands, as owner &c., the clear annual value whereof shall be not less than £6, per annum. » 2. Kent. The person claiming as above, being in the receipt, in his own right of a rent payable out of lands of the clear annual value of not less than £20. 3. Tenant. The person claiming as above, being in the occupation of a House, as tenant, the annual rental of which paid by him, is not less than £20. 4. Salary. The person claiming as above, being in the receipt of an annual Salai^, from the public, a parish, a company, a firm or an individual, of not less than £50. 5. Payment of Taxes. The person claiming as above, paying annual- ly land tax, registration or other|tax on houses, tax on horses, mules, asses, neat cattle, spring carriages, and cart license, or any one or more of them, or any other direct tax, which may be im- posed, a sum amounting to 20s. or upwards. 6. Money. The person claiming as above, and having deposited iu a Saving or other Bank, or having invested iu island securities, a sum not less than £100, and having a Bank deposit receipt, or is- land certificate, in his own name, and in his own right for the same, dated at least 12 month, prior to the diy of election, 22 V. c. 18, s. 4. Payment of Taxes. — Each taxpayer to the extent of 30s and upwards, Taxpayers, sob. who has paid taxes on or before 30th September, iu each year, shall be en- titled, ipso facto, to be registered as a voter, and to exercise the right of voicing at any election, in the parish, in which the taxes are paid for the suc- ceeding year, without prefering or tendering any claim under 22 V. c. 18. „ ,, , Afla each Collector of Dues, shall on 1st Octdber, or within 5 days after, to fSiSh'cterk S? make out an alphabetical list in duplicate of all persons, who paid in his thaveatrywitiiiisti office, taxes to the extent aforesaid, Up to the preoeeding 30th September, of. to ba reBistored. and subscribe and swear to the truth of such lists, and deliver one to the Clerk of the Vestry, who shall thereupon transfer to and insert in the regis- Ana affixed to ter of voters of the parish, the name of every such taxpayer, and the otlier Court Homo list shall be affixed to the outer door of the Court House, 28 V. c. 2, s. 1. The claim to vote may be preferred by attorney or agent, in the absence ciaima may bo from the island, ef the voter, but the right of voting, shall only be exercised g"'J"AgeM^"°'" in person, and the forms prescribed by 22 V. c. 18, may be adapted to such case, 28 V. c. 2, s. 2. The claim to be registered and right toTote, shall be exercised in the pa- tobo'eiMoiMdm'iy rish only, where the landorpiemisesin which the right is claimed, is situate in the parish where or where the other personal qualification of rent, tenancy, salaly, taxes, '5^°^ ijiiaiiflcotion or deposits of money, are respectively existing arising, payable or invested, 28 V. c. 2, s. 3. 34 On one qualifica- tion only Several claim- antaas AreelioldeTa or tenants. Kotice to regis- Stamp on claim Exemption from 109 stamp. Adaptation of forms in S2 V. c. 18, Sch. C. Title to vote con- tinuance on renew- ed claim Exemptions, 88 V. 0. S 8 1 Sworn particu- lars of freehold Rent. Tenancy Salary, taxes, mo- ney invested Alphabetical list The Begister of electors for 18 See as to tax-pay- ers of 30b, SSVc. 8 ASSEMBLY. No person shall vote in respect of more than one qualification, in any parish, or at any election, 22 V. c. 18, s. 5. Where several persons claim to be registered in respect of land as free- holders or tenants tney shall not be placed on the list of voters, nnless the clear atinnal value or the annual rent paid therefore respectively, shall when divided by the number of such persons give an annual value of not leas than i,6, or an annual rental of not less than £20 to each, 22 V., c. 18, s. 6. The Rector shall be placed on the Eegister without any claim, and vote without being questioned or required to take an oath respecting his qualification, 22 V; c. 18, s. 7. The Clerk of the Vestry shall on, or before the 30th August in each year, cause to be fixed on, or near the doors of the Court Houses and Churches and Chapels in his parish, a notice in writing (Form Schedule B.) requiring all persons entitled to vote to deliver to him on or before 1st November their claims to be registered as voters accordhig to Form Schedule C. No. 1, 22 V. c. 18, s. 8. The Clerk shall not receive any claim nnless impressed with stamps of 10s., under penalty of £5 for each claim, 22 V. c. 18, s. 9. Except in the case of a freeholder, whose land is of the actual , value of £6, and who, on or before the 30th September preceding theyearfoi" which he claims to vote, pays taxes to the extent of 20s. per annum, who is relieved fi'om payment of the Stamp Duty on his claim 28 v., c. 2 s. 1. As are also tax-payers to the extent of 30s. and upwards who are re- lieved of the necessity of preferiing claims, 28 V., c. 2 s.l. The forms in 22 V. o. 18 Sch. C. for claims to vote on freehold and pay- ment of taxes shall be adapted for the purposes of this Act, in respect of ex- emption from the lOs. stamp on the claim to vote on freehold, 28 v., o, 2 s. 4. Every person whose name is registered shall continue entitled to vote as long as he retains the same qualification in respect of which he originally claimed, and on, or before the 1st November in each year, sends, or leaves with the Clerk of the Vestry a declaration (Form Schedule C, No. 2) that he is at the time of making such declaration in possession of the qualification upon which he originally claimed to vote which shall be impressed with lOs stamps, 22 V. c. 18, s. 10. No person shall be entitled to be registered as a voter on a freehold, unless he at the time of lodging his claim has produced t», and left with the Clerk of the Vestry a memorandum in writmg (Form Schedule C, No. 3), signed by hun, and declared to on oath before a Justice or the Clerk of the Vestry, setting forth the manner in which his freehold was acquired whether by deed or will, the name of the party who conveyed or devised it, the date of the conveyance or will, and of the record, and the liber and folio, and each Clerk of the Vestry snail file and preserve such memoran- dum in his Office, 22 V. c. 18, a. 11. Nor in the case of rent or tenancy, unless a memorandum is lodged ■ with the claim (Form Schedule C, No. 4 for rent. No. 5, for tenant), settmg forth the name of the person from whom he obtained the rent, or remed the house, the period during which he has been in the receipt of the rent, or oc- cupancy ol the house, the annual amount of rent received or paid, when last received or last paid by him, and up to which it was received or paid, which memorandum shall be filed and preserved, 22 V.,c. 18, s. 12. Nor where the qualification is salary, the payment of taxes, or money invested in a Bank or in Island Securities without a memorandum (Forms, Schedule C, Nos. 6,- 7, 8.), setting forth the amount of his salary, taxes, or money invested, or situation he nolda, and when employed by a Firm or Company, or individnal, the name of the Firm or Company, and the pre- nonien and surname of the individual, thejperiod he first obtained the si- tuation, or commenced to pay taxes, and the name of the town or district of a parish in which he is employed, which memorandum shall be filed and preserved, 22 V. c. 18, s. 13. The Clerk of the Vestry shaU on, or before the 30th November, in each year, make out an Alphabetical list of allpersons whose names are then on the Raster, and who have lodged a declaration, and of all persons who on, or before the 1st November, have claimed to be registered as Electors of the pa- rish, to be called " The Register of Electors of the paiish of for the year 18 ", (Form Schedule D.) 22 V. c. 18, s. 14. * ASSEMBLY. 35 No person's uame shall be placed on the Register in any year as a free- ration tor wwoi. holder, unless his title has been eni'oUed for three months at least before the *^'v, 1 g 13 pleasure ' Salary £600 per annum, 17 V. c. 29, ech. A. To h«T« beon r« When a vacancv occuis by death, resignation or removal, the Governor ■ident 6 years be- may appoint under nis hand and seal, a person wlio has been resident in this fore appointment island, for years before appointment, and who shall be entitled to £600 per annum, payable quarterly, but shall not be entitled to such salary, unless so qualified, 21 V. c. 1, s. 16. Not to be a member He shall not during his continuance in office, be elected or appointed to of theLeiieiatur. gjjgg ^ member of either biauch of the Lesrislature, 21 V. c. 1, a. 17. Short title The Public Audit Act, 1857. 21 V. c. 1, s. 19. Duration In force to 31st December, 1864, 21 V. c. 1, ». 20. CoaUnnance Continued to 31st March, 1865, 28 V, c. 7. Further continued to 31st March, 1872, 28 V. c. 31, s. 1. In addition to the salaiy now payable to the sole Commissioner for ex- amining the public accounts or Auditoi-General, he shall be paid on the Go- vernors warrants a further sum at the rate of £ 1.50 per annum, by monthly- or other payments as the Governor, with the advice of the Executive Commit- tee, shall direct, 28 V. c. 31, s. 2. Clerk! There shall be paid as annual salary to the first clerk in the office, £225 ; to the second clerk £180 , to the third clerk £120 ; and no greater sums on the Governore warrant by monthly or other payments, 28 V. c. 31, s. 3. Inspector of Re- The Governor may appoint under his hand and seal, an Inspector of Ke" "s°i" .£■ venues, at a salary of £600 per annum, payable monthly on his warrant, alary iwM with an allowance of £200 per annum, tor travelling expenses, payable in penceljcsof °* 'ike manner, subject to removal for just cause by the Governor, 28 V. RemoTable for "• ^^j ^- ^• ""S" duties to in- ^® shidl twice a year or as often as directed by the Governor and Exe- Testigate and report cutive Committee, personally attend at and examine and investigate into "fth **•* ""*^""'* every department of the public and parochial revenue, and examine all books nne depar£eni^^° of account and accounts, vouchers and papers, having relation to the revenue of every department or source, and in the possession or under the control of every officer or person charged or having to deal with the collection of the revenues of the several .departments throughout the island, and shall after every examination make a separate report as to each department of his pro- ceedings in, and the results of such examination, together with his observa- tions, remarks or suggestions ou any matter coming under his cognizance, to the Governor in Executive Committee, and also make examination and re- port on any further occasions whenever required by the Governor, with the advice of the Executive Committee, 28 V. c. 21, s. 3. eovemor, *c. The Governor and Executive Committee may make orders and regula- Sr'hir'directfon" Wous for the diieotion of the Inspector, in the frill and due discharge of his duties and for carrying out the purposes and policy of this Act, 28 V. c. 21, s 4. pu^poTCof tavosti' ^^ shall visit and enter into every place of business occupied by every gation Officer or person charged with, or engaged in collection of any revenue or monies belonging to, or to be accounted for to the public in any department of the Public or Parochial service, and send for, and have the custody of any books or papers under his control, and call for any returns from him" relating to any such revenue or public moneys, and may" keep such books or papers for such time as may be required, and may also send for and examine upon ' oath which he is authorized to administer any person touching any matter ■■ relating to any revenue, source of revenue, or public money, or the ac- counts thereof, 28 A^ c. 21, s, 5. Refusal lo bo' ex ■ H any Revenue Officer or other person when rcquii-ed or sent for by the duM booksric"""' Inspector, neglects or refuses to appear before him, or to deliver, or produce any -books, &c. touching any mutter connected with any revenue or public moneys for which he is accountable, or if having come before the Inspector he refuses to be sworn or to answer any question the Inspector may lawfully require to have answered, or neglects'dr refuses to bring with him", or to pro- duce any books, &c. , or to make any return he m?y be required to make re. Penalty aBd re- latjng to any such revenue, source of revenue, or public moneys he shallfor- corery felt Dot exceeding £100, to be recovered by attachment under the hand and teal of a Judge of the Supreme Court, to the use of the Crown for th» BANKS. 45 government of theioland; but before atiacliment issues it must be shewn j„ago to to satu- that tile conduct of the person was conlumiicious, or incase of non-attend- flea, hu conduct ance that he had been duly required to altend, and had no reasonable exouse, V"' ""I'l™""''"'". 28V.C. ai, 8. 6. ""■ No such Officer or person shall be required to give attendance out of his ^^"^ "f ""on- official or accustomed place of business, except where the Inspector requires J^"^" fof """""ina- to be attended in some more pj-ivate or convenient place, not further than one mile from such place of business, or unless under special direction by the Governor In Executive Committee, 28 V. o. 21,s. 7. Wilfully and corruptly giving false evidence, or making a false state- Paiso ovidcnos, meut when under examination punishable as perjury, and to be prosecuted as P^J'^'y- a public prosecution, 28 V. c. 21 , s. 8 Any person obstructing, hindering, or impeding the Inspector iu the exe- obstructing in cution of Ills duty, or iu carrying out any order, or direction of the Governor, "P""""'- in Executive Committee, shall on conviction forfeit not exceeding £50, or In defanlt of payment be inaprisoned for sixty days, the proceedings to be- according to the provisions of any Act m force regulating summary proceedings before Justices, 28 V. c. 21 , s. 9. No Inspector during his continuance iu office shall be elected or ap- inspector not to pointed to sit asamemberof either branch of the Legislature,' 28 V. c. 21, slO. be a member of the Legislature Autrefois, Acqnit or Convict. In any plea of autrefois convict or acquit, it shall be sufficient for Foimoi pie«. the defendant to state that he has been lawfully convicted or acquitted, as the case may be of the oftence charged in the indictment without setting out the same in any formal manner, 16, V. c, 15 s. 28 . Banks. Every Corporation, Copartnership, or Individual carrying on the trade of ,JJ'™^''°°'' J"°'„' Bankingand issuing notes, payable to bearer on demand, shall keep weekly notes in^frcuution! accounts of the average amount of Notes in circulation, and make up quar- terly accounts and returns, on oath, of the average amount iu cii-oulation at the end of each quarter to the Commissioner of Stamps in Kingston — penalty £500, 7 V. c. 47, s. 12. And publish in a Kingston newspaper an annual account on, or be.fore Annual state. 1st April, shewing the whole amount of their debts and assets at the close of JJSVo ' °''' the past year; also of the Notes-in ciroulation during each month, with the amount of specie and other assests immediately available in every mouth for their discharge, and deliver a copy to the Commissioner of Stamps — penalties for every week's default, £500, for false return 'the Bank £500 — person making out £100, and penalties for perjury, 7 V. c. 47, s. 13, 15. Also take up, and pay such Notes in coin on presentation at the Kotcs to bo paid place of issue. Holders of dishonored Notps (having protested them) shall be entitled to interest fi'om the date of protest, and expense of protest. 7 V. c. 47, s. 14. Penalties to be sued for in the Supreme Court, 7 V. c. 47, o. 1 6. No demand, any member may have for any share or any dividends, in- m'^mbeM\''S'a °co' terest, profits, or proceeds shall be setoff against a demand of the Copart- partnership. nership, 11 V. c. 11, s. 4. Members who steal or embezzle property of, or commit any fraud, for- Crimes by mem- gery, crime, or offence against, or witb intent to injure or defraud the ^'"' Copartnership may be indicted and convicted as if they were not mem- . hers, llV.c. ll,e. 5. The record in the Secretaiy's Office of the Colonial Bank Charter, colonial uank and certified copies declared evidence, 7 W. 4, c. 18. oharter tlon. The Bank of Jamaica the only Joint-Stock Bank, being in couruf of li- quidation the remaining clauses of 7 V. c. 47 and 11 V. o. 11 ^ are not abridged asfuturoBankingCompanieBinustregister under the Incorporated Compa- nies' Act, 27 v. 8. 2, 0. 4", or obtain Special Acts. 4a Admission, lia- bility to client Certificates fees Circuit coTirts HATH, ST. THOMAS THE APOSTl^EJ* Barristers. Must be admitted and take the oaths of allegiance and enpremacy ber fore being allowed to practice. By negligence or ignorance, mistaking their client's case and imperfectly laying his action, or ill-drawing the^ declaration whereby the client suffers a non-suit, liable by rule of Court, without other process, to pay to the party aggrieved full costs of suit, 33 C. i, c 23, s. 4. If demanded to give certificate of fees received to be produced on taxa- tion of costs under 24 G. 2. c. 19, s. 2. To practice in Circuit Courts, 19 V. c. 10, s. 29. Their signature not necessary to any pleading in the Supreme Court, signature to - «/* pleadings unne- 28 v. c. 37,8.36. cessary in the su- preme court Bath^ St. Thomas the Apostle. Incorporatinn. To hold lands Sue and be sued demise lands Common Seal olerk Servants Rules Meetings Quorum Physician. Physician's an- nual returns. To be laid be- fore the Legisla- ture Clerks duties Quarterly ac- counts Annual accounts i To be laid before the Legislature Expenditure of monies The Gustos and Members for St. Thomas in the East, the Curate of Batb, and five other persons residing in (St. Thomas in the East, 24 V. c. 23) to be elected by tne Justices in Special Session not less than five, and such other persona residing in the parish as shall be in like manner elected to fill any vacancy from death, resignation, departure from the island, or re- moval from the parish, in the number of five persons incoi-porated as "the Dii-ectors of the Bath of St. Thomas the Apostle," to hold the lands be- longing to the Bath, 23, V. c. 6, a. 1. With power to sue and be sued, demise, lease, or rent the lands not re- quired for the purposes of the Bath for not exceeding twenty-one years, for tlie most money that can be got, to have a common seal, to appoint a Clerk, who shall resiae in the town of Baih, or its immediate neighbourhood — sa- lary £20, remove him and fill up vacancies, employ servants for the c-^re of the hath and Garden, make rules for the goverament of the Bath and Garden and the i'hysician, Clerk, Servants, and Patients resorting to the Bath for the use of its waters, under seal, which are to be printed and hungup in the premises of the Bath. To meet quarterly in th& town of Bath on Slst March, 30th June, 30th September, and 31st December, or as soon after as practicable , inspect the premises, enquire into matters con- nected with the Bath and Garden, examine and pass accoimts, and at other times giving two week's notice in the " Gazette", of the days on which each Special Meeting is to be held, and the purpose, Three "Directors a quo- i-um, 23 V. c. 6, s. 2. Tbey may appoint a Physician to the Bath, salaij £48, remove him, and fill up vacancies from death, disr^iissal, removal irom the town or im- mediate neighbourhood of Bath or resignation, 23 V. c. 6, s. 3. The Pijysician shall prepare and lay before the Directors at tlieir first meeting after 30th September, a return of the persoub who during tht; ytar visited tlie Bath for the purposes of the waters, their diseases, the number cured or jel'eved, the peiiod during which each remained at the Batb, the niiraber remaining on 30tb September. Three copies signed by the Physician shiili be fovwanicd by the Clerk to the Governor, one to be laid before the Council, auv^i auother before the Assembly, 23 V. c. 6, s. 4. The Clerk shall prepare and lay before the directors at their quarterly meetings, a schedule of quarterly salaries and accounts against the Batli, and on their being examined and passed shall certily and transmit it to the Commissioner of the Boai'd of Audit, and the amounts in the schedule on his report shall be paid by the Receiver -General, upon the Governor's War- rant ; also at the September meeting, or after an account of the annual re- ceipts and expenditure, setting forth the pui-poses of expenditure, and upon its being examined and fotmd correct shall forward three copies, certified by him to the Governor, one for the Council, and another for the Assembly 23 V. c. 6, s. 5. The rents and profits of the lauds, and all other monies for the use of the Bath, shall be expended in the payment of salaries, Avages of servants, repairs and enlargement and improvement of buildings, and accommodation of such person visiting, for the use of the waters, the maintenance of such as are poor and'unable to maintain themselves, the repau's of the road, from the town to the mineral springs, and the care of the Garden, in the town of Bath, and for no other purpose, 23 Y. o. 6, 5. 6. BILLS OP EXCHANGE, PROMISSORY NOTES. Benefit of Clergy- Abolished, G. 4, u. 19, o. 3, 47 Billiard Tables, PuUic. No person shall by himself or any person employed by him, or for his To be licensed benefit (unless he has obtained a license from the Justices and Vestiy , which a^i^Uy shall not be granted, but upon certificate of two respectable freeholders of the parish, that he is sober and discreet, and duly qualified and fit to be trusted to) keep a public Billiard Table, nor shall such license be gi'anted un- ,til after reading the certificate In Public Vestry, under penalty of £aOO (£120 sterling). Such license to be annually renewed, penalty £200 (£120 sterling), 39 &. 3, c. 7, s. 5. No person shall have a license without first becoming bound to the sureties Churchwardens, in a bond with one security-(a freeholder of the parish) in £500 (£300 sterling) for the maintenance of good order and rule in the house in which the Billiard Table is to be kept and also becoming bound to Ihem with one security (a freeholder) in the penalty of £100 (£60 sterling) to pay the sum of £25 (£15 sterling) in aid of the parochial taxes, and the Cferk of the Peace shall not record the license, mitil a certificate is produced (from the Collector of Dues,) that it has been paid, 39 G-. 3, c. 7, s. 6. No person keeping a public Billiard Table, shall permit any playing be- fore 8, a.m. nor after 6 p.m.. on common week days, and none on Sunday, .j„„ 5„„,„ penalties fine and imprisonment, as directed for unlawful gaming, 39 G. 3, G. 3, c ?, j 2 e. 7, s. 7. Every Clerk of the Peace or his Deputy, under penalty of £50 (£30 rerarS^' *° ''° sterling) shall keep a separate book, for entering and recordmg such certifi- cates Bonds and Licenses, 39 G. 3, c. 7, s. 8. For every such license, the person receiving the same shall pay £2 I'ees 10s (£1 lUs sterling) to the Clerk of the Peace, for his trouble of leaking out and ta dug the Bond, recording the certificate, and making out and passing the lieensff and recording the same including, every charge, under penally of £10 (£6 sterling) 39 G. 3, c. 7, s. 9. One moiety of the penalties shall go the infonner, to be recovered by penalties action of debt &c., in the Supreme Court, 39 Gr. 3, c. 7, s. 12. Prosecutions shall be commenced within 6 months after the offence, prosecutions to 39 Gr. 3, c. 7, s. 13, be within 6 months Keeping open See gaming, 39 Bills of Exchange, Promissory Notes. Upon Bills of Exchange protested and returned for non-payment, a re- exchange at the rate of £8 per cent, sliall be allowed and recovered over and above the usual exchange, and interest, 12 G. 2, c. 3, s. 2. But no action shall be brought on any foreign bill of exchanges for damages, or re-exchange, until it has been protested for non-payment, 15 G. 3, c. 21. When damages are assessed in any action upon a foreign bill, drawn in tliis island, and returned protested the Court, shall give judgment, that the plaintiff recover of the defendant, the damages, coSts and interest upon the principal sum for which the bill was given, from the first day of the Court on which judgment is obtained until actual payment, and the plaintiff, his assignee, attomey-at-law or attorney shall mark or endorse on the writ of venditioni, as well the stated sum assessed for principal, interest, re-ex- change and costs, as also interest on the sums for which such bills are given, from the first day of the Court, on which judgment is obtained to the time of actual payment, and the same shall be levied and paid by the Provost Mar- shall witn the stated sum assessed for damages by the Jury, 28 G. 2, c. 2, s. 1. Ah notes and orders carrying interest sued, shall carry interest after judgment, upon the principal, at the same rate they bore before judgment until fully satisfied, 14 G. 3, c. 28, s. 13. No note passed or paid away, shall be valid to the person receiving the same, lor more than is really and bona fide due, at the time, 14 6. 3, .c. 28, s. 2. Be-exchange on bills protested for non-payment But not until then Interest on Judg- ment on foreign bills On Judgments on notes and or- ders Notes not to be passed for more than is due there- 48 .. BOARD OF woeb:s. gmoa^'drMrees -T''* holder of any inland bill, may allow time to the drawer, for not of Inland bills exceeding 20 days alter it is payable, without prejudice to any recourse against otlier parties, 43 G. 3, c. 29, s. 1. Grantors of ^g may also holders of promissory notes, 43 G. 3, c, 29, s. 2. promiBsorynotes ^ . , i~, .,, , , Inl d b ■ 1 1 s * necessary to have ain niland bill protested, m order to a remedy need mt be 'pro- against the drawer or indorSer, 43 G. 3," o. 29, s. 2. tested No Bank or Banking Company, person, firm. Company or copartnership, er'''onSmaiidMi- ^^>^^ 'rsso-o or re-issue or cause ifcc., any bill or promissory note, payable derjEl to beai'er on demand of a lower denomination or value than £1, cp pain of penalty forfeiting for each, a sum equal io double the amount, 7 V. c. 52, s. 1. Recovery For which any person may sue, to his own use, 7 V. k. 52, a. 9. Blasphemy. Punishment Whosoever by public and open profaneness or Blasphemy, dishonors Almighty God, and is theieof duly convicted in the Supreme Court (now Circuit Court, 9 V. c. 10) shall be fined £20 (£12 sterling) or more at the Not -whipping, discretion of the Court, and such as are servants, or not worth so much , 4V. c. 62, s. 7 ' shall be liable to such corporal punishment, as the Judges think meet, loss of life and limb only excepted, 33 C. 2, c, 5, s. 2. Board of Works. over expeStoe '^^'^ Governor and any two members of the Executive Committee, of grants for pub- shall expend under this Act, the monies fi'om time to time granted for re- lic buildings pairing and altering the buildings belonging to the public and to complete Contracts &er may become entitled to the benefits thereof, 28 \. tied to the bene- « 17 o fi ' fits c. 1(,8. «. Annual state- Also that the trustees, directors or principal officer, shall once a year, at ments of funds &c least, prepare or cause &c., a general Statcmejit of the funds and efiects of the Society, specifying in whose custody or possession they then are, "with an account of all the various sums received, lent and expended by or on ac- To be attested count of the Society, since the publication of the preceding periodical state- by a,udltors, coun- ment to be attested by two auditors,' appointed for the purpose, and counter- tersigned by se- giu-ned by the Secretaiy or Clerk, and every member shall receive a copv, oretary and every osfv p 17 b- 7 ' member to re- '«s\.c.ii,a.i. . Also to provide for the appointment, removal.and dismiasal of such pre- &c rfs^sto"™ sident, trustees, directors, committees, secretaries, treasurers, builders, aur- ' veyors, solicitors, auditors, clerks and olher officers, deemed .necessaiy or advisable for the wortpg of the Society iii finch manner, .on such terms, ■with such powers and by such majorities as may'hy the rules be provided, and, they may .be appointed, removed or disiu^sed accordingly. Any such offides. Members may maybe filled by members, not-withstainding their position as members, fill ofaces 28 V. c. 17, s. 8. s , »" Knles to sped- Each Society may by its rules, or schedules thereto, to be certified, fy the trusts of confirmed, and hied as herein mentioned, specify the trusts on ■which mort- mortgages and gages accepted by thertl dhall' be taken and held, and the poWfers' and pri- trastees'tobe're- vileges which in all such mortgages shall be held by the TrOstSeB, and ferred to which shall be therein referred to by apt words ; and sucn trusts, po'we^, and Forms privileges shall thereupon be as absolutely vested in, and devolve upon the Trustees, as if fully set out, and njay also in like manner provide, or set out forms in which mortgages, conveyances, surrend^s, and releases on mqrt- fage terms, a)id all conyeyainceB may be taken in cases -where it is praetica- le to adopt suph forms, 28 V c. 17, s. 9. ArbitiaMon ^^^'^ ^''^' referring to arbitration, disputes between officersand.members, or persons claiming .un^er them, cpncemingithe rules their meaning, or ap- plication or the aflMJs of the Society, or claims by, or against theTTrustieea Without appeal or officer?, and their award, or that of the major part, according to the.ti'ue . purport of the rales, shall be conclusive and final withont appeal, and not Enforcement of removable or resti'ainable by injunction. In case the parties refuse or ne- amari gl^"' '" conform to the decision, any Justice residing m the pai-ish where the Society holds its meetings, upon proof of tlie award, and the refusal or neglect lo'comply tlierewith by warrant under his, hand and seal may cause the'sum awarded, and costs not exceeding 10s, and the cost of wai'rant and distress to be levied by distress and sale of the moneys, goocls, securities and effects of the party in defaiilt with the further costs of distress and sale,' returning any surplus, 2S Y., c. 17, s. 10, 'l^^oti^Bniptia pf tbemJ^ jncl regslationa* ap4 <>f all «uW^on«,, amendments, and reBcisBionB shall be signed by three Directors aaoi conn^r- signed by the Clerk, and submitted within one month from meeting to the Barrister appointed to certify the rules of Savings' Banks, to adyjse and certify that they are calculated to carry into effect the intention aktd pur- poses for -which tbe Society was fohnedj and also are in conformity Tto law, and to the provisions of this Act, and advising and certifymg in wh at ^rts they are repugnant, which when certified shall be returned to the 1 Society, one to be kept, and the other tranmiitted to the Clerk of ylfe Suprem 3 Court ana Crown, to l^e laid before a J^udge in Chambers, to allow aijd lonfirm same, and' to be filed as a record without fee. If there be no Barrii ier ap- pointed for the purpose, or he declines, or neglects to certify, the ChBef Jue- tiea on the apphcation of the Society or an officer may appomt a Banrister to certify, whose certificates shall thereupon be valid, HSy. c. 17, s. 11. If the Barrister refuses to certify or certifies ally rules to be repugnant, or desires the opinion of a Judge for his guidance on any point, the Society or an officer may submit the rules, alterations, &B., or any of tham' to a Judge in Chambers, with the reasons assigned by the Barrister, in Writing for, any such refusal, difficulty, or disapproval, and the Judge may oonfilm them, notwithstanding, or give such directions in reference to the ceitifioate to be granted as he deems right, 28 V., c. 17, s. 12. The Barristers' Fee shall be 63s, and no more, and no fee shalli be al lowed in respect of any alterations, amendments, or rescissions rs, and subscrilseis, and their representatives, all of whom shall be taken to. Have fiill notice] ti(ereof, 28 V. c. 17, s. 14. Ko rule after confirmation shall be altered nor new rul^ adopted, unless upon the requisition in writing of ten members holdipg, in all, not wss than fifty shares, specifying the riues sought to be altered, &c., or adopted, and all alterations proposed to be made therein, which requisition shall be w\>- licly exhibited at the. rooms or office, at least one month befofe any meeting to consider same is called, nor unless a, general meeting is thereunon duly convened to consider same, nor unless upon a vote of at least threu-fourths the number of the shareholders present, and also upon the votes of sharp- holders, holding, three-fourths of the number of shares held by th^ sqarehold ere so present^ 28 V., c. 17, s. 15. AH rules and alterations shall be entered in a book, to be kept by an of- ficer appointed for the purpose, to which all members shall he entitled to eni- cesB when the office is open for business,, 28 V., c. 17, s. 16. The General Business shall be carried on for the purposes in thel manner -and by the persons appointed under the rules, and the lunds while not ra- ?nirea or nsed for the' purposes- thereof, shall be lodged in a Bank of the sland, in the manner and in the names of such persons as the rules direct requii-e, or permit, and all interests therefrom applied to increase the general fimds, 28 Vf, c. 17, s. 17. General Meetings shall be held at such times and places, and in saqh manner, and notified as and for such time as required by the rule 1, or if there be none on the subject, the time and place shall be notified by Public Advertisement, signed by two Directors, in two newspapers for at le 1st t\«o weeks previously, 28 Y., c. 17, s. 18. All Committees to be appointed under the rules-, or by a General Meet- ing, shall be appointed only at General Meetings convened under a resolu- tion, specifying the purposes for which the Committee is appointed, iind the powers deligated to them, and shall, in all things delegated, committed, or entrusted to them, act for the Society, and their acts and orders dur mg the time they are appointed, or hold office, shall be binding on the whoh . mem- bers, their transactions shall be entered into a book of the Society, 1 md lia> ble to iqspection by membeis, and subject to the review, allowancd, d^sal- 53 ?Traiucripia of the rules, so To be submit- ted to the fiavings Banks' 'Batilfiter To be certified And returned One to be kept and the other for confirmation of a Judge, and filed If no savings' B^k psirister l^e Chie^ Justus ai&y appoint Applicatiga to a iviage to revise, Barristers' ^itl- ficates Barristers' fee NO society to be within this Ac^ unless certi- fied, Sea Rules to be deemed in force- And binding How rules may be altered, &c> Sules to be en- tered in a book open to members General busi- ness to be cfOTied on under the rules Lodgment In Interest General meet* inga Committees Appointment- Powers Transakitions to be entered in a book, subject to review 54 BUILDING 80C1ETIB8. lowancei and control of the Society or Directorn, as provided by the mlei, S8 v., c. 17, 8. 19. Donations Ahj Society may receive donations and beqaeets applicable to the Application general purposes of the Society, or the special purpose for which given in uke mfiDuer as contributions of members, and in no other manner — 28 \t a. 17, s. 20. Bonus and inter- Any Society may receive from any members any money, by way of *"* bonus on shares for the privilege of receiving same in advance prior to be- ing realized, and also any interest for the shares received, or any part, 2SV; 0. 17, s. 21. Seonrities to bo All mortgages, conveyances, bonds, and other securities to, or by any iriyento, orbytwo, Society shallDe made and given to two or more, Trustees and not chargeable or more TruBteo. .^jjij ^^y Stamf Duty Until this clause is specially repealed, 28 V., c. 17. a, 22. Exempted from ^ud he made or given to, or by the Trustees for the time being, and on stamps eachcliangein8uohTrusteeship,thelegalestateandinterestshallimmediately Ti-ustter'tor the vcst in the Trustees for the time, without assignment, conveyance, or other time being. de^d, and may be recovered and enforced by them in any Court of Law, or ment""*""' ""'*'"" E(]^ity, as if the securities, real or personal property, had been originally Mii enfoi DaW of probate and before whom taken. Jamaica, b.s. — I swear that the above is a true extract of the mortgage, deed, to the trustees of the Building Society. Secretary of the Company. Sworn before me, at Kingston, this day of J.P. Kingston. 186 Cayman Islands. Magistrate. ^^^ *® appointment of a Resident Ma^strate, in and for these Is- lands, the Governor may, by his waiTant, direct payment to him of the amount of dues from time to time collected on droghers of or belonging to the Cayman Islands, or persona resident therein, 23 V., c. 35, Chancery Oepoaits. Monies oi-dered to be paid into the Court of CliaJioery to tlie credit of To bo paid lo Ka- any oauee, to await its furtlier order, shall be paid to the Receiver General °'''""' ''"""rni- to. the_ credit" of the carase, and not be demaudable -vrithout an order of "'' '''°'- Coui't in the cause — Receiver General to give a receipt therefor, his fee, Sa. (3a. sterling) beyond the stamp, and on paying out money 5s. (3s. sterling) for perusing the order [for the use of the pubhc 21 V. c. 4, s. 5.] 4 G. 4., o. 21. s. 2. The debts and liabilities of the public in Schedule F (including Chan- „„ , , . eery deposits, £19,798 10s 4d, Insolvent Act deposits, £5,583 4s 9d, and isoo.ooo loan"" monies mentioned in 19 V. c., 5 schedule) directed to be paid out of the £500,000 loan, 17 V. c. 29, s. 50. The Chaucei-y Deposit Act, 1855, 18 V- c. 33, s. 1. Short Title. All principal sums in the Reeeiver General's books under 4 G. 4, c.i21., 2 ^nd invested in W. 4, c. 41, and 11 V. c. 13. (Title Trastees) required by 17 Y, c. 29, to be Britisii ftinds or dischaiged out of the loan, shaU be invested jointly in the names of lie Re- Guaranteed Loan. ceiver General and Registrar in Chancery, in the British Funds, or Guaran- teed Loan under 17 V. c. 29, in one'entire sum br parcels, under ordfer of the Court of Chancery. Or the Court may direct that any of such moneys remain in the Receiver General's hands without interest, from the time a sufficient sum is raised out of the loan 18 V. c. 33, s. 2. The Insolvent deposits, £5,583 4s 9d, were du-ected to bo applied to- soWentsSsit"" wards making good the deficiency in the sum of £19,798 10s 43, to dis- chaxge the Chancery deposits with interest, and to be invested accor(Ungly, 19 V. c. 5, s. 1. From the time of investment, interest was directed to cease to be pay- island interest to able by the island, 18 V. c. 33, B. 3. =om"- In case of a vacancy in the office of the Receiver General or Registrar, Transfers on va- the person causing it or his personal representatives, shall, withui three """"y ', ■> Beceivor months after the vacancy is filled, upon request, join with the surviving or trar" Office' °^" continuing officer to execute the necessary instruments for the transfer of the funds, into the names of the person continuing in office jointly vrith the person appointed to fill the vacancy — penalty £100, IS V. c. 33, s. 3. The Receiver General with the sanction of the Executive Committee, may authorize a cashier of the Bank of England or Island Agent, to receive and re-invest dividends, and as received, shall place the same to the credit of the cause ; or if several principal sums have been invested in one eutu-e sum, the proportional parts due to each at the cost of the fund invested, and the Court may, by order, vary the securities, 18 V. c. 33, s. 4. Similar investments shaU be made of all principal monies in office under investmontof fur- any order of Court, for payment of wliioh, provision was not made out of tiier deposits, the loan, and thereupon mterest shall cease to be payable by the Island, as also under an or^er ot the court of all monies thereafter, du'eoted to be paid into the Receiver Gener'al's office, 18 V. c. 33, s. 5. When invested monies are directed to be paid out, the pai-ty, his solici- Transfers or pay. tor, or agent, must attend the Receiver General with an office copy or certi- ments t o persons ficate of the Registrar of the decree or order, as well as any report to ™'"''='i' Costs of which it refers, as specifying the money to be paid ; and the Receiver Gene- ral shall, at the cost of the person, or fund, cause the same, and all aocrtiing intferfest,- or so much as is dttected to be paid, to be tratisferred or sold and paid to or for the benefit of such person 'as he shall in writing appoint^the entire cost of charges and advertisements being paid from the saminvested, ahd'no order of the Court for payment shall be made in favor of any claimant, nor shall he receive the same until provision has been made for the full amountof teh costs and charges, 18 V. c. 33, s. 8. Receiver General's fee [for his own use, 21 V. c. 4, s. 5.]£2| per cent, g,^^^,^^ Genu • on the pi;iiloipal monies lodged and invested, for his trouble , in Keeping the, rai'sfees. accounts, is v.c. 33, s.- 9. H §9 OJJAJtiTJSK (PlBBPSiTUAIf AK8UJTi«S), niMlt?'"'' '"""' The sums mentioned in aohedale, and all sums which have been fir fifty be deposited under 11 V. o. 33 and 35 (for lands taken far the Penitentiary and Lunatic Asylum) shall be invested under orders of the Court of Chan- cery, and interest shall cease thereon after investment, 19 V. p. 5, a. 2. 3. ■ite!"'°""' ^"^ After monies paid and deposited subject to any order of the Court of Chancery, have remained so deposited for 20 years, without apjplication for payment, the Executive Committee (on certificate of the Register that the money has been dej)Osited for that period, and no application or claim for payment made dnnng such time) shall give notice by advertisement in the " London Gazette," and some other paper of large circulation in Great Bri- tain, and in the " Jamaica Gazette by authority" for one jear, from the date of the first publication in each, that the money was so paid and has remained imclaimed, and if not claimed or the right to the money substantiated within 2 years from the date of the first publication in Great Britain, it will become the absolute property of the pubhc, 19 V. c. 5, s. 5. After which time without any claim having been substantiated to the sa- tisfaction of the Court of Chancery, the same, and all interest thereon shall become forfeited, and the absolute property of the island, 19 V. c. 5, s. 6. SCHEDULE. Trustees of Marriage Settlement of the Duke and Duchess of Buckmgham, 11 V. c. 35 560 Ditto ditto 180 16 Ditto C.33 80 5 Heir at Law of Stephen Denton, trustee under will of John Tait, and others 11 V. c. 35 Heir at Law of John Eardly Wilmot, 11 V. c. 35 Charitable Grants. Ooniirinaaon o f For 20 yeara next, all gifts, grants, conveyances, and devises of any lands, gifit, &(!., witbin rents, goods, or chattels, to any good, pious, charitable or public uses, as twenty j-oars. j^j. (.jj^ maintenance of lawful ministers, erecting or maintaining of churches, (Jhapels, schools, universities, colleges, or other places for education of youth, or maintenance of men of learning, or any alms houses, or hospitals, or any other uses theretofore made and to be made confirmed, the statute of mort- main or any other statute, &c., notwithstanding 33 C. 2. o. 15, s. 1. But not of gifts- No gifts, grants, or devise to any persons for any superBtitious use, or fee, Br BuperBtiii- for maintenance of any minister or t " " ' — "r'°ro't°o?'tT; ordained, and allowed of by the Ch chvirciiofEiigianii. and made good, 33 C. 2. c. 15, s. 2. 8 821 1 8 70 9 203 6 8 fee, nr .upeTBtiii- for maintenance of any minister or teacher, other than sncn as are lawfully to"' "no t° of the ordained, and allowed of by the Church of England, be hereby oonfirmeH Charities (Perpetual Annuities). Annual aumi The Eeceiver-Gcneral shall pay in every year, under the Governor's payawofor Warrants, out of the General Revenue, byway of perpetual annuities to the credit of the several Charities and Institutions, and to be applied by the Trustees thereof, according to the Trusts under which the annual incomes or funds are to be applied, the sums stated in the column " Interest or Annui- ties" in schedule opposite to the several Charities and Institutions amount- ing to £5,466 7s lOd, 28 V. c. 23, s. 1. pJi^aSd intoSS""'" ;. ?° ^"" ?'^^ '*is,l settlement and discharge of all principal at any time, and mterest to accrue on account of such Charities and Institutions, and the principal monies shall be excludod from the statement or account of debts jue by the Public, 28 V., c. 23, s. 2. Not to afftctrighta Not to affect the rights of the Trustees to the sums brought forward in toarroar. of towr- the Eeceiver-General's Books as due to the respective Charities and Institu- tions at 30th September (1864) under the head of " Iilterests," 28 V., c. 23 t 3. CIRCUIT COURTS. 59 The Ckivemor and Executive Committee may allow any further sums ITurther invest- already paid or invested in any Island Loan Fund, or accept any money °'*?'l * w^ ''of horealter oifered for any such investment or payment otherwise to the ac- M?petual annuity count of the Public from or on behalf of any Charity or Institution, or Trust to be appropriated to the use of the Government, upon the understand- ing and agreement that it shall not be re-paid, withdrawn, or claimed in consideration of the payment by way of perpetual annuity ot an amount to be calculated at, and made equal to £(! per cent, per annum thereon ; such annual payment to be made as directed in respect to the accounts in the schedule in settlement and discharge of the principal and interest monies which might otherwise be claimed, and shall not be stated as part of the Island Debt, 28 V. c. 23, s. 4. An account in detail of the expenditure of the yearly sum of Aocounts of £5,466 7b. lOd and other sums to be paid, shall be laid before the Assembly t'^Jl^ivS'ore the within the first two weeks after each meeting, 28 V., c. 23, s. 5- AaaeoMj Statute or otherwise. 9 G2,c.6 I 40, G, 3 c23. S 17 G. 2, c. 10 I Eepled. by ) 32 G.2,c. 17J 27V. c. 19 5 18 G. 3, 0. 18 33 G. 3, c. 14 38G.3, c. 27 ) 43 G. 3, c. 32 > 48 G. 3, c. 25 > 51G. 3,c.25 Beaolutions of Assembly > 7th Dec, 1822. J Under Will of Testator, ~ 1821 , and Eesolutions of Assembly, 22nd March, 1838 j Under Will of Testator,) and Besolntions of As- i sembly, 22nd March, j ■ 1838. J 18 V. c. 53 k 18 V. c. 54 I 19 V. c. 38 S 19 V. c. 39 SCHEDULE. Charities AND In- p„,„-,,p., STITIITIONS. i-KINCIPAL. Woolmer's 12,000 St. Jago de la Vega 600 Eusea's 2,700 Gregory's 2,400 Jamaica Free) in aki n n School 5 *'''*^' " Manning^'s 7,852 14 8 Presbyterian In- J g .^gg jg q igi o stitution. S Interest OR Annuities. 1,044 60 270 144 996 471 3 3 Merrick's Smith's Munro & Dick- enson's Vere Manchester 1,200 72 1,800 108 I 23,337 4 3 1,400 4 7 6,256 500 9 7 2.744 219 10 5 £64,803 10 11 £5,466 7 10 And any other Charity Institution or Trust as provided under the foregoing. Circuit Court*. The Island divided into 4 Circuits : — Circuits 1 . The Home Circuit comprising the precincts of Kingston and St. Ca- therine, 2. The Cornwall Circuit, St. Elizabeth, Westmoreland, Hanover, St. James, and Trelawny. 3. The Surry Circuit, St. David, [now united to Kingstcm Precinct, 28 v., c. 34, 8-2,] St. Thomas in the East, Portland, St. George, and Metcalfe; and 4. The Middlesex Circuit, St. Mary, St. Ann, St. Thomas in the Vale, Vere, Clarendon, and Manchester, 19 V. c. 10, s. 11. The Parishes of Kingston, Port Boval, and St. Andrew [to ^Mch St. ^^^ David is now added. 28 f . c. 34, s. 2], shall forft^e Precinct ^ Kingston, St Catherine, St, John, and St, Dorothy that of St. Cathenne, 19 V. c. 12, s. 18, 60 Frosidiug Judges CIRCUIT COURTS. From Ist Ajpril, 1865 the St. Da,vid'8 Court was abolished, thereafter, to be deemed parcel of the Court of the precinct of Kingston, as if originally included in that Court, 28 V., c, 33, s. 6. and the the other The Chief Justice shall preside in the Home Circuit Courts, e Assistant Judees shall preside each in the Courts of one of three . Circuits, Judges I 19 V. ClO, e.l4. Tiio Assistant The Assistant Judge whose turn it is to preside in the Snrry Circuit aMift" in orimfnli s^all dssist the Chief Justice to deliver the Gaols and hear and determine matters In the indictments ready for trial in the precinct of Kingston, and for such purpose "Am/'BTt to"a*so- ^^^^ ^'' '° ^ separate Court from him, in the City of Kingstbn, and from day parnto Court to day, acnording to tlie practice of the Court, and for so much of the period fixed by law for the sitting of the Court, as may be necessary, and shall act iu the precinct as now established as a Judge of Assize, Oyer and Terminer and Gaol Delivery, fully and effectually in such precinct for the assist- ance of the Chief Jnstice in the dischai'ge of such criminal business, — 38 V, c. 33, s. 1. Separate sets of Jurors to be drawn from the panel for the two Courts. Alteration of time plaee and dura, tion of Courts At the opening of the Court for the precinct of Kingston, or at such otlier time, if need be during such Court, as the Chief Justice shall fix, the Clerk of the Court or his Deputy shall put the names of the Jurors on the panel, written on separate pieces of cards or paper, into a box and sepa- rately draw therefrom the names of the Jurors, the iii'st half of whom shall be directed to sit as Jurors in tlie Court wherein the Chief Justice quau'iy "them from presides, and the other half in the Com't wherein the Assistant Judge Bits, sitting in either but it shall not disqualify the Jurors from sitting in either of the Courts, if Court if eauea on g^ijg^ g^^ ^ud directed so to do, 28 V., o. 33, s. 3. The Governor may by writing under his band and seal, alter the times and places for holding any Cii'cnit Courts, and direct any such Courts shall loe held at such other places v.'ithin the parish and precinct, . and at sncli other time, and to be of such duration as in his discretion appears best adapted for the convenience of suitors, and best to answer the ends of jnstice, the alteration to be made, at least, four weeks before the holding of the Circuit Court, the Sessions whereof are to be affected and to be previouslv published in the " Jamaica Gazette" for three weeks, 19 V., c. 10, s. 17. ?°°°(?'i''?°c i°t Inconsequence of the non-publication of the Governor's orders of 26th couJtsl the tim" of May, 1862 and 19th January, 1863, altering the time and duration of seve- hoidingr and dura ral Circuit Courts in "The Jamaica Gazette, by Authority", for three be°°n°luTr''ed!' cTn* ^eeks previously to the holding of the Courts, aU Judges, Jurors, and firmed Officers authorizmg or parties to any proceedings already had in such Ceurts shall be held harmless,, and indemnified agaanst aU consequences of irregularity in such proceedings by reason of such insafflcient advertise- ments, and all their acts shall be of the like effectsand validity, as if the ad- vertisements uf the several notices of change of time in the holding such Courts had been previously published in "The Jamaica Gazette by Autho- rity,' ' for 3 weeks, 28 V. c. 34, s. 1. Meeting and du- In the Home Circuit, the precinct Com-t of Kingston, Port Boyal and c'reuit coiwt"^"™ St. Andrew, and any other pariah to be amalgamated therewith [St. David 28 V. c- 33, s. 6.] shall meet on the-8ih Monday after the rising of the Su- preme Court, in each of the terms gf February and June, and after the Octo- ber term on the first Monday in January, thereafter, and shall sit as here- tofore, in the City of Kingston, and endure for three weeks each tiine if necessary, 28 V. c. 34, 8,2. ' Cornwall Circuit Courts St. George and Metciilfc The'Schedule A in thjC Judicial Amendment Act, 1855. [19 V. o. 10 s 22 1 prescribing the times of holding, and the duration of the Cbui-ts iii the Corn- wall Circuit, shall continue to regulate the holding and duration of those Courts,' 28 V. c. 34, s. 3. The District Court of St. George, in the Surry Circuit shall be held at Buff Bay, and meet on the Monday after the terminaitioii of the Portland' Court, and sit for two days each time, if necessary. The District Court of Metcalfe in the Surry Circuit shall be held at Anuotto Bay, and meet on the ijrst Wednesday after the termination of the St George's Circuit Court anH' sit for torn' days each time, if necessary, 28 \. c. 34, s. 4. > " CIRCUIT COUKTS, The DiBtl'ict Court for St, Thomas iu the Val& hi the Middlesex Circuit shall be held at Rodney Hall, and meet on the, nrst Tuesday instead of the drat Thirrsday after the' termination of tlie sittings of each Supreme Court and sit for five days if necessary, the ilrat of such altered sittings to commence after the termination of the ensuing sittings of the Supreme Court for June Term,. 1865, 28 V. 6, 34; s. 5. The Courts for the precincts of St. James and Trelawny shall sit de die in diem for a fortnight, if the bilsiness require it, but no longer, 19 V. c. 10, B. aa." tn case of non-attendance of the presiding Judge, the Clerk of the Court shall adjourn the Court from day to day until the lapse of the period limited for the session, or the Judge's arrival, 19 V. c. 10, s. 18, . The Chief and Assistant Judges shall actin their drcuits in all respects, as the Jtidges of Assize, l\eretofore, and shall each 'within the jurisdiction of the Court over which theypresidc, and at the times at ' •which they are required to be held, enquire by' the oaths of good and lawful men of the parish or precinct in or for which the Court is lield of all treasons, mispri- sions of treason, felonies, and miBdemeanours, and accessories to the same, and hear and determine the same and each within hie circuit, aild at the times the Courts are required to be held, shall deliver the gaols, preside and take verdicts upon issues and assessments of damages, dispose of and determine matters of insolvency heretofore subject to the adjudication of the Insolvent Debtors' Court, and exercise jurisdiction in matters of appeal before exercised by the Chairman of Quarter Sessions, 19 V. c. 10, s. 19. Upon application oi' an Insolvent Debtor or opposing creditor, the Judge of a Circuit Court may refer the adjudication to the Supreme Court, 19 V. c. 10, s. 21. The course of practice shall be to dispose of all applications to be made iu open Court, then to deliver. the gaol and determine all indictments ready for trial, then to proceed to the trial of civil issues, in the order they stand, and the assessment of damages upon such issues or in cases of Judg- ments by default, and after that to dispose of Insolvent Debtors' cases and sippeals, and until the whole business is disposed, the Court shall sit de die iu mem, unless the Judge is unable to preside from ill-health or other un- avoidable cause, when he may direct an adjournment, until he can attend ; but the Session shaU not extend with such adjournments, beyond the time limited, for holding it. In case of continued indisposition, the Governor may appoint a substitute to be remunerated out of the Judges Salary, but the appointment to be exempt from any Stamp or other duty, 19 V. c. 10, s. 23. The authority to try and determine issues civil or criminal joined in the Supreme Court, except where the venue is changed, shall be limited to the , Court. for the parish or precinct within which the cause of action or offence is stated to have arisen or been committed. Any Circuit Judge may change the venue in any indictment for felony or misdemeanor proclaimed before him to any other parish or precinct in the same Circnit, the order for such change of venue to be attached to the original indictment. Not to affect the existmg powers of the Supreme Court to change the venue, 19 V. c. 10, s. 26. The Judges of the Supreme Court, on application of the Crown, or the accused, and on good cause shewn, may change the venue, and remoA-e the trial from any one Court to any other, 22 V. c. 39, s. 3. Barristers and Attomies admitted in the Supreme Court only, shall be entitled to appeal- for parties to proceedings, but any party may appear in person to advocate his own cause, 19 V. c. 16, s. 27. 61 at Thoman in the Vnle Duration of Corn wall Courts Acljournment, in absence of Judge jurlBtliction anfl Course of prao tice Jmlges ill-bealtU Change of Vcnut Supremo Court may change venue Barristers nnd Attomies *This section was repealed wholly by 92 V. c. 39, s. 1, butis revived by 98 V. c. 34, s. 3. The 23 V. c. 15, s. 6, also repealed so much of the 22 V. c. 39, as limited the duration of these Circuit Courts to nine days, and enacts that after February term, 1860, the Circuit Court for St. James, shall sit for two weeks, if necessary, and that for Trelawny should be held on the first Monday after the termmation of the two weeks allowed for the St Jamea Circuit Court and sit for two weeks, if necessary. The table of the sittings of the Circuit Courts infra gives full informations, as to place and time of commencement atd duration, if necessary, of all the Circuit Courts with re- ferences to the enactments in force, ' 62 CIECUIT COURTS, Clerk, of circuit The Clerks of the Peace, shall be Clerks of the Circuit Court of the pa- ""' rish, those of St. Andrew, Kingston and Port Royal, shall conduct the prose- cations of offences committed in their parishes, and the Clerk of the Peace of Kingstou, shall be Clerk of the Circuit Court, in all matters of civil ju- risdiction, 19 V. c. 10, s. 28. Fen?, for sAavW The Clerk of the Peace of St. David, shall conduct in the Court of the to conduct prosBcu- precinot of Kingston, the prosecution of offences charged to have been com- rlsii' '*°'" """ ''" mitted in St. David, in the same manner, as such business is now conducted by the Clerks of the Pea James, Trelawnyt Savanna-la-Mar, Lucea, Montego Bay, Falmouth, eton Coui't, 1 week, if the business require it, 19 V. c. 10, s. 22, Sch.A,28V.,c.34,s.3. let. Monday after St. Elizabeth Court, 1 week, if necessary, 19 V. c. 10, 28 V. c. 34, 8. 3. Ist. Monday after West- moreland. • Coui't, 1 week, if necessary, 19 V. c. 10, 28 V. c. 34, 8.3. Ist. Monday after Han- over Court, 2 weeks, if necessary, 19 V. c 10, 28 V. c. 34, 8. 3. Ist. Monday after St. James Court, 2 weeks, if necessary, 19 V. c 10, 2SV.C. 34,8,3. B4 cwiflflv, Acyouniinent of If either-of the precinct Courts of St. Catherine or Kingston, Is lUfely Mli'oourtfHome *» extend over the time allotted for holding such Courts, for the dieposal of Circuit ' business, the Chief Justice may order the adjournment of the Insolvent Deb- tors' and Appeal Courts to such time as he deems fit, giving public notice thereof, and such adjourned Courts shall be lawfully held, and the business discharged as if held under the provisions of the acts in force. If the busi- ness cnminal or civil is likely to extend over the period now allotted, it shall be proceeded with on the additional days fixed for holding Insolvent and Appeal Courts, 28 V, c. 33, s. 4. Kotices of new , Notices for applications for new trial to e nter or set aside a non suit, en- triai So. January ter a verdict for defendant, or to arrest the Judgment in causes tried at the Kingrton Court January Kingston ' precinct Court, may be given at any time before three days previous to the next Supreme Court, 28 V. c. 33, s. 5. SCHEDULE C— 19 V. c. 10, ». 48. Clerk of the Cir- Recording docket in the Court in which cause tried cuitCourt'B Fees Por a habeas corpus, by order of the Court For receiving ana marking every verdict For a non suit recorded, each For a recognizance or deposition taken in Court Piling common Alfidavits and other proceedings Clergy Retired Rectors The Eeoeiver General shall pay to the order of every Rector who re- aliowancee jj^^jj unfler 3 V. c. 60, s. 40, or his representatives, £330 per annum, instead of the retiring pension thereunder, by Quarterly payments, on 5th January, April, July, and October, with a proportional part to the day ofhisi death, rV.c. HI, s. 3. Moneagueciiapoi The Trustees of the Jamaica Free School were empowered to convey 6?*An"" ^°'""^' two acres of land, belonging to the school part of Walton Pen, to the Bishop " c 23 '•^ Jamaica, and the Rector and Churchwardens of St. Ann for a chapel and ' ' ' burial ground for the use of the inhabitants of Moueague district, 5'V., s. d. 1 6 1 6 3 6 9 b See sa v.. c. 25, s. 2. Maroon Lands, The Executive Committee were empowered to convey to the Bishop and see 22 V. 0. 23, B. 10 j^j^ Buccossors Or trustees for the use ana accommodation of the Incumbent of Moore Town i»- jjjg Island Curacy of Moore Town, and to be attached to that Island Curacy, an ura e. ^^^ house and ten acres of land, formerly reserved for the Superintendent as also four acres in that, and in each of the other townships for the site of a chapel, school house, and burial ground, 19 V. c. 35, s. 4. Salaries of p r e- Reotors and Curates holding preferment, who should not by 31st Decem- c°rate',°'°"om'ist ^^^> 18S5, signify to the Executive Committee then- dissent in writing to January, 1866, t o receive the reduced salaries provided, and those to be appointed whether by 1869' ' ''''™™''°''' original appointment, or translation or removal, shall be paid oht of the Treasury, the annual sums in the third column of figures in Schedule until Slst December, 1869, by Quarterly payments on 31st March, 30th June, 30th September and 31st December. Rectors and Curates absent from the island were allowed until 3lBt March, 1856, to siffnifv their dis- sent, 19 V. c. 6, s. 1. Of Begister and Similai' provisions in lespect oT the salaries of the register and anpari- Appantor. j^^.^ jg y ^ g^ s. 3. '^^ After appointed Persons not having previously held a rectory or curacy shall be paid the hTtw" ""* "" salaly inthethlrdcoltimuoffigures, 19 V, c. 6, 3, 4, CLERGY. SCHEDULE. Salaries under 9 V. c. 33, and 14 V. c. 43, (expired as to tlie Clergy) and the farther redue Jons under 19 V. c. 6. 65 Rector of Kingston St. Catherine St. James Trelawny St. Andrew Rectors of the other 17Parishes, each '. 50 Curates, each Register of the Diocese Apparitor 720 600 600 600 540 480 390 120 30 CO 3 o 650 540 540 540 490 432 350 80 15 S o 7! '^ S, a . S a m a o 5 eg O "8.2 ■? nj oj aj 600 50q_ 500 500 450 400 340 7fa 14 525 437 10 437 10 437 10 393 15 350 297 10 66 iO 12 5 The Rectors and Curates who dissented from 19 V. have written up to their credit in the Receiver General's 6, alive, shall SalarSea of dis- boolfs, the dif- S"!'™'.. 'I' "/b y ■ ",~ , ,. V' ' I860, to aiBt D e c those they would have been entitled to had they not dissented, and there- ember, iseg. after until 31st Decembei-, 1869, ehallbe paid after the rate in the third column of 19 V. c. 6, 25 V. c. 36, s. 2. Each difisentient shall repay to the Treasury, the amount ho received ween Ist January, 1856, and 1st January, 18S0, in ( have been paid had he assented to 19 V. c. 6„ 25 V. < between 1st January, 1856, and' 1st January, 18S0, in excess of what would eio?s«"o'"saioi-ie.' 36, s. 3. Such repayment to be made by deducting from the aggregate amount d d t- due the stftns to be wi'itteu up to their credit, and thereafter by deducting f,-om 'the "sums'" to until the amount is satisfied, as the salaries are payable proportions of the bo written to their balance to be repaid as near as can be calculated equal to the amounts, s",'J'jaia"foJ''° '"°" dates, and order of payment of the excess received, 25 V. c. 36, s. 4. The Bishop shall, as occasion requires, summon Ecclesiastical Courts, (Form A) for the trial of Clerks in Holy Orders, charged with oflences pun- cour", How'sim' ishable by this Act, 22 V. c. 9, s. 1. monod. Such Courts to be constituted and held by the Archdeacon or Commissary of the district or parish to which the offending clergyman belongs, or in which the offence was committed, who shall ex officio be President, and the Rector, and Island Curate whose church or chapel is nearest to the place where the Court is to be held, shall act with the President as members, 22 V. c. 9, s. 2. When illness, absence from the island, or other special cii'cumslances, in in case of inca- thejudgmentof the Bishop, incapacitate the Archdeacon, or nearest Rector paoitj.. or Island Cm-ate from acting, the Bishop, shall appoint another Arch- deacon or Commissary, or summon the next nearest lleotor or Island Cu- rate to act, 22 V, c. 9, 8. 3, How constituted. 66 CLERGY. 'chaiiemrinir Bee- ^ 'h« aocused challenges the nearest Kector and Curate, or either, he lor or CuraicT may, within one week after receiving notice that an Ecclesiastical Com-t has been summoned, object to them or either of them, and the Bishop ahail summon the next nearest Bector or Island Curate to supply the place of that objected to, but no further challenge shall be allowed, t& V. c. 9, e. 4. i-ny As«e«sor. When it is represented by the Bishop that a Court is required to be held, the Governor may appoint a member of the Established Chuich being a Banister, or Solicitor, of not less than eight years standing, yrho (by virtue of such appointment, and on the same bemg notified in " The Ga- zette by Authority," without being named in the Bishop's summons A) shall sit as Lay Assessor and advise the members of the Court on qnestlonB of law and evidence, but shall not vote, 22 V. c. 9, s. 5. H i 8 remimera- He shall receive five guineas, for every day the court sits, from the Ee- Hon. ceiver General, under the Goveraor's warrant, on a certificate from the President, stating the number of days the Court was held. S!2 V. c 9, B. 6. BittinRsandpow The Court shall be held in the parish or precinct in which the offend- ers of the Coart. ing clergyman resides, or the offence "was committed, and shall sit in the fie "^v 43 •' open Coni-t House, have power to summon and examine on oath, "witnesses, ' ■ * esercise all necessary jmisdiction for the trial of offences cognizable by this Act, return a findmg of " Guilty,' or " Not Guilty," on each charge, by a majority, and also award the sentence or punishment to be inHicted, with power to adjourn the sittings from day to day or for longer or shorter pieriods not exceeding one week at a time until the business is finally disposed of, 22 V. e. 9, p. 7. Previous com- I' ^"^y pci'sou deliver a declaration in writing to the Bishop, signed in mission of enquiry the presence of a credible witness, setting forth his belief, that any Cleigy- when 10 issne man has been g„ity of any offence Or neglect of duty punishable bythisiu^, the Bishop may, or if any Clergyman, to his knowledge or belief, be charged and accused bj' common report, with any offence or neglect of duty, he e^aU issue a commission of enquiiy, and no Court shall be summoned until the commissioners J ave made retura in writing under their hands, settong forth their belief that there are suificjent grounds for prosecuting the chaise, and c tiu^"^ward 'T ^^^'^ diawu Up a pre6en:ment in "willing, setting forth "with reasonable preci- c. 2i V. c 23 a 33 sioii the parlicuUiT offences for "wliich the Clergvman ought to be put upon his trial, i2 V. c. 9, s. S. Commissioners. The commissiou shall be in foi-m A, and directed to two beneficed Cler-' tiieir powers and ^men, l^ritssof 7 years s.audiug, to Ije chosen by the Bishop, and three laymen, merabei's of the Chiu-ch and Ma_nsirates or Churchwardens of the parich to wiiich the accused Leloii.;s or wherein the offence "was committed, lo be appointed by the Governor, and they or any three shall have full pow- er to enquire into the charge;?, to ci e the Clergyman before them, to summon and examine all necessary x\ itnesses on oath, and to adjourn from day to day, or iOn:;er, not exceeding one week at time, until their enquiiy is concluded, and if the accused, being duly cited, shall not attend or refuses to answer before the Commissioners, they may suspend their further enquiry, and report that there is snfiicieut cause for proceeding to a trial, and draw up a presentment in accordance with such finding, i2 Y., c. 9, s. 9. Citation The Citation or Summons shall be signed by three Commissioners, and set forth : 1. The name of the party prefering the charge— the time when, and the place where the offence is alleged to have been committed — the nature of each offence with reasonable certainty, and the names and places of abode of the witnesses, if known, intended to be examined. 2. The names and abode of the Commissioners, and the time and place ap- pointed for the sitting of the Commission, 22 A'., c. 9, s. 10. Service A copv of tlic Citation shall be served personally on the accused, or at his usual place of abode ten clear days at least before the time appointed for the enquiry, and in default of service, all proceedings shall be void, unless the accused voluntarily appear, 2"7 V. c. 9, s. 11. Examination may be private All examinations and enquiries before them mav be conducted in pri- e if desired by the accused, -23 \., c- 43, s. 2 ' CIBRGV, (if No oath shall be taken by the CommissiQuers before entering upon the commissioners enqujrv, but after it has been concluded, a return in writing shall be drawn "ieir report °''°™' up, and agned by them, or a majority, setting forth tha substance of the evi; dence taken, the names of the witnesses examined, and the titles of the wiitten documents if any produced, and also the result of the enquiry, and whether in their opinion there is, or not, sufficient cause for prosecuting the offences complained of, 22 V., c, 9, s, 12. ^ If they report there are no sufficient grounds for proceeding further, ^ /p°„°°°*™ff °' their finding shall prevent any further proceedings, and shall be forthwith giouuas 'for p^o"- published by the Registrar in the " Gazette by Authority", 22 V., c, 9, s. 13 oeeaiDg to trial Iftheyreportjtheie is sufficient ground for proceeding further, they shall upon report ro- also draw up and sign a presentment setting forth with reasonable certainty, oommonding fuv- theoffencesfor which the accused ought to be tried and forthwith transmit 'lie' prooeeomg the same along with their return or hnding to the Bishop, and deliver a copy of the presentment to the accused, 22 V. c. 9, s. 14. Upon receipt whereof the Bishop shall forthwith intimate to the Go- The Bishop to vemor, that a Court is required to be held, and proceed to summon a Court for ""?'^'' "■ ''""'J the trial, and until trial may at his discretion suspend the accused without loss aoousod'^ »uspen of sHpend and shall issue his summons for a Court, within two months from the date of the presentment, 22 V. c. 9, s, 15. Each member of any Court or Commission summoned, who refuses or Penalty on mem- fails to attend without sufficient cause t.bewn to the members wlio atiend, ^"^ .of. ™urt or or withdraws without excuse before the termination of the proceeding, sua. I ™"i'Stag'° "° for 'every day of absence or refusal to act and vote forfeit £1U, ,.^ V 0. 9, B. IB. When any Eeetor or Stipendiary or otter Cu ate licensed by tlie Die' op, ■,., '^''"' ' ■.''^' or Island Curate, is guilty of any immoraliiy not crjminallv piuii^l. aide b/ "" ^.^, the existing Courts of Law, or other aco oi ooud ,ct unbecoming tie c a_ii'j u. ,%. ';j, u, ', ter of a Christian Minister, and not so imn.s.iabie or ot gross ■■v 1 a mu- ■■* al neglect of ministerial duty, he shall ou conviciiou be punisha' !■- b / suspension or deprivation, or both according to thena'aiieof li.e o..eijce, oi- may be censured and admonished li^,' the Bishop, in purtiuance of.tlie Spiritual powers belonging to him, but no Clergyuian shall be liable to impri- sonment by any sentence of the Ecclesiastical Oourls, 'J'-i V. c. '', s. 17. Immediately after the Lay Assessor has been appointed, and tlie Bishop has issued his summons to the other membc-s, fixing the tiuie and place for ,o^°c',J° /^ '""^ holding thereof, the Bishop shall cause a notice, in writing-, to be served {lersonally, or at the residence of the accused, twenty-one Jear days, at east, before the Court, setting forth the time and place appointed, and the names of the members, and the time and place of holding tlie Court shall also be .pnblished in the "Gazette, by Authority", at least one week previ- ous to the time of meeting, and if the accused does not appear, or refuses to take his trial, the Court may proceed in his absence and record a verdict and sentence against, or an acquittal of him, 22 V., c. 9, s. 18. The Bishop shall, with the notice, cause a copy of the presentment to Enquiry to be be served upon the accused, and a copy furnished to each member of the confined to the Court, the presentment shall alone be tlie subject of trial, and the accused °^^^""','^„ "^l shall not be called upon to answer for any charge •>r offence not included or be' "'produced oS set forth with reasonable certainty and no witaeeses exa.iiined before the trial ■Commissioners, nor any documentary evic'.e.ici; produced at tlie time of their enquiry, shall be withdrawn or dispensed \viU\ at the trial, unless by permission of the Court on sufficient cause, s^ V„ c. 9, s. 19. -No oath 01 declara'ion shall be made by the Lay Assessor, but he shall Declaration to bo on formation of the Court administer the following declaration in open administered to ec- Court to the Ecclesiastical Members. bS.""""*' """^' I, A. B, do solemnly, and sincerely declare that I will vjrell and truly try the charge or charges (describing the same as set forth in the pre- sentmeut), and a true verdict return according to the evidence, 23 v., c, 9j a, 30, (JS CLEEGY. ci.rk „rn,a roac» '^'be Court sliiill appoint the Clerk of the Peace to act as Clerk duriag to IS S, clerk of their sitthiff. wlio shall receive tliree Kaineas to each day of its sitting from tho court the Receiver-General, under the Governor s Warrant jucerMHcate trom the ^Course of proco ppg-jgnt, gj^^,,;,-,. ,, be ,i„:„i,er of days occupied by the Sitting. Ineaseofthe non-iiltendaiice oV a sufficient number of members to form a Court on any day, or adjourned d:iv, tlie President or i^ay Assessor, or in their absence, one of the Clevical Assessors mav adjourn the Court from day to day unU the arrival of a sufficient number of members. On their assembling, the presentment shall be read bv the President, and the accused requu;ed to plead, and if he refuse, a plea' of "Xot guilty" shall be entered on his be- half Any Clergyman proceeded against may have the aid of any Advocate or Solicitor, or presbyter. Prosecutors may appear by Counsel or Solicitors qualiiiedto practise in the Courts oithe Island, -witnesses shall be sworn in open Court, and their testimony, both on direct and cross-examination, re- duced to writing by the Clerk, and on the closing of the testimony and ar- guments (if such shall be had), the Court shall be cleared for deliberation on the verdict, the verdict of ^lilty or not guilty decided by the majority of the members, and pronounced in open Court by the President and endorsed on one of the copies of the presentment used at the trial, and signed by the members or a majority determining the verdict— the members shall _ then by a majority award the' punishment, and reduce the award to writing, and sign it. A copy of the verdict, and award shall be given to the accused, and Copies of award another copy, with the evidence taken, forthwith transmitted to the Bishop ;°ccu»ea"ndB?shSp by the President, and the Bishop shall thereupon have full power to inffict the penalty or sentence awarded, or remit any portion according to his dis- who may miti- cretiou — the proceedings of the Couits with respect to the arguments and gate the penalty addresses of Counsel Or Attorney, and the examination of witnesses and ei5ated°by"Soao''of production of evidence, shall be regulated by the prevailing practice of the tbe supreme and Supreme and circuit Courts, 22 V,, c. 9, s. 21. Tlie final sentence of the Bishop shall be pronounced within one month after he is informed of the award, and forthwith recorded in the Registry Office, 22 v., c. 2, s. 22. And published in the " Jamaica Gazette, by Authority," within fourteen days after its taking effect, 22 V., c. 9. s. 23. Appropriation of In case Sentence of suspension is pronounced, the Receiver-Grenei'al aBS''iiou"o''5""i°- s''^'" ''ol'J '1"^ stipend of the Clergyman (after deducting the allowances for pension the Clergy Fund) appUcable in the first place to the payment of a Cui'^ or substitute to be appointed by the Bishop to perform his duties durin^««us- pension, and pay tlie remainder to the Clergyman himself, the sum assigned to the substitute, in no case, to be less than one-haU', nor more than two- thirds of the stipend after the deduction, and the Eectory or Parsonage House, if belonging to the Incumbency, shall also be assigned to the substi- tute, if ordered as part of the sentence of the Court, but not otherwise, 22 v., c. 9., B. 24. J In ease of sentence of "deprivation, the Bishop may declare the Kectory, or Cm'acy vacant, and it may thereupon be fiUed up, 22 V., c. 9, s. 25. omoiatinB during A uy Clergy man attempting to officiate during the period of his suspen- tor"''dep?i'vaSou-^ sion Or after deprivation or in any war obstructing the Curate, substitute dieturbiugr Buccew- or successor, or refusing to give possession of the Rectory or Parsonage HeMory^l'gi5t°eS°o? House Or of the Registry books or any Church property in his Custody, Church property shall be guilty of a misdeineanor, and may be indicted and punished by fine GoTernor may <"' imprisonment or both in the discretion of the Court, 22 V. c. 9, s. 26. pardon After sentence of suspension has been promulgated or put in force, the Governor, if he thinks fit, upon the written request, of the Bishop, with rea- sons assigned, may remit the whole or any portion of the unexpired sentence, by way of pardon' to the offending Clergyman, who shall thereupon be eligi- ble to any benefice or Ecclesiastical appointmemt, 22 V. c. 9, s. 27. Appeal ^ If any Clergyman think himself a;igrieved, he may on notice to the Bishop, within 30 days after the sentence has been pronounced and promul- gated, appeal to a Court composed of the Governor and Privy Council, being members of the Church of England, who shall have power to affirm or re- verse the finding verdict or sentence, 2:2 V. c. 9, s. 28, 23 V. c. 9, s. 2. Kuies of Court of The Governor and Privy Council were empowered before 1st June 1860, ■*'"'°-' to frame and publish rules for the holding and course of proceedings at such Courts of Appeal, and from time to time to add to, alter, or amend the same, 22V.C, ».8.2t),23V. 0.9, B, 1, circuit courts Final sontoncc To be recorded And Gazetted Scutonce of de- privation CLERGY. g9 Time further extended to 30th June 1865, and the rules may Tie at any time attei-, altered, added to or amended, 2S V. e. -13, e. 3, Clergyman not deprived of any ri^ht of Appeal open lo him by the laws , Appeal to Eng- of Great Briiain and Ireland, applicable to this i^land, bnt no such right of S "eatencl""" appeal shallprevent the Keceiver General, or other parties concerned, fiom carrying into immediate effect the Judgments and penalties imposed, nor shall they incur any liability for so doing, 22 V. c. 9, s. 30. If any Clergyman, upon being informed, that a complaint has been made agamst him, either before a commission of enquiry issues, confesses Confession wd to the Bishop his guilt, and makes a statement, in writing, of his wilUng- BiSSps dedsfon ness to submit himself to the decision of the Bishop, without trial, he may in- without trial flict such jiunishment or other correction as might nave been awarded in case of a conviction, and the sentence shall be passed upon, in the presence of three Presbyters at least, and recorded in the Registry Office, 22 V. c.'9, No chai-ge shall be brought or entertained unless complaint is made, and proceedings to the commission of inquiry, actually"issued within 12 months from the day be within 12 the offence is said to have been committed, and no proceedings to be quashed ""^'ts- No lor- or objected to before any Court or tribunal for want of form or on- any Sereto Exem^ technical ground, and no proceeding commission or document subject to any ed from Stamps Stamp Duty, 22 V. c. 9, s. 32. In case sentence of deprivation is passed against any Rector or Island Curate, he, or any person on his behalf, may sustain the interest of his vrife Glerw Fmfd (5 and children in the Rector's or Island Curates' Fund, or both, by paying to deprived Clergy- the Receiver General at the usual periods, the annual sum payable by nim man's Family, towards the fund at the ime of his deprivation, 22 V. c. 9, s. ^. If any deprived Clergyman or any person on his behalf has not contin- ued to pay the annual sums, his family shall on his decease be entitled to such a proportion of the benefits of the fund, as shall be represented by a fraction which the numerator shall be the amount of his actual payments at his death, and the denominator, the sum to which his payments would have amounted had he, or any person on his behalf, paid on to the day of his death, 22 V. c. 9, s. 34. Fines and penalties shall be recovered summarily under the Act, 13 V, Kecovery aud c. 35, or any other act relating to summary convictions and orders, and paid application of pe- over to the Receiver General, to be applied in reduction of the expenses of nalties trials, 22 V. c. 9, s. 35. . 'The Inspectors of Police shall cause service to be effected of all process " Process "to be and' notices, on being required so to do by the Bishop, Ecclesiastical Courts served by the po- or Commissioners, 22 V. e. 9, s. 36. ""* The Co-adjutor Bishop, and, in case of his death or absence from the is- nn-ad'utor b' - land or inability to act, the Bishop's, or any Special Commissaries in the ah- hops a^ oommls- sence of the Bishop from the island, or in case of a vacancy in the see, may saries' power exercise^the powers vested in him, and shall be chargeable with the duties imposed'on him, and their acts shall have the same force as if performed by the Bishop in person, 22 V. c. 9, s. 37. The Judges of the Supreme and Circuit Com-t, shall aid the Ecclesiasti- ordersto be eu- cal Courts in enforcing and carrying out all lawful orders, sentences and de- forced by th e crees, and any Judge shall, upon appUcation, order, in writing, the atteu- Judges of the Su- dance of any witness required uefore any Court or Commission of enquiry, preme court and in case of non-attendance or refusal to be sworn, or to give evidence when sworn, or of any other contempt or disobedience to the lawful order of such Court or Commission, such Judge may cause the witness to be brought be- fore him ui chambers, by attachment, and then and there deal with him, as the Judges of the Supreme Coiu-t in like cases. False swearing before the perjury Court or a Commission, perjury, 22 V. c. 9, s. 39. No attachment shall issue unless the Judge is satisfied the witness was Attachment duly summoned, and, in case of a witness summoned on the part of any ac- witnesses ex- cused Clergyman, that his expenees had been paid or tendered to him on a pences scale equal to that on which the expenses of any other person in the like con- dition of life, would have been paid or tendered on a subpoena in a Circuit Court,^V.c. 9,6.39. In case of a witness summoned to give evidence m support of any pro- witnesses e i- ceedings, the chairman of the Commissioners on any preliminary investiga- penoes for prose- lion, and the president of the Court, on any trial, shall when they see pro- cution per order payment of his expenses by the Receiver General, on the warrantof&eGovemor,22V.c. 9,s,40, „ ,, ,. ,„„ " The Clergy Discipline Act, 1858, 33 V, o. 9,, a, 41, shorttltl* SCHEDULE A. To A.B. Archdeacon of or Commissai-y of the Bishop , (ae the case may be) and to CD. Rector of and E.F. Island Curate of Eeverend Siks, By virtue of the authority conferred, and in discharge of the duty im- posed on me, by " The Clergy Discipline Act, 1858, I hereby summon you and each of you to attend, as designated Ministers thereof, a Court to be heldin the Court House, in on the next for the trial of the Keverend A.B. of &c., under the provisions of the above named Act, dated this day of 18 Bishop of Jamaica, or (Jo-adjutor Bishop, or Commissary of Bishop. B. To the Eeverend A.B.,C.B. and to A.B. of esquire, and CD of esquire, and E.F. of esquire. By virtue of the authority conferred, and in discharge of the dnty im- posed on me by the Clergy Discipline Act, 18.iJ, I do hereby nominate ' and appoint you and every of you Commissioners to enquire into certain cliarges preferred by A.B. uf (or commonly or openly 1 1- leged) against the Keverend CD. of lo the following ef- fect viz. {state the nature of the charge) and to make a true return to me, pursuant to the said Act, of the result of your enquires into the said charges, and I hereby appoint that your first mee'iijg in execution of the authority, hereby conferred, shall be lioldon at (name of the place of meeting) on the day of Given under my hand, and sealed with the Episcopal seal of Jamaica, this day of 18 , Ecclesiasticarl AH laws, ordinances and canons, Ecclesiastical, now used and in force laws In force in England, so far as they relate to the due ordering and Ecclesiastical iiegi- men of, and jni-isdiction over the Clergy, and so far as they do not derogate from, or interfere with this or any other Act of this island, and all rules of proceeding for carrying the same into eflect, shall be in force in this island, in respect of the Clergy resident here, and all the processes and pro- ceedings, orders, sentences, jurisdictions and decrees of the Eight Eev- erend Father in God, Aubrey Bishop of Jamaica, and of the persons to be deputed in his stead, in respect of the Clergy, shall have the same authority, and be enforced and carried into execution m the bame manner as those of the Ecclesiastical Courts in England, towards and against the CUrgy there, but shall not give any judicial authority or coercion, spiritual or temporal, over the lay inhabitants, except over the parish Clerks, Beadles and Sextons as after enacted, or control abridge or alter the Jurisdiction of the Governor or ordinary in any suit or instance for the probate of wills and granting letters testamenta- ry, and of administration or the repeal or revocation of any of them or in any other manner or with respect to the presentation to the several Churches, Chapels or parishes, or any other power or authority, judicial or otherwise, usually exercised by the Governor, y2 V. c. 23, s. 1. 11'^''° "^sSme ^''® Judges of the Supreme Court sliall, if tliey see fit, aid and assist in Cov^ to enforce enforcing and carrying into execution such processes and proceedings, or- proceedlngs ders, sentences, adjudications, and decrees, at any time, to be issued or made with respect to the Clergy, in the same manner as the Courts of Common Law in England are authorized or required to aid and assist the Ecclesias- tical Courts there, in enforcing their processes, &,c„ il2 V., c. 23, s. 2- Powers of the In case of the demise, disability, or absence of the Bishop, and, in case BiBhop how to be of his demise, until the appointment and arrival of his successor, all the Sh^S&c™ Ecclesiastical jurisdiction, powers, and authorities whieh he could exercise, ' if personally present, shall he used and exercised by the Bishop of Kingston, or any Coadjutor or Suftagan Bishop of the Bishop of Jamaica, and (ex- cept those of Ordination and Confirmsttion) by the Commiesaiies appointed CLERGY. 71 by the Bishop or Coadjutor Bishop, in the absence of an appointment by the Bishoji dui-ing the absence of the Coadjutor Bishop. And iii case llierebe no Commissary, by any two Clergymen oi' the Church of England, Vihom the Governor snail appoint to act as Commissaries, as fully as if appointed by the BishopQf Jamaica. And the Bishop of Kingston or other Coadjutor or Su&aganflishop shall act as Trustee, or otherwise, during the absence of the Trusts. Bishop of Jamaica, in like manner as he is authorized to act under any other acts, 2a v., c. 23, s. 3. No license now, or to be granted by the Bishop shallbe aifeotedby the deatli, resignation, or absence of such Bishop, but shall remain in full force, US v., c. 23, s. 4. The Bishop, with the consent of the Governor, may license or conse- Licenses not af- crate as a place of Worship any district or other Church which he is satisfied feoted by hi« is in aproper condition and situation to be licensed, and nominate and license "ls**b a Minister to such Church, 22 V., c. 23, a. 5. During, and previous to the completion of any district or other Church in „ia(isot'worah?D conrEe < f erection the Bishop, with the consent of the Governor, may licence ' as a place of Worship any temporary building erected or rented for the pur- pose, and license and appoint a Minister tliereto, 22 V., c. 23, s. 6. Temporary 11- Such temporary place of Worship and Minister shall not be subject to eensea the authority of the Eector, but to the Ecclesiastical iuriediction of the Bishop, 22 V. c. 23, s. 7. No Clergyman shall open any house or building as a place of Public Worship, other than sucli as h^ve been provided and appomted for him by Jurisdiction over competent authority, without the consent of the Bishop, applied for, and ™™Porary places obt^ued,22V-, c.23, 6.ti. '^°- No nomination or appoirfment of a Minister to any district or other None other to Church shall be made, unless it is capable of seating not less than 200 per- Sf.i,^? ^^UJ Bons,22V., c.23,s 9. ^ ^'^°''^ °™=™' Every Church, and the land and site whereon it is built, with the Ce- metry, if any, shall be vested in the Churchwardens, as a body corporate, to , ^"^ ^^^i^'^tm^ the U£-3 and intent that such Church with the Cemetery -whall be forever set leBs'^'otecJi can apart as a place of Divine Worship according to the liturgy anfl usages of seat 200 persons the Iraited Church, and be subject to the Bishop of the Diocese, as such. Estate in the ^ v. c. 23, s. 10. church and oe- The Justices and Vestry shall, when necessary, include in their annual °'^'^' estin^tes of expenditure a sum sufficient for purchasing a burial gi'ound, and for repairing all Churches, Parsonagei houses, Fences of glebe lands and burial grounds, 22 V. c. 23, a. II. Any person may under regulations to be framed by the officiating Cler- Repairs, &c. gyman and Churchwardens, erect at his own expense in any Church, a pew stall or sitting, and be entitled to the nse thereof so long as he continues a member of the congregation, attending such Church, to be from to time evinced by the certiiicate of the officiating Clergyman and Churchwardens, pews who shall have power to vary and regulate the positions and places of such pews, stalls or sittings. To eutiile any person to the use of such pews, &c a memo of the erection at tiie cost of such person, attested by the officiaiting Clergyman and Churchwardens, shall ba recorded m the Vestry Books, of the parish. In no case shall any greater number of sittings than 5, be by the authority of this clause allotted to any one person or family, and in every Church at least one half of the entire sittings. Or space for sittings, shall be served free for the general congregation, 22 V. c. 23, s. 12. The number of Island Curates for the several parishes, shall not exceed jgjjj^^ Curktes. 50 in the whole ; and no clerk in holy orders shall be appointed to an Island Curacy, until a Church has been provided and approved of by the BishOp, in which he may perform Divine worship, 22 V. c. 23, s. 13. • The Governor with the advice of tlie Executive Committee, may by his warrant direct payment out of the Treasury of not exceeding the rate of nmates'"*'-*''' £150 per annum as part payment of the Stipend of any Stipendiaiy Cu- rate, provided not less than £l, 100 per annum shall be appropriated out of funds at the,Bishop's disposal in aid of the stipends as follows : To 4 of such Curates, as the Governor and Bishop decide, at the rate of £150 per annum .. -. ' .. £600 To 4 ditto diito ditto, at the rate of £100 .. 400 To 1 ditto ditto ditto ditto, .. .. 75 To J ditto ditto ditto ditto .. -. 25 72 CLEKGY. Vacancies to be filled up as in case ofBectoiB&c and that the number be always kept tip to 10, and that they be removable from place, to.place at the discretion of the Governor and Bishop, 28 V.c. 43, s. 1. In case of any vacancy occurring in thenmnberof the Stipendiary' Cu- rates to be paid, the appointment of a successor shail be made acpording to the rule observed with respect to the appointment of Eectors and rlefend Curates, 22 V. c, 23,8.15. V,- M t Evei'v Stipendiaiy Curate, paid as herein provided, shall be subject to Eoc?eStaSS d£ this Act, 'and any other now or to be in force, relaUng to the Clergy or cipline Ecclesiastical Discipline, 22 V. c. 23, s. 16. , Nomination to The nomination to an Island Curacy, by the Governor, shall be in form Island curacies foUowing: Jamaica, s.s. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, and of Jamaica I^ady defender of the faith. To the Honorable and Eight Eeverend Father in God by Divine pei-mission (Lord) Bishop of Kingston (or Jamaica). Whereas the Island Curacy of in the parish of in the County of and Diocese of Jamaica, is now void and doth of right belong to our nomination, these are to certify to you(r Lordship) that we do nominate the Eeverend Clerk to the Island Curacy aforesaid, requesting you(r Lordship) to grant him youi' license for serving the said care, and moreover we believe him, in our conscience, to be a person worthy to be admitted to the cm'e of Souls. In vritness whereof weJiave caused the Great Seal of Our Island of Jamaica to be hereunto affiLxed. Witness His Excellency Captain General and Governor-in-Chief, in and over our said Island of Jamaica and. other the territories thereon depending in America, Chancellor and Vice Admiral of the same, at Saint Jago de la Vega, the day of in the yearof our reign, A.D., 22 V..c. 23, s. 17. Semoval ^'^ Island or otfcer Curate, shall be liable to be removed without his consent, except by due course of Ecclesiastical Law, and except in the case of Stipendiary Curates, 22 V. c. 23, s. 18. Island curate ^ parishes where an Island and a Stipendiary Curate are employed, the notto be burthen- Bishop or Eector shall not impose upon the Island Curate any duties which ed with the duties properly belong to, and ought to be perforpied by the Stipendiary, 22 V. Curatesin Dea- If any person in Deacons Orders, who is appointed Cui'ate, fails to be S?Pf iSS'ff '° admitted into Priests Orders, for 2 years after tne date of his appointment, d^ ^S^ two it shall cease, 22 V. c. 23, e. 20. y'"^^ Each Clergyman shall at all times, when not prevented by sickness or Duties of clergy accidental eircamstances, perform Divine Service, and preach and teach, or procm'e some other Clergyman to do so on his behalf, in Lis Church, or some other place, and as often on every Lords day, as tlie Bishop shall direct, and shall m all cases solemnize the rites and offices of the Church of England, according to the hook of* common prayer, and on each Lord's day, and once in every week or oftener if required by the Bishop (the day and hours to be by him appointed) attend for a reasonahle time, in his Church, and catechise and instruct all persons who attend for the pui'pose, 22 V. c. 23, s. 21. Banns of marriage shall be published in an audible manner in any Church of the parish in which the persons to be married or one of them dwell, according to the form of words prescribed by the rubric prefixed to the office of matrimony, in the book of common prayer, upon three Sundays preceding the solemnization of marriage, during moraing service, 22 V. Banns and so- Iflmnlzation o f Marriages Banns vaJid for six months only after Complete publi- cation Penalty for Mar- r y i n g without bamis or license but marriage va- lid Banns so publislied, shall be vulid and authorize the performauce of the marriage ceremony, by any Clergyman, for 6 calendai- months, after their complete publication, but not longer, 22.V. c. 23, s. 23. No Clergyman shall marry any person whose bamis have not been duly published, or having been published for more than six months, liave not been republished at the like times and manner as prescribed for tlie publica- tion, or -who has not obtained a license, from the Governor, authorizing the marriage, under the penalty of £60. Any marriage solemnized without the pubheation of banns, or a license, shall nevertheless be valid, 22 V. c. 23, b. 24. CLERGV. If an^' Clertrymau enHer auy corpse to be interred or buried iu any Cliurch or Chancel, he shull incur a penalty of jt^SOO, 22 V. c, 23, s. 25. Each Clergyman shall at all timea, actually and bona fide, reside in the parish or district in which the Church to which he has been appointed is si- tuatBnUnless otherwise permitted by the Bishop on snfBcient cause shewn, 22V;«.a3, S.26. The Governor may grant leave of absence, under the regulations to which officers in Her Majesty's civil service are subject, orother special re- gulation of Her Majesty, for that purpose, to any Clergyman np' n receiving a certificate under the hand of the Bishop, stating that it had been shewn to his satis^tion that leave of absence was necessary, and ought to be grant- ed, 22V,, c. 23, s. 27. , Where leave of absence is granted to a Clergyman, the substitute shall be approved of by the Bishop, 22 V. c. 23, s. 28. If any Clergyman absent himself from his parish or ecclesiastical duties for one month, at any one time, without the consent iu writing of the Bishop, and without appointing some other Clengyman to perform his duties, he shall be guilty of neglect of duty, and liable to be proceeded against under tjie Clergy Discipline Act,- 1858, (22 V. c. 9,) accidental cases and inevi- table preventions excepted, 22 V. c. 23, s. 29. If any Clergyman is absent, except through unavoidable circumstances, from his parish, longer than the period for which he has obtained leave or e^endedleave of absence, he shall be taken to have resigned his living or Curacy, and th^ Bishop shall declare it vacant, and recommend the Gover- nor to, and he shall appoint any Clergyman in his room, as in the case of a death vacancy, 22 V. c. 23, s. 30. Nothing herein relating to residence and parochial duties, shall extend to the domestic chaplain of the Governor, or to the chaplains to the Legisla- tive Council and Assembly, so long as they are actually engaged in the per- formance of their duties, as such, 22 V. c. 23, s. 31. No Clergyman shall act as the procuration attorney of any absentee in tjie management of any estate or plantation, or be appointed or act as re- ceiver, for any estate or plantation, except for his own or any estate in which he or any member of his family is interested, 22 V. c. 23, s. 32. When the Chtu-chwardens complain to the Bishop of the neglect, or in- attention to any of his duties, by any Rector or Curate, it shall be his duty to proceed under the Clergy Discipline Act, 1858, (22 V. c. 9) against such Kector or Curate, 22 V. c. 23, s. 33. If any Clergyman is convicted of any offence against the common or Statute Law of Great Britain, or of this Island, the Governor, on the rf port of the Bishop, may suspend or dismiss him, and during suspension he shall only be entitled to one moiety of his stipend. . In case of dismissal the living or Cura- cy shall be vacated, 22 V. c. 23, s. 34. The power of appointment of Clerks and Beadles shall be exclusively exercised by the Clergymen in their Churches, annually on the 1st July, or as soon after as practicable, and in case of death, or resignaton, or removal, as often as the offices become vacant, 22 V. c. 23, s. 35. The Bishop upon complaint by the Clergyman of misconduct or neglect of duty on the part of any Beadle, or Clerk, or Sexton, of his Church, may suspend him until he can enquire into the matter, and remove or dismiss him, if he thinks proper, 22 V,, c, 23, s. 3B. The Clergyman appointed to every Church, shall keep a book to be fur- nished at the cost of the parish, and their property, in which shall be entered the duties performed eacli week, and the names of the officiating Clergyman on each occasion (Form Schedule E.) such book to be open to the inspection of any Clergyman, Justice, Vestryman, or Churchwarden, or person ap- pointed by the Bishop, and transcripts forwarded to the Bishop at such times as he shall appoint, ^ V, c. 23, s. 37. Registers of Baptisms, Marriages, and Burials, solemnized according to the rites of the Established Church, shall be made and kept by the Eector or Minister officiating for him, in well bound books, to be provided out of the parochial funds, in which such Eector or Minister officiating for him shall as soon as possible after the solemnization of every baptism, marriage or burial, record and enter in a fair and legible hand the particalars in Schedules A, B and C, and sign the same, and in no case, unless prevented by sickness or - other unavoidable impediment, later than within 14 days after the ceremony, 32 v., C. 23, s, 38, K rs No burial In a Ohmcli Besideuce Leave of ab- sence Subatitute Absence Tritb- out leave Absence beyond leave Chaplains to, the Governor, Coun- cil, or Assembly Prociu:ation At- tornies complaints of Churchwardens convictions of offences against the common or statute Law Appointment of Clerks and Bea- dles Removal o f Clerks, Beadles or sextons Duty book E-egistets of baptisms, mar- riages, and buri* als 74 OLEKSY, Burials not Ijy When tlie ceremony of the burial is performed by toy other thdn' the paiisli clergyman Clergyman of the parish in which the burial took place, the pergoii'perform- ing- it shall on the same or next day transmit to the Rector a ceiMcate of such burinl (Form Schedule D), signed by him, and the Eectorishall thereupon enter it according to the certificate in the book, and add to the entry " accord- ing to tlie certificate transmitted to me by on the day of 18 ", and sign the same, 22 V., o. 23, s. 39. property in, and The Registry book shall belong to the parish,' and be kept by, and re- custody of Begis- maiuinthepoAver and custody of the Rector or Minister officiating for him, ters and safely and securely kept, and shall not be taken or removed • from the power or custody of the Rector, &c. at any time, or for any cause, except lor the inspection of pereons desirous to make search, or to obtain'copies, or to be produced as eAndence in some Court of Law or Equity, or to be in- spected as to tlie state and condition, by the Churchwardens, qnsrterly, oi by the proper Ecclesiastical Authorities, ±2 V., c. 23, s. 40. Every Clergyman other than the Rectoi' of each pai-ish shall within turns to Sector seven days after" the end of every three months render a return duly.; ce- by clergymen of tilled uuder his hand I o the Rector, of all baptisms, marriages, and burials the parish to be performed by him daring the three preceding months, and containing as far registered ^g possible all the particulars in Schedule, ABC, under a penalty (payable to the Rector) of jE12, to be recovered before a Justice, and payment enforced (by warrant of distrets and sale), and the Rector shall enter m the Re^ster Books such baptisms, marriages, or burials according to such retunisVand add to the entry "according to the certificate of the Reverend A B., Island Curate (or as the case may be) transmitted to me on the day of 18, ' ' and sign the same, 22 V., c. 23, s. ■!] . Ouai-terlv re- '^^^ Rector, or Minister ofiiciating for liim shall transmit to the Re- turns to the i;e- .^istrarof the Diocese, a certified return of all registers of baptisms, mar- gistrav I'iages, and burials, within 20 days after the 1st January, April, July, and October in each year, under a penalty of £30 in form following : — I, A B, Rector (or Minister officiating for the Rector), of the parish of , in the Connty of , do hereby certify that the writ- iiif^a hereunto annexed, purporting to be copies of the several en- I lies contained in the severil. baptisms, marriages, and bnriale in the parish of , from the day of to the day of 18 , are true copies of all the several tutries in the said Register books, respectively from the said day of , to the said day of and that no other entry during such period is contained in any such, book, to the best of my knowledge and belief. Extracts A. B., Rector) or Minister officiating for the Rector), 22 V.,c. 23, s. 42. An extract or copy from the Register books, certified under the hand of denoo ""'™ "" the Rector, &c., or of any return made from the record thereof in the Bishop's Office of Registry, and certified under the hand of the Registrar, or by tne oath of a witness, who had compared tlie extract or copy with the entry in the Register book or the record in the Bishops Ofiice, shall be admitted as legal evidence, to the extent the original would go, but not to its exclusion — 22 v., c. 23, s.43. 4 Knowingly and wilfully inserting, or causing or pennitting, &c., in any False entries Register book, or in any copy to be transmitted to the Registrar, any false entry of a false statement in any writing or instrument, purporting to be an extract from any matter relating to any baptism, marriag'e, or burial, or falsely making, altering, forging, or counterfeiting, or causing or procur- ing, or wilfully pennitting to be falsely made, &c., any part of any regis- ter, or any copy of, or any writing or instrameut, "purporting to be an extract from any such register, or wilfully destroying, defacing, or injur- ing, or causing or procuring, or permitting, &c.," any Register book, or any part, or knowingly, or wilfully signing, or certifying any copy of, or extract fiom, any such register required to be transmitted, which shall b'e false in any part, knowing the same to be false, felony, 22 V. c, 23, a. 44. CLERGY. , 75 No Rector, &c. who discovers any error in the form or substance of the entry oon'ooKon of ci - hi the Eeeister book of any baptism, maniage. or burial, shall be liable to '<"'«■ any penaity, if he -within one calendar month after the discovery, in the presejice of the parents of the child whose baptism has been entered, or of the targea married, or of two persons who attended at any burial, or, in case of tDBdeath'Sr absence of such respective parties;; then m ihe presence of the Clmrchwardens, (who shall respectively attest the same) alter and cor- rect the entry found erroneous, according to the truth, by entry in the mar- gin of the book without any alteration or obliteration of the original entry and shall sign each entry in the margin, and add to such signature, the day moiithj and year when the correction was made, 22 V. c. 23, s. 45. The 'superscription upon letters and packets containing the copies of Ti-ansmission of narisK registers, to be transmitted by the post to the Office of the Eegisti'ar, copies of lugntcis. shall be endorsed and signed by one of the Churchwardens. Form , Sche- dule F. 22 V. 0. 23, 8. 46. . The Registrar of the Diocese, in the event of any failure in the trans- ties°^'^ '"' ' " mission of copies of registers by the Rectors, shall report the default tipeci* ally to the Bishop, ajjd within three months after he has received such quar- •terly returns or popies fully record the same in the books provided by him Kecovds, inacxe.s for that purpose, and shall also cause alphabetical lists or indexes" to be ''°"''°''°'- made, in books suitable to the purpose, ^f the names of all persons and pa- rishes, meniioned' in such copies of Registers, which indexes, and books and, copies^; sliajl be open to public search, at all times-, during which the Is- land-Secretary's Office is required to be open, 22 V. c. 23, s. 47 The Registrar shall cause all records in his office, as well as all copies, Kc'corts'"Z°'''°" "' of Registers forwarded to him to be recorded, to be safely and securely de- posited and preserved from damage or destruction by flie, or otherwise, and to be carefully arranged for the purpose of being resorted to as occasion • may require. Penalty, £60, 22 V c. ^, s. 48. ' The fees of the Registrar in resjjgiWof records, or register of burials, Kcgistmi-'s feci, baptisms, and marriages, and dockets, abstracts and searches shall be paid on the like scale as the fees of the Island Secretary, and he shall Bo enti- tled for diitifes performed in his office according to the scale of fees, G,. but Shall not take greater fees. Penalty, £60, one half to the informer, ;.'2 V. c. 23, B. 49. The Registrar' shall be paid by the public for recording copies of registers at the rate the Secretary is entitled to charge for deeds, and by ■personB requiring copies or extracts at the same rate, 22 Y. c 2y, s. 50. " Rectors may demise and lease to any person willing to become a lessee, i.oasos o f Gieiio all or any part of the lands annexed to their rectories called Glebe lands. ''l"''hVusM, ''""°"' for a number of years certain, not exceeding 21 years,- subject to such cove- nants and agreements as shall be concluded between the respective parlies, but no tease shall be valid unless it, or a counter part of ir, is recorded in the Secretary's Office, within 90 days after execution, 22 V. c. 'S3, s. 51. The best improved rent that can be got shall be reserved in every lease Best impro-,-cd for the benefit of the Rector and his successors, subject to the deduction after lout mentioned, 22 V. c. 23, s. 52. No Rector shall take or receive or suffer, &c. , by any person, for his use comocjitonoes o f orbesnefit, any fine, fee, reward, sum of money, or consideration for granting taking any other such lease offer than the rent reserved therein, under the penalty of treble ooasiiacratioii. the value of such fine, &c., and the further sum of £100 to any person who shall sue for the same, 22 V, c. 23, s. 53. Any lease gi'anted for, or by reason, or on account of any fine, &c., other than the rent resei'ved shall be ipso facto void, and the land so corruptly lesfsed shall be vested jn the Justices and Yestry, to be by them rented or otherwise disposed of, for the benefit of the poor of the parish during the lifetime of the Rector taking such fee or reward other than the rent j'e- served, who shall be for eyer after disabled from granting any lease of the land or any part, and any lease granted by such Rector after such offence shall be void, 22 V. o. 23, s. 54. 76 CLERGY. NO 1 a 8 8 to bo No Rector shall grant any lease of any part of such land until the existing Mist'ing loaM^ ""^ ^^^^ ^^^ expired, been surrendered, or otherwise determined, otherwise the same shall be void, ~2 V. c. 23, fi. 55r The Eeotor shall not be empowered to lease the parsonage house, o^ ng8,°°hou°e 'lo'To ^^V partof^he Glebe lands of his parish requisite for the necessary uses and be with oonsont of Comfortable accommodation of the Incumbent and his family, unless with the Juatioes and "V o » - consent of the Justices and Vestry, in which case he may lease or rent for not exceeding 21 years, 22 V. c. 23, s. 56. One-tenth of rent When the parsonage house and lands, or either of them are leased or to bo iiaMtothe rented 33 aforesaid, a portion, not less than one tenth of the whole rent, STopST''''' '° shall be annually lodged by the Rector in the hands of the Receiver General, aud held applicable to the repairs of such parsonage house and fences to such lauds, whenever such repairs are required, 22 V. c- 23, s. 57. CompenBaiLoii in The Rectors shall, duriug their respective incumbency, in addition to fe°". °' "'"' "'"' their stipends as Rectors, be entitled to receive under waiTant of the Gover- nor the sums set opposite the name of each parish in Schedule H., by quar- terly or monthly payments, as the,Governor shall direct, in fall annual com- pensation for Glebe or parsonage house, sen'ants, and all fees, except as after mentioned, 22 V, c. 33_, s. 58. ,r ■ The Reverend Charles Tuthill May, the present Rector of St. George, shall be paid daring his incumbency, £140 per annum, and £73 and £18 shall be paid to ^ach succeeding R«ctor of St. George, in full- of all claims and allowances for Glebe, rectory house and servants, and for burials and otherwise, as provided by such schedule, 25 V. c. 21, s. 23. Immediately after the decease, resignation, orremoval of the Rector of St. Thomas in the East ■or \ ere, the allowance to them for servants shall cease, and their successors shall not be entitled to any such allowance, 22 V. c. 23, s. 59. " • V . Hector's fees. The Recfors shall be entitled to the following fees : — For each tablet, or cenotaph erected ih the parish church or any chapel ■ £2 For a tomb, whether built of brick work or otherwise, over a grave in the churchyard 10 For a vault in the Churchyard, whether built of bricks, or otherwise, and whether enclosed with iron railing or not 2 *0 For comparing and attesting, or preparing and attesting an ex- tract from the parish register, of births, deaths, or mar- riages, 22 V. c. 23, s. 60. ■ 10 No Rector or Minister officiating for him shall demand any fee for the performance of any clerical duty, 22 v. c. 23, s. 61, Exemptions from All certificates for leave of absence, returns, and proceedings made ne- stamps. cessary by this Act, shall be exempt from stamp duty, 22 V. c. 23, s. 62. Penalties. Penalties not declared how recoverable and applied, shall be recovered by action of d=bt. One moiety to the person who sues, 22 V. c. 23, s. 63. snpremo' court" °' . Act not to alter, restrict, or affect the jurisdiction of theSupreme Court, touching the Bishop or any body, or person, or matter mentioned therein, 22 V. c. 23, s, 64. Short Title. " The Clergy Act, 1858," 22 V. q. 23, s. 66. Interpretation. " Church," shallinclude chapels, and other places belonging to the Es- tablished Church in which Divine Worship shall oy license of the Bishop be performed — "Clergyman," shall include Rector, Curate, or other Minister, of the Established Church duly licensed by the Bishop, and appointed to offi- ciate in some Church, 22 V. c. 23, s. o7. iiuraUon Act to determine 31st December, 1869, 22 V. c. 23, 68, eiiEB6V. 77 u ! •as a n w o as ■< ..a 1 t 1 S 6 Qaality, Trade, or Profession. 1 <6 £ o (1| {/! e 1 - 3 OQ a I. -i 1 1 - . i • 1 J l-H 1 1 1 1 05 § l-H 1 l-H 6 1 rH c* 78. CLESaT. ■s a +3 ■p. a n >■ a > ■3 ►-5 n Q w ^ GD § a o "S. fl o.-. (=1 o ff 1 .a «5 ■>l a n i >l CEBEQy, f^ a m >i , -fl (5 P •3 1 K « is OB > P Q M O 60 P va I S 80 CLEKKS OF THE PEACE AND MAGISTRATES. Superecription t returns, 8. 46 To the Eegi8traro*the Diocese of Jamaica A.B. Eeotor (or officiating Minister), of CD. CSiurchwarden. Spanish-Town. Kugisters feM, s. 1. 49 For letters of orders, Deacon's or Priest's, according to the act of Ordination, and administering the Oaths :•.-• For a Clergyman's Licence, recording the same, and adlninie- tering the Oaths •■.. For schoolmaster, lay reader, or catechist licence, recording the same, and drawing out declaration paper .... For licence of place of worship, .and recording the same .... Appointment of an apparitor, and recording the same Appointment of a Chaplain, and recording the same Appointment of a rnraldean or commissary, and recording same .... Letters of institution to living, administering oaths, and recoid- ing memorandum thereof Mandate of induction, aud instruction for reading in Drawing up and filing a sentence of consecration, and prepar- ing petition .... .... ■.... Drawing up, recording, and attesting an act of consecrdnon Drawing up faculties or other ecclesiastical documents, not spe- cified above, at the rate of one shilling and six peace per legal sheet Secording faculties appointments, or other ecclesiastical do- cuments, not speciJSed above, at one sliillingand sixpence per legal sheet £ s. d 1 12 1 12 6 3 1 12 ■ H Parishes. In lieu of Glebe In lien of In lieu of Fees, 9 V Total all Allowances to Kec- tors, fi, 68 &c. Servants. c.32,s 27. ancee Kingston £96 £.. £66 £162 Port Eoyal 60 18 78 St. David 72 18 90 St. Thomas ye East 63 50 30 143 Portland • 50 12 62 St. George 73 ,, 18 91 Metcalfe 80 18 98 St. Mary 18 18 St. Ann .. 30 30 St. James 30 30 St. Elizabeth 30 V 30 Manchester is 18 St. Dorothy .. 12 12 St. John 18 18 Trelawny 72 18 90 Hanover 30 30 60 Westmoreland 90 36 126 Clarendon 90 18 108 Vere 84 62 18 164 St. Catherine 84 42 126 St. Thomas ye Vale 122 18 140 St. Andrew 100 .. 30 130 Clerks of the Peace and Magristrates. To be admitted At- .. No person shall he appointed CleA of the Peace unless pi'eviously ad- tomey. mMed to practise as an Attorney of the Supreme Court, 3 V., 65, s. 46. Clerks of Ci««u p„,J°,''® ^^^"^^ °^ C™"' ^'°"'-'^' "^ V„ c. 10, s, 28-32, (See Circuit Courti , Courts.) CLEHKS OF THE PEACE AND MAGISTRATES. 81 The powers and authorities heretofore vested in the Courts of Quarter Amonabie to Seasi(!>nB,liy anytew, of;thifeislandor of Eugland, over Clerlis of the Peace, 'i« 3"?'™= Courts are vested m the Judges of the Supreme Court, in respect of their suspension, or dischai'ge from otfice, or ptherwise, 19 V., o. 10, ^. 32. The Clerks of the Peace and Magistrates' Clerks shall be paJAmonthly .saini-ioa ana dn- or quarterly, in fuU compensation for all proceedings for felonies, petty lar- ''"'""^''^f™" cenies and aggravated misdemeanors indictable at the Assize or Circuit Courts, or triable at Petty Sessions, and for all other duties at the Assize or Cu'ouit Courts acd Special and Petty Sessions, relating to offences or matters of public natme or directed by two Justices, and all duties performed by them in f urth&'anee of the general ciirninal justice, and in assistingthe magistrates in public matters before' them,' the' salaries in Schedule A— 23 V„c. 18,8.1. In respect of other nmtters, the Clerks of the Peace shall be entitled to Pens the fees in Schedule B, and Magistrates' Clerks to those in Schedule C. — Whenever the duties of Magistraites' Clerks are performed by a Clerk of the Peace, he shall be entitled to the fees payable to the Magistrates' Clerk, in addition to those payable to him as Clerk of the Peace, 23 V., c. 18, s. 2. Such fees to be paid by the person requiring theii services, unless the proceedings are directed by two Justices, 23 V., c. 18, s. 3, Each Clerk of the Peace and Magistrates' Clerk shall, under penalty of Lists of fees to £30, to be recovered by action of debt in the Circuit Courts, for the use of ijooiubitea the parish or prepinct, affix in a conspicuous part of the room in which 'the Justices hold their usual sittings in Petty Sessions, a.fair and legible list or scale of all fees herein provided, so that the public may at all times have ac- cess thereto, 23 V., c. 18, s. 4. Every Clerk of the Peace and Magistrates' Clerk shall, when required by the Governor, transmit to his Secretary a return of all trials in the Circuit vemor"" ° or Petty Sessions, or other courts for which he is Clerk bf the Peace or Ma- gistrates' Clerk for such court or period as the Governor directs, and furnish such information in respect of any such trials as he requires ' as is in their power to afford. Penalty £30, to be recovered and appropriated as any other penalty under this Act, 23 V., c. 18, e. 5- ; Every Clerk of t^p Peace and Magistrates' Clerk shall have his per- Kosidence manent residence withm the parish or precinct for which he holds his ap- pointment, and no Clerk of the^Magistrates shall be absent from the parish or precinct longer than seven days, nor any Clerk of the Peace than 30 days at onetime, except by tlie consent in writing of the Gustos and of not less than tvvo Justices, but those for Kingston and Port Eoyal may, at ' theii: op- tion, reside in Kingston, Port Eoyal, or St. Andrew, 23 V,, e, 18, s. 6. In the event of a vacancy in the office of Clerk of the Peace for King- Salary of futiim Bton the salary shall be at the rate of £000 per annum, 23 V. c. IS, s. 7. of°Kingston,'^tTe "When the Gustos is absent from the island, or there is a vacancy in the vacancies in office office of Gustos for any parish in which there is a vacancy in the office of of cierk of the Clerk of the Peace, and there is a Magistrates' Clerk, an admitted Attorney, I'oace to discharge the duties, he shall do so until a permanent appointment is made, and receive the emoluments, fees, and perquisites while he acts, and he bound to discharge the duties appertaining, and be liable to the penalties attaching to the office ; but if there is no Magistrates' Clerk qualmed, the Chief Justice shall appoint a duly qualified Attorney-at-Law to fill the vacant office dur- ing the absence of the Gustos, or until a Gustos is appointed, 23 Y. , c. 18, s. 8. Upon any vacancy occurring in the office of Magistrates' Clerk', the q. Magistrates' Clerk of the Peace shall enter upon, and perform the duties of fchei office, cioi-u without increased remuneration, by way of salary, but shall bo entitled to the fees payable to the Clerk of the MJigistrates' in addition to those payable to him as Clerk of the Peace, and whe're the office of the Clerk to the Magis- trates was held by the last Clerk of the Peace, the Clerk of the Peace to be appointed shall also, enter upon, .^ud perform the duties appertaining to the office of Clerk to the Magislrate's,' and receive the salary and fees of the Clprk ofthe Peace, and also the fees, but not the salary, of the Magistrates Clerk, and whenever it becomes vacant, the office of Clerk to the Magis- trates shall 'be abolished, and'"the salary shall determine. Every Clerk of the Peace who neglects, omits, or refuses to perform the duties of the office of Magistrates' Clerji, shall be deemed to have resigned hie original apjioint- m«nt of Clerk of the Peace, S3 V. «,X8, », IQ, 82 CLERKS OF THE PEACE AND MAGISTRATES. They una thoir No person not being an admitted Attorney at Law shall be appointed to ton"y«at'iaiv.° "' discharge any of the dudes required under this Act, nor shall any deputy be permitted to perform the duties of any officer, unless he be an admitted Attor- ney at Law, duly qualified, 23 V. c. 18, s. 11 — 3 V. c. 65, s, 46. ,_ .„ No deputy, or assistant of any Clerk of the Peace or Clerk of the Magis- agaiiiBt t ii trates, shall act against the crown or prosecutor on any prosecution, for any 1 m thoir pvin- ojfence charged or committed within the precinct or parish for which his principal is appointed, 23 V. c. 18, s. 12. Act in force until 31st December, 1866, 23 V. c. 18, s. 13. Deputies not to net crowii cipjil parishes. SCHEDULE, 23 V. c. 18. A Salui'Ies, B. I Clerks of the Peace fee?, B. '2 Clol-kaof thoJrfll' eistrntoa fooa, a. a Parishes Kingston, now Port Royal, now St. Andrew, St. David, St. Thomas ye East Portland St. George, Metcalfe, St. Catherine St. John, St. Dorothy, St. Thomas ye Vale, St. Mary, St. Ann Clarendon Vere . . Manchester St. Elizabeth Westmorland, Hanover, St. James, Trelawny, Clerks of Peace. Clerks of Magistrates £600 ■ 120 160 120 200 120 80 120 KJO 120 400 80 160 96 200 120 200 .... 120 200 120 120 80 200 120 200 120 200 120 200 200 120 200 120 Drawing indictment and attending trial, recording pro- ceedings and all other business connected therewith- In case of private prosecutions when not required by the parties prosecuting to act Taking depositions or examinations, in aU other pro- ceedings, per sheet of 160 words, not connected with the above - . Entering records, making copies and extracts, per legal sheetof 160 Words Each Certificate to be annexed to proceedings Taking recognizance each person Venire facias for each Court - . For each Calendar not exceeding 3 for each Court Entering every order of Court Each copj' Making out and signing each Subpoena or Summons to witness Each copy AU proceedings to be returned on Writ of Certiorari or Mandamus per sheet of 160 words-- ■ Servants' Wages, Information and Summons Attending at trial, and all other work connected there- with Warrant of Distress . . ! " ! Eees under Petty Debt Act, according to the provisions of that Act For every deposition on information Sammona or Warrant when required ..'."'" £ s. d. 3 2 16 6 2 2 1 CLERK OP THE SUPEEMJ3 COURT AND CROWN. Attendance at the trial of each case, includiug the examination of witneBsea, and entering reoora, and all matters connected therewith Affidavit to ground Search Warrant and Warrant . . . ! Affidavit and Warrant for articles of the peace and good behaviour EaohNotice Each copy ...'..'. Each SiuumonB or Subpoena for wituess . . Each copy Taking recognizance each pei-son £ B. d. 83 Clerk of the Supreme Court and Crown. The offices consolidated and the holder to be called clerk of the Supreme Court and Crovra, 20 "V., c. 22, a. 1. Ko person eligible except a Barrister of three years, or a Solicitor of six yeara standing in the Courts of the island, 20 V., c. 22, s. 2. He shall before acting, under penalty of £600 for omission, enter into recognizance, in £1000 and two sureties in £500 each, before the Chief Jus- tice, for the faithful and due discharge of the duties of his office, to be ap- proved of by the Attorney-General, and signed before the Chief Justice at the time of entering into security, and on being attested by him to be re- corded immediately in the Secretary's Office. The production of the record shall be evidence in all caees, 20 V., c. 22, s. 3, He shall within one month after the death or insufficiency of any surety, enter into fresh security, first (pving to the Attorney-General four days' notice, in writing, of his intention, with the names and additions of his intended se- curities, to be taken and recorded, and be evidence as before directed — 20 v., c. 22, s. 4. Nomember of the Legislative Councilor Assembly, or officer accounta- ble to the public shall be accepted as surety, 20 V., c. 22, s. 5. All process of the Supreme Court shall be signed by the Clerk of the Supreme Court and Crown as heretofore, and shall not require the signa- ture of the Chief Justice or other Judge, 20 V., c. 22, s. 6. Not to be permitted to practise in any Court of this island, 20 V., c. 22, s. 7 He shall keep his office in St, Jago de la Vega, and keep it open lor the use of the pablic, from?, a.m. to 3, p.m., every day, Sundays and Holidays excepted, and shall attend for the diacharge of his duties on all such days un- less prevented by sickness or j>ther reasonable causes. Penalty. £30 — 20 AC, c. 22, s. 8. During the continuance of the Act, all fees heretofore payable to the Clerk of the Court or Crown shall be abolished, and all Acts, so far as they relate to such fees, repealed, 20 V., c. 22, a. 9. Penalty for aaking, demanding, taking, or receiving by himaelf or any person for him, any fee or gratuity, £50, and he may, in the discretion of the Supreme Court be declaimed incapacitated to act, 20 v., c. 22. s. 10. Instead of fees, there shall be set upon all papers, writings, process and proceedings, out of the Supreme or Circuit Courts, or office of the Clerk of the Supreme Court and Crown, the Stamps in Schedule, in addition to other Stamps, 20 V. c. 22, s. 12. He shall be allowed in lieu of fees, the annual sum of £800 (to be re- duced to £600 after death, removal or resignation of the present holder, 27 V S. 1, 0. 4, a. 3.) to be paid by the Eeceiver General, quarterly, 20 V c. 22, 8. 14. And be paid £40 per annum, for contingent expenses of offipe, not otherwiae provided, payable quarterly, 20 V. c. 22, a. 15^ He ahall employ an efficient Clerk to assist him in the ordinary duties of his office, and in receiving, filing and preserving the records, and whose duty it shall alao be to enter up and record all orders of the Supreme and Insolveiit Debtors' Courts, when required, and of Judges in Chambers, and make and enter the necessary and accustomed indices and alphabets of records , and also to record all documents and proceedings not otherwise provided for. Salary to be paid by Receiver-General, on certificate of the Clerk of the Supreme Court and Crown, £200 payable quarterly, 20 V, c, 82, s. J 6, Offloes consoli- dated Qualification Security Fresh Security Persons ineligi- ble as sureties signature of pro- Not to practice Office and office hoiirs Fees abolished Penalty for tak- ing fees Stamps in lieu of fees Salary Contingencies clerk, his duties and salary 84 Keoording" Juilg- mentB &c. Offlco copies, Temunera- tion for Books for records Jiaali alphabets PuMic l-eoords, ficcess thereto Eecords of writs and returns Assignments of Judgments Provost Marshal's Schedule under «S.3, 0.30,5.18 Fees to pnhlic of- ficers to be allowed in taj^ation of costs Satisfactions Hotums of satis- factions to tho Pro- vost Marshal Pm-ther duties Office dopics &c to be delivered within 6 days Leave of absence Deputy CLEEK OF THE StTPREME CPUJIT AND CROWN, Also persons to enter up and record all the Judgments, inquisitions, writs, indictments and other proceedings required by law, or the practice of tlie Su- preme Court, to be entered up and recorded, and the making of office copies when;;equired, and allow for the same a,t the rate of 4Jd for every 16Q words- or figureSjto be paid from time totjme, by the Receiver General, on certiiicate of the Clerk of the |§upreme Court and CJrown, endorsed on an account . veri- fied on oath by the person entitled to be paid, 20 V. c. 22, s. 17. , ' The Receiver General on requisition of the Clerk of the Supreme Court and Crown, shall procure and supply all such books as are irom time to time required for recording or entering documents, ,20 V. c. 22, B. 19. The Clerk of the Court shall keep regularandjust Back Alphabets of Judgnients obtained in the Supreme or Circuit Courts, penally £300, 20 V. c. 22, s. 20. All proceediags, civil and criminal, declared to be publicrecords, and the Clerk of the Court shall keep all records in his office, and all books and documeiitB opeii for inspection by the piibho,' during office hours,' ' and 'any person shall be entitled to make and take copies of proceedings and documents " free of charge, except the fee for searching, where demandable,,26! V- C.22, s. 21. , , He shall keep in hisoffltee, books, in which to enter and set down on the return of writs from the Provost Marslial't Office into his thet names of plain- tiffs or defendants, with their addition, the amount of debt or damages, liie coats . of suit and of delay, and the levy endorsed on the back of each writ, with the , names of the persons Avho subscribe each direction to levy. Each entry shall specify the Court, at wliiqh the writ is returnable, with the return .thereto. Such books to be received as books of record,- and thei same or a transcnipt therefrom of any of the writs therein entered, duly authenticated by the Clerk of the Supreme Court and Cro^vn, shall be received aa , evidence', as also pf the originalJudgment when lost or mislaid, 20, y. c. 32, B. 22. He shall keep a separate' book for recording aBsignments of ,Judgm0iittB. . 20 V. c. 22,8.23. • ' , , ,' And on any assignment being recorded, shall make, or causei&c, a note in the margin of the record of the Judgment, assigned, the name of the assia- neo, and dale of assignment, and shsill not knowingly suffer to i,ssue out of his office, any writ on any such Judgment except by the party entitled to such, assignment or his attorney-at-law, 20 V. c. 22, s, .24, , , , . ' Each Schedule, delivered by the Prpyost Marshal to him, under ,43 G. 3, c. 20, s. 18, shall be recorded m a book, for the purpose, and each original carefully kept, with the date of filing endcirsed thereon, penalty £.50, 20 V. c. 22, s. 25. ' He shall tax and allow to each party ui his biU of costs, afl fees paid to, the Provost Marshal and Clerks of Circuit Courts, authorized to be received' by them, 20 V. 0.22, s.. 26.. He shall cause all proceedings recorded i in his office, to be carefully, ex- amined, penalty £30, 20 V. c.22, s. 27. •,,,,, He shall enter every satisfaction of Judgment delivered to him at his office on the margin of the record of the Judgment, and keep a book called " a sa- tisfaction book" wherein to be entered alphabetically, dockets of such satis- factions, 20 V. c. 22, s. 28. '■ ■ ,' I-,,,-' ,,, , ' , „ ,, _ ,. TheAttorpey of the party entitled to Judgment, shall a;t the time of tax- ing his bill of costs, file a postea of such Judgment, beai-ing the Stamp reaiiired by Schedule,, 20 V.c,22,.8. 29. 0,0 .i- 4, ..,„v He shall, witnin 20^days after each Supreme Court, return under his hand to the Provost, Marshal's Office, a certificate of eveiy satisfaction of Judgment, entered in his office, 20 V. c. 22, s. 31. Jle shall attend the sittings of the Supreme Court and Judges in Cham- bersjtax bills of costs on proceedings between party and party, and' between Solicitor and client, and file all papers, proceedings or documents to be filed in bis office, and cause to be prepared, ,6ffice copies and exemplifications required, and deliver them, within 5 days from the day of which thev ate ordered, 20 V. c. 22, s. 32. . " ■ The Governor may Rrant him leave of absence, not exceeding 12 months at any one time; provided that on each occasion, a person qualified as by this act IB reqmred, be appointed by the Governor, to discharge the duties, during his absence, 20 V. c, 29, B. 33. " ' s ii COIN. , .,, 85 stamp Duty on his Commission, shall be £'S0 only, 20 V. c. 22, s, 34. stamp on Commis- Any person, taking down any book of record, iu the oifice, from the Taking down ana shelf or place, iu which it is .kept, and not returning it to its own not rotummgbooka iroper place, shall forfeit 40b., recoverable before a Justice of St. Catherine *° ''"'°° !0 V. c. 22, s. 36. Persons not admitted Attorneys, nor the authorized Clerk or agent of Foos for semohei. an admitted Attorney, who make searches in the OfBce, Or take any ex- tract or docket from the records or documents, shall pay a fee of Is. for every, 3 bora's, or lees, time they ai'e occupied, for which the Clerk of the Court and crown, shall give a receipt upon a stamp of equal value, 20 V. o. 22, s. 37. . ....... : , . A fair written table of stamps imposed by this act shall be prepared, and «. « ° ' ""'i''- placed in a cftnspicuous paiH) of the office, arid so kept for public inspection. Penalty £20, 20 V. c. 22, s 38. The penalties imposed on the Clerk of the Coui't a^d crown for neglect Kecovery & c. of of duty, shall be recovered by attachmeut, to be issued by the Supreme p^aitiea. Court on application of the Attorney General, or by any paity aggrieved, and the pnoceeds applied to the use of the public, 20 V. c. 22, s. 39. In iorce for 7 yfears, 20' V. c. 23, s. 42. ' Continued to 19th March, 1871, 27 V. S. 1, e. 4, s. 1. SCHEDULE TO 20 V. c. 23. On each declaration of the 1st class " " 2nd class " Postea of JuJ -ment of let class " '■ 2nd class " Writ to be retui'iii,!, with Inquisition in extent ,| " Inquisition for each writ included therem, ...ui-. " Other Writ ' (Writs of summons, arrests, replevin, subpcena in criminal oases, and habeas corpus excepted) ■•'■ " Writ of subpoena iu civil cases, when the names of three witnesses only may be inserted ' ' Special Writ of Venire Facias ' ' Certificate under Seal . . .- ^ . . " " not under Seal " Attested Order lif - " Manucaption 1 - ■'On each information filed ill the Crown Office, at the instance of a private prosecutor " Commission for taking Affidavits , " Other Commission -.-- " Bill of Costs -■:--- " Memorandum or minute of a judgment to be registered under 8 V. c. 48 10 " Office Copies on each sheet of folio poet containlning- 24 lines -■-- ------ 16 Clerk of the 'Warrants. His fees for drawing a Warrant for the Seal, 4s. 4Jd. currency. 10 Ann c. 4, B. 32. -•'■■" '•■ '■" Com. No payment shall be deemecl good but in current coin of gold or silver, ,,„^»^|»,'''?, unless where both parties agree for payment in sugar, or other produce, 24 " G. 2. c. 39, 6. 9. The Doubloon shall be a legal tender at £3 4s., the silver dollar at .4s. Loealtonaers,. 2d. [but not its subdivisions, 5 V. c. 28i] and the gold ocnns of Great Britain ■ and Ireland to any amount at the rates they pass current at in Great Britain and Irelaiid, 3 V. c. 39, s. 10. The British silver crown, half crown, shilling and six pence, legal ten- ders to any amopnt. ,AU coins under sjx pence,, viz : 4d., ,3d., 2d., IJd , only to the exWnt of 40s., in afly 6il,e payutent. 7 V. o. '51. 4 , Table fstampfl, 2 8. 38. 6 3 .■) 3 3 "■■::■■■ i{'::. 1 7 G^ 7 6 0' 1 6 1 6 3 -0 3 0. 3 3 3 lie in silver. 86 COLLBCTOBia OF DT7ES. Fsyment of aeve- When payment is demanded of eeveraj bank notes, or other engage- vni notos at Once, ments, at the same time, reference shall be had to the sum of the whole amount demanded, and a tender of silver separately on each note shall not be legal, IV. c. 21, 8.3. Copper. Copper coin of the United Kingdom shall be current, and a legal tender for one payment at one time not exceeding 12d. or other amount to be declared by royal proclamation, 6 V. c. 40. Counterfeiting Coining, falsifying, falsely forging or counterfeiting, impairing, dimiu- cofn™' '°''°'^'' ishing, scaling, washing, clipping, liling or lightening any money, or coins of foreim realms, made current by any Act of this Island, or law, or sta- tute of England or Great Britain, or at any time after to be current or gene- rally, by consent, taken and received as such, felony, 14 G. 3, c. 18, s. 1. Punishable with penal servitude for 4 years, 19 V. c. 29, s. 1, 21 V, c. 14, s. 3. Buying or selling Any person buying or selling or knowingly having in his possession any or having eiippings. clippings or filings of the current coin or money shall forfeit the same, and £500 (£300 sterling) one moiety to the informer, to be recovered by ac- tion of debt, &c., with costs, and be branded on the right cheek, K., and be imprisoned until the fine is paid, 14 G. 3 c. 18, s. 2. Any Justice may enter any house, room, workshop, or other place of any suspected person, and search for all tools and utensils used in coun- terfeiting such coins and all counterfeit coin, clippings, and filings of current coin or money, and, on refusal to permit a search, may with the as- sistance of constables, break open any door, box, trunk, chest, cupboard, or cabinet to search for such tools, &c., and if any are found, seize, as well the tools, &.C., as the persons in whose possession they are found, and commit them, to be dealt with according to law, 14 G. 3, c. 18, s- 3. Importing conn- Any master, supercargo, or other person, importing, or causing or pro- terfeit coin. curing to be imported, any false, base, forged, or counterfeit gold money, or coin, resembling any of the coins of foreign realms now, or to be current, or received by general consent, knowing the same to be false &c., euiltv of Felony, 14 G. 3, c. 18, s. 4. 's j Punishment as above, 19 V. c. 29, ?• 1. 21 V. c. 14, s. 3. When any piece of gold or silver coin is offered in payment, and seems base or counterfeit to the person to whom it is offered, he may carry it to any Magistrate, who, on its appearing in his judgment to be base or counterfeit, may cause it to be cut into two equal parts as nearly as may be, and delivered back to the person offering it in payment, H G. 3 c. 18, s. 9. Any person convicted of any offence below felony of uttering any coun- terfeit money, knowing it to be counterfeit, either of the Queen's coins, or of the coins of foreign realms, which are, or may be current by law or com- mon consent, may be sentenced to imprisonment, with or without hard la- bour and solitary confinement, 1 V. c. 28, s. 4. Suspected coin, Uttering counter felt coin. Collectors of Pues. Tax Collection Act, 1864, 27 V. S. 1, o. 31, e- 1. AUdutiesimposedbyanyAct, nowor to be in force, the collection of which is not provided for (arrears of taxes outstanding on the rolls of Collec- tors of Taxes, or of arrears, excepted) shall be collected by the Clerk of the Vestry, or other person appointed by the Governor, to be called "Collector of Dues," and whom he may dismiss for misconduct, or if Clerk of the Ves- try also, divest him of the office of Collector of Dues, 27 V. S. 1, c. 31 s. 2. Present holders of oflice shall continue unless removed lor misconduct 37 V.S.I, c. 31, s, 3. ' Neileot of ilBtr. For every neglect of duties not otherwise provided for, he shall forfeit Hegieot Of mty. ^Q^ exceeding £10, nor less than £5, 27 V. S. 1, c, 31, s, 4, Short Title. Appointment. Homers tinue. COLLECTORS OP DUES. Collectors who on removal from office do not forthwith deliver accounts on oath, sworn before a Justice, of the monies collected by him since the last account, and of those remaining uncollected, mentionmg the names of the per- sons by whom owing, the amount and description of property in respect of which they are due, or who do not pay over all monies, from time to time re- ceived, to the Receiver General, shall be proceeded against by the Clerk of the Peace, who, on receipt of a certificate from the Eeceiver General that the re- moved Collector of Dues has failed to comply with the requirements of this Act, shall procure a Justice's waiTaut to apprehend and bring the defaulter before two Justices, who, upon production and inspection of such certificate, and in the absence of proof to their satisfaction that the requirements of the law have been complied vrith, shall commit the offender to the common gaol, until he has given in his accounts and made payment, 27 V. S. 1, c. 31, s. 5. He may, with consent of his sureties, appoint a deputy, to perform the duties and exercise the functions of his office, and revoke any appointment, virhose name shall be publicly exhibited in his office, and for whom he and his sureties shall be responsible, 27 V. S. 1. c. 31, s. 6. Upon the death or removal of any collector, his and sureties' liabilities shall cease, except in respect of previous defaults. He shall be deemed in de- fault in any casern which within his knowledge, any tax or instalment had faUen due and might have been previously enforced upon proof thereof, 27 V. S. 1, c. 31, 8. 7. He shall give public notice of the rates of taxes, and times of payment as the Executive Committee shall direct, 27 V. S. 1, o. 31, s. fi. He shall give such information and assistance, with reference to this act, and the license and regulation duties, and other acts under which he receives taxes, as may be required f-om him, by any taxpayer, 27 V. S. 1, c. 31. s. 9. And shall notify to the Eeceiver General, the names of persons in arrear for taxes, who are recipients of public or parochial salary, or entitled to mo- ney from the Treasury, and the Eeceiver General shall retain the amount of such taxes, 27 V. S. 1, c. 31, s. 10. Before acting and within the time appointed by the Governor and Exe- cutive Committee, he shall enter into bond, with two sureties, who may limit their respective liabihties, in the sum to be approved of by the Governor &c. Form Scnedule A, except Kingston, when the part of the condition appli- cable to Stamps neednot be inserted, and the Governor &c., mayrequire new or further security, 27 V. S. 1, c. 31, s. 11. The present collector shall enter into fresh bonds, or on failure by any per- son, now or to be appointed, the Governor may mate a fresh appointment 27 V. S. 1, 0. 31, s. 12. Each surety shall subscribe a declaration before a Justice, that he is worth the sum for which he has consented to be surety, over and above his debts and liabilities, to be endorsed on the bond, 27 V. G. 1, c. 31, s. 13. Every bond shall, within the time for giving security, be delivered to the Receiver General, to be recorded at the public expense, and shall be subjected to Stamp Duty. 'The production of the bond, probate and declaration or the re- cord or an attested copy, shall be prima facie evidence of execution, 27 V, S. 1, c. 31, s. 14. The Island Secretary shall keep a separate book, for recording bonds of the Crown, also an index, 27 V. S. 1, c. 31, s. 15. In any action upon any security bond, it shall suffice for assignment or suggestion of breaches, to deliver particulars of breaches. Form B, or to that eMot, with alterations or additions, as the case requires. And the Jury shall assess the damages, and interest shall be recoveied thereon, from the first day of the Court, at £10 per cent, per annum. Upon any further breach, the same shall be assigned, and further damages assessed, and interest at that rate recovered, 27 V. S. 1, c. 31 s. 16. ^ . . ,, , v, .,, r^i i f*i. Upon the filing of any declaration , and entry m a book by the Uerk oi the Court, the lands, of which the Collector and his sureties are or may afterwards be seized or entitled to, for any interest, or may have any disposing power, shall be charged with and bound by the bond, and all damages thereafter to be as- sessed, as if a Judgment had been entered up and registered 27 V. S. 1. c. 31.S. 17. , ,, On affidavit that a Collector has neglected to pay, or account for, any mo- ney received by him, a Judge may issue an attachment to the Provost Marshal, or his Deputy, to arrest the person, and seize and secure the goods, chattels, and personal property of the Collector, wherever discovered and to be found, In case Ms acconnta are not duly delivered, of the jaonias detained by bua 87 K n f ovcsement of accounts and pay mcDton romOTal. Deputy. iKotice of rated. Information to taxpayers To notify taxes in arrear, to Receiver General, by recipi- ents of public mo- nies Security Bontts to be re- corded Evidence Suggeations of breaches £10 per cent in- terest Lands bound fVom filing declaration Attachments against Collectors 88 COLLECTORS OF DUES. , ave not paid to the Receiver General, within 14 days after seizm-e, or if the sale be not stayed, by order of a Judge, to sell and dispose of the same, or suffi- cient to pay the sum due and unaccounted for, and costs, and restore the overplusif any, to the CoUeotor or person entitled, 27 V. S. l,c. 31, s. 18. The Collector may apply to a Judge, upon affidavit, to be admitted to tiontaU "™™" bail, or to stay the execution or sale, to enable himto make application to the Supreme Coui?t, to discharge the same, who may make order accordingly 5J7.V.S.l,c.31, s. 19. „ , Upon full performance of the conditions of the bond of any coUectpr, and Delivery up o£ upon his disohai'ge, in wriCing, by the Executive Committee, the bond shall •"""l be delivered up, and satisfection entered, at the public expense, on the record of the Bond, and of any Judgment thereon, 27 V. S. 1, c. 31, s. 20. No action shall be brought^ noi shall any Collector be accountable for any ivSffi&o^^ "" loBS, deterioration or injury to goods or property levied or distrained on, ex- ceptfor wilful negligence, ill usage, brihjuiy, 27 V. S. 1, c. 31, s. 32. Persons maldiig Nor shall the person making the distress 'by reason of' any irregularity, distress ooi tees- be deemed a trespasser ab initio, 27 V. S. 1, c' 31, s. 33. ''^^^Srit '"' ^ '^^^ CoUectol: may proceed forthe recovery of taxes, or arrears 2d moiety, '°KcSt6is ' penalty or costs, notwithstandihg the property is in receivership or the ^ijy an officer of the Court, 'without application to the Coiii-t of Cnaacery, 27 V. S. 1, c. 31, B. 34. Indigent persons Where any persbn in possessiori of a house, whether as oWner or other- wise, is poor andmdigent, andunable to pay the tax, ormore than a portion, the Collector may refrain from enforcing payment until he has transinitted to the Executive Committee,' a statement of tne catse, name of the party, amouiit due, description of the house, and any evidence he has of the poverty of the personi'or'hisinability to pay the whole tax, 27 V. S. 1, c^31. s:'35. . . And may examine on oath the person liable, and any other person vriUing Bxaminations , ^^ -^ information respectiiog his circumstances, and take down the statements to be forwarded, with his recommendation, for the decision of the Executive Committee, 27 V. S. 1, c. 31, s. 36. Kelief The Executive Committee may institute further en<;[uiries, and when sa- tisfied that the person is poor and unable to pay the taxes or the whole, may direct the Collector not to levy for the taxes or the whole, and the tax shall not be a charge on the house, nor shall any' subsequent occupier be liable for the unpaid taxes, 27 V., S. 1, c. 31, s. 37. Eenlevin ' Before a writ of replevin issues for goods distrained on for taxes, the Secrarity, &o daimaht shall file an affidavit, shewing how they are not Ukble, and the grounds on which the adverse claim is grounded, and procure a Judge's Order for its issue, an attested copy whereof Miall be served with the copv declara- tion, ^nd the ProvoSt Marshal, or his Deputy, before execution, shall rfequire the joint and several bohd of the plaintiff, and two sureties to be approved of by the Provost Marshal or his deputy, and the Collector, in a penalty to the Collector sufficient to cover the value of the goods, and ii50 for probable costs conditioned for payment of the sura distrained for, and of the costs of distress and detence, or for a return of the goods and payment of the defendants' costs in case of judgment against plaintiif, or of non-suit or discontinuance, and unless the sittested copy order is gent with the copy declaration, or bend be delivered, the Provost Marshal or his deputy shall abstain from executilig the writ, 27 V., S. 1, c. 31, s. 38. ■N * t -h i \ ■*■" ^"^"^ "^ replevin shall not abate by death of defendant, but shall defeiidan?8 death '""^ Continued by suggestion and substitution of the person on whom his rights Limit for trial d®'*°'^^- ^^ ^''^'' ^^ "'^"^ ^^ latest within two courts' after issue joined, unleBS the Stipreme Court or Judge of the District Circuit retain the same for sufii- cient cause on oath, or it is continued at the defendants instance, and unless so tried it shall be peremptorily discontinued without order, and if the amount distrained for, and cost of suits be 'not paid, or the goods returned and costs paid, upon demand, the Collector may enforce the penalty of the bond against Ihe party and his sureties without prejudice to his other remedies forcostsl 27 V-.'S.l.c; 31,8.39. ■ ' Pleadings to ao- ' ^o actions against Collectors or others for any distresses, or other acts in tions tor distres- the execution of his duty, the defendant may, with the plea of not guilty, sea. ,&c, , , . make avowry of, or justify the taking or other act charged andallege gene- " ' rally that it was malde or done by virtue ofthisor any other act in that be^ hWf , vHthdut setting forth any other matter or circumstance constitutiA^ such justification,' and the plaintiff may reply " de injuria", and on the trial the 'vyhble mattorreliedaponby both parties may be given in evidence-^ i27 V, S. 1, c,31,a.40. OOLLBOTOaS OF BVM, 89 Inanyaotlou to recover tbe viilue of a dlstraBu sold, no move duuittgen i)um«BM than the net proceeds of f ale »fti.'r |iaymonli of all expenses shall be recovera- ble, unless Jie plaiiillif pi-ove tliat by fraudor want of oare the distreBS has been sold at an under value, or that before the sale he had given written notice to the Collector, or person distraining, of his intention to leplevy within a time to be mentioned, not exceeding 14 days from the taking, and had re. quired the sale to be iielayed to enable him to replevy, and tendered a reasona- ble sum to cover the additional expenses occasioned thereby, and the sale was, notwithstanding, proceeded with before the expiration of the time — 27 v., S. 1, c. 31. s, 41. Actions shall be brought within six calendar months after the accruing of Aciiom the cause of action, and shall be defended at the expense of the public, unless the Judge or Coui-t certify the costs of defence ought to be borne by the de- fendant personally , 27 v., S. 1, c. 31, s. 42. Persons neglecting or refusing to perform duties, or guilty of any offence penalties not provided against, shall be liable to a penalty not exceeding £5 — 27 v., S. 1, c. 31, B. 43. Penalties shall be summarily recoverable before two Justices, and in de- nooovery fault of payment the offenders may be committed until paid, and when paid shall be transmitted to the Keceiver-General, to the credit of the revenue, 27 V., S. l,c.31,s. 44. The Justices may award the informer not more than a moiety of the pe- informof nalty, 27V.,S.l,c.31,s.45. The provisions of this Act shall apply to the collection and enforcement of Extomion all taxes, duties and penalties raised or imposed by any other Act not spe- cifically providing for their collection, 27 V. , S. 1 , c. 31 , s. 46. In force until 31st July, 1870, 27 V., S. 1, c. 31, s. 47. Duration Collectors shall be allowed to retain £6 percent commissions from all Kemunoration duties and moneys received by them, 28 V., c. 28, s. 30. And £40 per annum salary on the Governor's Warrant in addition, salary 28 v.. c. 28, s. 34. They shall not intei'fere in the election of any member of Assembly, or Eiectiom procure any vote to be recorded for any person at any such election, or influ- ence any person to register as a voter in any parish. Penalty £.')0 for the first offence, and £200 for any future offence, to be recovered in a summary man- ner, under any Act of this island, 2 J V. , c. 28, s. 50. Nor be eligible to be nominated for, or elected to a seat in the Assembly, Not to t>o of Ab- 25 V. c. 28. "="">'J-- SCHEDULE.— 27 V. S. 1, u. 31. Jamaica, ss. Know all men by these presents, that we of the parish of in the county of and island aforesaid and are jointly and severally held, and firmly bound unto our sovereign lady the Queen, iier heire and successors, in the sum of lawful money of Jamaica, to be paid to our said soyereigii lady the Queen, her heii-s and successors, for the use of the government of this island, for which payment, to be weU and truly paid [made] , we bind ourselves, and each ofus, and any four, three, or two of us, and the heirs, executors, and ad- ministrators ofus, and of each of us, and of any four, three, or two of us jointly, severally, and respectively, firmly by these presents. Sealed with our seals. Dated this day of one thousand eight hundred and sixty- Whereas the above named • having been ap- pointed the collector of dues and stamp dnties for the parish of has been required to enter ijito the security prescribed by law for the fstithful discharge of such duties. Now the condition of the above bond is such, that if the above named while and so long as he shall continue and be the collector of dues and stamp duties for the said parish of M Security bonds, 90 COI/LECTOKS OF DUES. andatsush respective timee, and in such manner as are reepectively pre- scribed by any act or acts, now or hereafter to be in force, Bhall collect, and duly account for, and pay over to the receiver-general all and every the taxes, duties, charges, impositions, and monies wnioh shall be payable to, or receivable by him as such collector of dues and stamp duties as aforesaid, from any person or persons whomsoever; and, in case of neglect or omis- sion of any person or persons to give in a true and correct account of all real and personal property possessed by him or them, liable to any such tax, duty, charge, or imposition, or in case of non-payment by any person or persons of pny such tax, duty, charge, or imposition "to wliich he or they may be liable, shall duly enforce the powers of such act or acts against those who shall make default ; and if the said do and shall dulv account for all stamps, and stamped paper, and printed foims, which shall from lime to time be delivered to bim by the receiver-general, in pursu- ance of the " Stamp Duty Act, 1862," and shall from time to time be sold, or remain on hand respectively, and also account for, and pay overall mo- nies received by liim for, or on account of the sale of such stamps, and of such )apei'. and printed forms respectively, as fixed by the " Stamp Duty Act, 8t)2," or the schedule thereto, and if he shall render such account to the receiver general, as that officer shall direct, and shall pay over the monies so received by liim at the periods fixed for the payment of othermonies received by him as collector of dues, then this obligation shall be void, otherwise the same shall remain in full force and virtue: Provided, That the liability of the siaid as one of the euretieii of the said shall not exceed pouiH;-, nor shall the liability of the said as auother of such sureties, exceed the sum of pounds, northat of the said theotherof such suieties. exceed the sum of pounds, exclusive of interest, costs, and charges respectively at- taching to each. —(seal.) (seal.) Yi -(seal.) Sealed and delivered in the presence of Memorandum this day of annoque domini one thonsandeight hnndred and sixty- personally appeared before me, the subscribing witness to the execution of the foregoing bond who being duly sworn, made oath that he was present, and did see the therein named severally and respectively duly sign, seal, and deliver the same bond, for the purposes therein mentioned. Justice of the Peace for the parish of n. In tlie Supreme Court — To wit. P a i" t i culftra uf -, , . . -,, bronche.. s, 16. KeglUa VS. A. 13. The following are the breaches of the condition of the bond or writing, obligatory in the declaration in this cause mentioned, on account of which the several sums understated are sought to he recovered in this action ^ that is to say : For not duly accounting to the receiver-general for the following sums collected and received by the said . as collector of dues, (and of stamps) of the pai'ish of yiz : (Insert particulars.) For not duly paying over to the receiver-general the following sums col- lected and received by the said as collector of dues (and of stamps) of the parish of viz : (Insert particulars.) For not collecting and gettmg in the foljowing sums payable to or receiv- able by him, ascollectorof dues (and of stamps), from divers persons within the palish of ' viz : (Insert particulal'S. COMBINATIONS. ' 91 For not enforcing the powers of the acts of the legislature against divers persons who made default m the returns of property possessed by them, liable to taxes under the {xrovisions of the acts in that behalf, amounting, in the whole, to the sum of ' ou the day of last past, viz : (Insert particulars.) For not enforcing the powers of the acts aforesaid against divers persons who made default by non-payment of divers taxes and monies which they were liable to pay, amounting, in the whole, to the sum of on the day of last past, viz : {Insert particulars.) For not accounting for divers sums of other monies come to the liands of the said as collector ofduesof the said parish of and amounting, in the whole, to the sum of on the day of last past, viz : • (Insert particulars.) For not paying over to the receiver-general divers sums of ■ other monies come, &c., (in the last ilem.) For not (here state any other breach, and add as many other breaches as may have been committed.) Dated this day of Combinations. If any person, by violence to the person or property, or by threats or nugai comiiind- intimidation, or by molesting, or in any way obstructing another, force or en- ti»n.i deavor to force, any other person, hired or employed in the agricultuie or in any manufacture trade or business, or in domestic service, or as a boatman, or porter, or in any other occupation in which they have been u^ually em- ployed, to depart from his hirmg, employment or work, or to return his work before it is finished, or prevent, or endeavor to prevent, any snch person, not being hired or employed, from hiring himself to, or accepting work from any pereon, or use or employ violence to the person or property of iinother, or thieats or intimidation, or molest or in any way obstruct another, to force or induce such person to belong to any club or association, or contribute to any common fund, or to pay any line or penalty on account of his not having complied, or of his refusmg to comply with any rules, orders, resolutions or regulations made to obtain an advance, or to reduce the rate of wages, or al- ter or lessen the hours of working, or decre^ise or alter the quantity of work, or to regulate the mode of carrying on any manufacture, trade, or business, plantation or property, or its management, or if any person by violence, to the person or property, or by threats or intimidation, or hy molesting, orin any wav obstructing another, force or endeavor &c. any such person to make any al- teraii n in his mode of regulatin.sc, managing, conducting or carrying on such nianutacture, trade oi- business, plantation or property , or to limit ihe number or di'sciiption of his workmen, journeymen orservanls, or the number or !iij|.ren- tices of any manufacturer ortiadesman, every person so oifeuding oi aifjiii>;, abetting or assiorim,' therein, shifll, on conviction before two Justices, be iu;- prisoned only, or to kept to hard labor and solitary confinement for not ex- comp!«in'» with ceeding three months ; but no ofience shall be tried, or punishable unless com- i" 3 months plained of within three calendar months, 3 V. c. 30, s. 1. This act shall not subject to any punishment, persons who meet together Lejai meetings to consult upon and determine the rate of wages they will demand for their » n d agreemonis, work, or the hours or time they will work, or who enter into any agreement, ^orkmon io. vetbal or wiitteu, among themselves, to fix the rates or prices they shall de- mand, or the hours or times they will work. Persons 60 meeting or enter- ing into any such agreement, sh^notbe liable to any prosecution or penalty, 3V. C.30, 8.2. Nor any persons who meet to consult upon and determino the rates of Enpioyem wages or prices they will pay to their journeymen, workmen or servants, for their work, or the hours or times of working, or who enter into any agree- ment, verbal or Written, among themselves, for fixing the rates of wages or prices they shall pay to their journeymen &c., and who are also exempted from prosecution or penalty, 3 V. c. 30, s. 3. 92 Evidence fenders Conviction . peal, COMMISSIONERS TO TAKE AFFIDAVIT. Offenders may equally with others be compelled to give evidence for the prosecution against any other persons, and hftvmg given their testimony, shall Be indemnified from any prosecution for having' oiiended in the manner wherein or relative to which they give testimony, 3 V. c. 30, s. 4. Justices may summon and enforce attendance of witnesses, 3 V. u. 30, s. 5. Convictions shall be transmitted to the next (Circqit Cowt) Appeal, 3 V. r, 30, s. 6, O f Attornies, Trustees &c. j On receiving and remitting monies Commissions of Attornies, &c. Of Attorniesor Agents of Absentees, Trustees, Guardians, Executors and Administrators, arising from their receipts, payments, transactions, manage- ment and disposals of the reuis, proiits, produce, and increase of the Estates and interests for which they are concerned, £6, per cent, iucluding factorage commission for supplies made in the island for real estate, 24 G. 2, c. 19, s. 8. Commission on receiving and remitting monies lent, or remaining at in- terest in the island, and the interest, £5 per cent, viz. £2 10s for receiving, and £2 10s for remittinff, 24 G. 2, c. 19, s. 8. Penalty for demanding or receiving more, £100 (£60 sterling) recovera- ble by action of debt, half to the informer, 24 G. 2, c. 19, s. 8. Not to extend lo commissions for the sale of commodities sent to this Is- land from Great Britain or else^Vhere, 24 G. 2, c. 19, s, 8. Commissions de bene esse How oiiteinabie, In any action on its being shewn to a Judge upon oath or affirmation that on*fh'e''tri«T°'''''''° a material wituessis siok, or_ about to depart from this island, or, from any other circumstance, a party is in danger of losing his testimony, the Judge shall issue a commission to take the examination de bene esse, under his hand and seal, without other signature, to be tested the day it issues, directed to such person or persons'as he deems proper, and if more than one commis- sioner, the power shall be, ioint, andsevei'al; and if upon the trial it is shewn in evidence, or on affidavit, or affirmation by a Quaker, that a witness so ex- amined is dead, off the island, or otherwise unable to attend to testify in court the examination under the commission shall be read in evidence, provided reasonable notice has been given of the taking of such examination — 38 G. 3, c. 23, B. 4, The costs of the application for a commission de bene esse, and-of the '''"*' proceedings thereon , shall be costs in the cause, unless otherwise directed, 8 v., c. 28, 8. 23. Commissions Foreigrn. The costs of applications for, and of the proceedings thereupon shall be costs in the cause, unless otherwise directed, 8 V., c. 28, s, 23. False 'testimony Commissioners to take Affidavits. The Chief and other Justices of the Supreme Court, or any two of them, the Chief Justice being one, may by commission, under the seal of the courtl empower persons in 1-he several parishes and districts to take affidavits in, or concerning any cause, matter, or thing depending, or any wise concerning any of the proceedings of the court, as the Judges used to do, which affida- vits shall be filed in the oflicB of the court, and then read and made use of in the court as affidavits taken in court, and shall be of the same force. Persons forswearing themselves in such affidavits shall be liable to the same penalties as if made and taken in open court. Fee for taking affidavit. Is. 3d. (9d ster- ling), 14 G.,3. 0. 3. Noi afl-octed by a Such affidavits shall be taken, received, and read, notwithstanding any Jf ci.i«f""°'°'""'"' ".^'^ appointment of a Chief Justice after the date of the commisSon-- Keeistrntion. Commissions shall be registered by the Clerk of the Crown viz the name and addition of the Commissioner, and the date of the commission shall be inserted in a list to be by him kept for the purpose, which he is to have al- ways ready in court, to produce when required, 42 G. 3, c. 26, s 2 COMMISSIOKS SPECIAL FOR TRIAL OF OFFENCES. 93 No affidavit shall be received or read unless the commission has been re- No offlaarit to be elstared, and the Clerk of the Crown, once in every year, at least, shall cause ^""'^ unless op- the list of Commissioners to be published [in " The Jamaica Gazette, by Au- Ka"""' "*" thority," 8 v., c. 46] for one month, 42 G. 3, c. 26, s. 3. Us,, ,„ bo pub- Commissioners durmg their appointment shall be amenable to the Su- ^^''"^ ""nuaiiy preme Court for their conduct, 42 G. 3, c. 26, s, 4. Persons forswearing themselves in any affidavit before a Commissioner rorjury shall be guilty of perjury, 42 G. 3, c, 26, s. 5, Affidavits before them may be used in Circuit Courts, 19 V., c, 10, s. 45. Afflanfits m«y •^ ' ' ' be used In Circuit Courts Commissions Special for Trial of Offences. For trial of treasons, conspiracies, or administering unlawful oaths, may For trials of tren- beissuedbjr the Governor to the Chief Justice, Judge of the Court of Vice- sons, conspiracies, Adniiralty, if a barrister of 5 years standing at the bar of this island, and the uniowfni oaths Judges of the Supreme Com't, authorising any three or more of them, of whom the Chief Justice or Judge of the Vice Admiraltv Court shall be one, to try such offences by a Jury to be returned before theiu by the Provost Marshal, in whatever county committed, and the Provost Marshal, having notice of such commission, shall forthwith warn and return the like number of Jurors as he is by law required to return for the Grand or Assize Courts, 4 G- 4 c. 13, 6. 6. The Governor may issue under the broad seal. Special Commssions of For triols of of- Oyer and terminer, as often as he deems expedient, to the Chief Justice, or, in fonces generally, his absence, the Senior Assistant Judge of the Supreme Court, and such when and to other persons as he may iippoint, three to form a quorum, of whom the Chief ^'>°™"' be issued. Justice, or Senior Assistaiit Judge, shall be onej 5 W. 4 c. 18, s. 1. The Justices and Commissioners shall enquire by the oaths of good and . lawful men of the county into which the Commission issues, of all crimes Theitpowers and offences mentioned in such commissions committed in such county, and shall hear and determine the same, and cause to be done therein what to Justice appertains, according to the laws and customs of this island, 5 W, 4 c. 18, s. 2. The Provost Marshal, on notice from the Chief Justice or Senior Assis- tant Judge that a Special Commission has been issued, shall cause a panel to strike' and'snm' of 60 Jurors to be struck from the last Jury list returned of persons qualified mon Jnry. to serve in the county, and summon or cause, &c., the Jurors so struck to attend on the day and at the place where the Special Commission is to be opened and held. Penalty for each neglect £500 {£300 sterling) to be enforced by attachment out of the Supreme Court on application of the Attorney General, 5 W. 4 c. 18, s. 3. Each Juror shall be summoned 10 clear days, at least before opening the Commission— Penalty for neglecting to attend, £20, (£12 sterling) to be re- ,nce"' °" '"""' covered by attachment from the Supreme Court, on application of the Attor- ney General, 5 W. 4 c. 18, s. 4. The Provost Marshal and Clerk of the Crown by themselves or deputies shall attend from day to day during the sitting of the Court. Penalty, £500, ^/'>7°'i Marshal (£300 sterling) recoverable as above, 5. W. I c, 18, s. 5. "* °''"'' ''°"' The SupremeCourt may withhold the issuing of an attachment for any withholding a t- penalty, 5 W. 4 c. 18, s. 6. taohment. The Commission shall not expire by reason of the death or removal of Con tinuance of the Governor by whom it is issued, but shall continue in force for 6 months commission, after, unless revoked by his successor, 5 W. 4 c. 18, s. 7. No stamps necessary to any commission or other proceedings under this Nostamns Act, 5 W. 4 c. 18, e. 8. Whenever any popular tumults, riots, or breaches of the peace arise, ren- in cases of popu dering it advisable for the ends of Justice to have such offences adjudicated l,"''br™h"8' of 'the on by a Jury constituted otherwise than provided in ordinary cases, and the peace"" Governor, with the advice of his Privy Council, deems it expedient, he may issue a special commission of oyer and terminer, and gaol delivery, to be hel'd at such place, and for theatrial of such offences as in such oommiesion shall be expressly directed, 23, V., c, 15, s, 1. Such commission shall be directed to the Judges of the Supreme Court, Wwoiiob and held before one of them. In case of the inability of any Judge by whom the commission is opened, to discharge the^duties, any other Judge named therein shall proceed to the final execution, 23 V. c,, 15, s, 2. 94 COMPANIES INCOBPOaATED. Jurisdiction The jurisdiction of the Special Commission shall extend over the whole island, and not be limited to the locality in which its sessions may be held, S3V.,c. 15,8.3. juiors The Governor, with the advice of the Privv Council shall determine from what parishes the jurors shall be drawn, and thereupon, under the fiat of the Attorney-General, a writ of venire facias shall issue from the Su- preme Court to the Provost Marshal, commanding him to summon from the special arid common jury panels, in equal proportions of each list, such num- ber of jurors from ea«h of the paiishes to be named in the writ, as may be directed, so that the aggregate number shall not exceed 60 in the whole, and the Provost Marshal shall ballot for, and draw the number of names from the list directed, and the aggregate of the names thus struck shall form the jurors, to be returned on the panel, 23 V., c. 15, s. 4. Autliority TheCourt thus formed shall have, and exercise all the powers and au- thorities of the ordinary Court of Assize, Oyer and Terminer and Gaol De- livery, and the jurors to be warned shall be liable to fine and imprisonment, in the discretion of the court, for absence without cause, or for any other contempt or impropriety of conduct during the sitting of the Court— 23 v., c 15, s. 5. Companies Incorporated. Incoporation Any seven or more persons, associated for any lawful purpose, may, by how effected Bubscribing their names to a memorandum of association, and otherwise com- plying with the requisitions of this Act in respect of registration, form an In- corporated Company, with or without limited liability, 27 V., S. 2. c. 4, s. 1. Limited liabi- ^^^ liability of members may, according to the memorandum of asso- lity ciation, be limited either to the amount, if any, unpaid upon the shares respectively held by them, or to such amount as the membei s may respective- ly undertaKe by tha memiirandum to contribute to the assets in the event of its being wound up, 27 V., S. 2, c. 4, s. 2. Limitation by Whpre a Company is formed on the principle of having the liability of shares. Requi- its members limited to the amount unpaid on their shares (a company limited dam "' ™^"''°'''™' by shaies) the memorandum shall contain : 1 The name of the Company, with the addition of the word "limited", a^ the last word in the name. 2 The part of the island in which the office is to be situate, 3. The olyects for wliich it is to be establislied. 4. A declaraiion that the liability of the members is limited. 5. The amount of capital with which the Company proposes to be registered divided into shares of a certain fixed amount, Subject to the following regulations i — 1 . That no subscriber take less than one share. 2. That each subscriber write opposite to his name tlie number of shares he takes, 27 V., S. 2, c. 4, s. 3. Limit tl b When a Company is formed on the principle of having the liability of giWrmtee?" Ke "^ members limited to the amount they undertake respectively to contribnte quisles of memo- to the assets, in the event of its being wound up, (a Company limited by randum guarantee) the memorandum shall contain : 1 . The name of the proposed Company, with the word ' ' limited' ' as the la^t- 2. The part of tlie island in which the office ia to he situate. 3. The objects for which it is to be established. 4. A declaration that each member undertakes to, contribute to the assets of the Company, in the event of ils being wound up while he is a mem- bei, or within one year afterwa.-ds, for payment of the debts and liabi- lities coiitracied before the time at which he ceases to be a memlief, and of the costs, cliarijes, and expensi-s of winding up the Company, and for the adjustment of tlie rights of the contributories amougst themselves, such amount as may be renuii'ed, not exceeding a specified amomit, 27y.,S.2,o.4, s. 4. Unlimited com. Whem formed on the principle of having no limit placed on the liability panles memoran- of its ipemlbeis (an unlimited Company) the memorandum shall contain : — ^"™ 1. The name of the proposed Company. 9. The part of tlie island.in which the office is to be situate. 3. The pbjectsfor which it is to be established, 27 V., S. 2, c. 4, s. 5, COM^AKIBS INCORFOUATED, 95 The memoraudum shall be signed by each subscriber, in the presence of, Signature and and be attested by one witness at least. It shall bind the Company and mem- effect of memo- bers to the same extent as if each had subscribed his name, and affixed his ™°d'™ seal, and there were in the memorandum contained on the part of himself, his heirs, executors, and administrators, a covenant to observe all the condi- tions subject to the provisions of this Act, 'Xl V., S. 2, c. 4, s. 6. Any Company limited by shaies may, so lai', modify the conditions in Modifications of its memorandum, if authorized to do so by its regulations as originally memprandiim , of fmmed, or as altered by special resolution, as aftei- mentioned, as to increase tldby™ares " its capital by the Issue of new shares of such amount as it thinks expedient, or to consohdate and divide its capital into shares of larger amount than its existing shares ; but save as aforesaid, no alteration shall be made by any Company in the conditions contained in its memorandum of Association, 27 v., S. 2, c. 4, s. 7. The memoraudum may in the case of a company limited by shares, aud Articles of aa- shalliuthe case of a company limited liy Guaiantee, orunlimiitd, be accom- sociation o' ™™- pauied, when registered, by articles of association, tigued by the subsciibers to ES OTtSnUt the memorandum, and p; escribing such regulations for the company as they ed companies deem expedient, 27 V. S. 2, c. 4, s. 8. The articles of association shall be signed by each subscidber in the pre- Execution and senee of and attested by one witness at least, and shall bind the company and obligation of ar- members to the same extent as if each had subscribed his name and allixed tides of asiocia- his seal thereto, and there were contained a covenaait on the part of himself *""* his heirs, executors and administrators to conform to all the regulations therein, subject to this act. All monies payable by any member to the com- pany, in pursuance of the conditions and -regulations oif the company, or any of them, shall be deemed a debt due from the kiembei to the company, 27 V. S. 2,0.4, 3.9. The memorandum and articles if any, shall be recorded in the Island Se Memorandum cretary'8 0fflce,27V. S.2,c.4,s.l0. ™corfted • Upon recording the memorandum and articles when required, the sub- q^ recording scribers of the memorandum, together with such other persons as may from me mora ndum time to time become members of the company, shall thei-eupon be the body and articles corpora*e, by the name contained in the memorandum, capable of exercising all ^''°° required, the functions of an inooporated company, and having perpetual succession and JaS ^weten^s a common seal, with power to hold lands. A certificate given by the Island certificate ofTegia- Secretary, that all the requisitions of this act, in respjcf. to registration, tration conclu- have been complied with, shall be conclusive evidence thereof, 27 V. ^'™ evidence S. 2, c. 4, s. 11. , ■ . No company shall be recorded under a name identical with that by ^J<*°*™ companies which a subsisting company is already registered, or so nearly resembling.the der the^same^or same as to be calculated to deceive, 27 V S. 2, c, 4, s. 12. resembling names Tfaesharesorotherinterestof anymemberinacompany,shallbepersoual shares &c. pei^ estate, capable of being transferred m manner provided by the regulations sonal and traus- of the Company , and shall not be of the nature of real estate. Each share in ferable estate, the case of a company having, a capital divided into shares, shall be distin- nnmtore? gnished by its appropriate number, 27 V. S. 2, c. 4, s. 13. The Subscribers of the memorandum sball.be deemed to have agreed to Begiatered sub- become membe;s of the company whose memorandum they have subscribed, scribers to be and upon registration of the company, shall be entered on the register of mem-. *|™f*™™''ers bers after mentioned, and every other person who has agreed to become a ' "^ member and whose name is entered on the register, shall be deemed a member 27 V. S. a, c. 4, s. 14. , Anvtransfer of the share or other interest of a deceased member, made by Transfers of hia personal representative, shall, notwithstanding, he is not himself a mem- shares te. of. d - her, be of the same validity as if he had been a member at the time of the ^S representa" execution of the instrument of transfer, 27 V. S. 2, c. 4, s. 15. tive Every company shall cause to be kept in one or more books, a register of particulars of its members, and there shall be entered therein, the following particulars : — company's regis- 1. The names and addressee and occupations, if any, of the members, with the addition, in the case of a company having a capital divided into shares, of a statement of the shares held by each member, distinguish- ing each share by its number, and of the amount paid or agreed to be considered as paid on the shares of each member. 2. The date at which the name of any person was entered in the regis- ter as a member. The date at which any person ceased to be a member. ter book. 90 Feqoltiet Annual lists of members of comn panics by shares rarticulars to be recorded. Penaltiesfor de- fault Certificates un- der common seal evidence of title to shares Hegisters of members to be kept at office when and to whom accessible Closing regisii ters temporarily after advertiseif ment Increase of ca« pital or members to be recorded. Penalty Enforcing recti- fication «( regis- ter, COMPAKJSS IK0O»{>OIlATen> Any company ftotitjg in contravention of this section, shftll InouD a pe. nalty not exceeding £5, for every day during which its default in xiomplymg continues. Every director or manager, who Knowingly and wilfully autho- rizes or permits, such contravention shall incur the lite penalty, 27 V. S. 2, c. 4, 8. 16. Every company having a capital, divided into shares, shall make once at least in every year, a list of all persons who on the 14th day succeeding that on which the ordinary general meeting, or, if there is more than one ordinary meeting in each year, the first, is held, are members, and such lists shall state the names, addresses and occupations of all the members therein mentioned, and the number of shares held by each, and shall contain a summary speci- fying: 1. The amount of capital of the company, and number of shares mto which it is divided. 2 Thenumber of shares taken from the commencement of the company to the date of the summary. 3. The amount of calls made on each share. 4. The total amount of calls received. 5. The total amount of calls unpaid. 7. The names, addresses and occupations of the persons who have ceased to be members, since the last list was made, and the number of shares held by each of them. The above list and summary shall be contained in a separate part of the register and completed within 7 days after such 14th day, and a copy shall be forthwith recorded in the Island Secretary's Office, 27 V. S. 2, c. 4, s. 17. If anycompany having a capital divided into shares, make default in com- plying witli this act, with respect to recording such list of members, or sum mary, within one month, it shall incm- apenalty not exceeding j£5, for every day during which default continues. Every director and manager laiowing- ly and wfitully authorizing or permitting "such default, shall incur the like penalty, 27 V. S. 2, c. 4, s. 18. A certificate under the common seal, specifying any share or shares of stock, held by any member, shall be prima facie evidence of his title thereto, 27 V. S. 2, c. 4, s. 19. The register ol members, commencing from the date of registration of the company, shall be kept at the office, except when closed as after mentioned. It shall during business hours, but subject to such reasonable restrictions as the com- pany, in general meeting, mav impose, so that not less than two hours in each day, of one day in every week, be appointed for inspection, to be open to the inspection of any member, gratis, and to the inspection of any other person on payment of Is. or such less sum as the company may prescribe for each inspection. If such inspection is refused, the company 'shall incur for each refusal, apenaltynotexceeding£2, and a further penalty not exceeding £2, for every day during which the refusal continues. Every director and manager, knowingly authorizing or permiting such refusal, shall incur the like penalty, 27 V. S. 2, c. 4, s. 20. Any company may, upon giving notice by advertisement in some news- paper published within the island, close the register for any time or times, not exceeding in the whole 30 days, in each year, 27 V. S. 2, c. 4, s. 21. Where a company has a capital dividedinto shares, any increase beyond the registered capital, and where a company has not a capital divided into shares, any increase in the number of members beyond the registered num- ber, shalloe recorded in tlie Island Secretary's Office in the case of an in- crease of capital, within 30 days from the passing of the resolutions autlioriz- ing it, in the case of an increase of members, within 30 days from the time the increase was resolved on or took place. In default the company shall in- cur a penalty, not exceeding £5, for each day during wliioh the neglect con- tinues, and every director and manager, who knowingly and wilfully autho- rizes or permits such default, shall incur the like penalty, 27 V. S. 2, c.4,s. 22. If the name of any person is, without siifflcieut cause, entered.in or omitted from the register of members, or if default is made or unnecessary delay takes place in entering on the register the fact of any person haying ceased to be a member, the person or member aggrieved or any member of the company, or the company itself, may by motion in the Supreme Court, COMPANIES INCOEPORATED. 97 apply for an order of Coui-t, that the register may be rectified, and the Court may either refuse such application, with or without costs, or, if satisfied of the Justice of the case, make an order for the rectification of the register, and di- rect the company to pay all costs of such motion, application or petition, and any damages the party aggrieved may sustain. The Court may in any pro- ceeding under this section, decide on any question relating to the title of any gerson, party to such proceeding, to have his name entered in or omitted •om the register, whether the question arises between two or more members or alleged members, or between any members or alleged members, and the company, and generally the Court ,may in any such proceeding, decide any question necessary or expedient to decide for the rectification of the register, 27 V. S. 2, 0. 4, s. 23. When any order is made rectifying the register, the Court may, by ca.tion°to bo'rSd- its order direct the rectification to be recorded in the Island Secretary's Omce, ed. 27 V. S. 2, c. 4, s. 24. The register of members shall be prima facie evidence of any m itters i!eK!"t"v n ■- ; nm directed or authorized to be inserted therein, 27 V. S. ?, c. 4, s. 25. fni'ionvu on i-. If a company is wound up and difsolved, evei-y present, jmd past member Lirnitv d ■m shall be liable to contribute to the assets, to an atn lunf. su'lic'.ent for pny- aiLioaT'oi" °""' °' ment of the debts and liabilities a'ld coss, charge- and expeiice-, of tlie wind- ing up, and of the sums required for the I'djustinent of t,he rights of the con- tributories amotfgst themselves with the qualificitious following: 1. No past member shall be liable to contribute to tie assets, if he has cea-sed to be a member for one ye.ir, or npwards, prior to the com- mencement of the winding up. 2. Nor in respect of any debt or liability contracted after he ceased to be a member. 3. Nor unless it appears to the Court, that the existing members are unable to satisfy the contributions required to be made by them. 4. In the' case of a company limited by share?, no contribution s-h:ill be required from any member, exceed'nij the anioini, if :iny unpaid, on the shares in respect of which he is liable as a present, or past mem- ber. 5. In the case of a compnny limited by guarantee, no contrlbu' ion shall be required from any member' excaedinq; the jiuioiuit of the nnd.n-- taking entered into on his behalf by the memoranduyi of association.. 6. Act not toinv.ilida'e any prov'.sloiiinany p ilicy of ii.SiUMUce or other ^contract* wliereby the liability oi' individual ineniijer.-i, upon any euch policy or contrict is re.s'r>:e i, or wliere')v the I'iukIs of the company ;ire alone made liable in rei-pect of sueli policy or contract. 7. No fund due to an" m mber in iiis c'litmclei' of a member by way of dividends, profits or otherwise, shall be deemed to be a debt of the company, payable to such member, in a case of corapetjlion between himself and any other crediior, not a member ;4)ut any such sum may be talceu into account for the purposes of the ^nal adjustment of the rights of the contribntories amongst themselves, 27 V. S. 2, c 4,8.26. Eveiy Company shall have an office to which all communications and oaice. notices may be addressed. Any company carrying on business without such an office shall incur a penaltv not exceeding £5 for every day bubiness is so carried on, 27 V. S. 2, c. 4, s 27. Notice of the situation of the office, and of any change therein, shall be Notice o f aitua- giyen ii|teome newspaper published in this island. Until it is given the'co Ji- *•">" ""^ oiange. pany shall not be deemed to have complied with the provisions ^^'ith respect to having an office, 27 V. S. 2, c. 4. s. 28. Every limited company whether by shares or guarantee shall paint or p „ b 1 1 cation of affix, ana keep, &c., its name on the outside of every oittce or place in namo of limited which its bnsmess is carried on, in a conspicuous position, in letters easily °°h?o"''|jui" °fjf° legible, have its name engraven in legible characters on its seal, and natne toIccs.&c. ' mentioned in legible characters in all notices, advertisements, aud other official publications of such company, and in all bills of exchange, promis- sory notes, endorsements, cheques, and orders for money or goods, purport- ing to be signed by or on behalf of such company, and m all bills of parcels, nrmaes, veeeipte, and letters of credit of the company, 37 V' S. 2, c. 4, s. 29. N 98 C0MPANIH8 INOOBPOBATSP, Uaien ponoiifo. Any limited company not painflng and affixing, and keeping &c., its name in manner directed, shall be liable to a penalty not exceedmg £1., for not 80 painting or affixing its name, and for every day during -which the name is not so kcgt, painted, or affixed, and every director or manager, knowingly, and wilfully authorizing or permitting such default shall be lia- ble to the like penalty. If any director, manager, or officer, or other person on its behalf uses or authorizes the use of any seal, purporting to be a seal of the company, whereon its name is not so' engraven, or issues, or autho- rizes the issue of any notice, advertisement or other official publication of such company, or signs, or authorises to be signed on its behalf, any bill of exchange, promissory note, endorsement, cheque, order for money or goods, or issues or authorizes to be issued, any bill of parcels, invoice, receipt, or letter of credit of the company wherein its name is not mentioned in man- ner aforesaid, he shall be liable to a penalty of £50, and be further per- sonally liable to the holder of any such bill of exchange, promissory note, cheque, or order for money or goods, for the amount thereof,, unless duly paid by the company, 27 V. S. 2, c. 4, s. 30. To keep icgiBters Every limited company shall keep a register of all moi'tgages, and of morteragos, and charges, specifically affecting property of the company, and er^r therein thoi^pjoportyopm iu respect of each a short description of the property, the amouilt of charge to creditora and Created, and the name of the moi-tgagees Or persons entitled ; if any property inombeM— Penalty, jg mortgaged or charged without such entry bemg made, every director, manager, or other officer, who knowingly, and wilfully authorizes or permits the omission, shall incur a penalty not exceeding £50. The fegister sTiall be open to any creditor or member, at all reasonable times, and if inspection is refused, any officer refusing, and every director and manager, authorizing, or knowingly and wilfully permitting such refusal, shall incur a penalty not exceeding £o., and a further penalty not exceeding £2 for every day daring ■ which the refusal continues, W V. S. 2, c. 4, s. 31. Limited bankinf Every limited banking company, and every insurance compary, and de- and inAurftnce com- posit, provident or benefit society, under this Act, shall before it commences b"e"h'if'"' '° r*!'' ""S'l'^^^i ^"^ "'^so O" ^^^ ^'^^ Monday in February and August in every irtotomcnf«°of cap? Year, during which it carries on business make a statement (Schedule tni liabilities and Form A.,) Or 88 near as circumstances admit, and a copv shall be put Up in a ass etts— Penalty, conspicuous place in the office, and in every branch office or place where their business is carried on, under penalty not exceeding £5 for every day during which default continues, and every director and manager, know- ingly and wilfully authorizing, or permitting such default, shall incur the like penalty, 27 V. S. 2, c. 4. s. 32. .ha™»'""w'°keej .' Every Company not having a Capital divided into shares, shall keep at reifisters of names its office a register containing the names and addresses, and the occupations, addresses and oc- of jtg directors Or managers, 27 V. S. 2. c. 4. s. 33. cupation of direc- ° tors and managers. Any such Company making default, shall incur a penalty not exceeding rcneities. £1., for every day during which the default continues, and every director and manager, knowingly, and wilfully authorizing or permitting such default, shall incur the like penalty, 27 S. 2 c. 4, s. '34 . Notes and bills of A promissory note or bill of exchange, shall be deemed to be made, ac- •xchange. cepted or endoised on behalf of a company, if made, &c., iu its name, by any person acting under its authority, or if made, &c, by or on behalf, or on its account, by any person acting under its authority, S7 V. S. 2 c. 4, s. 35 Persons knowing- . Ifa"y company carries on business when the number of its members ly carrying on bu- is Icss than 7, for SIX months after the number has been so reduced, every ni"y'isTeM°thM°7" P®™"" '^'^° '^ " member during the time it so carries on business, after such liable for w h o lo period of 6 months, and is cognizant of the fact that it is doing so with fewer debts. than 7, shall be severally liable for the payment of the whole debts contracted during such time, and may be sued for the same, without the ioiuder of anv " other member, 27 V. S.2. c. 4, s. 36. ■" . ' General meet- A general meeting of every company shall be held once at least in every ings. year, 27 V. S. 2. c. 4, s. 37. Power to alter Subject to this Act, and the conditions in the memorandum, any com- regulations by spe- pany may, in general meeting from time to time, by passing a special resolu- ciai resolution. yon as after mentioned, alter all or any of the regulations in the articles of association, or make new regulations to the exclusion of or in addition to all or any of its regulations, and any such made by special resolution, shall be of the same validity as if originally contained in the articles, and subject iu like manner to be altered or modified by any subsequent special resolution, 27 V. S. 2. c. 4, s. 38. COMPANIES INCORPOEA.TED. 99 CopiCB of special resohitionB to 1>e rocordod.—Penalty A resolution shall be deemed special whenever a resolution has been special r e « o i u- gassed by a majority of not less than three fourths of the members for the "o" ""j"' f^'- time being entitled according to the regulations to vote, present in person, or by ucos o" s I'nVr f\ proxy (where proxies ai'e allowed by the regnlations) at any general meeting mootings. of which notice, specifying the intention to propose such resolution has been duly given, and such resolution has been confirmed by a majority of such mem- bers for the time being entitled to vote, present in person or by proxy, at a sub- sequent general meeting of which notice has been duly given, and held at an interval of not less than 14 days nor more than one month from the date ot the meeting at which such resolution was first passed ; And at any meeting in this section mentioned, unless a poll is demanded by at least 5 members, a de- claration of the chairman, that the resolution has been carried, shall be concln- sive evidence of the fact without proof of the number or proportion of the votes ; recorded in favor or against the same. Notice of any meeting shall be deemed duly given an4, the meeting duly held, when done in manner pres- j,„^ majoritj- of cribed by the regulations. In computing the majority when a poll is de-* votes to be com manded, reference shall be had to the number of votes each member is en- pito"!- titled to by%he regulations, 27 V. S. 2, c. 4, s. 39. In default of any regiUations as to voting, every member shall have one in defaait of ra- vote j in default of any regulations as to summonmg general meetings, a K"'"'"""- meeting shall beheld to be duly summoned, of which 7 days notice in writ- orai'm'oeHig^.^lDi. ing has been served on every member ; in default of any regulations as to i„ aefa„it ct r»- the persons to summon meetings, 5 members shall be competent, and in de- guiatione. fault of any regnlations as to who is to be chairman of such meeting, any person elected by the members present shall preside, 27 V. S. 2. c. 4, s. 40. A copy of any special resolution that is passed shall be recorded in the Island Secretary' s Office. If not so recorded within 30 day s from confirmation , the company to incur a penalty not exceeding £2 for every day after the expiration of the 30 d?yB, dui-ing which it is omitted to be recorded. Every director and manager knowingly and wilfully authorizing, or permitting such default shall incur the like penalty, 27 V. S. 2, c. 4, s. 41. Where articles of association have been recorded, a copy of every special •*."* nnneiea to resolution for the time being in force shall be annexed to, or embodied in ,^1,™ o°qiuonti'y i»' every copy of the articles to be issued after the passing of the resolution. Any suoa— Fcnaitr. company making default shall incm- a penalty not exceeding £1 for each copy, in respect of which default is made, and every director and manager knowingly and wilfully authorizing, or permitting such default shall incur the like penalty, 27 V. S. 2, c. 4, s. 42. Any company may by instrument in writing, under its common seal, em- Attorney! to eie- power any person, either generally or in respect of any specified matter, as ^i^to deeds, its attorney, to execute deeds on its behalf, in any place out of this island, and any deed signed by sucb attorney on behalf of tne company, and under his seal, shall bind the said company and have the same effect as if it were under their common seal, 27 V. S. 2 c. 4, s. 43. Any summons, notice, order, or document, required to be served upon service o f sum- the company, may be served by leaving it or sending it through the poet ma mons, &c. on com- prepaid letter addressed to the company at their office,j27 V. S. 2 c. 4, s. 44. v Application to be by petition. By whom pre- sented. Operation of or- der. Commencement of winding up. ' Stay of proceed- ings ugrainat com- pany. Order on petition. After Order n o proceeding to be taken withoutleavo of Court. Court may stay pro ceedings after winding up order. t'lipaid capital of share c omp anies limited by guaran- tee t o be assets— Liabilities of mem- bers. 102 COMPANIES WINDING tTP. Meetings certain their wishes Liquidators Court to regard The Court may, aB to all matters relating to the winding up, have re- wishes of creditors gard to the wishes of the creditors or contributories, as proved to it'by any and contributories. gnffleient evidence, and may, if it thinks it expedient, direct meetings of the creditors or contributories, to be summoned held, and conducted as the Court directs, for the purpose of ascertaining their wishes, and may appoint a person to act as chairman, and report the result of the meeting ; in the case of creditors, regard is to be had to the value of the debts due to each ; of contributories, to tihe number of votes conferred on each by the company's regulation, 28 V. c. 42 s. 16. For conducting the proceedings in winding up and assisting the Court, Appoint ment upon or after a petition has been filed, it may appomt a liquidator or liquida- and directions res- tors, either provisionally or otherwise. Wnenmore than one areappomted, P^^'ioB- tjie Court shall declare whether any act is to be done by all, or any one or When none pro- more, also whether any, and what security is to be given by an|i ; if no party to be in the liquidator is appointed, or during any vacancy all the property shall be custody of t h e deemed to be m the custody of the Court, 28 V. c. 42, s. 17. They may resign Any liquidator may resign, or be removed by the Court on due cause or bo remoTcd— ro- shown, and any vacancy filled by the Com't. There shall be paid to the liqui- nuniration. dator, such. Salary or remuneration by way of per centage or otherwise, as the Court directs, and if more than one are appointed to be distributed among them, in such proportions as the Court directs, 28 V. c. 42, s. 18. Description. Thev shall be described by name, and the style of the liquidator or liqui- Duties. dators of the particular company, and not by theu' individual names alone, and shall take into their custody, or under their control, all the proper^, ef- fects, and things in action to which the company is, or appears entitled, and perform such duties in reference to winding up, as the Couit imposes, 28 V. c. 42, s. 19. The liquidator, with the sanction of the Court, may Bring or defendany action, suit, or prosecution, or other legal proceeding civil or criminal, on behalf of the company, in his name and style j of office ; Carry on the business as far as necessary, for the beneficial winding up; Sell the real and personal, and moveable property, effects, and things in action by auction or private contract, with powg" to transfer the whole, or sell in parcels; Do all acts and execute in his name and style of office, on behalf of and for the company, all deeds, receipts, and other documents, and when necessary use" the company's seal ; Prove rank claim, and draw a dividend in the matter of the insolvency, or bankruptcy of any contributory, against his estate ; Take out if necessary, in his name, and style of office, letters of ad- ministration to any deceased contributory, and do any other act ne- cessary for obtaining payment of any monies due from such contri- butory or his estate ; Do all other things necessary for winding up the affairs of the company, and distributing its assets, 28 V. c. 42, s. 20. The Court may provide by any order, that the liquidator may exercise ""out i t^ ""sMc' a"y of tli^ above powers without its sanction or intervention, 28 V. c. 42, B. 21. He may, with the sanction of the Court appoint a solicitor io assist him in the performance of his duties, 28 V- c. 42, s. 22. um o. cu.....„,i As soon as may be, after making any order for winding up, the Courts tories, collection shall settle a list of contributories with power to rectify the register of meni- SJs'cts'''"'™''™ °' ''®™ when required, and to cause the assets of the company to be collected and applied in^discharge of its liabilities, 28 V. c. 42, s. 23. In settling the list, the Court shall distinguisli between contributories in their own rights, and contributories as representatives of or liable to the debts of others. Not necessary when the personal representative is on the list, to add the heirs or devisees of the contributory, but they may be added if the Court thinks necessary, 28 Y. c. 42, s. 24. Notice to be No person shall be made a contributory unless notice in writing be given given to parties to or Sent to him. Or in case of his absence to his attorney or agent in tins is- I'ctag'sc'ttTed^''""" land, ta£how cause against his being settled as a contributory on the list, at least 14 days before it is settled, '28 V. c, 42, s. 25. . Service on ab- The Court may direct how service of notices and other proceedings shall sentecs. &c \)q effected, in cases where parties are absentees and unrepresented, or can- not be found after reasonable enquiry, 28 V. c. 42, s. 26. powers. Bring actions, &c Carry on business Execute deeds &,c Prove, &c. on In- solvent estate of contributories. Administer to de ceased contributo- ries Other necessary acts The court may authorize tiOn. Solicitor List of contribu Classification o f contributories COMPAKIBS WINDXMQ UP, J.08 The coiu't may after order for winding up require any «ontributory set- Order fop trans, tied on the list, trustee, receiver, banker, or agent, or ofiBoer of the Company Sor ' of i^ to pay, deliver; convey, sun-ender, or transfer forthwith, or within such time perty to which as the court directs, to, or into the hands of the liquidator any sum or balance, company Is prima books, papei-s, estate, or assets which happen to be in his hands for the time **°'° entitled being, and to which the Company is prima^ facie entitled, 28 V., c. 42, s. 27. And may after order for winding up make an order on any contributory Contributories settled on the list, ji'i'^cting payments to be made, in manner in the order mmtpay up calls, mentioned, of any monies due from him, or from the estate of the person he "^ ' represents, to the company, exclusive of any money he, or the estate may be liable to contribute by virtue of any call made, or to be made by the court in pniaaance of this Act, audit may, in making the order when the company Setoff IS not limited, allow the contributory , by way of set off, any monies due to him, or the estate he represents, from the company on any independent dealing, op contract with the company, but not any monies due to him, or a member of the company in respect of any dividend or profit. When all the creditors of any company whether limited or unlimited are paid in full, any monies due on any account to any contributory from the company, may be allowed to him by way of set off against subsequent calls, — 28 v., c. 42, s. 28, Also after the order for winding up, and before or after it has ascer- Orders for calls tained the sufficiency of the assets, make calls, and make order for payment by contributories, settled on the list, to the extent of the liability for j)ayment of all, or any sums it deems necessary to satisfy the debts and liabilities, and the costs, chai'ges, and expenses of windinp it up, and for the adjustment of the rights of the contributories amongst themselves, and may in making a cajl take into consideration the probability that some may partly or wholly fail to pay their portions, 28 V., c. 42, s. 29. May also order any contributory, purchaser or other person from whom For payment money is due to the company, to pay the same into the Receiver-General's into the Kereiver l^ffice to the account of the liquidator, and the order may be enforced as if "e°er»l s Office Wt had directed payment to the liquidator, 28 V., c. 42, s. 30. If anyjperson, made a contributory either in hisown light or as personal Enforcement representative of a deceased contributory, makes default in paying the sum by execution ordered, execution^ay issue upon the order as upon an order in pursuance ofSV., c. 48 (See judgments, &c.) against the contributory or the assets of the deceased, and if the execution in the case of a deceased contributory is proceedings in not effectual, proceedings may, with the sanction of the court, be taken in chancery against Chancery for administering his personal and real Aate, and of compelling estate of deceased payment thereoutof the money due, 28 V.. c. 42, s. 31. contributories Any order upon a contributory shall, subject to the provisions for ap- Order evidence pealing, be conclusive evidence that the monies, if any thereby appearing to of cententa be due or ordered to be paid, are due, and all other pertinent matters stated in the or'^er, are to be taken to be truly stated as against all persons and in all proceedings, with the exception of proceedings against the real estate of any deceased contributory , in which case it shall only be prima facie evidence for charging his real estate, unless his heirs or divisees were on the list of contributories when it was made, 28 V., c. 42, s. 32. Thecourtmay fix a certain day or days on, or within which creditors piling times are to prove their debts or claims, or to be excluded from thebeneiit of any for proof of debta distribution made before such debts are proved, 28 V., c. 42, s. 33. It shall adjust the rights of the contributories amongat themselves, and Adjustment of distribute any surplus amongst the parties entitled, 28 V., c. 42, s. 34. JfJ's? ™° ""' It may in the event of flie assets being insufficient to satisfy the liabi- lities, make an order as to payment thereout of the costs and expenses of winding up in such order of priority as it thinks juei , 28 V., c. 42, s. 35. When the affairs have been completely wound up, the court shall make Order for dis- an order that the companj be dissolved from the date of such order, and it solution shall be dissolved accordmgly, 28 V., c, 42, s. 36. , , . The court may, after an order for winding up, summon before it any Power over Of- officer of the company or person known or suspected to have in his pos- |f"' -S™? session any of the estate or effects of, or supposed to be indebted to the ^op^y'Tocu- coffipany, orany person whom the court deems capable of giving information ments, te., or in- concemine the trade-dealings, estate, or effects of the company, and may re- debtedtothecom „n,V<. him t« ni-odn™ anv books. Daners, deeds, writings, or other docu- P™y, to compel quire him to produce any books, papers, deeds, writings, o ments in his custody or power relating to the company, and if . . summoned, after being tendered a reasonable sura for his expenses, refuse* to come before the coui't at the time appointed, having no lawful impedi- any person so «a«^a«o° 104 None on booki or accounts ^Examinations Arrest of contri- butoTies and seiz- ure of property Powers additional to tbose subsisting atlaw or in equity Enforcement f orders ^ Appeals from or' ders of a single Judge Rules for proceed- ings Transactions be- t w e e D the com menceraent of and order for winding up, void n n I ess otherwise ordered Booics &c, prima facie evidenoe as between contribu- toriei Inspection by creditors and con- tributories Assignees mav sue or defend in their owu names Contingent debts and claims sound- ing in damages proof of COMPANIES WINDING UP. ment (made known to the court at the time of its sitting, and allowed by it) the coart may cause him. to be apprehended and brought before it for exami- nation ; nevertheless, where any person claims any lien on papers, deeds, or writings', or documents produced by him, such production sha'.l be, without prejudice to such lien, and the court shall have jurisdiction in the winding up, to determine all questions relaMng to lien. No person shall have or claim any Hen on the books or accounts, 28 V., c. 42, s. 37. The Court may examine upon oath, either by word of mouth, or upon written interrogatories, any person appearing or brought before it, concern- ing the affaii's, dealings, estates, or eftects of the companyj and may reduce into writing his answers, and require him to subscnbe them, 28 V. c. 42, s. 38. May, before or after an order for winding up, on proof that there is pro- bable cause for believing any contributorv is about to quit the island, or othei-wise abscond, or to remove or conceal any of his goods, for the purpose of evading payment of calls, or for avoiding examination in respect of the alfairs of the company, cause him to be arrested, and his books,>papers, mo- nies, securities, for money, goods, and chattels, to be seized and him and them to be safely kept, until such time as the Court orders, 28 V. c. 42, s. 39. Any powers conferred upon the Court, shall be in additioa to and not re- strictive of any other powers subsisting at law or in equity of instituting proceedings against any contributory or the estate of a contributory or against any debtor of the company, for the recovery of any call or otlier sums due, and such proceedings niay be instituted accordingly, 28 V. c. 42, s. 40. All orders may be enforced in the same manner as those in the Su- preme Court or Court of Chancery in any^ proceeding or suit before them,- and for the purposes of this act, the Court 'shall, in addition to the ordinary powers of the Supreme Court, have the S'lme powers for enforcing any orders made by it as the Court of Chancery in relation to .matters within its », jurisdiction, 28 V., c. 42, s. 41. Appeals from any order or decision made before a single Judge mav be made to the Supreme Court sitting in banco in the same manner and subject to the s-ame rules and conditions as are required in cases of new ti'ials in mat- ters within the ordinary jurisdici ion of the Supreme Court, 28 V. c. 42, s. 42. The Supreme Court may, as often iis circumstances require, make such rules concerning the mod#bf proceeding to be had for winding up a company as may seem necessary, but until made, the Court or Jud^e may, by the order on the pe;i.ion or upon summary applicalion afterwaids, give such directions, not inconsis'.eut with this act, tor carrying out the provisions thereof, in res- pect of the particular company, being or beinif sought to be wound up, 28 V. c. 42, s. 43. .- o o = f, Whenever a company is being wound up, nil dispositions of thp property effects and things in action of the company, and every transfer of shares or alteration of the sta'us of the members, made between the commencement of the winding up, and the order for winding up, shall, unless otherwise or- dered, be void, iS V. c. 42, s. 44. When being wound up, all the books, accounts and documents of the company, and of the liquidator, shall, as between the contribiuories, be prima facie evidence, of the'truth of all matters purporting to be therein recorded, 28 V. 0. 42, s. 45. After order for winding up, the Court may make such order for the in- spection by the creditors andT contributories of the books and papers, as it thinks just, and any books and papers in possession of the company, may be inspected by creditors or contributories in conformity with the orUer, but not further or otherwise, 28 V. c. 42, s. 46. Any person to whom any thing in action of the company is assigned in pursuance of this act, may bring or defend any action or suit, relating there- to, in his own name, 28 V. c. 42, s. 47. ' e estimate being made so far as is possible of the value of such as ai-e sub- ject to any contingency or sound only in damages, or for some other reason do not b«ar a certain value), 38 Vi e, 48, g. 4ft COMPANIES WINDING UP, [05 The liquidator may, with the sanction of the Court, pay auy classes of Payments in full creditors in full, or maJje such compromise or other arrangement, as he deems — CoraBromises expedient with creditorB or persons claiming- to he so, or liaviiig or nlleginj"- '"s"'^" "'''**' lliemselves to have any claims, present or future, certain or contingoni , ascer- tained or sounding only in damag-es aaainst the coinpauv , or whereh v it may he rendered liable, 28 V. c. 42, s. 49. Oi-with such sanction may compromise all calls and liabilities to call, ComijromiSBswith debts, and liabilities capable of resulting in debts, and all claims, whe- oontributories & ther present or future, certain or contmgent, ascertained or sounding °^^^^ only in damages, subsisting of supposed to subsist between the compa- ny and any contributory or alleged contributory, or other debtor or person apprehending^ liaoility to tlie company, and all questions in any way relating to or atfecting the assets, or the'windiug up upon the receipt of such sums, payable at such times and generally upon such terms as may be agreed upon, with power for the liquidator to talce any security for their discharge, and to give complete discharges in respect of all or any such calls, debts or Uabilities, 28 V. c. 42, s. 50. When being wound up, any attachment, sequestration, distress, or execu- After com- tion put in force against the estate or effects of the company, after tlie com- ^aaiw ",„' a't' mencement of the AA'inding up. shall be void, 28 V. c. 42, s" 51. taohmont, tevoici Any such conveyance, mortgage, delivery of goods, payment, execution Undue prefer- or other act relating to property as would, if made or done by or against ences an individual, be deemed in the event of his insolvency to have been made or done by way of undue or fraudulent preference of his creditors, shall if made, or done by, or against any company, be deemed, in the event of its being wound up, to have been made or done by way of un- due or fraudulent preference of its creditors, and invalid. — For the pur- Presentation of poses of this Act the presentation of a petition for winding up shall be petition etiuivo- .. deemed to correspond with the act of insolvency in the ease of an indivi- ''^?' '° *"' "^ in- dual 28 V., c. 42, s. 52. '"''"^y When in the course of winding up, it appears that any past or present rawer of court dh'ector, manager, or officer, or liquidator has misapplied, or retained in his to order re-pay- own hands, or become liable or accountable for any monies of the company , i^appUed°&c''*^ or been guilty of any misfeasance or breach of trust in relation to the com- ' ' paiiy, the court may on application of any hquidator, creditor, or contribu- tory, notwithstanding the offence is one for which the offender is criminally responsible, examine into his conduct and compel hiin to re-pay any such monies with interest after such rate as tbe court thinks just, or to contri- bute such sum to the asset s by way of compensation in respect of such mis- application, retainer, misfeasance, or breach of trust, sa it thinks just — 28 v., c. 42, 8. 53. If any director, officer, or contributory of any company wound up, Fraudulent, destroys, mutilates, alters, or falsifies any books, papers, writing, or seen- boolS"&c°"o d°' riLies, or makes, oris privy to the making of any false or fraudulent entry in cuments, f a'"ls°e any register book of account, or other document belonging to the company, entries with intent to defraud or deceive any person , the offender shall be guilty of a misdemeanor, and on conviction be liable to imprisonment not exceeding Misdemeanor two years, with or without hard labour, 28 V-, c. 42, s. 54. When any order is made for winding up, if it appeal' in the course of such . Prosecutions at winding up that any past or ]5resent, director, manager, officer, or member JJje expence of has been guilty of any offence in relation to the company, for which he is "^ assets criminally responsible, the court may, on application of any person inter- ested in such winding up, or of its own motion direct the liquidator to in- stitute and conduct prosecutions, and order the costs and- expence s to be paid out of tlie assets, 28 V., c. 42, s. 55. Wilfully and corruptly giving false evidence upon any examination upon peijury oath, or in any affidavit^ deposition, or solemn affinnation in, or about the winding- up of any company or otherwise in any matter arising under this Act, punishable as perjury,' 28 V., c. 42, s. 5C. The Act shall apply to all companies incorporated under any Act cf this Application of island, all partnerships as bankers under Act authorized to sue by their Act public officer or otherwise, all raining and cost hook companies established under any Act, and all other companies limited or otherwise ay hich derive then- powers under any Act, whether such eoroorations, partnerships, or eompanies have been or shall be appointed, formed, or e8tal)lishe.d under any present or future Act, save where they previously derived their powers un- der any Statute of the United Kingdom, 28 V., c.42, s. 57. 106 CONSTABULARY FORCE. Complezional Distinctions. ^VU the free brown and black population of this island shall he entitled to all the rights, privileges, immnmties, and advautaEfes to which they would have been entitled if bora of, and descended froflj white ancestors — J W. 1,0.17,8. 2. Constables. Justices' Warrants ag-ainst any person on board ship, may be directed to and executed by them, fee, 3s. currency, 35 C. 2- c. 4, s. 7 Fees for serving warrants, Is. 3d, currency, 10 Ann, c. 4, d. 17. Appohitmont at Spocinl Sessions Session to be nd vcrtiaetl Number of con. stables Head constnblos Obief constable to be appointed by Govenior DismiBsal or s pension Exemption Notice of deatb, Elections on siis. pension. Sec, Oalh of office Rolls and correc- tion Constabulary Force. Short title, "The Constabulary and Eeward Fund Act," 18&1— 27 v., S. 1, c. 30, s. 1. The Justices of each parish, including Kingston, shall at a Special Ses- sion convened for the purpose, from time to time, appoint fit persons, male inhabitants, willing to serve as constables under this Act withm the parish, and as constables generally, if need be. No. person convicted of any fe- lony or fraudulent offence, shall be appointed a special constable — 27 V., S. 1,0. 3(J, s. 2. The Clerk of the Peace shall notify every special session convened for such purpose by advertisement in the " Gazette", 27 V., S. 1, c. 30, s. 3. For every 100 persons resident in each parish, not more than one con- stable shall be appointed, 27 V., S. 1, c. 30, s. 4. The Justices may appoint out of every 10 such constables, one head constable, to be designated accordingly, 27 v., S. 1, c. 30, s, 5. The G-overnor may, from time to time, appoint out of the constabulary force, or the rest of the population in each parish, and in addition to the i others, one chief constable for every parish, and for the City and Parish of . Kingston, as a distinction for highly meritorious conduct, and the Govern- oJ's Secretary shall notify every appointment of chief constable to the Gus- tos, 27 V.,S. 1, c. 30, s. 6, Any constable, other than a chief constable, may be dismissed or sus- pended, on satisfactory cause, by order of a majority of justices at a special sessions ; any chief constable, by order of the Governor, notified to the Gustos, 27 v., S. l,c. 30, B. 7. After 12 months' service, any constable shall be entitled to be exempted, on notifying his claim to the Gustos, 27 V., S. 1, c. 30, s. 8. In case of the death, resignation, or rpiitting the parish, of any consta- ble other than a chief constable, the Inspector of Police shall give notice thereof to the Gustos and Justices, through the Clerk of the Peace, who shall immediately notify the same to the Gustos, 27 V., S. 1, c. 30, s. 9. In case the ju?tices suspend or dismiss any constable, they shall pioceed with ns little delay as po =sible, to appoint a successor. On suspension or dis- missal of a cliief con^^ialilc, the Governor may appoint a successor — 27 v., S. l,c. 30, s. 10. Each constable shall, before acting under his appointment, take the fol- lowing oath, to be administered by a justice: ■ I, A. B. do swear that I will well and truly serve the Queen, as a con- stable, under llio Constabulary Act, one thousand eight hundred and sixty -four, 2/ V., c. 30, for the parish of , and as a constable generally, — So help me God, 27 V., S. 1, e. 30, s. 11. The Clerk of the Peace shall keep a roll of the names, at full length, and the calling, or occupation, and residence of each constable, from time to time appointed, and keep exposed in his oiBce a copy of such roll, and fur- nish the Inspector of Police with a copy for each police station iu the parish, and on uuy person ceasing to be a constable, shall erase his name, calling, or occupation, and residence, and insert in the roll, and copy in his office the names at full length, calling, or occupation, and place of residence of any person appointed m his room, notifying the same to the Inspector I'rom time to time, who shall thereupon correct the copies at the several police stations accol'dingty, 27 'V., S. 1, c. 30, e, 13 CONSTABULARY FORCE. The Inspector shall, with the approval of the Gustos, determuie and de- due convenient distiicts in vfhioh constables may be warned to serve, and such wai-ning may be given by any constable oi- policeman by oi'der of the Inspector, 27 V., S, 1, s. 30, s. 13. The Clerk of the Peace shall report to the Governor all appointments, suspensions, dismissals, resignations, and deaths, and publish the same, from to time, in tlie " Gazette", 27 V., S. 1, c. 30, s. 14. His fee. Is. for each person appointed for one year, to be paid by the Eeceiver-General on the Governor's AVarrant, 27 V., S. 1, c. 30, s. 15. The duties of his office shall be explained to each constable on his being appointed or sworn into office by the justices present, 27 V., S. 1, c. 30, s. IB. The Governor in Executive Committee shall, from time to time, frame, ajnend, or rescind rules for the government of the constabulary, and fix the establishment of ijrades or ramts in the force, a printed copy, of which rules with a statement or explanation of their duties shall be pi-ovided by the Executive Committee, at the expense of the fund establisheo'under this Act, and be given to every constable, 27 V., S. 1, c. 30, s. 17. Each constable shall be furnished with a constable's warrant accovdiiig to form to be printed and fui'uished at the expense of the fund, and filled up and completed m writing, agreeably to the instructions, 27 V. S. 1, c. 30, s. 18. And shall also be provided at the pubhc expense, with a baton and such distinguishing badge as the Governor shall du'eot, and head constables afid chief constables, may be supplied with such distinctive marks on their batons and badges, as the Governor may direct, 27 V. S. 1, c. 30, s. 19. Every chief constable shall receive his warrant, baton and badge from and be sworn into office before a bench of Justices in Petty Sessions, assem- bled by direction of the Gustos, in tlie district wliere he. resides, and in the presence of such head constables, as shall attend, and who shall be entitled, on certificate of the Justices present, and Governor's warrant, to one full day's pay each, for such attendance, 27 Y. S. 1, c. 30, s. 20. Such constables warrant, batons and badges, shall be delivered to the Inspector or Sergeant in charge of the nearest police station, by any consta- ble who ceases to hold office or ([uits the parish, or by the representatives, wi- dow or next of km, of any deceased consUible, or by any person in posses- sion thereof. Any person knowingly or wilfully detaining any such warrant &c. shall be liable to a penalty, not exceeding 40s 27 V. S. 1, c. 30, s. 21 EdTch constable shall when acting, unless required to act by any sudden emergency, wear his badge, and carry his warrant, and baton, and exhibit them if required, 27 V. S. J , c. 30, s. 22. And shall be under the orders of the Custos and Justices, and for dis- obedience of any lawful order of a Justice, or other wilful omission or refusal- of duty, shall be subject to a penalty, not exceeding 40s. Any constable proved, directly or indii'ectly, to have frustrated or impeded the ends of Jus- tice, shall be dimissed, and not again -eligible to the Oifice, 27 V. S. 1, c. 30, s. 23. They shall muster once in every year at the Court House, on a day to be fixed by the Custos, to be inspected by the Gustos and Magistrates, Each constable so mnstermg, shall receive Is. fid., the head constable 2s. 6d. and the chief constable 3s. for such day's muster 27 V. S. l,c. 30,8. 24. 14 Days notice of the. day for muster, shall be giyen in each parish, by posting bills or otherwise, as the Custos may consider desirable, 27 V. S. 1, c. 30, B. 25. Every constable while holding- office, shall be invested with all the powers and authorities incident to the office of constable, at common law, and policeman under any act now or to be in force, and if need be, in the exe- cution of his duty, may act in all respects in any other parish, as fully as in that for which he is appointed, 27 V. S. 1 , c. 30, s. 26. The Governor incase of any riot or distntbance, actual or apprehended, or other occasion, may cause, the constables or so many as he thioks necessa- ry, to be called out and to continue on duty, in their or any ofter parishes, until the cause for which their services were required has ceased to exist, 27 V. S. 1, c. 30, B. 27. In case of any riot or disturbance or other emergency, actual or appre- hended, any Justice in other pai-ishes, and in Kingston the Gustos, may order on duty for such period or extended period as may be necessary, either with- in the parish or in any adjoining parish, such number of constables, and if need be, the Chief Constable also, as in his judgment may be rectUisitefor the service to be performed, 87 Y' S' h "• 30/ O' 38. ,107 Clork of the Peace to report appoint- menta, &c. to the Governor niicl Gti- KCtto tliom Clerk of I'cuco'h foe Kxplaiiatioii of Ills duties Kuloa and ex- planation o'f du- ties to be provided for thorn Uutouand budge Waniiuls, batons and badgCiJ, to bo delivered upon death, &c, Badge, baton and w a r r a n t, to bo worn and exhibited when on duty- Disobedience f orders. Annual musters, Pay to constables present, How to bo called out of parisli. In case |of cmer- guucy. 108 To net unilui' 111 ^piTtoi- or Dtlicr of- iccr of police. Soi-vice of liroeefls not eivil. Presence Qt whip- liuigs. See s. 33. P r o 1 t i on in ciises of legal pro eeedings. Pay. On .justices' colli- ftcate. Through ' Inspec- tor of Police. A del i ti^iinl p.iy for extraordinary conduct. When disabled on bcrvice. Meritorious s e r- vlces. T.iniit of e.\pendi- ture. Recovery, Sea. of penalties. luLeilivulutloll. CONSTABULARY FORCE. Where Constables or any Chief Cpnstable, are ordered or called out on duty, they or he shall be under the command of the Inspector or other officer in commaud of the Police Force, if any on the spot, and be subject to the or- ders of the Gustos, or other Justices in like manner as the Police, SJ7 V. S. 1, c. 30,B. 39. Each Constable (except a Chief Constable) may by order of a Justice, or in Kingston of the Cusloe, be employed to serve or execute, or to assist in the service or execution of any warrant, summons or other process, except in civil matters. Any Chief or Head or other Constable (not exceeding two altogether, residing in any district, wherein has been committed any offence for which whipping may by law, now or hereafter, be inflicted, wheti sum- moned or ordered by any visiting Justice of the Prison, wherein the punish- ment is to be inflicted, shall attend thereat, andbe paid for such attendance as for any other sen'ice, 27 V. S. 1, c. 30, s. 30. Every Constable ghall have the like protection, rights and privUeges, in case of and before the commencement of any action or other proceeding at law, as a Constable at common law, or a 'Policeman under any act, now or to be inforce, may be entitled to claim, 27 V. kS. 1, c. 30,. s. 31. Wounding, assaulting, resisting or obstructing any Constable in the exe- cution of his duty, punishable as for woundiu" &c., a Constable at common law, or a policeinau under any act, now orto oe in force in the execution of his duty, -^r V. S. I, c. 30, s. Si Every Constable shall be entitled for each day, or part of a day, for which liis services are required, (except in the yearly muster) to be paid on the Go- vernor's v.ariaut, out of the treasury, not exceeding 4s to a Chief or Head Contable, and 2s Cd to any other, 27 S''. S. 1, c. 30, s. 33. On ceitificate of the Justice by wliom ordered or called out on duty, wliicli shall siicAv the service, period aud rate of daily pay, the form of cer- tificate to be provided out of the fund, and furnished bv the Executive Com- luiltee, through the Inspector of Police, 27 V. S. 1, c. 30, s. 34. Every such certificate shall be delivered by the constable in whose fa- vor it is given to the Inspector or nearest Sergeant of Police of the parish. The Inspector shall collect and transmit the certificates to the commissioner for examining the pubUc JiccountM at the period \vhen be forwards the bills for the police pay of' his division, and shail together with such pay draw from the Receiver-General the amount certified by the commissioner to be ■ payable, and for payment of which the Governor's warrant shall be issued, and shall, at each monthly district Court, or in Kingston at the first'XyOin't of Petty Sessions, after. drawing the same, pay, or cause to be paid to the several constables, the sums to which they are entitled, 27 V. S. 1 c'. 30, s. 35. The Governor in his discretion may direct, and the Eeceiver-General on his warrant shall pay any additional sum to any chief or head or other constable who distinguishes liimself by extraordinarily active and meritori- ous conduct, 27 V. S. 1 c. 30, s. 36. As also any further sum to any chief or head, or other constable who has been injured or disabled in the execution of his duty, as also for medi- cines, or medical or siu'gical attendance on them, 27 V." S. 1 c. 30, s. 37. 4nd any sum directed by any such v/arrant to be paid- to any policeman, constable, or other person for meritorious service rendered for the public . benefit, 27 \'. S. 1 c. 30, a. 38. Tlie expenditure shall not to exceed £1200 in any year, aud an account tliereof shall -be laid teforo the Assembly, within 28 days after opening each Session, 27 V. S. 1 c, 30, s. 39. Any constable who extorts money by directly or indirectly threatening • to execute, or use his office against "any person, or directly' or indirectly ihreatens to execute or use his office against any person with intent to ex- tort money from him, shall forfeit not exceeding 40s., and be imprisoned with or without hard labour in the discretion of the convicting Justice for not more than 30 days, and be further imprisoned until payment of the penalty, 27 V. S. f , c. 30, s. 40. Penalties shall be recovered under 13 V. c. 35, or any other act, now or to be in force relating to summary convictions, and carried to the credit of the general revenue, 27 Y, S. 1 c. 30, s. 41. Unless there is something repugnant or inconsistent " Constable," shall meauauy chief, head, or other constable, S7 V. IS, 1 c. 30, s, 43. CONSTABLES, SPECIAL. Jamaica, ss. paiish of To residing at in the said parish of appointed and sworn a constable, under the " Constabulary and reward fund Act, 1864." These are to authorize and require yon the said in her Ma- jesty's name iu all things, and at all times for such period as you shall con- ■ tiuue to be a constable under tbe said Act, to act in such office and capacity of constable thereunder, aud as a couservator of the peace and constable generally, and with all the powers and authorities' incident to the office of coustable at common law aud policeman, under any Act which may now or hereafter be in force in this island, iigreeably to the provisions of the said constabulary aud rewai'd fnnd act, 1864. one thousand 109 day of Given under our hands this eight hundi'ed and A. B., Gustos or senior magistrate, for the parish of Ey Order • E. F., Clerk of Peace for parish of Con&tabloa rant, s. 18. Constables, Special. The Cnstos, or next senior magistrate, residing or being at the lime in any pai'ish, in his absence, and the Jlayor of Kingston, or in his absence the cif'f'"''"'M°"' r''v senior Alderman, may, from time to time appoint by precept under their Kh'g/ton. "'"^ ° bands, any householders, or others residing within the parish, to be special constables within tne respective pai'iehes or the immediate neighbourhood for such time and as to them seems nece6sai|y for the preservation of the pub- lic peace, and the prevention or suppression of all tumults, riots or felonies, andadminister to tliem not only the usual oaths, administered by law to all special constables, but als6 the following oath : — I, A. B., do swear tliat I will well and truly serve our Sovereign Lord, O""'"*- the King, in the ofKce of Special Constable for the parish of without favor or affection," malice, or ill will, and that I will to the ■ best of my power, cause the peace to be kept and preserved, and prevent all offences against the persons and properties of his Ma- jesty's subjects, and that while I continue to hold the said office, I will to the best of my skill and knowledge, discharge all the duties • thereof faithfully, according to law. — So help me God. But nothing herein shall alter, affect, or abridge any power of any Jus- Not to affoot pow tices to appoint special constables in cases of actual tamults, riot, or felony. "^'^ "^^ Sua!' tu' No such appointment shall operate as an exemption from doing duty in the muin, &o. militia, except while any special constable is in the actual performance of any duty as such, 4 W. 4 c. 29, s. 1. ' Eveiy special constable so to be appointed, shall qualify and enrol him- Quaiiacation, en- self, and take the oaths within such time as shall be fixed by the person ap- ^S'^'^ ol^aih"''' pointing him, and his name or mark shall be signed or made by nimself to such oaths in the presence of the person appointing him, or of the Clerk of the Peace, on a roll to be kept for the purpose, whereon shall be designated his calluig or occupation and place of residence, and a correct list shall from time to time be registered and exposed in the office of the Clerk of the Peace, as part of his duty. For any default in not qualifying and enrolling himself as i)„„„iti,s provided, he snail forfeit £20, (£12 sterHng) to be levied on- his goods, by warrant under the hand and seal of tlie person appointing him, and so on toties quoties, or as often as he receives a fresh appointment, and makes default, and which new appointment may immediately follow the penalty of the preceding appointment, 4 W. 4, c. 29, s.2. Such Special Constable shall at the expense of the parish, be provided To be; inovmed with a staff of office, and such necessary weapons as the Justices and Vestry with iiaffaudwca- and Common Council of Kingston deeni fit, and upon his appointment ceasing, ''°'" or removal from the parish, such staff and weapons, in good order, shall be by him delivered up to the Clerk of the Peace, under a penalty of £5 (£3 sterling) to be recovered and applied as after provided, and upon his death, shall be delivered to the Clerk of the Peace, and recoverable from any per- son, in a summary manner, by warrant under the baud of auy Justice oi the parish, 4 W, 4, c, 29, 8. 3, Return thereof J 10 CONTINGISNT AND EXBCUTOKY INTERESTS, &0. Whciitobocalinci AH Castodes or Senioi' Magistrates, Mayor or Senior Alderman, respec- °"' tively, shall have power, on reasonable apprehension of any intended tumult, riot or felony (of the reasonableness of wnioh apprehension they are to be sole Judges, on whatever evidence or information they may receive) or upoA any actual tumult, riot or felony, to call upon the immediate active ronaiiy on not aid and assistance of all or any such Special Constables, for its prevention or oijeymg cull suppression. And every such Special Constable, so called upon, and not promptly obeying the call, or not promptly acting under the lawful orders of the pai'ty calling upon him, without sufficient excuse, shall incur the pe- nalty of £20 (£12) to be recovered and applied as after provided, and shall also be liable to be indicted for a misdemeanor, 4 W. 4, c. 29, s. 4. When in tiic ab- In the absence of the Custos or Mayor, or Senior Mamstrate or Alder- M°°° ■ &' '^"""' man, where it is made to appear to two Justices or Aldermen and Com- inyoi-so ^^^^ Councilmen, by the information on oath, of one or more respectable iu- habitants, or is within their own knowledge, that any tumult, riot or felony, has taken place, or is likely to take place, and may reasonably be appre- hended, sucn Justices may call upon, by warrant or precept in writing under their hands, or by a verbal summons or personal citation conveyed by a Con- stable, or any respectable person, all such Special Constables residing within the neighbourhood of such actual or •apprehended tumult, riot or felony, to act as Special Constables, for such time, and as to the Justices, shall seem necessary for the preservation of the public peace, and prevention or sup- pression of any tumult, riot or felony, 4 W . 4, c. 29, s. 5. Rocovovy &o. of AH penalties shall be recoverable by attachment in the Supreme or penalties [Circuit] Courts, grounded on affidavit, after the Court has considered any affidavits on the part of the part}^ complained of, justifying or explaining his conduct, and the Judges may award costs oii eituer side. Ofieuces shall be A 1 n ainst Complained of within 6 mouths. Any person appointed a Special Constable, appointment^""" may appeal to the Governor, so as the appeal be made and notice given to the Custos, Mayor, Magistrate or Alderman, who made such appointment, within 14 days after, and he shall not in the meantime be exempted from duty, 4 W. 4, c. 29, s. 6. No person bylaw exempted, shall be prevented from vohmtarily ac- tanco ^^ ^'^ accop- ^gp^Qg jjjg appointment and being sworn and enrolled, and thereupon he shall be subject to all the duties and penalties other Special Constables are liable to, 4 W. 4, c. 29, s. 7. r„„.„j. Special Constables shall have all the powers and authorities, incident to the office of Constable, for the preservation of the public peace, the appre- hending offenders, and the suppression or prevention of all tumults, riots and felonies, and if need be in the performance and prosecution of their duty may act in all respects in any adjoining parish, but in the neighbourhood only of that in which they reside, and only so far as may be necessary, as effectu- ally as In the parish in which they are enrolled, 4 W. 4, c. 29, e. 8. Contingent and EKecutory Interests, Rig-hts of entry, Future Interests. Dispoaition by Devisable ; See Wills, 3 V. c. 51, s. 3. will . .,,,,. By deed, &o -^".V person may convey, assign or charge by any deed, any contingent or executory interest, right of entry for condition broken, or other futui'e estate or interest he is entitled to or peremptorily entitled to in any freehold or lease- hold land or personal property, or any part of such interest, right or estate, and every person to whom any such interest &c., sliall be conveyed or as- signed, his heirs &c., shall be entitled to stand in the place of the person by whom conveyed &c., and have the same interest &.C., or such part as is con- veyed &c., and the same actions and remedies as the person originally en- titled, his heirs &c. would have been entitled to, if no conveyance, assigu- meiit or other disposition had been made. But no person is empoweref to Expectancies es- dispose of any expectancy as heir, or heir of the body inheritable, or as next of "* '"'' "" '" kin, under the statutes for the distribution of the estates of intestates of a living person, nor any estate &o., to which he may become eiititled under any deed, or under the will of any living person, and no deed shall- by force of this act, bar or enlarge any estate tail, further thftn it would have done, if it had not been passed. No chose in action shall by this act be made assign- able Bt law, 8 V. 0, 19, e. 4, tatoa' tailchoscs in action COPYEIGHT. Ill ■ After 30tli June, 1845, no estate in land, shall be created by way of con. Contingent ro- ti agent remainder, but every estate whicli would before that time have taken niainaers, oxocnto- effect, as a contingent remainder, shall take effect, if in a will or ''^ ="»'"'' codicil as an executory devise, and if in a deed as an executory estate, of the same nature and having the same properties as an executory devise, and contingent remainders existing under previous deeds, wills or instru- ments, shall not' fail or be destroyed or barred, merely by reason of the de- struction or merger of any preceding estate or its determination by any other means than the natural effluxion of the time of the preceding estate, or some event on which it was in its creation limited to detei-mine, 8 V. c, 19, s. 0, Appropriation, of Copyrig-ht. All books lawfully imported, shall be duty free, 22 V. c. 21 , s. 2. ^ Subject to this act, reprints of any printfld books, first composed or writ- uopiinn may be ten or printed, or published in the United Kingdom, may be lawfully im- impotteii ported for ssile or Ime, 22 V. c. 21, s. 3. On the importation of any repiint of such book, at the time, protected by P" "n aa valorem the law of copyiight, there shall be paid an ad valorem duty, on the bona fide ''"'*' °'^° ''°' °™' price of such reprint of 20 per centum, 22 V. c. 21, s. 4, Such duty shall no 1 be paid on newspapers or other regular periodicals, containing extracts ouly , Irom such books, US V. c. 21, s. 5. Exemptions After collection by the proper officers, the duty shall be paid into the Treasury Cheet of the Commissariat Department, with a detailed account /^^^ thereof quarterly, in order to be duly paid over to the registered proprietor of the copyright, 22 V. c. 21, s. 6. - Before the reprint of any book is made liable to ad valorem duty, the Registration book shall have been duly registered, or other the requisitions in respect thereto complied with, as the nature of the case may require according to the provisions of any act of the' Imperial Parliament relating to copyright, 22 V. c. 21, s. 7. Every reprint.imported or brought, sold, hired, published or exposed to Forfeitures ana sale, or let to hire, contrary to this act, shall be forfeited and sold, one half of penalties the proceeds to be applied to the use of the officers of Customs, or otherap- appointed oflicers seizing the same, and the other half to the registe'ed pro- prietor of the copyright of the book from which the reprint is made, and every offender duly convicted before two Justices of the parish, where the seizure is made {who are empowered to try the same, according to the then or any act providing for the recovery of petty debts) shall forfeit £5, and double the value of every copv of such reprint, which he imports or causes to be imported, or knowingly sells, publishes or exposes for sale or lets, or hires or has in his- possession for sale or hire, contrary to this act, 22 V. o. 21 , s. 8. Such penalty may be enforced by distress warrant of any Justice, and in case of a return that no suiEciont goods of the defendant can be found, „„^\\^°J°™°"' ""* any Justice may commit tlie defendant to any Jail, for not exceeding 3 ca- lendar months, unless the penalty and all costs and charges of the distress and of the commitment (the amount being stated in such commitment) are sooner paid, and of every such penalty, the sum of £2 shall be to the use of the officers of Customs, or other appointed officers, and the remainder paid into the Treasury Chest, of the Commissariat Department, and remitted to the nse of the proprietor of the copyright, as provided for payment of the duty, 22 V. c. 21; s. 9. At the time of the entry of any reprint, the officers passing shall stamp it, and the Collector of Customs at Kingston shall furnish the form of stamp necessary, 22 V. c. 21, s. 10. Short Title, the copyright protection act, 1858; 22 V. c. 21, s. 12. " Book" shall include volume, pamphlet, ateetof letter press, sheet of music, map, chart, plan, and perioiJieBlly published review, SS V. o, 91, s, 13. stamp on reprints Sliort title Interpretation 112 CORONERS. Coroners. Upon any bod^ being found dead in any parish, tlie Coroner sliall upon '"'"°' the lirst notice or mformation to him given, cause the body to be viewed and an inc[uisition taken thereon, agi'eoably to the laws of England, and act in every thing relative thereto agreeable to such laws, 11 G. 3, c. 15. Coroners for St. I'or remedving the inconveniences of several panshes being included in Thomna in tiio Vaio one preciuct, the Governor shall cause writs to be isused in the usual man- HiyMd"St*i)iwid° "®'" ^°^' the election of a coroner for each of the parishes of St Thomas in the Vale, St. John, St. Dorothy and St. David, who shall possess the same powers, and be obliged to discharge all the duties of the office of coroner agi'eeably to the laws of England, and of this island, and under the same penalties as any coronerheretofore elected for any precinct, 41 G. 3 c. 13, s. 2. Whenever any vacancy of the office of coroner of either of these pa- rishes happens, the Governor shall cause a writ to be issued for the election of another coroner as usually practised upon the vacancy of the office heretofore in any precinct, 41 G. 3 c. 13, s. 3 Two Coroners for '"'h® Governor shall cause a writ to be issued for the election by the Port Koyni freeholders of Port Eoyal of another coroner, whose residence shall be in the interior of the parish, and when any vacancy happens by the death or departm-e from "tnis island of either' of the coroners, a new writ shall issue for the election of another in his room, so that there be always a coroner resident in the town, and another in the interior of the parish, 41 G. 3 c. 13, s. 4. Omission to givo '^'^® owner, manager, or overseei', of any property who shall omit to notice of sudden inform the coroner or in his absence from home or sickness, a Justice, of doatii &c on any ^j^g death of any_person who dies suddenly, oris slain, drovpned, wounded, moSio'''' """ " or poisoned, or dies by any cause or in any manner othei-wise than according to the common course of natiu'e, on such property, shall be indicted for mis- demeanor, and subject to such punishment by fine or imprisonment, or both, as the Court may award, such fine not to exceed £500 (£300 sterling) nor imprisonment 6 months, 58 G. 3, c. 23, s. 1. Gnoiorstogiveno. The keeper of every gaol who omits to inform the coroner, or in liis ticc of nn dontha absence, &c, a Justice, of the death of any person who dies in such gaol, by any cause or in any manner, shall be subject to such prosecution and pun- See 17 V. c, S3 ishment as before mentioned, 58 G. 3 c. 23, s. 2. No body of any person who may die suddenly or be slain, &e., shall be ay?nB'8»d°fflj'™e buried or removed"in less than 24 hours after it has been found dead, unless not to bo irariod or ordered by the coroner or justice acting in his absence, and any person removod i^n leas ^jurying or removing any such body without its being so ordered shall be t inn - lours subject to prosectition and punishment as before mentioned. No body of Foraons dying in any person who dies by any sort of death in any place of confinement, conHnement _ else- other than a gaol shall be burled or removed, until an inquest is held thereon, whore tiuin in Gaol ^^^^j ^^^ person burying or removing such body shall be subject to prose- cution and punishment as before mentioned, 58 G. 3 c. 23, s. 3. Affldavittobenn- When a coroner cannot collect a fulfjurv of 12 to form inquests, he neiod to proceed- gjjaii annex to the proceedings an affidavit of his having used his best en- than 12 Jurors ° ' ' deavours to obtain afull jury, but could procure the number only named In the inquisition, 58 G. 3 c. 23, s. 8. Nothing herein shall alter, vary, or annul any acts of this island or the aito "tiio'^'iaw%o° ^^^^ °^ England respecting coroners and their duties, or any proceedings lating to Coroners against, them or touching their office except as hereby altered, 58 \'. - 0. 23, s. 9. ^^^ Every coroner upon any inquisition before him taken Avhereliy any raansiauBbter ° &c person shall be indicted for manslaughter, or nnirder, or as an accessory To to take and return murder before the fact, shall put in wrhiug tlie evidence given to tlie juiv zZnceJ&in^uiStSn before him, or ^so much as is material, and sliall have authority to bind by and sign and cor- recoguizauce all such persons as know or declare anything material touching •ity ana return tjje manslaughter, or murder, or the offence of being accessory to murder, to hem to the Crown appear at the next [Circuit Court], at which the trial is mtended to be, to prosecute or give evidence aaainst the party accused, and shall certify and subscribe the evidence, and all such recojjnizances and inquisitions fiefore hi'm' taken, and deliver them to the Clerk ot the Crown, S G. 4 c. 22, s. 4. Pe„„iiy If any coroner offend contrary hereto, the Court, to whose officer any such evidence, recognizance, or inquisition ougfit to have been delivered, shall upon examination and proof of the offence, in a summary manner set such fine upon him as it thinks niecl, 8 G. 4 c. 22, s. o. Not to be elected a member of Oor- poration of King- ston or Vestry- man or Church- warden, nor vote as a Magistrate Dispensation with inquest in Prisons, Hospi- tals, &c during epi- demic diseases LeiLve of abn sencc COSTS. 113 No pei-80U being corouer of any city or parish sUhU sit or veto at any meeting of, or be a member, either as a magistrate or otherwise, of the cor- porate body of Kiugston or of any Vestry, and every election of any coro- ner, as a member of the Corpovatioii of Kingston, or as a Vestryman or Chnrchwarden of any parisli snail be ipso facto void, 10 ^^ c. 12, s. 2. The Governor may at any time during the prevalence of any endemic or epidemic disease, with the advice of the Pnvy Comicil, issue a Koyal proclamatiou prohibiting the holding of any coroner's incjuesl upon the body of any person dying within any prison, hospital, or public institution, whose death is certified, bvan entry in one of the boolcs of the institution, under the hand of the medical attendant, to have been occasioned by any such pre- vailing disease, 17 V. c, 23. The Governor may, whenever he thiulis fit, give leave to any person filling the ofiice of coroner to be absent from this island, for any peiiod not exceeding 12 calendar months at any one time, 17 V. c. 38, e. 1. And may appoint a deputy coroner to act in the place, and discbarge the duties of any coroner, to whom leave of absence is given, and such appoint- ment shall^be made upon such terms and conditions as to the Governor seems fit, 17 V. c. 38, B. 2. Wlienever a vacancy happens in the office of coroner, no person shall be eligible to the office, unless he is a legally qualified practitioner, in phy- sio, or physic and surgery, and such medical practitioner shall, after having been elected, periAanently reside and practice in the parish in which he is elected coroner, 19 V. c. 17, s. 1. If any person other than a duly qualified medical practitioner is elected and returned coroner, (except under the circumstances after mentioned) such election shall be ipso facto void, and a new writ shall therenpou issue, 19 V. e. 17, s. 2. In case no duly qualified practitioner otTers himself as a candidate or desires to be elected a coroner, within 6 days before or after the issuing of the writ of election any other person may be elected coroner, 19 V. c. 17, s. 3. Where any coroner, frem ill health, absence from the parish or otherwise, isunaMe to perform his duty, any Justice of the parish on receiving infor- mation of the death of any person from any cause otherwise than by the common course of nature, or of any body being found dead within his ju- risdiction shall issue Ms warrant for warning a Jury, and proceed to hold an inquisition on the body as if he were coroner, and shall exercise the lilie duties, liabilities, powers and authorities as the coroner, but no Justice shall be entitled to any fee or mile money for issuing such warrant or holding any such inquest, 20 V. c. 9. The several coroners shall be paid monthly or quarteily, the salaries set opposite to their respective parishes, 23 V. c. 19, s. 1, Such salaries to be instead and in full of all fees to which they may be entitled, under any act in force, and of conimutHtioii for mile money, and printed forms, and it shall not be lawful for the Vestry of any parish to pay any coroner mile money or allowance for foims, 23 V. c. 19, s. 2. Whenever a coroner is required to perform the duties of a sheriff in the execution of any writ, he shall be entitled to be paid a fee of £3 3s, and mile money at the rate of 2s 6d., for every mile he has to travel from bis place of residence to the place he is required to go to execute sucb writ, which the plaintiff shall be bound to pay the coroner before he proceeds to the execution of such writ, and the defendant shall be required to pay such fee and mile money as parcel of the damages and costs of the writ executed upon him, 23 V.c. 19, s. 3. Act in force until Slst March, 1867, 23 V. o. 19, e. 5. Diuation Deputy Medical Practi- tioners to be elect- ed when they of- fer themselves And any other election to be void If no practi- tioner offer any other person may be appointed Justices to hold Inquests when Co roners are unable to do so salaries See Schedule, title. Vestries m full of fees fees as sheriff Costs. •In suits at law and equity for the recovery of monies lent upon mort- At law or in gage, or specialty, where the defendant opposes, or sets up a defence, and the ^^^^ ^ «"j'| °n plaintiffobtains a judgment or decree for such money, or lor the lauds and ™°ity premises upon which the monies were lent, the defendant shall not only pay to the plaintiff the usual taxed costs of suit, but be farther liable to such fees as the plaintiff has paid to counsel in the prosecution of the same, and for the 3 14 COSTS, tmvelUug charges and expenses of witnesses subpoenaed by the plaintiff to give evidence in the cause, and all such fui'ther charges as the plaintiff, or his i^ttomey, or agent ui this island, sh^ll, by sl&davit, make appear to have been by him laid out and expended in the cause, to be taxed as costs of in- crease. Upon application of the defendant in case the costs so taxed appeal' unreasonable the court may moderate the same, 24 G. 2, c. 19, s. 1. counsel's fees The counsel for the plaintiffs shall, if demanded, give a certificate UBder Costs o£ remit- their hands of the fees by them received in any such cause, to be produced tanoeonsKlyanoes upon taxation. And for monies lent or advanced by merchants, factors, or payable in oreat others residing in Great Britain, or by persons residing in this island, and ™ the moneys lent or advanced, agreed to be paid in Great Britain, whether by parol.or in writing, the defendant against whom judgment or decree is ob- tained shall not only pay the costs as above mentioned, but also be liable to such further costs and charges as the plaintiff, his attorney, or agent, execu- tor, or administrator shall malte appear by affidavit to the taxing officer, he has sustained or may sustain by reuuttiugthe monies so lent or advanced to Great Britain, to be taxed as costs of increase, but the court may, on appli- cation of the defendant, moderate the same, 24 G. 2, c. 19, s, 2. Cost on frivo- If after judgment for the plaintiff in any action the defendant sues any loua writs of Er- writ of error to annul the judgment and it is afterwards affirmed, or the ror writ of error discontinued or the plaintiff in error is nonsuit therein, the de- fendant in error upon certificate of any three of the Judges constituting such court that there was not a reasonable cause for suing such writ of error, and that the same was frivolous and brought merely for delay and vexation, the party bi'inging the writ of error shall pay to the defendant in error double the costs he has laid out to be taxed on affidavit of himself, his agent, or attorney as costs of increase by the Clerk of the Court of Errors, to be added to the costs of the court below, but the court of errora may moderate the same, 24 G. 2, c. 19, s. 3. Where dara-iffes If upon any action, personal, net being for any title or interest of lands do not amouitto nor concernmg the freehold or mheiilance of any lands, it appears to the 24s see 6 V. 60, Judges that the debt or damages to be recovered shall not amount to 40s. s. 2, 22 V. c. 28 (24s. sterling) or above, the Judge before whom the action is pursued shall not award, nor the Clerk of the Court tax for costs to the plaintiff any more costs than the debt or damages amount to, but less at their discretions 1 G 3, c. 21 . Where'the defendant against whom judgment is obtained (upon open See 24 G*^! c °'' settled account of any person resident in Great Britain or Ireland agaiust 19, g 2 ' an inhabitant of this island) sets up any defence, he shall be chareeable with costs of increase as heretofore, unless the Judges before whom the action is tried see cause for disallowing the same, and make order accordmelv 29 G, 3, c. 13,B.2. ^■' On actions ge- The plaintiff in every action in the Supreme Court (except as after ex- neraUy cepted) in which he recovers damages, shall be entitled to costs out of purse expended in prosecuting his suit, as costs of increase, to be taxed as between party and party, and shall have such process and execution for recovery of the same as plaintiffs have for the recovery of costs of suit, 5 V. c. 50 s. 1 namages under Where the debt or damages, recovered in any personal action, does not 40s. see 13 G. c 20, amount to 40s. the Clerk of the Court, shall not tax any more costs than the 22 V c 28 Bam recovered unless the Judge, before whom the cause is tried within 10 days after the termination of the Court at which the action is tried certify on the record, that in his opinion, costs to be taxed as aforesaid, or some sneci fied sum ought to be allowed to the plaintiff, 5 V. c. 50, s. 2. Defendants If *« plaintiff, after appearance by the defendant, is non suited or a ver. costs dictaftertrialpassagamsthim, the defendant shall have Judo-ment to recover his costs incurred in defending the action, when taxed as° between nariv and party, and shall have sucTi process and execution for recoverini the same against the plamtiff as plaintiffs have on Judgments against defen- dants, 5. V. c. 50, s. o. , ^. . The act shall not extend to actions for the recovei'v of nnv „o,i„i;„ „„ Aeionsf„r,po. debt, under any act of this island, or statute of tlieTmS"laS!SStin is™targht:r^'c.T^^^^^ -^^ which m^ COSTS. 2jg In any action against two or more defendants, and any one or more has Nolle prosequi a nolle prosequi, entered, or on the trial have a verdict, every such defen- <» verdict, tor dant shall have Judgment for and recover hie reasonable costs, unless in case ^"""^ cletendants of a trial, the Judge within JB'days afier the trial, in open Court, certify up- on the record under his hand, that there was reasonable cause for making him a defendant in such action, 5 V. c. 50. s. 5. The jilaintiff ®r defendant, in whose favoi% upon any demurrer, Judg- Demurrer ment is given, shall be entitled to his reasonable costs, and have execution thereof accordingly, 5 V. c. 50, s. 6. The Judges shall make rules for the payment of costs by a plaintilf dis- niscoutinuance continuing his action, after appearance by the defendant, as shall seem pro- per, 5 V. c. 50, 8. 7. . ^ _ The Judges on all applications to the Court sitting in Banc, shall in Applications ia their discretion make'sneh order, as to payment of costs, as shall seem rea- banc sonable, 5 V. c. 50, s. 8. No costs shall be recoverable until iirst taxed by the Clerk of the Court To be taxed or his Deputy, 5 V. c. 50, s. 9. The Clerk of the Court or his Deputy, in the taxation of iinal costs, Set off ot inter- either for plaintiff or defendant, shall, if required by the opposite party, de- locutory costs on duct from the gross amount of the debt or damages, costs of suit or costs of Anal taxation and increase, any interlocutory costs obtained by him in the progress of the enteral for the cause; and Judgment shall be entered up for the balance in favor of the party balance on whose si'ie the balance appears, and he shall have execution thereof ac- cordingly, 5 v. c. 50, s. 10. So much of any clause, enactment or provision, in any acts of a local or Double and tre- • personal nature, whether the same are public or private acts, whereby dou- ble costs in local ble or treble, or any other than the usual costs between party and party &c acts may be recovered, is repealed, and in lieu thereof the usual costs between party and party, and no more, shall be recovered, 8 V. c. 28, s. 21. As also in any public acts not local or personal, and instead of such In general pub- costs, the parties heretofore entitled under such last mentioned acts to such lie acts double, treble or other costs, shall receive such full and reasonable indemnity as to all costs, charges and expences incurred in or about any action, suit or other proceeding, as shall be taxed by the proper officer in that behalf, sub- ject to be reviewed in like manner and by the same authority as any other taxation of costs, 8 V. c. 28, s. 22. In actions wherein the plaintiff recovers a sum exceeding £30, he shall a(,(jjg ^i ^^^g be entitled to recover costs, according to the scale by which the Clerk of the Damages e.x- Court is now guided in taxing bills of costs in actions within the jurisdiction ceedin" or not of the Supreme Court. In all actions on contracts wherein the plaiutiS' above £30 shall not recover more than £30, and in all actions of trespass not being in Tresnass &c ejectment [as to which see that title, 25 V. c. 4K, s. 13] of trover or case not £io being for malicious prosecution, libel, slander, seduction or criminal conver- sation, wherein he sTiall recover no more than £10, he shall only be entitled to costs at the rate of 6ne moiety of the said charges. Where the plaintiff os- Sett off tablishes a claim beyond £30, but the veidict is reduced by set ofl' below the limit of £30, there shall be marked on the record in Court, the amount found for the plaintiff, and the sum proved by tlie defendant, under his set off, and the balance struck and staced on the record shall be the verdictof the Jury, and the Clerk of the Court shall thereupon tax and award to the plaintiff costs according to the scale of the Supreme Court. In actions of detinue and . netinue Beple- replevin, if the value of the property involved in issne exceed £30, the plain- ^"^ tifr shall be entitled, irrespective of the amount of the verdict, to the costs of the Supreme Court, 19 V. c. 10, s. 36. In all personal actions, wherein the plaintiff seeks by his declaration fo re- cover a greater sum than £30, and Judgment is given for the defendant, or aanTscqsta the plaintiff discontinues his action, the defendant shall be entitled to full costs according to the higher scale above indicated, but in all personal ac- tions, in which the plaintiff restricts his demand to £30, or under, the defen- dant shall, if he succeed, be entitled only to costs on the lower scale, and upon every acHon so restricted, the plaintiff shall at the head of his declara tion and on the endorsement signify such restriction by the words. " Action in the second class for thirty pounds or under'' or in words of the like effect, 19 V. c. 10, s. 3r. 116 COUNTIES. costs where No person prosecuting any cause of action in the Supreme Court, which Sraiiiab£*'iS ™igl'' ^^'^^ ^f'^" determined in an inferior Court, shall recover any greater an inferior court, coats that he would have been entitled to in case he had sued in such infe- see 28 V. o. 35, rior Court ; act not to apply to causes of action, on which the inferior Court 6- 5. has refused to adjudicate. Nor shall any plaintiiT be entitled to costs, by rea- son of any privilege as attorney or officer of the Supreme Court, 22 V. c. 28. Id ejectment No more coats shall be taxed to the plaintiff in ejectment than would have been recoverable under 2j V. c. 46, unless a special verdict is found and en- dorsed on the record, that the land is of greater annual value than £12, and is produced to the officer at the time of taxation, 25 V. c. 46, s. 13. Grown entitled In all informations, actions,' suits or other proceedings, before any court to, see Customs, or tribunal, by or on behalf of the Crown against any Corporation or person 17 v. c. 2, s. 28 i„ respect of any lands or hereditaments, or of any goods or chattels belong- ing or accruing to the Crown, or in respect of any money due to Her Majes- ty by virtue of any act of the Imperial Parliament or of this island, for any public or p irochiiil service, the Attorney General shall be entitled to recover costs, where Judgment is given foi the Crown, in the same manner and under the same rules, regulations and provisions as may be in force touching the payment or receipt of costs in proceedings between subject and subject, such coats to be paid to tlie Receiver General, to the credit of the public, 26 V. S. 2, c. 15, s. 1. Posts against If in any such informal ion &c.. Judgment is given against the Crown, the tne crown defendant shall be entitled to recover costs in like manner, and subject to the same rules and provisions as though such proceeding bad been between subject and subject, provided the presiding Judge certify on the record that in his opinion the case is one in which the defendantis entitled to his cost* and the Executive Committee ahall direct the Receiver General to pay them out of any money voted by the Legislature for that purpose, 26 V, S., 2 c. 15, s. 2. The proceedings in all such suits shall, as far as applicable, be regulated by the rules of pleading and practice in suits between subject and subject, and the Judges of the Supreme Court may, from time to time, frame further rules for the practice in such cases, 26 V. S. 2, c. 15, s. 3. Litigation ot ^^ ^^ ^® established to the satisfaction of a Judge, that any plaintiff or de- suit when plain- fendant is unable to answer for the costs of a suit instituted or diefended by him, tiff or defendant the Judge shall order tliat unless security for cost* be given, the suit shall be is unable to . an- litigated by affidavits on both sides, before any Judge or before the Court, swertor costs ^^^ ^jj^jj j,g j|,,^g determined, unless the Judge or Court, upon the materials thus disclosed, see fit to refer the queation to the ordinarv mode of trials', 28 V. c. 35, a. 1. And the Judge or Court, in any action so litigated on affidavits, may suit te OT da™ award a nonauit or verdict for the plaintiff or defendant, and for such da- ages mages as the justice of the case requires, 28 V., c. 35, s. 2. If an action be instituted vexationsly without previous demand of pay- ,.n»t. nf voLhS^ '"^"' °'' satisfaction, the defendant may, on payment into court of the sum action admitted to be due, move the court, or a Judge, on affidavit, to be relieved of the costs, aud'if tJie Judge or coiu't deem it to have beien vexatiously insti- tuted without an opportunitv liaving been afforded of settling the same, the defendant shall be relieved of the coats, 28 V., c. 35, s. 3. Actions o n In an action on a judgment no costs shall be taxed to the plaintiff un- Judgment less the Judge before whom it is tried, or the court above, certify that a case of necessity for such further action has been established, 28 V., c. 3.3, s. 4. Where more ^" the taxation of costs, if more than one remedy be open to a suitor, than one remedy and he pursue the more costly course, only such costs shall be . taxed as the was open less costly courae would hava entailed ,28 V., s. 35 s. 5. No costs shall be allowed for any statements in pleadings in the Supreme statem nt "'^^^^ Court rendered unnecessary by this Act, 28 V., c. 37, a- 1. prema court pleadings Counties. Division of the island into the Counties of Middlesex, Surry, and M d Cornwall, 31 G. 2, c. 4, p. 1. > J> Boundaries . , Their boundaries shall be as laid down in Robertson's Maps, published see iSarishes ™ l^"*! ■^0 "■■ 3. "■ lo- But somewhat altered by the establiahraeni of Manchester bv •'">.') G. 3, c. 23— Metcalfe, 5 V, c. 14. COURT OP CHANCERY. 117 Court of Chancery. All Chancei-y process except attachments may be served by any person Service of pro- as heretofore, 10 Ana, c, 4, s. 24. '*'^ The Provost Marshal's fees for every commitment and releasement out , i"''?™' Mar- of Chancery shall be each 2s, 6d. (is. 6d. sterling), for serving all vyrits issu- shala fees ing out of tlie Court of Chancery, to him directed, 2b. 6d. (Is. 6d, sterling) see 8 G, 2, o. 5, s. 2 each, besides mile money, 10 Ann, c, 4. s. 8. For a bail bond on any ^YriL of attachment or other process out of the SeeSG. 2, c.5,s.2 Court of Chancery, Ss 13b. sterling) for executing a writ of ne exeatinsula, lOs. (68. sterling) and mile money, and for a bond taken thereon, 5s. (3s sterlmg), 8 Gr a, c. 5, s. 3. The Kegistrar in Chancery, and Cleric of the Patents shall continue to chancellor's collect all fees heretofore accustomed to be piiyable to the Chancellor in re-, fees spect of any proceedings, matter, or things niid, made or done in, or issuing 'out of the said offices, and render an account of, and pay over to the Ee- ceiver-Geueral all sums so received by liiin, 3 V., c, 65, s. fa. The Chief Justice shall by virtue of his appointment be an Assistant Chief Justice Judge to the Governor in his oBice of Chancellor, in the discharge of the ju- Vice Chancellor dicial functions of the office, and be called the Vice Chancellor of Jamaica, 111 v., c. 10, B. 2. The Chief Justice and Vice Chancellor, shall, as Vice Chancellor, have His powers as full power and authority to hear and determine all causes, matters, and Vice Chancellor things depending in the Court of Chancery, either as a Court of Law, or as a Court of Equity, an-l exercise all the powers, authority, and jurisdiction in all matters and thinga 'vhich the present Vice Chancellor under any law at present infoicehas, or ol' right ought to have, 19 V., c. 10, s. 9. In case of the illness or absence of the Chief Justice, the Governor may when an Assiat- appoint any one of the Assistaut Judges to discharge . his duties as Vice ant Judge may Chancellor, 19 V., c. 10, s. 14. »<* The Court of Chancery may, if they think fit, upon special motion of Subpoena on the complainant in open court in any suit concerning lands, in this island, and persons beyond any charge lien judgment or incumbrance thereon, or any money vested in the jurisdiction any Island Security, Public Shares in Public Companies or concerns in this island, or the dividends on produce thereof, founded upon affidavit and such other documents as may be necessary to ascertain the residence of the party, and the paiticnlars mentioned to identity such party and his residence, and specifying the means by which sei*vice may lie authenticated, and especially where the defendant is resident out of the United Kingdom, whether there are any British Officers, civil or military, appointed by, or serving under Her Majesty, residing at, or near the place, order that service of subpoena, or letter missive to appear and answer upon the party in_ the manner thereby directed, or in case the court deems fit upon tne receiver, steward, agent, or other person receiving or remitting the rents of the lands^ if any, in the suit mentioned returnable at such time as the court directs, shall be good ser- vice on the party, and afterwards, upon an affidavit of such service had, may order an appearance to be entered for him, at such time and manner, as the court dh'ects, and thereupon proceed upon such service as fully and effectu- ally, as if it had been duly made within the jurisdiction, 6 V., c. 56, s. 1. With the snbpoena or letter missive served under any such order a °°vv prayer of copy of the prayer of the bill shall be served on the defendant. No process ointempt pr o- of contempt shall be entered upon any such proceedings, nor any decree ^ess, So. made absolute without special order on special motion. It shall not be com- pulsory on complainant to serve with process or bring before the court any parties further or otherwise than he is now by law or the practice of the court required to do, 6 V. c. 56, s. 2. Where it appears upon affidavit to the satisfaction of the court that a Substituted ser- defendant wherever resident cannot, by reasonable diligence be personally vice. served with the subposna or letter misoive to appear and answer, or that npou enquiiy at his usual place of abode he could not be found to be served, and there is just gi'ound for believing he secretes or withdraws himself, or ab- stains from being duly represented by power of attorney, so as to avoid the service of the process of the court, the court may order that the ser- vice of the subpcena and a copy of the prayer of the bill shall be substituted in such manner as the court thinlis reasonable and directs by such order, 6. V. c. 56, s. 3. 118 OOUEt OP CHANCERY. • Recitals in'de- Any person may take an office copy of eo much only of any decree, OfflM "confes ^^i '"''^®''i report, or exceptions as he requires, and unless the court otherwise portions of pro- specially direct no recitals shall be introduced in amr decree or order ceedinga. but the pleadings, petitions, notice, report, evidence, amdavits, exhibits, or other mutters or documents on wuich they are founded shall merely be referred to. The Vice Chancellor, with the consent of the Chancellor, may make rules and regulations as to the form of such decrees and orders as he deems advisable for their proper drawing up and carrying this act into effect iu regard thereto, 6 V. c. 56, s. 4. Alteration sin The Vice Chancellor with consent of the Chancellor, may by rules or wilts, proceedings orders to be made within 2 years [from 31st December, 1842,^ make such alterations as seem expedient in the forms of writs and commissions, and the mode of sealing, issuing, executing and returning them, also iu the forais of and mode of filing bills, answers, depositions, affidavits, and other pro- ceediugs, and in the form and mode of taking discovery by answer in writ- ing, or otherwise, in the form and mode of pleading, and in the form and mode of taking evidence, and generally in the form and mode of proceed- ing to obtain relief, in the general practice of the court, with relation thereto, and in the form and mode of proceeding before the masters, and in the form aud mode of drawing up, entering, and enrolling orders and de- crees, and in making and delivering copies of pleadings an4 other proceed- ings, aud may make such regulation as to the taxation, allowance, and payment of costs, and for altering, superintending, conrolling, simplifying, and regulating the business and practise of the court, and its several officers, and otherwise for carrying into effect such alterations as to them may seem proper, 6 V. c. 56, s. 5. Rules to belaid Which rules aud regulations were to be laid before the Council and before legislature. Assembly, and have the force and effect of enactments unless either the Council or Assembly should resolve that the whole, or any part ought not to continue in force, in which case the whole or the part included in the resolutions should cease to be obligatory, 6 'V . c. 56, s. 6. Notice on judg- Whenever in any suit to obtain a decree or ordei'' for the sale of any ment, &c.. oredi- lands, or any interest therein, or for the sale or distribution of any other tors, before mai- property, it appears there is any judgment, recognizance, decree or order of ingthem defend- any court of equity, rule of a court of common law, or order of an insol- °'° ^' vent's debtors court, which would or ought to fee a charge on or in any manner affect such land or other property (see judgments, &c., 8 V, c. 48, s. 10, 14 — 16,) the plaintiff may, before the persons entitled to receive the sum appearing to be secured thereby are made' defendants, cause notice in writ- ing to be served upon them, or in case of absence from the island upon their lawful attomies (the service whereof in the same manner as a writ of sub- poena to answer is by the practice of the court required to be served shall be sufficient) apprizing them of the inslituticn and object of the suit and stating shortly the lands and property sought to be sold or distributed, and requiring the persons to whom notice is addressed, or who may be entitled to receive, or be interested in the sum secured by such judgment, &c., within 15 days after service, to cause a notice in writing to be served on the soli- / citor of the plaintiff (whose name aud place of business shall be statedatthe end of the notice the plaintiff is allowed to serve) informing him whether they require to be made defendants in respect of their demand, and stating that if they do not reply to such notice within the time they will be made In case notice defendants, and in case no notice is served by the person or persons Js not replied to claiming to be entitled, ^or interested in reply to the plaintiff's notice or or they reqime to tjjgy require to be made defendants, the plaintiff shall be at liberty to amend ant" detenu- j^j^ jjiujjy making them defendants, whichamendmentsmay be madewilh- Amendment of Out prejudice to the proceedings theretofore had in such suit, against other bill and conse- parties, and shall not be consideredan amendment within the meaning of any quences. rule, or order of the court, and the persons so added as parties, by reason of the service of any such notice by them, or in consequence of not having re- plied to the plaiutifT''s notice, shall not be entitled to be paid any costs in fclie ''°°'^' suit, unless the court by special order, or by a decree, direct costs to be paid to them, 11 V. c. 34, s. 1. Tudirment & o Judgment, &c., creditors may go before the master in the cause after cremtOTS may file decree to account, or any order made directing an account to be taken of the claims in master's debts, charges, or incumbrances affecting such land or property, whether office. such judgment, &c., is claimed to be a charge on such land or property, prior or subsequent to that of the plaintiff, and file a charge in his office in such suit, claiming the sum alleged to be due thereon ; aud every person OOUBT Ol» CHANCERY, H9 after filing such charge shall be considered a pai-ty in the suit so as to be entitled to object or except to the master's report in the same manner as if he had been made a party by the service of pl:oceS8, 11 V. c. 34, s. ii. In every, decree by which an account of debts or incumbrances is di- Masters to m- rected, the Registrar shall insert a direction to the master to' report the rela- portthoveiativo tive priorities of the demands which may be proved under it, or by virtue pI-ov"/b6for» S! of this act, before him, and the master shall report such priority accordingly, whotiorsoairooteii (altliough such direction is omitted) ; and when any surplus of tie produce of """'liy thodocvoo any sale, after paying the plaintiffs demand and costs, and any costs that may be awarded to defendants or creditors, and the demands prior to, or contemporaneous with that of the plaintiff, remain in court, the same shall be distributed among the creditors who may have proved their demands in the saios ana disti-i- cause on any judgment. &c. subsequent to that oiFthe pIaintiff,apcording to the fltofra'caiSrs sub- respective priorities, if the court so order ; and any creditor, so proving a de- sequent to plaintiff. mand subsequent to that of the plaintiff, may, in case any part of the lands or property, the subject of the suit, remains unsoldafter discharging the plain- tiff's demand and aU demands prior thereto, and any costs decreed or or- dered to be paid, apply to the court for an order directing a sale of such unsold lands, or of a competent part for payment of the demands sub- sequent to that of the plaintiff, Avhioli have been proved, and the court may accordingly direct such sale if of opinion that such creditors or any of them would be entitled to have their demands raised by a sale of such lands or property, or may direct a receiver to be appointed -or continued over such Kecoivcraof nn- unsold lands or property for the benefit of such subsequent creditors, and '"" ' distribute the funds to be received by such receiver accordingly, 11 V. c. 34, s. 3. If the plaintiff does not cause notice to be served, and without serving costs oforoooa the same, makes any pei-son interested in or entitled to such judgment, &c., sionodby makmg a party , he shall not be allowed, without a special order or decree, any portion CMaitora" "defena- of the costs occasioned by making him a defendant, .and shall be liable if the ants without notice court so direct to pay the costs of such party; and any other costs occasioned Service of notice by making him a defendant. The plainiitf shall whenever any notice is tobefiioa. served by him, cause an affidavit of service to be made and filed within two months after service, 11 V. c. 34, s. 4. In any suit already instituted, creditors as aforesaid may without answer- ■ ing or appearing at the hearing, go into the master's oflice in manner and oJaitorf '"n" exiat- for the purposes aforesaid, andthis act shall extend, as far as circumstances log snitss will permit, to any such creditor, and any costs unnecessarily occasioned by either the plaintiff requiring an answer, or the creditor putting in an answer or appearing at the healing, or otherwise, shall be in the discretion pf the court, in order to be thrown upon the party by whose act it is occasioned, 11 V. c. 34, s. 5. . To diminish expense in the inrolmenl of decrees and orders, no pai't of the statements or allegations in any bill, answer, petition, affidavit or re- nroiments. port shall be recited or stated in any inrolment, but it shall be sufficient to state therein the filing of the bUl or petition, or service of the notice of mo- tion, the names of the parties, the prayer of the bill or petition, or notice of motion, the filing of the several answers and other pleadings or proceed- ings and reports, whether confinned or not, and the short purport or effect of any decree or order made, had, put in, or taken before the date of the de- cree or order inrolled tind leading thereto, 14 V. c. 52. In any case where a suit is now pending, or may be Instituted in the i.|,ii,i„,ig „ay. bo Court of Chancery, by way of bill or information, any person who would substituted for b'liis have been entitled to file the same may apply to the court, by petition, for the relief which might have been prayed for by such bill or informatioii, „t„oiioo and service of notice of such petition shall be made, as after provided, upon ="'™''- "" ° ■ such persons as the petitioner thinks fit, but with power to the court, from time to time, to direct any further service of the same, and service of such notice being made, the person served sliall from the time of service become a party to the proceeding, and be bound in all respects thereby in the. same manner as if a bill or mfOTmation hud been filed and the person had appeared to a subpoena to appear and answer, 15 V. c. 16, s. 1. 120 Jurisdiction on petion so extenaivo with tliat on bill Applications to stay proceedings on petition, and for the institution of a suit in the ordi - nary way— costs security Veriflcation l)y nffldavit Interrogatories to be onBvrerod Kespondenta cn- terrogatorlos to petitioners When leave of the conrt required to file interroga- gories Answers to en * terrpgatories, in forcing same cb joctions to tmswer ing. COURT OF CHANCERY. The court shall-havein any matter brought before it, upon petition, tlie same jurisdiction, powers, and diaeretion as it could have exercised in a suit by way of bill, or information, and the same powers for enforciuis; the production of documents required for the purposes of the suit, as if a bill or a crossbill had been filed, and all orders in any snch matter "may be made in the same manner, whether on motion or otherwise, and have the_ same authority and eflect, aud may be enrolled in the same manner, and be binding upon the same persons, under whatsoever disability they may be, and may be enforced by the same or any such process, and be subject to re-hearing aud appeal in the same manner as if made in a suit so instituted, and every order m the nature of a decree shall have the same effect as a decree; and every petition presented under this Act shall .have the same effect in mak- ing any infant a ward of court, as a bill flied in the matter ; and every such petition shall have the same effect as a bill in equity, as well with respect to general proceedings as with respect to proceedings for redemption under Acts relating to ejectment for non-payment of rent, and in suits to foreclose mortgages, and to perpetuate the testimony of witnesses according to the rules and regulations now in force or in use, in respect to depositions_ taken in such suits, 15 V., c. 16, s. 2. If any person interested, or claiming to be interested, in the matter of any such petition, or whose rights maybe injuriously affected by the order to be made on such petition, desire the relief sought in a suit to be prosecuted in the ordinary way, he may, Bt any time, apply to the court, upon motion in a Bummiuy way, for an order directing thatthe matter of such petition or any part thereof be not further proceeded with under this Act, or tliat a suit with respect thereto may be instituted or proceeded with in the ordinary way, and thereupon the court shall make such order as is just ; but the costs of all parties to be occasioned by any snch application, shall (except so far as the court otherwise specially directs) be paid and borne by the person applying, and the court may, by any such order, require such security as it thinks nt to be given by the applicant for answering the additional costs, if any, to be occasioned by reason of such suit or other proceeding being instituted — 15 V„ c. 16, s. 3. Every petition shall be verified by affidavit annexed thereto or sub- scribed at the foot thereof in the form, or to the effect in Schedule — 1.5- v., c. 16, s. 4. Upon presenting such petition, the petitioner may annex to his petition interogatories to be answered by the respondents, or such of them as he re- quires to answer tlie same, or he may, with leave of the court after men- tibned, file such interrogatories at any later stage of the proceedings —15 v., e. 16, 8. 5. The respondents may annex to their affidavits in answer, or may other- wise file interrogatories to be answered by the petitioners or any of them, touching the matters alleged in such affidavit or petition, and that whether they fills a cross-petition or not, or they may file intorogatories at a later stage, 15 v., c. 16, s. 6. Except as may be otherwise provided by general orders, no such intero- rogatories shall in either of the cases last mentioned be filed without leave of the court first obtained upon motion or petition, supported by affidavit, and which may be made exparte or otherwise as the court may direct — 15 V., c. 16, S.7. Until, and except so far as shall be otherwise provided by any rule or order the practice as to answering and enforcing an answer to such interro • gatories, shall be the same as upon a bill or cross-bill filed, except thatthe • answer shall be taken in the same Avay as an afiidavit. The person required to answer any interrogaties shall, on being served with a copy, be subject to the same obligation as to answering, and the court may exercise the same powers for enforcing snch answer, and the production of documents therein referred to, as if a bill or cross-bill had been filed against such person, and he had befen served with subpoena to answer the same, and had appeared thereto, or an appearance had been entered for him under 6 V., c.56, s. 1, (sup). Every such person shall be entitled to the benefit of the same, or the Uke objection to answering any such interrojoatories as he might have insisted on, by way of plea or demarrer, in a suit instituted in the ordinary way — ]5V.c.16,b;8, COURT OF CHANCERY. 121 Every petition sliall be entitled " Cause petition under the Court of Title of potition Ciiancery liegulation Act, 1851," and shall be heai'das causes are now heard, Joai„gs'"* '"°' and every such petition , and all affidavits and interrogatories and answers to interro^toi'ies in the matter of any such petition shall be hied in the office of the Registrar, as bills and answers are now filed, and such petitions, af- fidavits, and answers shallbe bound up in books, as bills and pleadings are now entered, subject to such regulations and orders as the court shall make 15 v., c. 16, s. 9. Any person (the dii'ection of the Master in the case of persons under Petitions by w>y disability, as after directed, being first obtained) may present a petition "f n'ociai case to the coui't, stating any documents, facts, or circnmstances relating to any matter falling within the jurisdiction of the court by way of special case, and praying for the bpii-ion of the court thereon, and the court shall give judgment on such petition, which shall bind all such persons as the court shall direct, and, in default of direction, all the persons who presented it, and have the same effect as a declaration made by decree in a snit to which they were parties, and shall be subject to rehearing and appeal as other petitions under this act, and where the opinion of the Court is desired in any matter in which any infant, idiot, lunatic or married woman is interested, the master in rotation shall direct the presenting of the petition by way of special case on behalf of such infant &o,, which dneclion shall be couclosive 15 Vic. c. 16 s. 10. Every such special case shall concisely state such facts and do- cuments, as may be necessary to enable the Court to decide the ques- tion raised, and at the hearing, the Court and parties may refer to the whole contents of such documents, and the Comt shall be at Ubertv to draw from the facts and documents stated, any inference the Court might have drawn therefrom if proved in a cause, 15 Vic. c. 16, s. 11. The Court may, in any suit or in any matter pending or being heai'd before it, or in any examination or investigation before a master in ordinary, direct i-'iaenco how to the whole or any part of the evidence, whether given by the partfes or any ° " '"' other person, to be taken either viva voce on oath before tlie Court or master, or upon affidavit, instead of upon interrogatories or in addition to interroga- tories, or may direct further express and specific interroga,torieB, to be answer- ed by any petitioner, ret^pondeat, or witness, or in addition to an examina- tion upon interrogatories, and the Court shall exercise all the powers for en- forcing the attendance of any witness in whatever jiart of the island he may reside, to be examined before the Court or masters in any such matters, as it might exercise for enforcing attendance to be examined upon interrogatories accoiding to the ordinary practice 15 Vic. c. 16 s. 13. In taking accounts for the admininistration of the estate of any deceased uieoutois may person, debts may be proved before the Master by the executor or adminis- prove debte, coats trator. If any creditor, after notice of such proof having been made, attempt fabmS'"''!' uigc'r to establish any larger amount, the same shall be at the peril of any costs- amount which may be awarded against him by the master, 15 V., c. 16, s. 13. Service of notice of any petition, shaU, until and except as may be other- soivice of noiico wise provided by general order, be subject to the same regulations as apply ofprooeeaiogs to the semce of a subpoena or letter missive in any suit, and the court shall have all the same powers with respect to ordering the service of notice of g^^ g y „ ^ ' any such petition out of the jurisdiction of the court, or otherwise, as under any Act, or by the constitution of the court, it has, or iTiay exercise with re- spect to the service of aeubpcena or letter missive in a suit instituted by way of bill or information, but after such service all other services with re- spect to any matter pending under such petition or consequent thereon shall be made upon such persons and in such manner as the court shall di- rect, and with respect to persons who have absconded or cannot be found, shall be sufficiently made by such advertisement or publications as the By aavcrtise- court may direct ; and every such service, advertisement, or publications, so mont directed by the master shall be valid and conclusive, to the same extent, and in the same manner, and upon, and against the same parties or persons as the service according to the practice of the court of any subpoena i""— missive, or petition in equity would have been, 15 V., c. 16, s. 14. The Court may direct the consolidation, or make other order for ( on together of any two or more proceedings relating to, or connectt the same trust or estate, whenever such order appears expedient e. 16, B. 15. 122 COURT OF CHANCERY. If any tranemiBBioii tnke place by death, marriage, or otherwise, of the interest ot any party to any proceeding, whether by bill or information in the ordinary course, or under this Act, any party interested may bring, be- fore the court the person to whom tbe interest has been transmitted either by apetition or suggestion at the foot of the original bill, information, or petition, and notice to such person, and service of sucli notice being made, he shall, from the time oi service, become a party to such proceeding, and be bound, in all respects, in the same manner as if an order for revivor or a supplemental decree had been made, without the necessity for any order of revivor or supplemental decree. If the person served be under disability, the matter shall be specially brought before the court by affidavit, and the court shall thereupon make such order as is just, 15 V,, c. IG, s. 16. The Vice Chancellor, with the consent of the Cliancelloi: may, from time to time, make and altei', and annul general orders for carrying the purposes of this Act into effect, and legulating the practice thereunder, and the duties and powers of receivers, and the allowance to be made to them for ensurmg the better and more efficient management of estates under the control of the court, 15 V., c. 16, s. 17. Which shall be laid before the Council and Assembly immediately after the making and issuing thereof, if then sitting, if not within five days after the next meeting, 15 v., c. 16, s. 18. Tcndingsuits In auv Buit or information now pending, on the application of parties, or either of them, plaintiifs or defendants in the cause, upon motion or petition with 'due sei vice, the Vice Chancellor may extend the provisions of this Act, BO far as may be applicable to proceedings in such manner as may be provided by general orders, 15 V., c. 16, s. 19. Short Title, — The Court of Chancery Regulation Act, 1851 — 15 v., c, 16, s. 20. Interpretation " Persou" shall include Corporation, and the Attorney-General, in the case of Charities, or of information at the suit ol the Crown, 15 V,, c. 16, b. 21 Proceetlinga i trail smiflsion of i terest Persons under tiisability Goncral orders To be Iiiitl beforo the Council (incl AssomlJly Affidavit iu ve- rification of cause petition, s. 4 Conveyances on mortt^ag-es by in- fnnta of lands charged with debts Ol' logncios by or- der of court See with refer ence to the neces- nityof conveyances 28, v., 14 Conveyances, &c of devised lands in settlement, charged with debts or lega- cies under decree SCHEDULE. In the matter of the petition of — I, A. B., the petitioner in the above wiitten (or annexed as the case may be) petition, make oath, and say that so much of the above written (or annexed as the case may be) petition, as relates * to my own acts and deeds, is true, and so mnch thereof as relates to the acts and deeds of any other person, I believe to be true. Sworn, &c. ^ _ , In suits for the payment of any debts of any person deceased, to which their heirs or devisees may he subject or liable, or of any legacies bec[ueathed in any will, and (hereby charged upon, or made payable out of any real es- tate, where the court decrees tlie estates liable to sucb. debts or legacies, or any of them to be sold, or any of such charges to be raised by mortgage of any such estates, and by reason of the infancy of any such heii' or devisee," an immediate conveyance thereof, or charge thereon, cannot, as the law at present stands, be compelled, the comt may direct, and if necessary compel such infants to convey or charge the estates so to be sold or mortgaged oy proper assurances to the puf chasers or mortgagees as the court shall direct, and every such infant shall make such conveyance or mortgage accordingly and the assurance shall be as valid and effectual as if the person were at the time of executing, 21 , 18 V., c. 58, s. 2. Where lands ai'e devised in settlement by persons whose estates are* liable to the payment of their debts or legacies, whereby such devise is vested in any person for life ot other limited interest with any remainder, limitation, or gift, over which may not be vested, or may be vested in some Eerson from whom a conveyance or other assuratice cannot be obtained, or y way of e.xecatory devise, and a decree is made for the sale thereof, or for raising a sum of money by mortgage thereon, for the payment of Buoh debts or legacies, or any of them the court may direct .any such tenant for life, or other person havmg a limited interest, or the first executory devisee thereot, to convey, release, mortgage, charge, assign, surrender, or other- wise assure the lee simple, or ether the whole interests so to be sold, or charged to the purchasers or mortgagees as the court thinks proper, aivd every such conveyance, &c.| shall be as effectual as if the person who made the same were seized of the fee simple or other whole estate, 18 V. c. 58, e. 3. COURT OF CHANCEEY. 123 When any sale or moi'tgao;e is made in puvsnance of this act the suiplaa Sarpiiis monies sc if any of the monies raiBea after answering the purposes for which tliey '""'J". 'i"™"""""''' were raised, and after defraying all reaeonable costs and expenses, shall bo considered in all respects of the same natnro, and descend or devolve in the same manner as the estate or the lands so sold or mortgaged, shall belong to the same persons, be subject to the same limitations and provisions, and be applicable to the same pui-poses as such estate or such lands would have belonged, and been subject and applicable to, in case no sale, &c., had been made, 18 V. c, 58, s. 4. Where any infant directed to execute any conveyance, &c., is of tender infants of tender years, and unable to execute the same, the court, on due evidence of such yems. fact may direct the Registrar, or In his absence any other person the court thinks proper to appoint in the place of the infant, to execute the same, and the assurance shall be as effectual as if the infant had executed it, 18 V c. 58, s. 5. All monies part of the funds of any suit or proceeding in or appropria- ciiancerj- f u n d • ble by the court shall be paid by the party liable uito the Public Treasury, nooonnt to the " Chancery Fund Account," to the credit of the particular suit or proceeding, subject to the orders of the comt, 27 V. S. 2, c. 3, s. 1. * No person shall pay or advance to any master or officer, nor they receive No p a yment t o from any -person on account of fees or costs, any money, part of the funds, mn*tcr or otBoer. except under'an order from the court for the purpose, but the same shall be paid directly into the Treasury by the person to pay, 27 V. S. i, c. 3, s. 2. The court may, in such way as they think fit, obtain the assistance of Accountnnts, cn- acconntants, engineers, surveyors, actuaries, and other scientific persons, the gincers, &o. better to enable it to determine any matter at issue, in any cause or pro- ceeding, and act upon their evidence »r certificate, 27 V. S. 2, c. 3, s. 3. Their allowances in lieu of fees shall be regulated by the taxing master, subject to an appeal to the court, whose decision shall be final, and sliallbe taxed as costs in the cause, 27 V. S. 2, c 3, s. 4. Where the matter in dispute or corpus of the estate (Joes not exceed in costs, property' value £200, the court may order costs to be taxed at the rate of one moiety not exceeding .£200, of those aUowed to masters and solicitors, 27 V. S. 2, c. 3. s. 5 ^»° ^ ^- "■ ^' ""'• For simplifying and cheapening the procedure in Chancery, petitions of side b«r mies, coui'se and orders thereon are abolished, and the pi-actice assimilated to that substituted for pe- at common law, by filing in all such cases, side bar rules, with the Eegis- titions of course. trar, embodying the terms of such orders, as on petitions of course would have been entered up, 28 V. c. 36, s. 1. Which shall be engrossed on the size of paper prescribed by the rules of To bo engrossed the court for interlocutory proceedings, and the Eegistrar, if the rule be in p?ocMdiuL'°pap°e7 form, shall subscribe his name thereto in affirmance, and it shall be filed and signed by the Re- operate as an order in terms of the rule, 28 V. c. 36, s. 2. f ' e'rat'eTs'^aSorfef Where the value ofthe subject matter of a suit is below the amounts under scales of fees in stated there shall be charged by Attorneys, Counsel, masters, and others de- respect of taw value riving fees therelrom,the proportion of costs specified in the nndermentioned ^Vof sui?""' ""' scale, viz. : — Where of or below the limit of — £50— one fourth of the fees now payable, and causes in this class shall be styled as of the fourth class. £100 — one third of the fees now payable, and causes in this class shall be styled as ofthe third class. ■ £150 — one half the fees now payable, and causes to be styled as of the second class. Causes above that value shall rank as of the first class, and entitled to the full scale of charges, 28 V. c. 36, s. 3. The stamng on process within the scale shall also be abated proportion- ably in the above mtio with regai'd to fees, 28 V. c. 36 s. 4. .,;^^J^f n. e n t on If a suit instituted in any particular class is found at any stage to apper- tain to a higherclass, the same shall not beaflfected, but the parties (unless the „„rt°of 'addi°ion°ai court order the same to be borne exclusively, or iu certain proportions by stamps on transfer parties in defeult) shall, on demand of the Eegistrar, make up the difference of °f„^ ™" '° " '"s''"' stamps in respect of all papers and proceedings filed or taljen by tlieni in the cause as after mentioned, i'S V. c. 36, a. 5. 124 COURT OP ORDINAEY. oii'a sntism o'u b°* ■"'^^ additional Btfimps to be exacted shall be impresBed on a satiafaction piece to "o entered piece to be signed and entered up by the Kegietrar mthe cause, stating the "P- transfer of the suit ftom one class to a higher one, and the sum payable in respect thereof, and the amount of stamps impressed on the satisfaction piece, 28 V. c. 36, s. 6. The additional stamps shall be allowed tothe parties on taxation, 28 V. c. 36, s. 7. Surplusage, e n- Either party to a suit may, by motion, compel the opposite party to ex- forcBniont^ of I) r e- pnnge all Unnecessary sui'plusage or impertinencies, and if the charge be es- tabhshed, the court shall refer it to the Registrar to strike out unneces- sary allegations, and ia order to enforce brevity in the proceedings, the Ee^trar, on tlie taxation of costs, shall have due regard to the rules against prolixity, and disallow all charges incurred by their violation, 28 V. 0. 36, B. 13. Authenticated On a decree for Sale oflauds, an authenticated copy of the order of con- copy of o r d e r of firmation of the sale, under th e seal of the court, and stamped with the adva- t°odiv"«t'th?e°tates 'orem duty, as on a conveyance, shall be suffioientto divest the estate of all of parti e s bound, parties to the Buit withiu the jurisdiction, and bound by the decree, and to the'purciiDscr'" ' " ^'^^^ ^^^ same ill the purchaser, according to the terms and limitations to be embodied in the order of confirmation of sale, 28 V. c. 36, s 14. When a J u stioe ^^ pai'islies where there is not to be found any master to discharge the may discharge the ministerial functions of Buch office, the same may be discharged by any Jus- ,"™l",?J'»'ln«°" tice of the Peace, 28 V. c. 36. s. 12. A tions 01 a master. ' ' Conrts of Common Pleas and Quarter Sessions. A b 1 i tion of . T'^^ offices of Chairman of Quarter Sessions, and Chief Judge, and the Courts and their judicial functions of the Assistant Judges of the Courts of Common Pleas abo- iurisdiction trans- lished, and the judicial powers, duties, and authorities of the Chairmen and nmi'oircuit coiTrts' Judges of Such Courts determined, and their jurisdictions, powers, and rights, transferred to the Supreme and Circuit Courts, 19 V. c. 10, s. 17. Court of Ordinary. Chief Justice . The Chief Justice as Vice Chancellor shall sit with the Ordinary of this surrogate. island as Surrogate thereof whenever required, 19V. c. 10, s. 10. Assistant Judge In case of his illuesB Or absence, the Governor may appoint any Assis- ivhen to act. taiit Judge to discharge the duties of Surrogate, 19 V. c. 10, s. 14. Rules and orders. The Ordinary may make and enforce rules and orders in the court for regulating the mode of proceeding, and the practice to be observed in all business to be done in the court, 6 V, c. 55, s. 1. Attachment. And may enforce by attachment, under his hand and seal, to be directed totheProvost Marshal, all orders and decrees he shall establish or declare in all causes or proceedings in the Court of Ordinary, 6 V. c. 55, s. 2. cmij, ' And may decree and direct the payment of costs by the party who, in his opinion, ought to bear the same, and the order for payment of snch costs (which are to be taxed by the Clerk of the Court of Ordinary) shall be en- ■ forced by attachment under the hand and seal of the Ordinary as before directed, 6 V. c, 55, s. 3. c o mmiBsions to '^^^ ^ourt may order commissions to issue for the' examination of wit- cxamine witnessee nesses On oath, at places out of this island, by interrogatories or otherwise, abroad. j^^^ j,y jjjg gj^^g qj. gxibsequeut Orders, give such directions, touching the time, place and manner of such examination, and all other matters and cir- cumstances connected therewith as may appear reasonable, 6.' V. c. 55, s. 5 _ In case of any will or testamentary paper, propounded for probate in impeaohtteTai" Solemn form, or of any will or testamentary paper admitted to probate in dity of wills. common form, any person, having an interest in tue estate forming the sub- ject of such will, or asserting the right of the Crown by escheat, by sanction of the Attorney General, may, by petition on oath, supported by such affida- vits as he maybe liable to obtain, impeach the will or testamentary paper ' so propounded for probate either in solemn or in common form, or so proved in common form ; and if in the opinion of the court, and upon the petition and the affidavits in support, and in answer to the application there does not ap- pearsufficient and eatisfactory evidence to substantiate and uphold the exe- cution and publication of the testamentary paper, and the court deem fit, they may proceed in either of the modes after prescribed) 18 V. c, 34, b, l. COUET OP ORDINARY. Jgg The court may, in the case of auy contested will or administration, pro- Prooeedineiibyam- ceed to determine fclie questions in dispute or in issue upon affidavits, or un- oon."'„ /'""°'°»- der a commission or commissions upon interrogatories and depositions, and mission, or by ™^' examinations in writing, and upon oatli liefore a commissioner or commis- ^''"'- EM'nination aioners appointed by the court and named in ihe commission, according to nl,?S^""m{oia^l the rales ol .the court, or the court may examine viva voce and on oath be- ottena'ance. ' fore the court, the parties, and all witnesses or such of them as it deems ne- cessary or directs, and shall have power, from time to time, to issue sum- monses for, and to enforce the attendance of all parties or witnesses before the court, and any commissioner shall have the lilie powers of issuing sum- monses for enforcing the attendance of the parties and witnesses, and a dis- obedienceio any summons shall involve the penalties of a contempt of court ; bitt every witness bJfore he is liable to he proceeded against for a contempt shall have had his necessai-y expences paid or tendered, 18 V., c. 34, s. 2. Instead of disposing of the questions before it, the court may, in its die- Direction of an cretion, direct an issue to a court of common law to try and determine the '""« "> « oourt of fact of the due execution or otherwise of any testamentary paper in ques- JrilSTrnhM/oiT' "f tion, and, together with an attested copy of the order directing such issue, omor and Mstit- Ihe clerk of the court shall annex and" transmit the testamentary paper- in SJg""^^ '"''""' '° issue to the clerk of the court of common law to which the issue is directed, ^^ to be kept among the records of his olfice for inspection and reference by the parties and tlieir witnesses, and for exhibition and production to and be- fore such court at the trial of the issue, 18 V., c. 34, s. 3. The issue so directed shall be the only record necessary before the .i^^""*, ""'" *", ^f court of law, and if directed to the Supreme Court, the issue shall indicate indicntj th'e ooumjr the County (Circuit C'^nirt, 19 V. c. 10) in which the same shall be tried, for trim, una who- and whether by a spec, I or a common jury, and the filing thereof with the common jury''" " Clerk of the Courun va-.a'.'on shall be sutticient to entitle the parties to proceed to trial thereon, as if it had been iiled in the preceding term of the court, 18 V. c. 34, s. 4 Together with the verdict of the jury and the record of the issue di- itotum to the rected, there shall be returned to the Court of Ordinary the notes of the Court of Ordinary evidence taken by the judge presiding at the trial, with his opinion as to the gj,""^ ^„°',ri2i "■ propriety or otherwise of the verdict, and unless any points are reserved for argument in the coirrt of common law before the judges of that court, such return shall be made forthwith after trial, IS V., c. 34, s. 5. The court of common law, where any point has been reserved, may Award of new award a new trial of the issue as in other cases within the jurisdiction of tnui by common com'ts of common law, and upon the final determination of the issue, the law court procead- evidence and proceedings at all the trials which have been had shall be cer- Ke'turned'Si' the tified and returned into the Court of Ordinary, 18 V., c. 34, s. 6. Court of Ordinary All the powers and authorities exercisable by the courts of Common •law incases within their ordinary jurisdiction may be exercised in the matters so referred to them, 18 V., c. 34, s. 7. Notice of trial may be served by either of the parties to the issue upon N^ti^, „f ,,i„,j the other, within the tune and according to the rules of the court of law in which the issue is depending, 18 V., c. 34, s. 8. Upon the return being made to the Court of Oidinary, final judgment Final judgmant may be awarded by such court, and the costs of all proceedings in the suit, and of the issues shall be in its discretion, 18 V., c. 34, s. 9. The frame of the issue and of the return may be in the form or to the Forms effect following : — In the Com-t of Ordinary ? A. vs. B. of Jamaica, J In a cause Testamentary Between I A, of , claiming as (" relator on behalf of the Crown, and with the sanction of Her Majesty's Attorney-General" " as one of the next of kin of, &c." " as the heir-at-law of &c." or as the case may be) the promovent and C B, of , the Executor named in the paper writmg here- unto annexed, piu-porting to' be the last will of L. M., late of &c., deceased (as the case may be) the respondents On motion and prayer of Mr. of Counsel with the (respondent,) 126 COURT OF ORDINARY. It ia ordered that an issue be directed (to the Supreme Court of Judica- ture,) and it is hereby accordingly directed to the said court to try and deter- mine by a (common or speeialjury, as the case may be, of the County of tiih'w'v' "lo"" [whether the paper writing hereanto annexed, marlied A,] or if ' "' more than one describing and distinguishing them) was in due form of law, executed and published by the said deceased L M as, and for his last will ^ and testament, and the question (or " questions") for the opinion of the court and jury is (or " are'') First whether &c. Second whether &c. True copy, W. G. S. Clerk of the Court of Ordinary, L. S. FORM OF THE RETURN THERETO. In the Supreme Court A. vs. B. in a cause testamen- tary between &c. (as in the issue directed.) Pursuant to the issue directed from the Court of Ordinary of this island, to this Court, the same was on the day of 18 tried before a common (or special) Jury of the and upon such trial the following evidence was given and received : Here set forth the notes in extenso of the Judge, trying the cause with all documentary evidence, other than the testamentary paper or pa- pers in issue. And upon that evidence, the Jmy were thus charged by the presiding Judge set forth the charge. And upon that evidence, and upon that charge (if any, the following ex- ceptions were tendered by the Counsel of the respondent or promovent, and upon the exceptions to his charge, the presiding Judge, directed the Jury that &c or refused to charge the Jury, as required in the exceptions) whereupon the Jury by their verdict found unanimously (or by a majority of nine to three, as the case may be,) 3«« new Title; ■'<»» Fii-st>±-That &c. Second— That &c. And afterwards to wit; at a Supreme Court, held on the first Monday of upon the pomts, so j as aforesaid reserved at the trial, (as the case may be) a motion for a new trial was made, and (after argument granted, refused or discharged as the case may be.) (If a new trial was granted, proceed, as before, to set forth the proceed- ings thereon.) And the said presiding Judge, doth report the verdict of the Jury to be a correct and proper verdict (or oUierwise as the case may be.) The foregoing is a true and correct relnm to the issue directed to the Supreme Court of Judicature of this island, by the Court of Ordinary of this island. Given under my hand and seal of the said Supreme Court, this day of Annoque Domini, 18 A.B. ClerhL of the Supreme Court, 18 V. c. 34, b. 10. As the 19- V. c. 10, has abolished the Courts of Common pleas, issues can now only be transmitted to the Supreme Court for trial at the Circuit Courts established by that act. COURT, SUPREME. Court, Supreme, . ..'^^^^ Judges of the Supreme Court shall have cognizance of all pleas, civil, criminal and mixed, as fijUy to all intents as the Courtsof King's Bench, Common pleas and Exchequer in England have or ought to have, 33 C. H, And shall have authority and Juiisdiotion, as fully as the Court of Bx- cheouer in England, to hold pleas on the Equity side thereof, in all matters touching Her Majesty's Revenue, imposed or to be imposed by any law of thisisland,17G.3, c. 27. The Judges shall be empowered to make, order and establish, all such rules and oi-dei s for the more orderly practicing and proceeding in the Court, as fully to ail intents and purposes, as all or any of the Judges of the Courts of icing's Bench, Common pleas, and Exchequer in Englandlegally do, 33 C. 2, c. 23, 8.4. And that no person shall be damnified by mistake of his lawyer, for matter of form oply, the Judges shall, at all times on motion made in Court, order amendments, and shall not upon arrest of Judgment or writ of error, for matter of form only, reverse any Judgment whatsoever, 33 C. 2, c. 23, s. 5. All summonses shall be delivered to the party, or left at their dwelling, 14 days before the Court, by a sworn marshal, otherwise it shall be deemed no service and the defendant by it not bound to appear, and all replevins. Foreign Attachments at the Supreme Courts and arrests be served at any time as heretofore, 33 C. 2, c. 23, s. 10. For the future all summonses, issuing out of the Supreme Court, against any persons in Port Royal, shall be delivered 14 days before each Court, as in other pariehesj otherwise the same shall not be allowed sufficient service, 8 G. 2, c. 5, s. 16. Upon summons duly served, and defendant not appearing. Judgment shall go by default, provided the Provost Marshal, or hislawful deputy, shall appear in open Court, and there depose upon oath that the parly against whom Judgment shall go by default, has been legally summoned, four- teen days before the court, 33 C. 2, c. 23, s. 7. Any Judge may hold a court to call over the list and establish the ser- vice of actions, and to transact that particular business and no other, 19 V. c. 31, e. 1. All actions that may by law be brought in the Supreme Court shall be brought and filed there, and the declai'atiou shall have the name of the county in which the cause of action arises endorsed on the back of the decla- ration, and wrote also in the margin, and such process service and proceedings be had and held upon such actions as now are, until judgment obtained by demurrer, default, nil dicit non sum informatus, or otherwise, or until issue is joined on the same, 31 G. 2, c. 4, s. 5. The Judges may, upon proper cause shewn either by the plaintiff or de- fendant, direct the trial of the caase in which the ap|ilication is made to be had in any other county than that in which the venue is laid, 34 V. c. 65, s. 25. In all actions, for tne recovery of money seemed by any bond, bill, note, or other negotiable security , the plaintiff may lay the venue in any county, although the cause of action arose in another, 8 V. c. 28, s. 8. The venue in all actions shall be transitoi-y, and shall be laid in the mai'- gin of each declaration , and of each copy thereof, and be endorsed thereon respectively, and the 31st 6. 2, c. 4, and all other acts, or parts of acts inconsistent herewith, as to the places of trial of all causes of action, whether local or transitory are repealed, provided that before trial the Supreme Court shall on suflicient cause shewn by a defendant, and after trial on suffi- cient cause shewn by either plaintiff or defendant, bring back or change the venue in any action, 22 V. c. 39, s. 4. In all cases of criminal prosecutions, the Judges may, on application either on behalf of the crown or of the accused, and on good cause shewn, change the venue and remove trial from any one [Circuit] Court to another, 22V, c. 39, s. 3. All informations on actions, for the breach or violation of any act of Par- liament or of this island relating to trade and navigation, or for laying any duties and customs on the importation of any goods, wares, and merehanaize, 12t Rules and orders Amendment!, Bee 37 V. a. l,c. 14, all, 88 V c. 3T, s. 3 Serrlce of procert Port Royal Of summons to 1)8 sworn to. Default For service in-vtica- tion. Bee S V. c. 2S, S. !Z0 Eatablifihlng B«r- Tlce. Venue & change of venue. Change of. Negotiable securi- ties. Transitory in all actions. Bringing baclt or change of venue. In criminal prose- cutions. Informations lia- ble in the Supreme Court onl)^> £c. 128 COUHT, SUPREME. and all infoimatiouB for land under the "Quit Rent Act," and all escheats shall be tried in the Supreme Court only, 31 G. 2, c. 4, s. 13. * Customs, duties, AH suits Or proceedings at the suit of the crown for the recoveiy of any duty or penalty, or the enforcement of any forfeitui'e under any act relating to the customs, may be sued for in any court of law, or equity, or in the Court of Vice Admu-alty, in the name of the Attorney Generator of some officer of Customs, (see Customs) 17 V. c. 3, s. 28. Froua», ic, i n In cases of Judgment, in civil suits, in the Assizes, the Supreme Court Assizes. ' " shall have cognizance of all complaints of fraud, surprise, or in-egularity, or for any other matter for which cofljplaint may be made in tlie Supreme Court, in cases of judgment given in the Supreme Court itself, in like man- ner asincasesof judgment given in the Supreme Court, such complaints not having come under previous discussion or decision in the Assize Courts of Surry or Cornwall, 44 d. 3, c. 22, s. 1. Judge in ciiambers *-*'^® °^ ^^^ Judges during the sitting of the court shall attend in the office of the Clerk of the Court, or at some other convenient place in the town of St Jago dela Vega, daily, or as there shall be occasion, to dispose of all mo- tions of course, and such other matters as are disposed of by the Juages of the Queen's Bench in England in Chambers, 3 V. c. 65, s. 12. All motions for new trials, or for liberty to enter or set aside a nonsuit, trials, OTto set aS shall be made before the Judges of the Supreme Court and not elsewhere, nonsuit. ,3 V. C. 65, s. 21. Such motions shall be made within the iirst 4 days of the sitting of the 3 days notice in Supieme Court next after the trial of thfe cause in which the motion is made, KiJi'eSton Courts 'iS aud not afterwards, and no notice of such motion shall be necessary in the January, 28 T. c. 33 Assizes, provided 14 days notice of such application is given to the opposite court.^°° " ' ' "''" party, previous to the Supreme Court, next after the trial, 3 V. c. 65, s. 22. „ ^ ^ Writs of Certiorari shall be moved for before and made returnable into or loron ^j^^ Supreme Court, and not elsewhere, 3 V. c. 65, s. 23. The Judges may maKe aud establish, aud alter, amend and rescind rules it'i" to b'^'^d" for the return forthwith, after service, by the Provost Marshal and his depu- for enrorcing. ""' " ties, of the. service of actions, and for establishing such services before^ Judge in vacation, and requmng the entering of appearances, and the pleading there- to by the defendsmte, and for enforcing the making up of the issue, and autho- rizing amendments, from time to time, in the proceedings, at periods when the Court is not sitting. Before such rules become effectual tuey shall be solemnly promulgated in open Court, in the Supreme Court in Banco, and the period at which they are to come into operation shall be stated, and the Clerk of the Supreme Court shall cause all rules from time to lime made, to be fau'ly entered at length in the order book of the Court, as of .the day on which thev were pronounced, and to be published iu the several newspa- pers in wnich the official and public advertisements are required to be in- serted once at least in each week, for 4 consecutive weeks thereafter, 8 V. c. 28, s. 20. And laid before •^'' vn\es made under tjiis act shall be laid before the Council and Assem- Legisiaturo bly imrnediately after the making and issuing if then sitting, if not, 5 days af- o io°°»° ?o"'' '" ^' ^^' '''®"' ^^^^ meeting, and be as binding as if enacted, unless either body re- ' ' ■ ■ solve they ought not to contmue in force, in which case the pai-t included in the resolution shall cease to be binding. If not laid before the Council aud Assembly within the time limited they shall, after its expu-ation, be void, 8. V. c. 28, 6. 24. How constituted The Supreme Court shall be constituted of the Chief Justice and any one or more of the [31 Assistant Judges to be appointed as after mentioned (s. 13) but no Judge shall sit iu review of any decision of his own, and if the Chief Justice shall, owing to ill-health or any other unavoidable cause, be absent, the business of the Court shall be carried on by any two or more remainihsr Judges, 19 V. 0. 10, s. 6. ^ *As there is now no Jury process returnable in the Supreme Court, this elauee as relates to trials of any issue of fact must be necessarily modified. COURT, RUPREjrE, PLEADINGS. 139 The Sessions shall be liol'den in tlie Court House, at St. Jago de la Sesgions-Com- Vega, 3times a year, on the Ist Monday in February, June and October, mencement-pow- with all the powers, authority and jurisdiction provided by this act, together *'" with all such other powers, authority and jurisdiction as are now vested in the Court. Except so far as its consritutioii power and jurisdiction are altered by this act, the Supreme Court shall continue to exercise all powers &e., now vested in or exercised by the Court, 19 V. c. 10, s. 7. Each Session shall be continued from day to day until and duridg the 2d Dniation Saturday after the commeucemfent. No Sessions shall be deemed nifll, or be determined by reason of the attendance of only one Judge ei ther on the iirst day or any otherday of the period appointed for the sitting, but the Court shalHhere- upou be lawfully and effectually constituted for the purpose of establishing the service of actions and process, and disposing of motions of course, and moving for orders nisi, and for the argument and disposal of other matters which by consent may be taken before a single Judge, and the Court shall bo ad- journed from one day to any other day, during such period, by proclamation in open Court, 19 V. c. 10, s. 8. The Judges or any three of them may, within 3 months after their ap- General rules pointment, make and frame general rules and reotulations for facilitating the proceedings and business of the Supreme and [Circuit] Courts respectively, which shall be offeree in the Courts unless altered and amended by the Le- gislature at its next Session, and shall at such next Session be laid before the Le^slature by the Executive Committee, 19 V. c. 10, s. 20. The Judges shall from time to time, during the sitting of the Court, re- Power to vai? scind, alter, vary or amend the rules and regulations framed under 19 V. rules c. 10, and laid before the Legislature, or make other rules for facilitating the proceedings of the Supreme and other Courts established by that act, 20 V. c. 12. The entire original jurisdiction hi or over, and for entertaining civil ao._ •' j u r iecUction tions, heretofore inherent in and exercised by the Supreme Court and the se-~ oyer actions veral Courts of common pleas, whether concurrently or exclusively, shall be vested in the Supreme Court alone. _In the commencement of an action, it shall Copies, declara- not be necessary for the Clerk of Ihe Court to certify any copy declaration tions tor service to be served on the defendant, it shall be certiiied by the Attorney or plaintiff who issues the same, and left with the Deputy Marshal of the parish in ■vyhich it is to be served, 19 V. c. 10, s. 24. The powers and authorities, heretofore vested in the Courts of Quarter powers over Sessions, by any law either of this Island or of England, over the Clerks of Clerks of the the Peace, shall vest in and be exercised by the Judges in the Supreme Court, I'^ace in respect of their suspension or discharge from office, 19 V. c. 10, s. 32. In actions by default, the damages of which are susceptible of computa- Assessments of tation, and do not result from injuries to the person or reputation of the plain- damages in cer- tiif, it shall not be necessary for him to assess his damages before a Jury, but tain actions tiy if he has endorsed on his action, and on the copy for service on the defendant default a specification and the particulars of his debt or demand, or of the damages or compensation claimed by him, and therein notify his intention to assess, the damages before the Clerk of the Supreme Court, he shall be at liberty to produce the affidavit of himself, or of his witnesses, or of both, iu proof of his debt or claim to damages, and the Clerk of the Court, or in case of disagree- By Clerk of Su- ment or doubt, any Judge in Chambers, on reference,by the plaintiff, may preme Court adjudge and award such damsges within the limits of the claim endorsed on i^^" ™ ™*"' the action as to the Clerk or Judge seems meet, but in case of doubt as to the ' amount to be awarded On such affidavit, the Judge sball refer the assessment j^^"^™"^ "■ * to a Jury of the venue, 19 V. c. 10, s. 35. Court, Supreme, Pleadings. All statements in pleading shall be made briefly and concisely, and state- statements in ments which need not beproved, such as time, 'quantity, quality and value, pleadings which where immaterial, the statement of losing and finding, and bailment in actions need not be for goods or their value, the statement of acts of trespass having been com- P^Z??;, *° ^^ mitted with force and arms, and against the Peace of Our Lady the Queen, of ™'''*" promises which need not be proved, as in indebitatus counts, and mutual pro- Andno costs al- mises to perform agreements, and all st^lements of a like kind shall be '°^*" therefore omitted, and no costs whatsoever, shall be allowed for any statement by this act rendered unnecessary, 28 V. c. 37, «. 1 , 130 COURT, SUPREME, PLEADINGS. vna^ol^a^mire Either party may object by demurrer to the pleading of the oppoBite par. ^dgment tobe '?' °" ^^^ ground that it does not set forth sufficient jground of action, defence given according to or reply, as the case may be, and where issue is jouied on the demun-er, the the very right Court shall proceed' and give Judgment according as the very right of the And not arrest- cause and matter in law appears to them without regarding any imperfection, |d for lack of omission, defection or lack of form, and no Judgmentshalllbe arrested, stayed form Qj. reversed for any such imperfection &c., 28 V. c. 37, s. 2. special demurrer ^0 pleading shall be deemed insufficient for any defect which could here- no longer avail" tofore only be objected to by special demun-er, 28 V. c. 37, b. 3. fleadings framed If any pleading be so framed as to prejudice, embarrass or delay the fair t o embarrass,- trial of the action, the opposite party may apply to the Court or a Judge, to may be struck out strike out or amend it, and the Court or a Judge, shall make such order res- "cMte" pecting the same and the costs of the application, as they see fit, 28 V c. 37, 8. 4, Profertoyer It shall not be necessary to make profert of any deed or other document mentioned or relied on in any pleading, and if made, it shall not entitle the opposite party to crave oyer, or set it out upon oyer, 28 V. c. 37, s. 5. setting out do- A party pleading in answer to any pleading in which any document is cuments in plead- mentioned or referred to, may set out the whole or such part as is material, and ™BS' the matter so set out shall be deemed part of the pleadmg in which it is set out, 28 V, c. 37, s 6. Performance of The plaintiff or defendant may aver performance of condiiions prece- conditions preoe- dent generally, and the opposite party shall not deny the aveiment generally but shall specify in his pleading, the condition or conditions precedent, the performance of which he intends to contest, 28 V. c. 37, s. 7. Gommencement Every declaration other than in ejectment, shall commence as follows, T^ deSS"-- to tl^« like effect: not in ejectmen^ In the Supreme Court Term 18 , Venue A.B. *w by E.F. his attorney, (or in person as the case may be) sues CD. for (here state cause of action) and shall conclude as follows, or to the like efiect : And the plaintiff claims pounds (or if the action is brought to recover specific goods, the plaintift' claims a return of the said goods, or their value and pounds for their detention) 28 V. c. 37, s. 8. ot*'deSaratk)™5- Where after a plea in abatement of the nonjoinder of another person, as ter plea of non- defendant, the plaintiff, without having proceeded to trial on an issue thereon joinder commences another action against the defendants, in the action in which the plea in abatement was pleaded and the persons named in such plea as joint contractois, or amends by adding the omitted defendants, the commence- ment of the declaration^ after stating the Court and term, shall be in the fol- lowing form, or to the like eSect : Venue A.B. by E.F. his attorney (or in his own proper person &c.) sues CD. and G.H. which said CD. has heretofore pleaded in abate- ment, the nonjoinder of the said G.H. for &c. 28 V. c. 37, s. 9. Libel or slander ^° actions for libel and slander, the plaintiff shall be at liberty to aver the words or matter complained of were used in a defamatory sense, without any prefatory averment to shew how they "were in such sense, and the averment shall be put in issue by the denial of the alleged libel or slander, and where the words or matter set forth, with or without the alleged meaning, shew a cause of action, the declaration shall be sufficient 28 V. c. 37, s. 10. Title and date Every pleading subsequent to the declaration, shall be entitled in the of pleadings after Court, and of the day of the month, and year when pleaded, and shall bear declaration ^^ other time or date, 28 V. c. 37, s. 11. Express color Express color shall no longer be necessary in any pleading, 28 V. abolished c. 37, s. 12. Also special tra- Nor special traverses, 28 V. c. 37, s. 13. Allegation of In a plea or subsequent pleading, it shall not be necessary to use any al- actionem non, legation of actionem non or actionem ulterius non, or to the like effect, or Sraaver^f°iife any prayer of Judgment, nor in any replication or subsequent pleading, any ment unneoessa- allegation of precludi non, or to the like effect, or any prayer of Judgment, ry 28 V. c. 37, s. 14. of'^tS^arown' No formal defence shall be required in a plea or avowry, or cognizance, ftc. ' and it shall commence as follows, or to the like effect : COUET, SUPREME, PLEADINGS. 13;l The defendant by his Attorney (or in person, or as the case may be) says that (here state first defence.) It shall not be necessary to state in a second or other plea or avowry or cog- „ , , , nizance, that it is pleaded by leave of the Court or a Judge, or according to pleaste; ""^ the form pf the statute, or to tlia( effect, but each shall be written in a sepa- rate paragraph, and numbered and commence as follows, or to the like efiect : And for a second (&c.) plea, the defendant eays that (here state 2nd. &c.) defence, or if pleaded to part only, then as follows, or to the like effect : And for a second (&c.) plea to (stating to what it is pleaded) the defen- ; 'Whore pleaded dant, says that &c. ™ P*" And no fonnal conclusion shall be necessary to any plea, avowi'y, oogni- pormal conolu- zance orsnbseijuent pleaJliig, 28 V. o. 37, a. 15. "ions unnecessary Any defence arising after the commencement of any action, slall be piga of matter pleaded according to the fact, without formal commencement or conciiision, subsequent to ac- and any plea which does not state whether the defence setup arose before or tion after action, shall be deemed to be a plea of matter arising before action, 28 V. c, 37, s. 16. In cases where a plea puis darrein continuance has heretofore been Plea puis dat- pleadable in Banco, or at Circuit, the same defence may be pleaded with an rein continuance allegation that the matter arose after tlie last pleading, and may, when neces- sary, be pleaded at the Gircuiror Assize Court, but no such plea shall be al- eo^anv^nlea """ lowedunlessaccompauiedby an affidavit that the matter thereof, arose -within 8 days next before the pleading of such plea, or unless the Court or a Judge otherwise order, 28 V. c. 37, s. 17. When money is raid into Court, such payment shall be pleaded in all payment into cases as near as may he in the following form, mutatis mntandis. "^ payment of The defendant by his Attorney (or in person &c.) (ifpleaded Pffi^yin'oodtot, in part, say as to £ parcel of the money c'amed) brings into juTtos l| v Court the sum of £ and says that the said sum is enough to c. 16, s. io. satisfy the claim of the plaintiff in respect to the matter herein plead- ed to, 28 V. c. 37, s. 18. No rule or Judges order to pay money into Court shall be necessary ex- Nocrder to pay cent in the case of one or more of several defendants, but the money shall be Si "the^e of'ons paid to the proper officer, who shall give a receipt in the margin of the plea, ormorjof several and the sum shall be paid out to the plaintiff or to his Attorney, upon a writ- defendants ten authority from the plaintiff on demand, 28 V. c. 37, s. 19. The plaintiff after delivery of the plea may reply, by accepting the proceedings by sum so paid into court, in full satisfaction, and discharge of the cause of ac- pi a i n t i «E after tion in respect of which it has been paid in, and in that case may tax his P^stnient. costs, and in case of non payment, within 48 hours, may sign judgment for his costs so taxed, or he may reply that the sum paid into court, is not enough to satisfy his claim in respect of the matter to which the plea is pleaded, and if an issue thereon is found for the defendant he shall be entitled to judgment and his coats of suit, 28 V. c. 37, s. 20. Where the causes of action may be considered to partake of the chai'ac- plea« to actions ter both of breaches of contract, and of wrongs, anyj)lea which is good in partaking of the substance shall not be objectionable on the ground of its treating Lhedeclai-a- ih?!?:''},^' °* tion either as framed for a breach of contract or for a wrong, 28 V. c. 37, s. 21. SS^d moSS" AlII pleadings capable of being construed distributively shall, be taken pleadings capa- distribnfively , and it issue is taken thereon, and so much as is sufficient an- We of being con- swer to part of the causes of action proved is found true by the jury, a ver- s^^distnbu- dict shall pass for the defendant in respect of so much of the causes as is an- Verdict thereon swered, and for the plaintiff in respect of sO'much as is not so answered, 28 V. e. 37, s. 22. A defendant may either traverse generally such of the facts in the deola- General or s e- ration as might have been denied by one plea, or may select or traverse parate traverses, separately any material allegation in the declaration, although it might have ot faotsindeclara- been included in a general traverse, 28 V. c. 37, s. 23. *'°n- A plaintiff may- traverse the whole of any plea or subsequent pleadings j^ nleadimrs of ofthedefendant, by a general denial, or, admitting some part, deny all the defendantT^ rest, or deny any one or more allegations, 28 V. c. 37, a. 24. - .ni....„._t A defendant may, in like manner, deny the whole or any part of a repli- pleadings of plain- cation or subsequent pleading of the plaintiff, 28 V. c. 37, s. 25, tiffin J^32 COtTBT, SUPKEMlSvJ PLKAMN&S. Join d e r of is- Either party may plead in answer to the plea or subsequent pleading of 8"«' his adversary thai he joins issue thereon, whioh joinder may be as follows, or to the like effect : — The plaintiff joms issue upon the defendant's first (&c. specifying what or what part) plea. ' The defendant joins issue upon .the plaintiff's replication to the first (&c., specifying what) plea. Which form of joinder shall be deemed a denial of the substance of the plea, or other subsequent pleading, and an issue thereon, and where the When plaiutifE plaintifPs pleading is in denial of the pleading of the defendant, or some part &ordeten& °^^^' '^^ ^^7 a^d a joinder of issue for the defendant, 28 V.o. 37, s. 26. Pleading and Either party may by leave of the court or a Judge, plead and demm- to EaSOT^'iv leuve "^^ same pleading at the same time, upon an affidavit by the party, or his affidavit. attorney, if required by the court or a Judge, to the effect that he is advised and believes he has just grounds to traverse the several matters proposed to be traversed by him, and that the several matters sought to be pleaded by way of confession and avoidance are, respectively true in substance and in fact, and that he is further advised andTjelieves that the objections raised by such demurrer are good and valid obiections in law. The Court or Judge in de?" wMdl tea?e" "i™ comes non misit breve, or otherwise, shall be made upon any record, postea, ment & omissions or entiy of judgment, nor shall it be necessary to allege tbat the original record is transmitted to the court, and the assessment of costs by the Jury, and of nominal damages on actions of the nature of actions of debt shall not m • * be necessary, bnt it shall be sufficient to enter the pleadings on the record, "''»' suflloient in their order according to date, and when necessary the award of a Jury in the terms foUowjng : Therefore, let a Jury come, &o., and concluding with the postea and judgment, 5i8 V. o. 37, s. 38. Actions and proceedings pending at the commencement of the Act, may peadiuu actions be carried on to judgment, and execution enforced according to the law unaflectel, and practise under which they were authorized and undertaken, and would continue to be regulated if this Act had not been passed, 28 V. c. 37, s. 39. The provisions of all Acts not inconsistent with this, and applicable to . Acts not incon- the altered mode of proceeding shall remain in force, and be applied thereto, ?istent to remain OQ T7 « o-r „ /in m force and be 28 V. c. 37, 8. 40. appUed hereto. Nothing in this Act shall tend to prevent the same evidence being Evidence may hereafter given under the general issue as might previously be given, 28V. begiven under /. ^7 a 41 the general issue c. J/ , 8. 10.. ^ heretofore To come into operation 1st May, 1865, and to be cited as " The Com- Compience- mon Law Pleading Act, 1865," 28 V. c. 37, s. 42. ment and short title SCHEDULE. I'orms of Pleadings. — Statements of Causes of Action. On Contkacts. 1. Money payable by the defendant to the plaintiff, for (these Words) Goods bargaui- " money payable, &c.," should precede money counts like 1 to 13, ed and sold but need only be inserted in the first) goods bargained and sold by the plaintiff to the defendant. 2. Work done, iand materials provided by the plaintiff for the defendant at work and ma- his request. - teilus 3. Money lent by the plaintiff to the defendant. Money lent 4. Money paid by the plaintiff for the defendant, at his request. Moncv najd 5. Money received by the defendant for the use of the plaintiff. ^ . ^ 6. Money found to be due from the defendant to the plaintiff on account Account stated stated between them. 7. A messuage and lands sold and conveyed by the plaintiff to the defendant. JJ™* =°'d and 8. The good-win of a business of the plaintiff, sold and given up by the Good-will of bu- pmintiff to the defendant. siness 9. The defendant's use by the plaintiff's permission of messnageii and lands Vm el land ef the plaiutiff. 134 COURT, SUPREME, PLEADINGS. The defendant's use by the plaintiff's permission of a fishery of the plaintiffs. The Hie of (as the case may be), by the plaintiff let to hire to the de- fendant. Freight. 12- Freight for the conveyance by the plaintiff, for the defendant, at his re- quest, of goods in ships. Demurrage 13. The demun'age of a ship of the plajuliff kept on demurrage by the de- fendant. That the defendant on the day of A.D. by his promiBsor\r note, now overdue, promised to pay to the plaintiff £ - " (two) months after date, but did not pay the same. That one A. W. iS^c, (date) by liis promissoi-y note now over due, pro- mised to nay to tlie ilefendaiit or order £ (two) mouths after date, ana tlie defeudijiit endorsed the same to theplaiiitjlfand the said note w:iB duly presented for payment, and was (wshonored, whereof the defendant had due notice bu. did not pay the same. That the plaintiff, on, &c., (date) by his bill of exchange, now overdue, directed to the defendant, required the defendant to pay to the plain- tiff, £ (two) months after date, and the defendant accepted the said bill but did not pay the same. That the defendant on, &c., (date) by his bill of exchange directed to A. required A. to pay to the plaintiff £ (two) months after date, and the said bill was duly presented for acceptance, and was dis- honored, of which the defendant had due notice but did not pay the ' same. That the plaintiff and defendant agreed to marry one another, and a reasonable time for such man*iage has elapsed, aiid the plaintiff has always been ready and willing to marry the defendant, yet the de- fendant has neglected and refused to maiTy plaintiff. On a day elapsed 19' That the plaintiff and defendant agreed to marry one another, on a day now elapsed, and the plaintiff was ready and willing to marry the defendant on that day, yet the defendant neglected, and refused to marry the plaintiff. That the defendant, by warranting a horse to be then sound and quiet to ride, sold the said horse to the plaintiff, yet the said horse was not then sound and quiet to ride. That the plaintiff and'the defendant agreed, by charter party, that the plaintiff's ship, called " The Ariel" should, with all convenient speed, sail to E, or so near thereto as she could safely get, and that the de- fendant should there load her with a full cargo of tallow or other lawful merchandize, which she should carry to H, and there dehver, on payment of freight £ _ per ton, and that the defendant should be allowed ten days for loading, and ten for discharge, and ten for de- murrage, if required, at £ per day, and that the plaintiff did all things necessary on his part to entitle him to have the agreed cargoloadedonboard the said ship at K, and that the time for so do- ing nas elapsed, yet the defendant made default in loading the agreed cargo. 22. That the plaintiff let to the defendant a house, No. street, Kingston, for seven years, to hold, from the day of AD 18 at £ a-year, payable quarterly, of which rent quarters are due and unpaid. 23. That the plaintiff, by deed, let to the defendant a house. No. street, Kingston, to hold for seven years, from the day of A D, 18 , and the defendant, by the said deed, covenanted with the plaintiff well, and substantially to repair the said house, during the said term (according to the covenant), yet the said house was during the said term out of good and substantial repairs. For wrongs Independent or Contract. Treaoass by oat- ^- ^''*' *^® defendant broke and entered certain land of the plaintiff, tie called "The Big Field", and depastured the same with cattle. Asaouit and im- 25. That the defendaat assaulted and beat the plaintiff, gave him into cns- ptiaonment tody to a policeman, and caused him to be imprisoued in a police office. rishery, 10. Hire. 11. Payee against 14. payer. Indorsee against 15. Indorser. Promissory note. Draw r against lb. acceptor. B 111 of Exchange. payee against 17. drawer, after d i s- bonor by drawee Promise to mar- IS. ry gcneraUy Sale of horse on 20. warranty On charter to 21. load Lotting house Letting by deed — breach of covenant to repair COURT, SUPREME, PLEADIN&S. 1S5 Criminal conver- sation Sirerslon of a InfHngmcnt patent rights 26. That the defendant debauched and carnally knew the plaintiff's wife. 27. That the defendant converted to his own use, or wrongfully deprived the plaintiff of the use and possession of the plaintiffs goods, that is to say, iron, bricks, household furniture, (or as the case may be.) 28. That the defendant detained from the plaintiff his title deeds of land called Belmont, in the parish of , in the County of that is to say (describe the deeds.) 29. That the plaintiff was possessed of a mill, and by reason thereof was entitled to the flow of a stream for working the same, and the defend- ■"■'""" "' water ant, by cutting the bank of the said stream, diverted the water thereof away from the said mill. 30. That the plaintiffwas the first and true inventor of a certain new manu- facture, that is to say of '■ certain improvements in the manufac- ture of Sulphuric Acid," and thereupon Her Majesty Queen Victoria (or Ms Excellency , Captain-General and Governor-in- Chief of Her Majesty's said island of Jamaica, in the name, and on behalf of Her Majesty Queen Victoria) by letters patent, under the broad seal of this island, granted the plaintiff the sole privilege to make, use, exercise, and vend the said invention within the said island, for the term of 14 years, from the day of A D, l8 , subject to (here state any condition which the said letterspatenl were granted subject unto), and the plaintiff did within the time prescribed fulfil the said condition, and the defendant during the said term did infringe the said patent rights. 31. That the defend.'.ut falsely and maliciously spoke and published of the Elaintlff, the words following, that is to say " he is a thief, (if there e any spej^ial dainriTe, here state it with such reasonable particula- rity as to Ave uouce to the defendant of the peculiar injury com- plained of tor instance), whereby the plaintiff lost his situation as a penkeeper (or as the case may be) in the employ of A 32. That the defendant falsely, and maliciously printed, and published of the plaintiff, in a newspaper, called, the words following, that is to say, " he is a regular prover under insolvencies", the defendant meaning thereby that the plaintiff had proved, and was in the habit of provmg fictitious debts against the estates ot insolvents, with the knowledge that such debts were fictitious. Commencement of Plea. 33. The defendant by his attorney (or in person) says (here state the substance of the plea.) 34. And for a second plea the defendant says (here state the second plea.) Pleas in Actions on Contracts. 35. That he never was indebted as alleged (this plea is apphcable to de- clarations like those numbered 1 to 13. 36. That he did not promise as alleged (this plea is applicable to other de- clarations on simple contracts, such as those numbered 18 to 21, it w'ould be unobjectionable to use " didnot warrant", " did not agree" or any other appropriate denial.) 37. That the alleged deed is not his deed. 38. That the alleged cause of action did not accrue within six years (state the period of limitation applicable to the case) before this suit. 39. That the plaintiff, at the commencement of this suit was, and still is in- debted to the defendant in an amount equal to the plaintiff B claim for (here state the cause of set off, as in a declaration) (see forms ante) which amount the defendant is wilhng to set off agamst the plaintiffs claim. Pleas in Action for wrongs Independent of Contract, 40. That he is not guilty. 41. That he did what is complained of by the plaintiff's leave. 42. That the plaintiff first assaulted the defendant, who thereupon neces- sarily committed the alleged assault in his own defence. Never indebted Dill not promise Not Ills deed Action did accrue witliin years Set off Not guilty Leave Self-defence 1^6 night of way Joindei* of issue Set off did not accrue wltliin six years Removal o f de" fondant while trespassing, after refusal to leave plaintiffs land CRIMINAt PUNISHMENT. 'i'.i. That the defendant, at the time of the alleged trespaes was possesBed of laud, the occupiers whereof for twenty years before this suit en- joyed as of right and without interruption, a way on foot and with cattle from a public highway over the said land of the plaintiff to the said land of the defendant, and from the said land of the defendant over the said land of the plaintiff, to the said public highway, at all times of the year, for the more convenient occupation of the said land of the defendant, and that the said alleged trespass was a use by the defendant of the said way. Eeplications. 44. The plaintiff takes issue upon the defendant's first, second, &c. pleas. 45. The plaintiff as to the second plea, says (here state the answer to the plea as in the following forms ; — 46. That the alleged set off did not accrue within six years before this suit, 47. That the plaintiff was possessed of land whereon the defendant was trespassing, and doing damage, vvhereupon the plaintiff requested the defendant to leave the said land, whioli the defendant rerused to do and thereupon the plaintiff gently laid his hands on the defendant in order to remove him, doing no more than was necessary for that purpose, which is the alleged mst assault by the plaintiff. Traverse of right of way 48. That the occupiers of the said land did not for twenty years before this suit enjoy, as of right, and without interruption the alleged way. New Where plaintiff does not proceed for the trespasses admitted Assignment. , and that he Where plaintiff replies, and new as signs 49. The plaintiff, as to the ^ , and p, sues not for the trespasses therein admitted, but for trespasses com- mitted by the defendant, in excess of the alleged rights, and also in other parts of the said land, and on other occasions, and for other purposes than tliose referred to in the said pleas. If the plaintiff replies, and new assigns, lit may be as follows : — 50. And the plaintiff, as to the ' , and pleas, fur- ther says, that he sues not only for the trespasses in those pleas ad- mitted, but also for, &c. If the plaintiff replies, and new assigns to some of the pleas, and new assigns only to the other, the form may be as follows ; — 51. And the plaintiff, as to the , and pleas, further says, tnat he sues not only for the trespasses in the pleas (the pleas not replied to) admitted, but also for the trespasses in the plea (pleas replied to) admitted, and also for, &c. Felonies not. spe- cially punishable Sentence of im- prisonment on per- sons undergoing sentence Punishment af- ier previous convic- tion Felonies Offences punish- able with hard la- bour and solitary confinement Criminal Punishment. Persons convicted of felony not punishable with death, shall be punished as prescribed by the acts specially relating thereto. Wliere no punishment is specially provided, they shall be punishable under this act, and liable to imprisonment not exceeding one year, 9 G. 4, c. 19, s. 5, Where sentence is passed for felony on a person already imprisoned un- der sentence for another crime, the Court may award imprisonment for the subsec[uent offence, to commence at the expiration of the imprisonment to which he was previously sentenced, 9 G. 4, c. 19, s. 6. Persons convicted of any felony, not punishable with death, committed after a previous conviction for felony, shall be liable to imprisonment, not ex- ceeding two years, 9 G. 4, c. 19, s. 7. When any person is charged with an offence a degree below felony, and is convicted in any Court of record of uttering any counterfeit money, knowing it to be so, eilherof the Queen's coins, or of the coins of foreign realms, current in this island by law or common consent, or any. aggravated assault, or any riot, or aggravated breach of the Peace, by unlawfully en- tering the premises of any person, or keeping a common gaming house, or common bawdy house, or a common ill-governed and disorderly house, or assisting at any seditious meeting, or maiming or injuring any person by furious driving, nding, galloping or racing, or inciting to mutiny by endea- CRUELTT TO ANIMALS. 187 voiimig to seduce asoldiei'or a seaman, from his allegiance, or embezsiling the Qaeen's Stores, or slanderous words to a Magistrate in the due dis- charge of the duties of his office, or disturbing public worship, or rioting or striking in or within the precincts of an open Court, or beating, or ill-treating apprentices, or selling cloth falsely marked or put up, he may be sentenced to imprisonment, with or without hard labor and solitary confinement, for such term as the Justices deem meet, 1 V. c. 28, s. 4. No Court shall direct any offender to be kept in solitary confinement Duration of soli- for longer than one month at a time, or three montne in one year, nor shall it tm'y confinoment be in darkness, unless specially ordered, and not beyond 6 days, 1 V. C.28, s. 5. When any person is convicted of any of the offences following, as an in- ofreni-B« pnnisii dictable misdemeanor viz., any cheat or fraud, punishable at common law, "ai,', "■'"' ''"''' any conspii'acy to cheat or defraud, or to extort money, or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert or defeat the course of public Justice, any escape or rescue from lawful custody, on a criminal charge, any public and indecent exposure of the person, any indecent as- sault, or any assault occasioning actual bodily harm, any attempt to have carnal knowledge of a girl under 12 years of age, any public selling or ex- posing for public sale, or to public view, of any obscene book, print, picture or other indecent exhibition, the Court may sentence the offender to impri- sonment for any term, now warranted by law, and if the Court deem fit, to be kept to hard labor during the whole or any part of the term of imprison- ment, 16 V.c. 15, s. 29. Persons convicted of any offence for which the punishment of death may punisiimont of be awarded by any law of this island, but for whicb offence they would not iieothrepeniea. Of- be liable to such punishment by the laws of Great Britain, shall be adjudged o!"aSo?dinf??t'ho to be felons, and punished as persons convicted of the same offence would by law of Groat Bri- law, be punishable in England, and all acts and parts of acts whereby the '"'"■ punishment of death is imposed for the commission of any offence not now punishable with death bv any law of Great Britain, is absolutely repealed, 19V.C.29, 8. 2. " Cruelty to Animals. Any person wantonly and cruelly beating, illtreating, abusing or lortur- To iiorsoa.^ cattle, ing any horse, mare, filly, gelding, bull, ox, cow, heifer, steer, calf, mule, ■i"""'"'"'' nnimai» ass, sheep, lamb, dog, or other cattle or domestic animal, whether the owner or not, convicted before a Justice, shall forfeit not exceeding fiO shillings, nor less than 5 shillings with costs, or the Justice may commit him not exceed- ing 60 days, with or without hard labour, without prejudice to any other remedy any party aggreived may have, 25 V. c. 10, s. 1. Any constable or the owner, or his agent, upon view of such cruelty, or AppreUonBion of upon the jnformation of any other person who declares his name and offendora place of abode to the constaole, may secure, and forthwith, without other authority, convey any offender before a Justice, who shall forthwith examine upon oath any witnesses who appear to give iniformation, 25 V. c. 10, s. 2. Keeping or using any house, room, pit, ground or other place for Cock- OockiishtinE fighting, or preparing cocks or other animals for fighting, penalty not exceed- ing £5 nor less than lOs, with cost, for every day &c., to be recovered before any justice. The person who acts as manager, &o., or receives money for admission, or assists in any such fighting or preparation for fighting, shall be deemed the keeper, and liable to the penalties imposed on him, 25 V. c. 10 s. 3. Aiiy person, by himself or agent, catching, taking, or driving any horse catdiing &c. ani- ' or other animal from any property or place, without the consent or permis- mnia on piopeitios sion of the owner or party in possession, shall, on conviction before two Justices, forfeit not exceeding £10, and, in default of immediate pay- ment, be committed to the nearest prison to hard labor, not exceeding iJO days, besides being liable to an action at the suit of the party aggreived — The person acting aa agent shall be competent to give evidence if the Justice consider, from the information that he acted under the delusion of the em- ployers authority to take and use the animal, 25 V. c. 10, s. 4. One moiety of the penalty shall be paid to the informer, who shall be a penalty competent witness, 25 v. c. 10, s. 5, 138 orsTOMS, Cryera of Courts. Fees, Supremo Vees of tlie oryer of the Supreme Court, for every witness sworn 7 Jd Oouris ' (4 Jd stg.l, and for calliug out the defendant when the action goes by default is 3d (9d stg.), 10 Anne c. 4, s. 4. Circuit coiirtj The judges shall appoint the cryer of each Circuit Court. Each Judge on Circuit may remove him and fill up vacancies. Such cryers shall attend at the courts to which they are appointed as often as they are held. Their sala- ries in each of the courts of the Home Circuit shall be £20 perannum.in other courts £10 per annum, to be paid by the Receiver-General on certifi- cate of a judge, 19 V. c. 10, s. 33. To same effect, 23 V c. 19, s. 1. Currency Assimilation. Currency of the The Currency of the united Kingdom shall be that of this island, and ill United Kingaom to receipts, pavmeutSj contracts, securities, dealings, and matters relating to be that of this is- mojiey, made or done in this island, shall -^be according to such currency, 3 V. c. 39, s. 1. Eoie of o nver- All gifts, &c., and all debts, under any specialty or simple contract, &c., sioniii pospeet of relating to money, before the commencement of this act with reference to Son»,°&c. '""'"'' the currency of this island, shall be paid and accounted for at the rate of £100 of the currency of the United Kingdom, for every £166 13b. 4d. of the present currency, in the coins aiid at the rates they are declared legal tenders, 3 X. c. 39, s. 2. All duties, taxes, rents, and revenues to the Crown, and all penalties and values, where expressed in money by any laws in force, antecedently to this Act, shall be deemed of the previous currency, and be converted into the currency of the United Kingdom at the rate beforementioned, 3 V. c. 39, B. 3. T r Bneaotions in Not to prevent any gift, &c., or any matter or thing relating to money, foreign currency, from being made or had according to the currency of foreign countries, 3 V. c 39, s. 8. FrancMses, & c ., Nor to affect any franchise, right, benefit, privilege, or advantage re- untier p r e T i u e suiting from the possession of lands, rents, or property of the value nien- "" '' tioned in any previous act in force, 3 V. c. 39, s. 11. Commencement. Act to take effect after 31st December, 1840, 3 V. c. 39, n. 12. Customs. Foreign vessels The master of eveiy French, Dutch, and other foreign ship coming ariven in by stress into port, on pretence of being drove in by stress ot weather, want of pro- Bum^yoi iieoos- visions, or other disabilities, shall, within 24 hours after coming, wait sarioB. As to draw- upon the Governor, and discover upon oath the occasion of his coming in, tack, 2av- o. 10, 8. (^nij iiig necessary v.ants, and the quantities of money, bullion and goods he has on board, nnder penalty of the forfeiture of the ship (which oath the Governor may administer) and direct the naval officer, (office abolished 10 G. 4, c. 13.,) nnmediately to supply liim with necessaries, at the cheapest rates they are to be pold for, which the master shall pay for out of the mo- ney be lias on board, and if he has none, then out of such part of his cargo as shall be sufficient to answer his necessary occasions, 12 G. 1 c. 11, s. 1. Sale of cargo for But no more goods than to supply what necessaries he wants, over and neeessaries. above his money, and that by leave of the Governor, and by public outcry, first fixing up 3" days notice in the 3 towns of St. Jago de la Vega, Port Eoyal, arid Kingston, under penalty of the forfeiture of the ship and carso, n G. 1 c. 11, s. 2. f s . Liabilities in port Every French, Dutch, or Spanish ship shall be subject to such port charges, visitations, rules, and orders as ships of Her Majesty's subjects, 12 G. 1 c. 11, s. 3. Forts of entry and Kingston, Savannala-Mar, Montego Bav, and Port Antonio, made cienronce. porls of entry and clearance, 31 G. 2, c. 19. Prize siiips and All ships and goods taken and brought into this island, and condemned goods. as prize, during hostilities with any foreign state, shall be liable to the payment of such imposts and duties, and subject to the rules, regularions, penalties, and forfeitures to which the same «orts of ships and eoods mav be liable, 44 G.. 3 c- 10, s. 1, ^ « - -^ CUSTOMS. But not to permit any sugars, rum, taffla, or coffee, condemned as prize, to be sold tor consumption in tbis island, but the same shall be actually .and bona fide exporteci within six months from the time of- sale, under the penalty of £1000 (£600 sterling) on the purchaser, and forfeilui-e of the goods, 44 G. 3 c. 10, s. 2. On the ariival of any prize, the agents for the captors shall, under penalty of £1000 (£600 sierlmg), within ten days after it is libelled in the Court of Vice Admnalty, report or enter' the same in the lieeeiver -General's Office, and at the same time, under the like penalty, enter into a bond to the Receiver-General (for which report, entry or bond, no fees shall be de- manded) for the amount of aU imposts, and duties payable on prize goods, within 6 days after the account sales have been recorded, in the office of the Eegistrar erf the Coart, or the actual and bona fide sale and delivery of such dutiable prize goods, provided the period does not exceed 6 months, 44 G. a 0. 10, B. 3. The Registrar, or acting' deputy, shall, within 6 days after the account sales are recorded in bis oincej deliver to the Receiver-General a copy, under penalty of £500 (£300 sterling) for which he shall receive from him £1 10s. (18s. sterling) for each account delivered, to be charged to the ac- count of the duties, 44 G. 3 c. 10, s. 4. If the agent of the prize goods, within six days after the accoiint sales have been recorded, or the actual and bona fide sale and delivery of such dutiable prize goods, provided the period does not exceed 6 months, make oath, or prove on the oath of the exporter before the Receiver-General (which he may administer) that the goods or any part have been actually and bona fide exported, the Receiver-General shall repay such imposts and" duties, received by him, 44 G. 3 c. 10, s. 5. On any sale of prize goods, the agent shall,- under penalty of £500, (£300 sterling) withm 6 days after such sales, or within ti weeks after the actual and bona fide sale and delivery of such dutiable prize goods, pro- vided the period does not exceed six months, deliver in a specific account to the Receiver General, 44 G. 3 c. 10, s. 6. Penalties recoverable in the Supreme Court by action of debt, &c., one moiety, to the informer, 44 G. 3 c. 10, s. 7. Sugars, introduced into this island, which have undergone any process of refining, whether from molasses or otherwise, shall be deemed to be re- fined sugar, 4 V. c. 43. On the arrivial of any steam vessel, the commander, or next chief offi- cer shall deliver to the Collector and Controller at the port, a manifest of all goods on board, specifying the marks and numbers, the nature aud con- tents of the packages so far as he is able to ascertain, the names of the ship- pers and consignees, and no goods shall be landed but by their order, and under the regulations established by the Collector and Controller of Kmg- ston, subject to the approval of the Governor, 14 V. c. 56, s. 4. The Ports of Kingston, Montego Bay and Falmouth, shall continue warehousing ports. The Collector and Controller at Kingston, and the Sub-Collectors at IVfontego Bay and Falmouth, shall, by notice in writing, appoint warehouses at such ports, for the free warehousing and secui-ing of goods, and declare what sorts of goods may be warehoused, and by like notice, may revoke or alter any such appomtment or declaration. Every such notice shall be transmitted to the Governor, and published as he shall direct, 17 V. c. 2, s. 1. The ports of Savanna-la Mar, and Port Maria, shall also be warehous- ing ports, and their Sub-Collectors shall appoint warehouses as directed by and sujbject to the conditions in 17 V. c. 2. 20 V. c. 5, s. 7. Black River and Annotto Bay shall be warehousing ports, subject to the provisions of 17 V. c. 2. 27 V. S. 1, c. 11, s. 1. And that act is extended to the warehouses at those ports, 27 V. S. 1, c. 11, 8. 2. The present holder shall continue warehouse keeper at Black Eiver, at a salary not exceeding £35 per annum in addition to bis salary as Locker and Ganger under the Rum Warehousing Act, and, on any -vacancy of the Locker and Ganger, shall discharge the duties at a like tafoyi a? V, 18. X, e, U,9,3, 139 Sugavfl, ruro, taf. fla, coffee, Prize agents to give b n d to the Iteceiver Gen oral for duties. Eogiatrarof Vice Admiralty Court to deliver to the Re- ceiver General copy of account sales. His fee. Iteturn of duties on goods exported- Accounts to be delivered to the Re- ceiver General by agent after sales. Recovery, &,c., of penal tioa, RcHncd sugar. Steam vessels. Ware h o u s i ii g Ijorts, King st o n, Montego Bay, F a 1 mouth. Sav la-Mar, Port Maria. Black River and Annotto Bay. 17 V. c. 2 extend- ed to WarohouBO Iteep era Black River. 140 CUSTOMS. Aimoito Bay. Tlie Locker and Gauger at Annotto Bay, under any act for warehousing rum, shall discharge the duties of warehouse keeper at a salary not exceed- ing £10 per annum in addition to his salary as Locker and Gauger, 27 V. S. 1, c. 11, s. 4. toms'''reKuintioiia.° Such warehouse keepers shall be subject to the several provisions, rules, and regulations of the sei-vice, 27 V. &■ 1, c. 11, s. 5. ivarehouS eoo3»° '' Importers may warehouse goods without payment of duty on the first entry, subject to the rules, regulations, restrictions and conditions after contained, 17 V. c. 2, s. 2. whi°cff to bo " vnre" Goods SO Warehoused shall be stowed iu such parts or divisions of the hguscd. ■ warehouse, and as the Collector and Controller shall direct, and the ware- house locked and secured, and opened and visited only at such times and in the presence of such officers, and under such regulations as the Collector and Controller shall direct ; and the goods after being landed shall be carried to the warehouse, or after being taken out of the warehouse for exportation, or for stores, carried to be shipped under such regulations as they shall direct, 17 V. c. 2, s. 3. pro'prio'toi- &c. ^ Before any goods are entered iu any warehouse, in respect of which secm'ity by bond is required, the proprietor or occupier, if willing, shall- give general security bybond, with two sureties for the payment of the full duties of importation of all such goods as shall, at any time, be warehoused therein, or for the exportation, or shipment thereof as stores, according to the first account taken on landing, and with further condition that no part shall he taken out until cleared upon due entry and payment of duty, or upon due entry for exportation or for shipment as stores, and with further Particular bondB condition that the "whole of such goods shall be cleared within two years ijyimporiQvs from the first entry. If he is not willing to give such general security, the diiTerent importers shall, upon each importation, before the goods are entered to be warehoused, give security by bond with one surety, in re- spect of the particular goods imported, in double the amount ol duty — 17 Y.,c.2, S.4. Causes of forfei- If goods entered are not duly deposited in the warehouse, or are af- turoofgoodBwaro- terwai'ds taken out without due entry and clearance, or having been en - ^^"^ tered and cleared for exportation, or for shipment as stores are not duly carried and shipped, or are afterwards re-landed, except with the permission of the proper oflicer, they shall be foi-feited, 17 V., c. 2, s. 5. Particular! of Upon entry and landing of goods to be warehoused, the proper ofScer sooda warahoused shall take a particular account of the same, and mark the contents on each package, and enter them in a book to be kept for the purpose, and no' goods shall be taken or delivered from the warehouse except upon due entry, and under the care of the proper oiBcers, for exportation or for stores, or on due entry and payment of duty for home use, 17 V., c. 2, s. 6. Samples The Collector and Controller may, under such regulations as iUey see fit, permit moderate samples to be taken of goods warehoused without en- try and without payment of duty, except as shall eventual^ become paya- ble as on a deficiency of the original quantity, 17 V., c. 2, s. 7. Sorting and re- And permit the proprietor or person having control over the goods, packing to sort. Separate, and pack, and re-pack them, and make lawful alterations or arrangements for their preservation, or for sale, shipment, or legal dis- posal, as also any parts of the goods separated to be destroyed, but without prejudice to the claim for duty upon the whole original quantity. Any per- Abaiidonment for 6011 may abandon whole packages for the duties, 17 V., c. 2, s. 8. duty Tranifora to other Goods warehoused, being first duly entered, may be delivered, under the warehousas ., authority of the proper officer, without payment of duty, for removal to jinother warehousing port, under bond for their due arrival and warehous- ing, 17 v., c. 2, 6. 9. Clearance within AH goods SO warehoused or re-warehoused shall be duly cleared either iwo years for exportation Or for home Consumption, within two years from the first entr.y for warehousing, and if not so cleared the Collector and Controller shall causethem to be sold, and the produce applied first to the payment of the duties, next of warehouse rent and charges, and the overplus to the pro- Uiiie»s further prietor. But they may grant further time for any goods to remain wai'e- time (ranted fioused, 17 V,, c. 2, 8. 10, CUSTOMS. 141 Upon entry oatwai'ds of goods to bo exported from warehouse, the per- Bond for eipor- son enteiing shall give security by bond in treble the duties of importation "■"°° on the quantity, or if the goods are prohibited to be imported for home use indoubletheir value, -with two sureties, that they shall be landed at the place for which they are entered outwards, or otherwise accounted for to their satisfaction, 17 V., c. 2, s, 11. * The Imperial Act 16 and 17 V., c. 107, so far as relates to the regulation stat. i6. & it v. of British possessions abroad shall be in force, 17 V., c. 2, s. 12. poMossiSf' Xo^ in force Goods deposited in wai-ehouse, or on board ship shall, on being entered Dnties payable io for home consumption, lie subject to the duties payable at the time of the ''o'i'osein force at passing of such entry on the like sort of goods, except where special provi- t°h"ml conslm?'- sions are made to the contrary, 17 V., c. 2, s. 13. Men Upon entry of goods to be cleared from warehouse for home use, the Quantity on duties shall be payable on the quantity taken on the first enti-y and landing, ^'jjf'' ''"'■osto be except as to tobacco, wines, and spirits, the dnties whereon shall be chai-ged upon the quantity ascertained by weight or measure at tlie time of actual delivery, unless there is reasonable ground to suppose any portion of the deficiency or difierence has been caused by illegal or improper means, in which case the proper officer shall make such allowance only for loss as he considers faii'ly to have aiisen from natural evaporation or other legitimate cause. 17 V., c. 2, s. 14. If the importer make and subscribe a declaration before the Collector £„„.„ [,„ [jjn ;,f and Controller, or proper oflicer, that he cannot, for want of full information; sight make perfect entry, they may receive an entry by bill of sight for the pack- ages or parcels, by the best description which can be given, and grant a warrant that they may be landed and secured to the satisfaction of the of- ficer, at the expense of the importer, and may be examined by him in their ^nd afterwards presence, and within three days after landing, the importer shall make a poifoot entry, or in perfect entry and pay down all duties, and m default the goods shall be ^IfJohoS' *\nl taken to warehouse, and if he do not, within one month after landing, make sold perfect entry, and pay the duties and chai'ges of removal and warehouse rent, the goods shall be sold for payment thereof, and any overplus paid to the propnetor, 17 V., c. 2, s. 15. If the importer refuses to pay duties, the Collector or Chief Officer of saio on refusal to the port shall secure the goods with the casks or other packages, and cause paydutios them to be publicly sold, within 20 days at the most after refusal, or at such time and place as the officer shall, by four or more days' public notice, ap- point, to the best bidder, and the money applied in payment of "the duties, and charges, and any overplus to the importer, or proprietor, or person au- thoiized to receive same, 17 V., c. 2, s. 16. E veiy importer shall, within 14 days after the arrival of the ship, make Goods to be en- due entry inwards, and land the goods, and in default the officers may con- tered and landed vey them to the warehouse, and if the duties are not paid within three "'">'" '■• '■'y" months after the 14 days expired, with all charges of removal and ware- Sale for dutlei honsa rent, they shall be sold td'pay first, freight and charges, next, duties, and the overplus to the proprietor or person authorized to receive it — 17 v., c. 2, 8. 17. Should the importer or consignee neglect or refuse to pass warrants for wuon consignee 5, or, if he does not reside near the port, 12 days after the vessel has en- or master of the tered at the Customs, it being necessary to unload with as little delay as ^°a"Jnt"to war" possible, and notwithstanding 17 V., c. 2, s. 17, the consignee or master housegoode may pass the necessary warrants for the goods, and thereupon land and place them in a warehouse of his selection, approved of by the officer of CuBtoms, to be kept, until the duties and charges paid by him have been re-paid by the importer or consignee, and such duties and charges with Ss. for each warrant passed, shall be alien upon all such goods, and shall be paid previous to their delivery by the wharfinger or person in charge of the warehouse, 23 V., c. 10, s. 2. All acts to be done by, to, or with the Collector and Controller may be p,.i„eipal offlopr done at any port where there is no Controller with the Collector or prinei- may act where pal officer, and be valid, 17, V,, c. S, s, 18, ^"i"^" c»iitroi' 142 CUSTOMS. forfeitures and AH vessels, boats, carnages and cattle, made use of in the removaJ of Penalties on un- any goods, liable to forfeiture under any act relating to the CuBtoms or trade lawful removal of ^nd uavigatiou, shall be forfeited, and every person who assists or is other- goooB, so wise concerned in the unshipping, landing or removal, or in the harbouidng of audi goods, or into whose hands or possession, they knowingly come, shall forfeit the treble value, or £100, at tne election of the officers of the Customs, and the averment in any information, or libel for the penalty, that the officer has elected to sue for the sum mentioned in the information shall be suffici- ent proof of such election, without further evidence, 17 V. c.,2, s. 19.' Who may make All goods and all ships, vessels &c., liable to forfeiture, may be seized aeizureB. Penalty and secured by any officer of Customs, or Navy, or person employed for the them °™ ^^ pm'pose,by or with the concun'euoe of the officers of the Customs, and any person in any way hinderiM, opposing, molesting or obstructing any officer &c., in the exercise of his otnce, or any person actmg in his aid or^assistance, shalhforfeit £200, 17 V. c. ii, s. 20. Collusive seiz- If any officer of Customs, or person duly employed for the prevention ures, bribes So ^j smuggling, makes any collusive seizure, or delivers up, or makes any agreement to deliver up or not to seize any vessel, boat, or goods liable to forfeiture, under this or any act relating to the Customs, or takes any bribe- fratuity, recompense or rewai-d for the neglect or non-performance of his nty, he shall forfeit £300, and be rendered incapable of serving Her Majes- ty m any office whatever, and every person giving or offering, or promising to give or procure to be given any biibe &c., or make any collusive agree- ment, with any such officer or person to induce him in any way to neglect his duty, or to do, conceal or connive at any thing whereby the provisions of any "such act may be evaded, shall forfeit £200, 17 V. c. 2, s. 21. Writ of assis" Under the authority of a writ of assistaiuce, granted by the Supreme tance Court or Court of Vice Admiralty, having jurisdiction (who ai'e to grant such writ upon application by the principal officers) any officer, taking with him a Peace officer, may enter any building or other place in the day time, and search for, seize and secikre any goods liable to forfeiture, and, in case of ne- Continuance in cessity , break open any doors, chests or other packages. Such writ of assis- force lance when issued, snail be in force during tlie whole reign in which it is granted, and for 12 months from its conclusion, 17 V. c. 2, s. 22. By force or violence, assaulting, resisting, opposing, molesting, hinder- nioy^th^rSi^M ™S "'■■ obstructing any officer of the Customs or navy, or other person em- see criminal plm- ployed as aforesaid, in the exercise of his office, or any person acting in his ishment, 9 G. 4, aid or assistance, felony, punishable at the discretion of the Coiu't, 17 V. cl9,85,7 c. 2,B.23. custody and dis- All tilings seized as liable to forfeiture, shall be talcen forthwith and posal ol seizures delivered into the custody of the Collector and Controller, at the Custom House next to the place where seized, who shall secure them, by the means and in the manner provided and du-ected by the principal officers at King- ston, and, after condemnation, shall cause them to be sold by public auction to the best bidder. The principal officers at Kingston may direct in what manner the produce of the sale shall be apphed, or, in lieu of such sale, may direct any of them to be destroyed or reserved for the public service, 17 V. c. 2, s.'24. proof of pay- If any goods are seized for non-payment of duties, or other cause of ment of duties, tic forfeiture, and any dispute arises whether the duties have been paid, or they to lie on claimer have been lawfully imported, or lawfully laden or exported, the proof Shall be ui the owner or claimer, and not on the officer, 17 V . c. 2, s. 25. Claim how to ^° claim to any thing seized and returned into any Court, for adjudication, be entered, to be shall be admitted, unless entered in the name of the owner with his residence onoath'tothepro- and occupation, nor unless oath to the property be made by the owner or by P^rty big Attorney or Agent by whom the claim is entered, to the best of his know- 17.1 .„.j.i. ™i, ledge and belief. Making alalse oath, a misdemeanor, and punishable as demiSio?*"' "^ suci, 17 V. c. 2, s. 26. Security for No person shall be permitted to enter a claim, until security has been costs given in the Court, in a penalty not exceeding £60, to answer and pay the costs occasioned by such claim, and in default, the things shall be adiudged to be forfeited and Condemned, 17 V. c, 2, s. 27. CUSTOMS. In proceedings at the snit of the Crown, for the recovery of any duty or penalty, or the enforcement of any forfeiture, the parties shall be entitled to re- cover costs hgainst each other, as if conducted between subject and subject, and the like amendments may be made in such proceedings, by the Judge or Court, as in civil actions, and all duties, penalties and forfeitures, incurred under or imposed by any act relating to the Customs, and the liability to for- feiture of any goods seized, shall, where not otherwise provided, and except as after provided, be suedfor, prosecuted, determined and recovered by action of debt, information, or other appropriate proceeding in any Court of law or equity, or in the Court ot Vice Admiralty, in the name of the Attorney-Gene- ral, or of some officer of Customs, 17 V. c. 2, s. >;8. No writ shall be sued out against, nor a copy of any process served upon any officer of the Customs or Navy, or other person as aforesaid for any thing done in the exercise of his office, until one calendar montli after no- tice m writing, by the Attorney or Agent of the party, containing the cause of action, name and place of abode of the person who is to biing it, and of the Attorney or Agent, and no evidence of cause of action shall be produced except of such as is contained in such notice, and no verdict be given for the plaintiif, unless he prove on the trial that such notice was given, and in de- fault, the defendant shall receive a verdict and costs, 17 V. c. 2, s. 29. Every such action shall be brought within three calendar months, and be laid and tried in the place or district where the facts were committed, and the defendant may plead the general issue, and give the special matter in evi dence, and if the plaintiff become non-suited, discontinue, or if upon verdict or demurrer Judgment is given against him, the defendant shall receive his costs, and have such remedy as defendants in other cases, 17 V. c. 2, s. 30. In case any iu.' .rmation or suit is tried, for any cause of forfeiture, on account of the seizure, and a verdict is found for the claimant, and it appeal's to the Judge that there .vtis probable cause of seizure, he shall certify on the record such probable cause, and the certificate shall be a bar, and may be pleaded as such, to any action, indictment or other proceeding against the party making the seizure ; and in case any action &;c., shall be brought to trial against any person, on account of any seiznre (whether any information have been or shall be brought to trial for the condemnation of the same or not) and a verdict given for the plaintiff, if the Court or Judge certify on the record or other written proceedings, that there was probable cause for seizure the plaintiff' shall be entitled to no more than 2d damages, nor to any costs, nor shall the defendant in any such prosecution be fined more than Is. ; and the production of snob certificate, or a copy verified by the signature of the officer of the Court having charge thereof, shall be sufficient evidence, 17 V. c. 2, s. 31. The officer may, within one calendar month after notice, tender amends to the party complaining, or his agent, and plead such tender in bar, ■ with other pleas, and if the Jury find the amends sufficient, they shall give a ver- dict for the defendant, in which case, or if the plaintiff become nonsuit or discon- tinue, or Judgment is given for the defendant, he shall be entitled to the like- costs as if heTiad pleaded the general issue only ; but if upon issue joined the Jmy find that no amends were tendered, or that they were insufficient, or find against the defendant, on such plea or pleas, they shall give a verdict for the plaintiff, and such damages as they think proper, together with costs. ■ The defendant by leave of the Court, at any time before issue joined, may pay money into Court, as in other actions, 17 V. c. 2, s. 32. Penalties and forfeitures recovered under any act relating to the Cus- toms, where not otherwise provided for, shall be paid to the prmcipal officers at Kingston, and divided and paid, after deducting the charges of prosecution two-thirds into the Island Treasury, and the remaining one -third to the per- son who seizes, informs and sues, 17 V. c. 2, s. 33. Previously or subsequently to the commencement of any prosecution, un- der any act relating to tlie Customs, the Governor, if satisfied that the fine, penalty or forfeiture was incurred without any intention of fraud, or that ft is inexpedient to proceed, may mitigate or forego altogether, the same, and if commenced, may stop proceedings by directing the Attorney General to enter a nolle prosequi, or otherwise as well with respect to the share of the officer, as to the proportion payable into the Treasury, 17 V. e. 2, s. 34. Actions or Suits for recovery of penalties under this or any act relating to the customs, or to trade or navigation, may be commenced witliin three years after the offence committed, 17 V. c. 2, b. 35. US . 33-2C from the officer m command of the army or navv, that they were supplied for such public purpose, 17 V., c. 33, s. 9S ' CUSTOMS. 149 Any officer of the army or in the Ordnance or Commissariat depart- Bomitsion o n ment on actnal duty, and any commissioned officer of H. M's. fleet serving ?''"consumi«i'""of on this station, who imports any wines, brandy or other spirits, or pm- ofHoei-softiS, ™my chases from any resident importer or trader, any quantity (not less at one ""<' ""^y' <"^ '''^- timethan 50 gaUons) expressly for his private consumption, or for that of St'"" ''°"'"'''- any military or naval mess, shall be entitled to a remission of the duties, and the Eeceiver-General shall remit them, on a certificate from the Collec- tor and Controller of payment on importation, with a certificate from the respective officers claiming the di'awbaok, testifying the quantity of each article, and that it was imported or purchtised from an importer, to be named at length, expressly for their private consumption, or of any mili tary or naval mess, and are in the aotunl possession of such officer or mess. Such certificate to be countersigned by the officer commaiiding the forces or fleet, as signifying their approval, 17 V., c. 33, s. 29. On application by the consignee or captain of any vessel, bound for any ^'•'i'" »""■" "i"*"- port not a dependency of this island, the Collector, &o., may permit saoh on b"nd not°t<)"r6- stores or provisions as appear lo liim necessary to be cleared from any land them bonding warehouse7 upon tne consignee or agent entering into bond, in three times the amount of the dnlies, that no portion shall be re-landed in this island without notice to the proper officer, and permission first obtained, and upon any portion being landed except as aforesaid, such consignee or agent shall forfeit the penalty, to be recovered in any court of law, 17 V., c. 33, B. 30. '■ ' Upon entry inwards, the officers may permit any goods to be entered Entry in transitu as in transitu for my foreign port or port of this island by the same vessel, without"" Daymen t or may permit their transhipment to other vessels to be conveyed to their ofdutiw destination.without payment of duties at the port of transhipment, upon the importer or his known agent entering into bond for payment of duties, if landed, or for their being bonded at the port of destination in this island, under the like conditions and regulations as in the case of goods removed coastwise from one bonding warehouse to another, 23 V., c. 10, s. 1. All returns of imports aiid exports made to the Receiver-General by Forms of returns Sub-Collectors, shaU be In the form in the schedule to 9 V., c. 14 (expired) pOTtT''M"neoeiT"'. OP in any other form in conformity with the rules issued under this act. General The master of every vessel entering, shall, in his manifest, together with Manifest tlie marks and nnmber of packages, state their contents to the best of his kno wedge, agreeably to the form, 17 V., p. 33, s. 32. No drawback shall be allowed on any goods which by reason of dam- goods'ofieB^ value age or decay become of less value for home tlse than the amount of such than the drawback drawback ; and goods so damaged, cleared for dravpback, shall be forfeited, and the person who caused them to be cleared shall forfeit £200, 17 V"., c. 33, s. 33. If any goods cleared to be exported for drawback are not duly ex- ^af °VlS"'''-"°?h'" ported, or are re-landed (not having been re-landed or discharged, as ofeafed for^ dSwf short shipped, ander the care of the proper offlcerB,)_tliey shallbe forfdteid, '""!'= together with any ship, vessel, boat, or craft, used in re-lauding or carrjang them ; and any person by whom, or by whose meSns or orders Sgoh goods . g„j^ „„, ,. were re-Jamled or carried, shall forfeit equal to treble the value, such and otilor penalties un- all other forfeitures and penalties under this act to be recovered under 17 V., ■■?',■ "iisa'ctr-eeoTer- e, 2. 17 v., c. 33, s. 3/. _ able under u v. c. a If on the exportation of British or other goods for drawback, estimated draw&k bev° d according to value, the value then affixed is found to be greater than the the amount "n amount at which they were valued, at the time of importation, and on which wwoh duty w a s import duty was paid, the party claiming the drawback shall forfeit £100, ''" 17 V. c. 33, s. 35. Import goods upon which advalorem duties shall be paid, shall be en- Drawback on ox. titled, on the exportation, to any port or place abroad, within 2 years of the portMion within a date of their first importation to a drawback, equal in aniount to the ad valo- pai^'o^^imjortl^ rem duty paid on importation, upon the production of alike affidavit to that tion required by the following section, and such viva voce evidence, on oath, as the officers may require to be administered by the Collector in Kingston or Sub-Collector m any other port, to any person brought before him for exa- mination touching the importation and exportation, 20 V., c. 5, s. 9. , 150 CUSTOMS. To whom draw ~ No drawback allowed on exportation, unless the goods were entered in hack allowed jlie name of the real owner at the time of entiy and shipping, or of the actual purchaser and shipper, and wlio shall make and sign an affidavit (Form Schedule) that they were duly imported by him on the day of 18 (mentioning the period) or that he purchased the same Affidavit from the origi)ml importer on tlio day of 18 and that the ad valorem duty has been paid, and they are intended for shipment on board the master for 20 V., c. 5, s. 10. obtala*debmture ^"^ ^^^ purpose of computinx and paying drawback, a debenture (Form and payment ,Schedule) shall, within 10 days after the sailing of the exporting vessel, be prepared by the party claiming the drawback, accompauied by the affida- vits before mentioned, and laid before the Collector, &.C., who shall certify to the due entry outwards ; and from the value stated in the affidavit, and upon such evidence as may be tiiiien (s. 9,) the amount of duty to be return- ed shall be computed, and the debenture when signed deliveied to the party claiming the drawback, who, upon presenting same, shall receive the amount from the Receiver-General, and the receipt of the owner, merchant or ex- porter, or his known agent thereon, shall be the Receiver-General's dis-. charge, 20 V., c. 5, s. 11. Quantities upon Upon the exportation of any of the following goods, upon which duties '"jMch drawback of importation have been paid, without having been bonded, the Receiver- allovea - General shall return to the e.Kporter the whole of the duty paid under the above regulations. Not less tlian 10 barrels of flour, bread or meal, 10 fir- kins of lard or butter, 10 bo.xes ol landles, 20 boxes of soap, 5 hhds of ale beeror porter, in bulk, or I.") barrtls of bottled ale, beer, or porter, 10 barrels of beef, pork or pickled fi.sli, ."> tierces or 25 bags of rice, 500U lbs. weight of dried fish, 10 barrels of tongues, 5000 feet of lumber, or 5000 shingles * shall be exported at one time, 20 V., c. 5, s. 12. Drawback on Upon the exportation of any bread or biscuits made in this island made here*''°"'*^ from flour imported, the Receiver-'General shall return to the exporter the duty paid upon the flour consumed in making such. bread or biscuits, upon the production to him of a statement on oath of the quantity of flom* used ; the duties to be returned not to exceed the duties upon bread or biscuit im- ported under acts in force at tlie time of exportation, 20 V., c. 5, s. 13. Drawback on The di'awback or return of duties shall be allowed on the exportation exports to orand or carriage of goods to the Grand Caymanas, whereon duties are paid as Caymanas herein provided, and undei the like regulations as are herein directed in res- pect to drawback. In addition to other regulations, before any debenture IS signed, a certificate, under the hand and seal of the custos or some known authority at the place, setting forth the marks and-numbers of the packages containing the goods whereon drawback is claimed, and stating that such goods have been landed at the Grand Caymnnas, shall be produced to the collector, &c., and be presented with the debenture to the Eeciver-General, who shall not pay any drawback or return any duties unless such certificate is presented, 20 V. c. S, s. 14. »i.Kf'*™Bif "^^^ provisions of 17 V,, c. 33, and 20 V., c. 5, relating to drawback, ex- iu t^Btress tended to, and allowed to operate in respect to all materials necessary to be " used in the repairs of vessels putting into any harbour in distress for repaJi's, not exceeding in the aggregate £100, 28 V., c. 10, s. 11. faki'*taTOic5"&o^ ''*'"? person altering, with intent to defraud the revenue, any mark of ' anynackage, or the weight of any parcel of goods which has been bonded , or who wilfully uses any counterfeited or falsified invoice or document or instrument used in the transaction of any business or matter relating to the customs, shall forfeit £300, 20 V., c. 5, s. '15. of duties on li-. ^o'^ the better computation of the duties on ale, beer, porter, cider, quors in bottles perry, wines, or spirits in bottles, six reputed quart, or 12 reputed pint bot- tles, shall be taken to be one gallon, 20"V., c. 5, s. Ifi. Eemission o t The commissioners on proof that any quantity of oil has been imported or uShthomcs purchased for the use of any li.yht-house, gunpowder exclusively for mining Gunpowder for pnri)o.ses, iron exclusively as lails, chairs, and points for a railway or tram- mining way, may direct the llecei\er General to re-pay to tlie commissioners of the Iron for rail- light-house, or the importers or purchasers of gunpowder formining purposes ways or tramways or iron as aforesaid, the duty paid upon the quantity so imported or pur- chnspd, 20 v., c. 5, S..17. CUSTOMS. JgJ^ See Ti-actiou Engines, 26 V., S. 2, c. 19, s. 3. On Trac ti o n ml T Engines Ihe Inspector of Invoices at Kingston (when there shall be one), or the Powers and du- officer who, in his absencce, or when fliere shall be none ; is appointed by the *¥^ . °* mapeotor Governor to examine goods entered to pay duty according to the value, at fflttcerto'examine Kingston, or at any port (and the Governor is authorised to appoint such goods liable to ad- officers), shall examine every invoice previous to warrants being passed and valorem duties ; the duty paid, and ascertaiu and certify the correctness ; and no invoice shall '°S ^^ ^/ ^ be received, nor warrant passed for any goods mentioned in any invoice inv^res and m- not so certified ; and if any such inspector or officer see reason to doubt the sistant, see Im- accm-acy or correctness o"f the value placed upon any goods mentioned in ports 28 v., o. 10, any invoice, he shall require the importer or consignee to attend at the ^' ^' *■ customhouse, and examine him on oath (wliich the Collector or Sub-Collector shall administer), touching such goods and invoice, and the value thereof, and on all points relating thereto, 20 V., c. 5, s. 18. The Inspector, or other officer, shall, out of every shipment, or Increase value, importation of goods to or by any person, subject to ad valorem duty, """il in default ot open one package at least, and, if he think it necessaiy, all or any number tSJ''^^'in°' -fS ot the packages, and examine and count, or cause, &c., the contents of every value seu'^^th e package so opened, giving 48 honi's' notice to the importer or consignee who goods' may attend at the opening and examination, and should such goods or any portion be found upon examination to bo under value, or under price in the invoice or entiy, the Collector and Controller at Kingston, upon the report of the inspector or other officer to that effect being made to them, or the Sub-Collector at any other port upon his own view, may, instead of de- taining such goods, and, by virtue of a duty-paid entry, taking the same for the use of the Government (s. 5, sup.,), cause the value, as stated by the in- voice, or on the entry, to be increased to such amount as may seem neces- saiy"^ and the importer or consignee shall, within 5 days after the increase of valne has been intimated to him, pay the duties at such increased value, and in default of such payment, the goods shall be sold at such time and place as the Collector, &c., shall direct, and the proceeds, after deducting the duty, and all charges incurred by the officers, applied (as directed in the conclud- ing portion of 17 V., c. 23, s. 22, repealed by 20 V., c. 5, s. 1. See s, 5, sup. directing the distribution.) Notwithstanding the payment by any importer Penalty in ad- or consignee of duty upon any goods at the increa«ied value, or the sale of dition the goods by the officers, the importer or consignee shall, if the commission- ers are of opinion bis intention was to defraud the revenue, be liable to a penalty of £500, to be recovered under 17 V., c. 2. 20 V., c. 5, s. 19. If any inspector (sic) or consignee, upon any examination, wilfully and False evidence corruptly give false evidence, or answer, he shall be guilty of perjury, and —refusal to at- punisliable accordingly, and iJf he refuses or neglects to attend, or refuses to ^"ce™ ^^^ *"' give evidence oranswer in obedience to any requisition by the Inspector of mvoices or Sub-Collector, he shall be subject to the like penalties, and to be enforced as in cases of summary trials before Justices against persons refus- ing or neglecting to attend or give evidence, 20 V., c. 5, s. 20. In the absence of a Justice, the chief acting- officer, at any port other than ., . • t_„(..|,„.f Kingston, may administer oaths, or accept of declarations required ]>y any act J^tS^'fee 17 V. to be in fortfe relating teethe Customs, or to the entry or clearance of goods, o. 33,8. 7. 8 ; 20 or the warehpusing or exportation of the same, 20 V. , c. 5, s. 21. V. c. 5, s. 3 In all disputes between any importer or consignee and officer respect- CommisBionera ing the value of any goods, the commisBioner,s may determine the same, 20 ™5s ""^^ v., c. 5, s. 22. Whenever horned cattle are imported for the use of the naval or military Duties on cat- sei-vjce, the duties which may be enforced at the period of importation tie for the army shal^be paid by the contractor importing, '.'0 V. c. 5, s. 23. toKt»"*"^ ■" °°" Any contractor for the supply of fresh beef for the use of the army or Refimd of fdu- navy, shall be entitled to a refund of the duties paid on importation of the ti«B stock, if at the time of applicaticn for refund he delivers to, and leaves with the . Receiver-General an affidavit, sworn to hetVire a Justice, with a certificate of the officer at the head of the Commissariat Department, or in charge of the victualling depot, in respect of the quantity of meat supplied by the contrac- tor for the consumption of the forces, 20 V., o. 5, s. 24, 1^2 Affidavit to ob tain Note — Should any portion of the meat be sold to prevent ita apail- mg, let the same be stated, and a Sroportionate re- notion must be made by the eon- tractor from the duty claimed to be refunded CUSTOMS, Form •f affidavit :— I, A. B., contractor for the supply of fresh beef to Her Majesty's army (or navy) do solemnly swear that head of horred cattle, imported bv me on the day of in the (name of vessel) from (name the place whence imported) and on which a duty of 308. per head has been paid by me, have been slaughtered for the use of Her Majesty's service, ac- cording to the terms of my contract, and not otherwise ; and I do further swear that no portion of the flesh or carcase, with the exception of the head, heart, pluck, feet, tallow, and hides of such cattle or any of them, as to the best of my knowledge and belief, have been sold, or been delivered for consumption to any person or -persons not being entitled to receive and consume the same under the terms of my contract. — So help me God. And I hereby claim a refund of the undermentioned amount of duty, viz; On head of imported stock, slaughtered as above stated, at per head £ Less one fifth of the above, being the average value of the head, heart, pluck, feet, tallow, and hides, sold by me as above stated £ Amount of refund duty claimed £ Sworn to before me at this day of Jamaica 18 Signature of Magistrate. Certified that pounds weight of fresh beef have been supplied by Mr. the contractor for her Majesty's at between the Ist and of 18 CommisBariat, Jamaica, Kingston, 18 '-^ Signature of OflScer— 20 V. c, 5, s. 25. Ifany contractor, by himself, his servant or agent, sell or peimitto be aiMountld for ^°^^' ^"^ portion of the flesh not being accounted for in the preceding cer- tificate or affidavit, he shall, on conviction before 2 Justices, forfeit treble the amount of duty on the cattle in respect of which he claimed such refund ; and if he falsely depose to the affidavit, he shall, on conviction, sufi'er thfe penalties ^ False dep o 8 i- of ^ifol perjury, 20 V. , c. 5, s. 26. There shall be paid to the several officers during the continuance of this Salaries of of- Act, the salaries in the schedule annexed, in lieu of all fees for any services or *™" dutieB,23V., c. 12,s. 1. The Clerk in Kingston receiving a salary of £275 per annum, being £25 in addition to the £250 in schedule, shall continue to receive, in addition to the salary of £250, a fui'ther sum of £25 per annum, so long jis he con- tinues to hold his present appointment, 23 V.,- c. 12, s. 2. Such salaiies, and the sums for the remuneration'of additional Tide- Wait' ers, shall be paid monthly to the Collector and Controller at Kingston, and Sub-Collector at each port by the Receiver-General, upon the Governor's warrant, 23 V., c. 12, s. 3. . _ Besides the four Tide-'Waiters at Kingston ifientioned in the Schedule, the Collector and Controller at Kingston may employ and Unction the em- ployment when necessary of an^ number of persons to act as 'Tide-Waiters in Kingston and any other principaljports, ana each person so employed shall be paid at the rate of 8s. per day, for every day or part of a day he shall serve ; but no person shall serve as such, until he has taken an oath, which the CoUeotor at .Kingston, or Sub-Collector at any other port, may adminis- ter : I., A. B., do swear that I will faithfully and zealously perform the du- ties of a Tide- Waiter, ana without feai', favor or aifection, fee or re- ward, and uninfluenced and unrestrained by any expectation or con- sideration whatsoever, inform agamst every person whom I shall know to be evading or attempting to evade any of the revenue laws of this island, and that I will use all diligence to discover and make known any attempt to evade such laws, or any of them. So help me God, 23 V. , c. 12, s, 4. Additional Tide- waiters CUSTOMS. 153 If any offioei" demand or rebeive any fee for any service performed by penalties on de- him assuch, he shall forfeit £400, to be recovered "by action of debt or in- landing &o. fees formation, one moiety to the person suing, upon recoveiy of which penality, thp party suing or prosecuting shall be entitled' to his whole costs, out of purse, ,a8 between attorney and client to be taxed, 23 V., o. 12, s. 5. In case of refusal, wilful omission , or neglect on the part of imy officer to Neglect of duty perform any duty of his office on entering or clearing any vessel, or in de- *°- livering any necessary document or paper, he shall forfeit'uot exceeding £60 ' nor less than £20, to be recovered before two Justices, and, in default of pay- ment, the Justices shall commit the ofl'ender to gaol, not exceeding three months, nor less than six weeks, unless he sooner pay the penalty, 23 V., 0. 12, s. 6. Tlie Collector and Controller of Kingston shall take security from the Security officers in sUch snms and su*h number of surelies as may be deemed suffi- cient by the Executive Committee to her Majesty, for the due accounting for such monies and the faithful discharge of their duties. The preseut officers who have already given security peed not enter into fresb security, but the existing security snail continue in force, 23 V., c. 12, b. 7. A sum notexceeding £1500 shall be paid on the warrant of the Govev- £1500 per an- nor by the' Eeoeiver-Gteneral, in quarterly pordons to the Collector and '""'' '™ inoiden- ControUer at E^ngston, for incidental expenses of the establishment of the ^^P™^^^ island, who shall make a return every quarter of the expenditure for inci- dental expenses to the Executive Committee, 33 V., c. 12, s. S. . The Health Officers' fees, under 4 V., e. 33, s. 29, shall be recovered and Health officers' receiyed by the Collector and Controller at Kingston and Sub-Collectors at ^^^^ other g^ts, and paid over to the Receiver-General, in the same manner as the import duties, 23 V. c. 12, s. 9. Nothing herein shall prevent the abolition of any office, or reduction of Abolition of of- any salary during the continuance of this Act, — the salaries saved, to lapse floes te. into the general fund of the island, 23 V., c. 12, s. 18. The Governor need' not issue a new commission to any person holding Existing com- any office, Wnt the existins? commissions shall remain of force and effect, commissions t o 23 ■v., c. 12, s. 19. ' l™f^ ^ «"" Act to continue until 31st March, 1867, and notwithstanding its expiiy. Duration o£ any offences may be punished and penalties enforced, a3 V. c. 12, s. 22. act The "powers possessed by the harbour masters, of going on board any Export of arti- vessel about to depart from tne island, and examining it for the purpose of "'es of war preventing the export of articles of war, prohibited by proclamation, are also conferred upon the officers of Customs, 25 V. c. 23, s. 3. SCHEDULE A.— 20 V., c. 5. No. Jamaica. Custom-House, roim of delben- turea 9. These are to certify that has made oath ac- cording to law, and otherwise proved to our satisfaction that the se- veral goods specified on the back of this debenture, and set forth in the affidavit (or affidavits) hereunto annexed, have been sold for the purpose of exportation, and it having been made to appear to us from the certificate of the shipping officer that the said goods have been duly exported, we further certify that the amount of draw- back on this debenture is pounds shillings and pence. Collector. Controller. To the Be«eiver General. U 154 AflSdavit where exporter was also the importer 5. 10 CUSTOMS, I, do hereby make oath, that the several pack- ages of British or other goods specified on tlie back hereof, and en- tered .to be exported on the for were duly imported by me in the and the import duty of per cent, duly paid on the day of 18 I do further make oath, that the value now affixed to the said goods is the real and true value upon which the duty was paid at the time of importing the said goods into this island. Soheh) me God. Sworn before me this day of 18 Of exporter not elaiming d r a w- back, e. 10 No. 1. I, do hereby make oath, that the several packages of British goods specified on the back hereof, were purchased by me from the parties whose names are set opposite thereto, and that the said goods are intended for exportation in the master for — So help me God. Sworn before me this day of 18 Of claimant of drawback, 3. 10 No. 2- 1, do hereby make oath, that the several packages of British or other goods set forth in the affidavit of were sold by to the said and that the said goods were duly imported by on the and the import duty duly paid thereon : I do further make oath, that the value now affixed to the said goods is the real and true value upon which the duty was paid at the time of importing the said goods into this island. — So help me God. '' Sworn before me this day of 18 Certificate of ^"• cuitoB Of Grand Grand Caymanas. ? Caymanas. s. 14 pig^g^^^.i^grg Certificate Given. J Tl'ese are to certify that it hath been proved to my satisfaction that the several goods contained in packages, mai'ked and numbered res- pectively and brought fi'om the port of in the island ."f Jamaica, in the whereof is mas- ter, have been landed at Grand Caymanas. Given under mv hand and seal at C..,of 18 Signature Seal Custos (or other known authority.) Grand Caymanas, the SCHEDULE TO 23 V , c. 12. INCLUDING REMUNERATION FOR THE COLLECTION OF THE SEVERAL TON- NAGE DUTIES AND HEALTH OmCERS' FEES. Kingston — Collector CompI roller ■ One Clerk, at Two Clerks, at each One Clerk, at One Clerk, at One Cleric, at One Clerk, at One Clerk, at Landing Surveyor First Waiter and Searcher Second ditto ditto Third ditto ditto Fourth ditto ditto £800 40C 275 250 225 210 200 175 130 300 250 200 175 175 DEATHS BY NEGLECT, &0. 155 Kingston — Fifth Waiter and Searcher £175 Sixth ditto ditto 175 Warehouse Keeper 250 AsBiBtant ditto 175 Ifirst Locker 130 Second Locker 125 ThirdLooker 125 Inspector of Invoices 300 Sub-Collector at Old Harbour 250 Tide Surveyor at Port Eoyal JOO Four Tide-Waiters, at each 120 Poet Morant — Sub-Collector, Waiter and Searcher 250 Clerk 130 Morant Bat — Sub-Collector, Waiter and Searcher 225 Port Antonio — Sub-Collector, Waiter and Searcher 150 Port Maria— Sub-CoUector 250 Clerk and Landing Waiter 130 Annotto Bay — Sub-CoUector 225 FALMoifPH — Sub-CoUector 400 Landing Surveyor 250 First Waiter and Searcher 200 Second ditto ditto 175 ' Clerk and Warehouse Keeper 120 Eio Bdeno — Sub-Collector 150 Saint Ann's Bat — Sub-Collector 250 Montego Bat — Sub-Collector and Warehouse Keeper 400 Waiter and Searcher, and Landing Tide Surveyor 225 Clerk and Warehouse Keeper 175 Luce 4 — Sub-Collector 250 Savanna-la-Mar — Sub-Collector 250 Clerk and Landing Waiter 150 Black Eiver — Sub-CoUector 250 Deaths by Negflect, &c., Compensation. When death is caused by wrongful act, neglect or default, vrhich Actionawhen would have entitled the party injured to damages if death had not ensued, maintainable the person who would nave been liable shall be liable to an action for damages, although the death was caused under circumstances amounting in law to felony, 10 V., o. 6, s. 1. For the benefit of the wife, husband, parent and child of the deceased „ . and to be brought by his executor or administrator, the Jury may give fofwhOTo teneflt damage proportioned to the injury resulting to the parties for whose benefit ^na i^ ^hat nro- the action is brought, which amount, after deducting the costs not recovered portions divisible from the defendant, shall be divided amongst those parties in such shares as the Jury find, 10 V., c. 6, s. 2. No more than one action shall lie, and it shall be commenced within 12 ^^j ^^^ action calendar months after the death, 10 V., c. 6, s. 3. to lie, and within 12 months after In suclj action, the plaintiff shall, with the declaration, deliver to the 'J***h defendant or his attorney, a full particular of the persons on whose behalf „e™ns°interested the action is brought, and the nature of the claim in respect of which and claim to be damages are sought to be recovered, 10 V., c. 6, e. 4. delivered with de- claration "Persons" shall apply to bodies politic aijd corporate; "Parent"' Interpretation shall include father and mother, grand-father and grand-mother, and step- -father and step-mother ; and "Child," son and daughter, grand-son iind gi'and-danghter, and step-son and step-daughter, 10 V., c. 6, s. 5. 156 DEEDS. Deeds. To be aoknow- A deed in due form of law, made, dnd within three months after date, leclged or proved acknowledged by the parties, or prof ed by the oath of a witness, and and recorded to recorded at length in the office of enrolments within 3 months shall be valid,' 1^* a fease for '"'ittout livery, seisin, attornment, or any other act or ceremony in' the law ;• above 3 years and no deed made without such acknowledgment, or proof and enrolment, shall pass any freehold or inheritance, or grant any lease for above 3 years, g^ 33 C. -2, 0. 12, s. 1. power to 'persons ^^ ^''^7 person here lawfully empowered make sale of any lands or bere proved and freehold to any person in this island, and the deeds are duly proved^nd recorded before recorded, before any conveyance from the proprietor is here recorded the the praSto^rS ^^^^ ^^<^ ^'^^ P^^^^'^ '>«'"® *^1^ ^^ effectual, 33 C. 2, c. 12, s. 3. ""lind^raOTeyea ^'"^ of sale, deeds and conveyances heretofore made and duly executed, by deed as efflect- acknowledged, proved and recorded, pursuant to 33 C. 2., c. ^, although ually as by flue no valuable consideration be therein inserted, and all deeds and conveyances maaBf''°^^-M' 'o be made for valuable considerations of lands, in this island (excepting consideration ^J' infants and persons of nonsane memory), shall pass and convey the lauds 33 c. 2 c. 22 E. 3, as fully as any real estate in Great Britam can pass by fine and recovery, repealed 1(1 Ann, c. 12, s. 3. give^'recSs for '^^^ Secretary, his Deputies or Clerks, shall immediately upon bringing deeds &c. and en' any deed or ^Y^itlngs into the office, sign and give a receipt to the persons dorsethedate demanding the same, and paying for recording, and underwrite, or mdorse the day ot their being entered, and they shall oe deemed to be enrolled from the time of the entry, 10 Ann, c. 4, s. 2. And racord same iritbin 90 days And record them within 90 days, 56 G. 3, c. 19, s. 3 ; 60 G. 3, c. 28, s. 1. iDeeds executed in the island not Deeds executed in this island for lands shall be duly proved or acknow- So'davs'atteT'al;'' l^^g*'! ''"^ recorded within 90 days after date, or stand void against other poatpmiedtobona purchasers or mortgagees bona tide for valuable consideration, who prove fide deeds for val- and record their deeds within the time prescribed, 4 6. 2, c. 5, s. 5. uable considera- , ■ . , , ..■, . i , . , . tion duly recorded If any vendee, or mortgagee omit to-prove and record his deed withm But available the time, and pursuant to the .form prescribed, but afterwards does so, no TCnte &c nemuA sale, or mortgage being made, it shaU be good, 4 G. 2, c. 5, s. 6. Time within Deeds and con veyauces executed out of this island shall be proved or which deeds exe- acknowledged and recorded within { 6, extended by 16 G. 2, c. 5 to 12) outed out of the eaiendar months after their date, and within 90 days after the arrival of the corded™ ^^' ^'"'P which brought the same, otherwise to stand void with respect to other.pnr- chasers or mortgagees bona tide, for valuable consideration, but still to pre- serve and maintain a right and title against the vendor or mortgagor and their heirs, in case the first vendee or mortgagee shall, at any time, duly prove and record their deeds and conveyances, no second or other deed or conveyance being in the meantime proved or acknowledged and recorded in favor of any other person, 4 G. 2., c. 5, s. 7 ; 16 G. 2, c. 5. ve^orf'or^morf ^ ^^7 vendor or mortgager of lands, &c., in this island execute a gagers executing second or other deed, or conveyance , or sale, of the same, lands, &c. other deeds without no- than to the fii'st vendee, or a ,secpnd, or other deed of mortgage, without ticing previous bavingtaken notice of thefirst or prior mortgages, with which the lands mortgages stand charged at the time of executing the deed, he shall be tried and pun- ished, and subject to the forfeitures and penalties by. the laws of England, provided against persons who execute mortgagee without taking notice of prior mortgages, 4 G. 2, c. 5, s. 8. Deed&c. inSe- All deeds and other papers (excep^Jast wills and testaments) that have ''^^^^\t w?°fioa been recorded and have remained in the Secretary's Office for 20 years, shall troTed be destroyed by the Secretary, 21 G. 3, c. 23, s. 5. Partitions, Ex- No partition or exchange or assignment of any freehold or lease- chai^eB, Assign- JjqJ^ land shall be valid at law, unless made by deed, except in cases where ™lee partition, partition is authorized to be made under the act in force, 8 v., c. 19, s. 2. 8G. l.c-6 Neither the word "grant" nor the word "exchange'-' in any deed wOTcte " Grant ^'^"" ^^^^'^ ""^ effect of creating any warranty or right of re-entry, or cove- and Exchange" naiit by imphcation, except where by any act of this island it is or shall be declared the word " grant" shall have that effect, 8 V., c. 19, s. 5. ' Need "°^5.gg™j It shall not be necessary in any case to have a deed indented ; and any not parties may person, notaparty to any deed, may take animmediate benefit under it,'in the take benefit under same manner as he might under a deed poll, 8 V., c. 19, g, 9, DEFAMATION. 157 Deeds, Probate. toeeda executed in Great Britkin or Ireland; ehall he proved on the oath p,(,i,»te of deeda or amrmation or the sabscribmg witness or witnesses, or aolcnowledged by exeomea in Groat the parties before the Mayor or Chief Ma^strate of any city, borough, or Brtta'" or taiond town corporate in Great Britain or Ireland, and certified undier the Common Seal, 27 V.,S. 1, c. 17, s. 1. Deeds executed in any of the dominions, territories, colonies, dependen- in the dependen- cies or possessions of the Crown, shall be proved on the oath or affirmation oio» of the crown of the subscribing witness, or acKnowledged by the party before the Gov- ernor, or the Commander-in-Chief, or a Judge, or [he Mayor or Chief Ma- gistmte of any city or town, or a Notary Public, or any oliicer, civil or mili- tary, holding a commission tinder the Crown, either under the Imperial or Colonial Government, and certified under his hand and oj&cial seal, and where a seal is not appropriated to his oflice, under the private seal of such functionary, the certificate staticg that no official seal exists, 27 V., S. X, c. 17, s. 2. Deeds executed in any foreign state whatever, shall be proved or acknow- i„ foreign itatei ledged before her Majesty's Ambassador, Envoy, Minister, Charge d'Aftaires, or becretary of Embassy or Legation, exercising his fQnctions in such state, or before H. M's. Consul-General or Consul, or any Vice-Consul, or Acting Consnl, or Consular agent exercising his functions in such foreign state, and certified under his hand and seal, used in his public capacity, or under the hand and private seal of such functionary if there be no public seal, the ab- «ence of which is to be certified, 27 V., S. 1, c. 17, s. 3. When by stalii*fe or ordinance having the force of law in an^ part of Declaration in Ueu the United Kingdom, a declaration is substituted for an oath or atrirmation, of oaths the subscribing witnest may prove the execution by such declaration, in lieu of oath, 27 v., S. 1, c. .17, e. 4. Deeds executed in the island shall be proved on the oath or affirmation ;„ ,^j, ig,,^^ of the subscriljing witness, or acknowledged by the party, before the Gov- ernor, a Judge of the Supreme Court, or a Justice of the Peace, and bear the true temporal imd local date, 26 V. S. 1, c. 17, s. 5.Jj Where the right or property of any woman under coverture is intended Women under to be conveyed, released, or extinguished, she shall be examined separately coverture and apart from her husband by the person who takes and attests the pro- bate pv acknowledgment, and the examination certified as in England or this island, 27 V. S. 1, c. 17, s. 6. A deed may be executed in any place, whether subject to the Crown or not, and.proved and acknowledged, and the separate examination of any maiTied woman may betaken in. ^is island, or any other place where the witness or party may be, according to the provisions of this act having re- ference to the place where taken, and be as effectual as if proved or acknow- ledged at the place of execution, 27 V., S. 1, c. 17, s. 7. Where more than one witness attests (he execution by one party or probate by one more, it shall be sufficient to prove the execution by one of such subscribing attesting witneas Witnesses, 27 V. S., 1, c. 17, s. 8. .uffldent Anv Deed proved or acknowledged previously to this act as hereby re- quired, 'shall be valid, 27 V., S. 1, c. 17, s. 9. '■ • p^y1,S*' '"""'^ Not to render it imperative or necessary to prove or acknowledge any deed not previously reqrjped to be proved, &c., nor to alter stoutly re"quiring the existing rules of law or equity, as to the effect and operation of any deed probate which, although required, may not be so proved or recorded, 27 V., S. 1, c. 17, B. 10. Defamation. In any action for defamation, the defendant (after notice in writing of Offer of apology his intention to the plaintiff at the time of filing or delivering the plea), tanitigation may give in evidence, in mitigation of damages, that he made or offiared an apology to the plaintiff before the action, or as soon afterwards as he had an opportunity of doing so in case it was commenced before there was an opportunity of making or offering such apology ,-14 V., o. 34, s. ) ; 158 DEFAMATION. Plea that libel In an action for a libel in any public newspaper or other periodical "u^mSuca'^o^r^MB pubHcation, the defendant ma,y plead that it was inserted without, actual negligence and en malice and without gross neghgenoe, and that before the action, or at the apology or offer of earliest opportunity afterwards, he inserted in such newspaper or periodical JSyiXto fmMiey a fuU apology for the libel, or if the newspaper, &c., should be ordinarily into court, Bopii- published at intervals exceeding one weeli, had offered to publish the ""'°" apology in any newspaper, 6 "mi"" and the banns, must be re-published, 'i V.. c. 4], s. 4. tlonofbann^" *^*' No m'nister who solemnizes a-iv maviia'^e after publica'ion of banns b3tween persons, both, or one of whom (no:> being a widower or widow) ister^who^sof "'l- at the lime of marriage is under legal Hf^e, s ^i^ll be espon.iiile or lia' le for sea imn-riage after having solemnized bucb marriage ^AitllOut the consent of the I'urei t5 or •^'^n^s. between guard. aus, or oilier pei-son,-i w'lose c^iisen. is requii-ed by law. unlesw such P*^^^**"^ "" ^^ "^K* parent, &c., or one of them, forbid the mar.iage, and give notice to Ihe minister before he has solemnized the i?an;e ; and iu case tl e mairiii>;e is .'f marriage for- forbidden, iind notice given, the publicatipu ofthe banns shall be absolutely ^^'^'^'"^ '"'"'ns void void, -1 v., c. 44, s. 5.' The Governor may issui? licenses to marry to any Dissenting Minister Licenses to marry which shall authorize the solemuizatiou of the marriage by any minister by whom it could have been solemnized, if banns had been published — 4 v., c. 44, s. 6. Wantonly, maliciously, or frivolously forbidding the pnbiication of banns Wantonly forbid- or the solemnization of marriage , without lawful and sufficient cause and ^ng banns authority: penalty, a fine not exceeding £10 sterling, or imprisonment iu gaol, not exceeding two months, at the discretion of two Justices, 4 v., c. 44, B. 7. Marriages shall be solemnized in the presence of two witnesses besides Heqnisiiostomar- the minister, and immediately after an entry shall be made in a marriage r^'B". ragiswation register book, to be kept for the purpose, ' in which it shall be expressed iooorSngrseo as'v. that the marriage was had by banns or license, and if both or either of the e. a, o. lo.' parties married Dy banns were under age, and not a widower or widow, that it was had with the consent of the parents or guardians, or person hav- ing lawfuUeuthority to withhold consent, and be signed by the minister with his proper addition, and by fixe parties marded, and attested by the 160 DISSENTERS' MARRIAGES. two witueBSeSj, [form Schedule B] and at thesame time before the parties, depart, a duplicate original register shall be piade, signed, and , attested, [form Schedule C] and left in the hands of the minister, and within six ca; lendai- months transmitted to the Island Secretai-y, to be filed and recorded Copies ovidoiiM and safely preserved in his office. Such original register, and every, copy certified under the hand of the Island Secretary, shall be evidence of the facts therein recorded, when necessary, to give evidence of the marriage, 4 v., 0. 44, s. 9. Negloot in regis- Any minister who solemnizes any marriage under this Act, and is guilty tration, copying or of negligence Or wilful default in the registratioii or copying of the entries, tr«nnni.8ion and transmitting them, shall be guilty of a misdemeanor, and punished by imprisonment, not exceeding 12 months, 4 V., o. 44, s. 10, All persona may search the original re^ster book and iile of duplicate tifl °d"''°' ""' °"' registers in the presence of the person having the care of them, or his de- e copiei puty, and have a true copy of any entry, certified, under the hand of the minister or officer having the custody of the original or duplicate, to be a true copy in the form of the duplicate original register, except that it shall be headed certified copy (or copies) of original (or duplicate original) mai'- riage register (as the case may be) , and shall be dated on the day, month and year when delivered, 4 V., c. 44, s. 11. r„. The fees in Schedule D shall be demandable and paid I)y the parties, applying, before the performance of the duty to which they relate, 4 V , cr44, s. 12. Eruing Ac an. Unlawfully, wilfully and maliciously erasing, obliterating or deg- trioi. Forging Ice. troying or causing or pi-ocuring, &c., any original or duplicate original ro»i«tor» or oerti- register : feloiiy, — imprisonment in the common gaol or house of corredtipn, cop e> j^j. jjQj exceeding two years. Unlawfully or wilfully forging, or altei^iug or falsely making, or causing, or procuring or, permitting, &,c., any such ori- ginal or duplicate on^inal register or certified copy. Or khbwingly or wil- fully delivering, offering, uttering, or putting o^ any false, forged or al- tered copy : imprisonment in such gaol, or house of correction, for not ex- ceeding 3 years, and not less than 6 months, 4. V., c. 44, s. 13. Regiatorsofmar- Within 6 months after the act came info operation, all ministers not of riagoa b; ministora the Church of England, who had been accustuined to marry in their cha- uEngianiipreTiou P*'^ ^"^ elsewhere, and to keep a register of the names of the parties, their tothiiaci residence, and the date when tlie ceremony was performed, together with the names of witnesses in some oases, were I'equired to send a copy of such registries, certified, by the oath of the parties having charge of tlie original registers, as true and faithful copies of the registers in their possession, to the office of the Island Secretaiy, there to be kepfand recorded, and an ex- amined copy of the registry or record was declared evidence, in all courts, of such marriage, 4 V., c. 44, s. 14. „ I „ All copies of registers already returned into the Secretary's Office, 'tinder ^Copioannaorav. ^^^ [repealed] Act, 3V., c. 67, shall be valid from the date thereof, 4 V., c. 44, s. 15. matlon of '^'^ marriages solemnized at any time by Dissenting Ministers, before pmloui morrlagos this Act, and so registered and returned into the Secretary's Office, declared to he as good and valid as if they had been performed according to the rites of the Church of England, 4 V., c. 44, s. 16. All returns and documents, recorded in the Secretary's Office exempted .tamp?""™ "^ fi'0"> stamps, 4 V., o. 44, s. 17. Verifloa ana oor. '^^ better to preserve evidence of mamages so registered, and to fa- reitoi copies of 01- cilitate the proof thereof, every person in whose custody any register iating ■•»?•''«'■ '° lawfully was or should be, was required within 6 months after the pass- *ept.'°Certi«eil°oo- ing of the Act to make, or cause to be made, a fair and correct copy of plea every such register, and of entry therein, and examine, verify ana cor- rect (if and where found incorrect,) by the original, any such copy of a re- gister kept by the persnasion to which he belongs, and make a dTeclaration, as follows : •fieoteation tobe !> A. B.;' (describe the persuasion to which he belongs) do hereby annexed solemnly, sincerely and truly declare, that I have carefully exa- mined this copy, beginning the day of ■ (month and year), and ending on the day of (month and year) Bud contatning - pages and entries of maniages, with thie otigjnsil TeSiMWj and I believe the same to be thi-oughont a true and failhlnl eop;^ of the original regieteri of which it puraott* t« ba a eepjTi " A. B."^ DISSENTERS' MARRIAGES. 161 Which declaration was required to be entered and signed at the end of the copy to which it related, and the copy securely sealed up, and sent to the Ismnd Secretaiy to be recorded and kept with the registers of marriages in his office, where they may be seai'ohed ; and every copy of entry therein, certified under his hand to be a true copy, shall be of the same force and effect as any certified copy made by him, and which he is required to make, and may receive payment for as in other cases, 4 V., c. 44, s. 18. Any Minister wilfully making and signing any such declaration, know- ^oiso Docimation ing it to be false, shall, on conviction, suffer the penalties of perjury, 4 V., c. 44, s. 19. Any person who wilfully detains from the possession of the officiating and acknowledged minister qf any congregation of Christians within this island, the register of marriages of persons attached to, or performed by the minister attached to that congregation, shall be guilty of a misdemeanor and shall be imprisoned not exceeding 12 calendar months, 4 V., c. 44, s. 23. netainiiig regis- ter ttom miniBter SCHEDULE TO 4 V., c. 44. " I do solemnly declare that I know not of any lawful impediment why I, A. B., may not be joined in matrimony to C. D., here present," (and each of the parties shall say to each other) " I call upon these persons here present to witness that I, A. B. do take thee, C. D. to be my lawful wedded wife (or husband)" Declaration b y parties, s. 3 Original Begister of Marriages solemnized by Ministers of the Denomination in the Pariah (Circuit or Station) of "S 3 O) S § & 'S Sa CO ■ & 6 1 1 • si ED § a * 1 P4 esidencea time of riage. la il izi ' ^ ^ < O P3 M sence of } i Lucy Gyles.) us. (E. F. Duplicate Original Register of Marriages Solemnized by Ministers of the Denomination, in the Parish (Circuit or Station) of Precisely similar to Schedule B, with the addition at foot " Examined with the original register by, and found to be correct." A. B. Original Register Duplicate, s, f for registering amarriage, and transmitting tlie duplicate origi- nal to the Island Secretary 2 For every certified copy of entry of marriage as aforesaid 10 Ministers of religion transmitting duplicate original registers of mar- riages required by 4 V , o. 44, a. 9 to be tranamilted fo tlie Secretary's Of- fice to be filed and recorded, need not count the words, or do more than cer- . • « .1 .1 .1 1 1 • _ . ! _ • I ....; .i. ^ „-l-'t- m.-ril-}-, 4-1. m VI Feui demaiidablr, s. 1-J Duplicate regis- tura trnnsmittod to tho Secretary's Jrtice need not be. tify that they are the duplicate 26 v., S. 2, c. lO, s. 1. The filing and recordin. 26 V., S a,c.lO,s.2, original regiaters left with tbeiu— *=°""''^'' of which shall be paid by the public- thl'pubS'o'S^'l^^ l()i! DISTRESSES I'lllt KKNT AND TAXES. Distresses for Rent and Taxes. fo?°Bnt°uuder°i20 '^° psi'son makiuK any distress for rent, where the sum demanded and currency due does not exceed £20 (£12 sterling), nor any person employed in mak- ing or doing any act in the course of such distress, or for caiTying tlie same into eifect, shall take or receive out of the produce of the goods distrained upon and sold, or from the tenant or landlord, or any other person, any other costs and charges than set forth in the Schedule and appropriated to each act done, nor for any thing mentioned ju the Schedule unless really ■ done, 1 v., c. 25, s. 1. ^^Fonaiiy for tBk- If any person levy, take, or receive, or retain, or take from the pro- recovery """"""^ duce of any goods sold, any other or greater coats and charges than are meiitionedinsuch Schedule, or make any charge for any thing mentioned therein, and not really done, the parties aggrieved may apply to a justice ot the parish where the distress was made, or in any manner proceeded in, for redress of the grievance, who shall summon the persons complained of, examine in to the complaint, and hear the defence, and may adjudge treble the amount of the -monies unlawfully taken to be paid by the person so hav- ing • acted to the complainant, with full costs, and in case of non-payment shall forthwith issue his waiTant to levy the same, by distress and sale, and in case no sufficient distress can be had, shall, by warrant under his hand, commit the party until the order or judgment is satisfied, 1 V., c. 25, s. 2 Evidence Power to summon witnesses, and compel them to give evidence — Penalty not exceeding 40s. (24s. sterling) 1 V,, c. 25, s. 3, Costs of dismissal The Justice, if he finds the complaint not well-founded, may order costs not exceedmg 20s. (T5s. sterling) to be paid to the party complained against, which order shall be carried into effect, and levied and paid m the nianner, and with the like power of commitment as before directed. Landlord No Justice shall make any order or judgment against the landlord for whose benefitany distress ismade, unless he has personally levied such dis- tress. No person aggrieved by any distress for rent, or by any proceedings had in the course thereof, orb'y any C'Sts and charges levied upon him m respect of the same, shall be b'arreii from any legal or other suit or remd4y, except so far as any complaint preferred under this Act shall be determined by the order of the Justice, and which order and judgment may be given in evidence under the plea of the general issue, 1 V., c. 95, s. 4. forms nnd proof of Forms of orders and judgments which may be proved before any com-t orders of Justices j,y pj-gof pf ti,e signature of the Justice, 1 V., c. 25, s. 5. Notices of distress Every psrsou who levies any distress whatsoever, immediately after shall and cbarpres, wiiat- give (o the pcrson upon whose goods the distress is made a list, in writing, of ever the amount of ,^y^ jj^^ goods then distrained upon, with the names of the persons in whose behalf the distress is made, in which shall be stated the day of the month and year in which it was made, with the day on which the distress, if not otherwise satisfied, is to be sold 1 (and in case any person cannot conveni- Service ently be served with such list at or immediately after the time of distress, it shall be posted the same day on the principal door of the premises on which the distress is made) and shall give a copy of his charges, and of all the cosis and charges of any distiess whatsoever, signed by him, totheper- sons on whose goods any distress shall be levied, although the amount of the rent demanded exceed £20 (£12 sterling), 1 V., c. 25. s. 6. , . , All the rules and regulations, clauses, provisions, penalties and matters, distresses for rates shall extend, and be put in execution so far as applicable, withrespect to any and taxes church rates, distresses or levy made for land tax, assessed taxes, poor rates, highway raises, taxes, impositions or assessments whatever, in all cases where the sum demanded and due shall not exceed £20 (£12 sterling), and in all cases where the whole of the several sums, sought to be levied by distresses for any such taxes, &c., at the same time, shall not exceed £20 (£12 sterling), 1 V., c. 25, s. 7. SCHEDULE. form of order In a matter of the complaint of A. B., against C. D., for a breach of the MmpiSinaTrs 3?6 provisions of an Act of the first year of the reign of Her Majesty Qneen Victoria, entitled " An Act to regulate the costs of dista'esseS) levied for payment oi small reuts, rates and taxes. DIVIDING PENGES. J 63 I, E. P., a Jnstice of the Peace for the paiish of do order and adjudge that the said C. D. shall pay to the said A. B„ the sum of as a compensation aud satisfaction for unlawful charges and costs, levied.and taken from the said A. B., under a distress for front or taxes as the case may be,) and the further sum of for costs on this complaint. (Signed.) E. P. In a matter {as above). where tue com- I-n^T^ Ti- ^jiT* n, , , plaint is dismissed , JBj. Jb ., a Justice oi the Peace for the parish of as unfounded, with do order and adjudge that the complaint of tlie said A. B., is unfounded (if <»■ without costs costs are given,) and I do further order and adjudge that the said A. B., shall pay unto the said C. D., the sum of for costs. (Signed.) E. F. Cncy. equal to Sterling. Levying distresses £^S 3s. Costs and elmrge. Man m possession, per day 4s. 2d. 2s. 6d. on distressos, s i Appraisement, whether by one valuer or more, 6d in the £ on the value of goods. Stamp (the lawful amount) All expenses of .advertisement, if any such 15s. 9e. Catalogues, sale and commission, and delivery of goods Is in the £. on the nett produce of the sale. The executors or administrators of any lesBor or landlord, may distrain Distress by oi- upon the lands demised for any term, or at will, foi' the arrearages of rent f°''a?''VTfe?mo''' due to such lessor or landlord m his life time, in like manner as he migl: t "" ° ' ' . ' have done in his lifetime, 8 V., c. 28, s. 15. Such arrearages may be distrained for after the end or determination To bo maije within of the term or lease at will, in the same manner as if it had not been taJSation*^ of°t6n" ended or determined ; but the distress must ba made within 6 calendar tt"cy'°'ami during months after the determination and during the continuance of the posses- tenants' possession sion of the tenant from whom the arrears became due ; and all the powers and provisions in the statutes, relating lo distresses for rent, shall be appli- cable to distresses so made, 8 v., c. 28, s. 16. Dividingr Fences. Any person possessed of any iands, settlement, buildings or premises, Notice to sssist m having no dividing fences, or insufficient ones, may require, by a notice in junking or repair- writing in the fonn annexed, the owner or occupant ot the adjoining lands '"^ or premises where such fences are wanted, or the guai'diau, atttomey or agent of the owner, to assist in making, or repairing any, or all of' the dividing fences between them, 15 V., c. 22, s. 1. In case any such owner, guardian, attorney, or agent or occupier, re- Application o n fuse or fail to comply with such notice within 14 days after service, or in reftisai case the parties cannot agree upon their respective proportions, the per- son -making the requisition may apply to a Justice to summon, by his war- rant, three neighbouring freeholders as a Jury, who shall be sworn by the summon a''°jury Justice to ascertain the propriety of the requisition, and what sort of fence to ascertain the will be moat proper for the situation, or if the existing fence be an old one JmSfsftlon °^ "'° what repaire are necessary, or whether it would be_ necessary lo substitute anew fence, and the jury being so sworn, and having viewed the premises, Proceedings ana shall make return in writing of the particulars to the Jnstice, and there- "turn upon the person making such requisition, under order of the Jnstice, may proceed in laying out, making or repairing, or removing and reinstating the fence agreeably to the return of the jury. When the work is completed, a jury of 3 freeholders, shall in like manner be summoned by the same or some Jury to be sum- other Justice, and being dnljr sworn to fix the price, and to consider the ^™°^ onso?'""'"" particular convenience .such fence may be to either party, shall proceed to '° ""ponsos consider and determine the same accordingly, and if they find the fence and repairs to be more beneficial to one party than to the other, they shall regu- ] 64 DROGHERS. Pioooodingn to late and apportion the expense accordingly. In case of refusal or of failare, enforeepiyment by either party, to pay Ms proportion of the expense within ten days after the same is ascertained, the same or any other Justice (such refusal or By distress failure having been declared on oath to be administered by such last mentioned Justice,) shall issue his distress waiTant to any constable, to compel payment, by sale of the goods of the person refusing or failing, .which sale shall take place 10 days after the distress, nidesB otherwise agreed to Ly the parties,, or Or action "^® party refusing or failing to pay his proportion may be proceeded against by action of debt, for the recovery of the amomit for which he shall so have been declared liable, 15 V., c. ii2, s. 2. Notice of Eequisition. tion°s°i °' '^'"'^"'' Under and by virtue of the provisions of an Act, 15 Victoria, chapter 22. I hereby require you to assist in mailing or repairing the dividing fence between settlement, plantation, buildings or land (as the case may be) and settlement, plantation, buiidings or land (as the case may be) in such equitable propoition as may be agreed on. After requisition If any person who has been duly called upon according to law to make, the party debarred renew or repair a line fence, refuse or neglect to do so, he shall be debarred raage "'"f"'"^ dis' f''o™ claiming damage for trespass, and from impounding the stock of the tresi, or imponnd- person Who had made the requisition, under a penalty of 20s., to be recovered' '"pemiu "" ^ summary manner before two magistrates, 15 V.," c. II, s. 24. How enforceable To be levied upon the goods of the offender, and in default of goods the Justices shall sentence the party to be imprisoned, not exceeding 60 days 15 v., c. 11, 8. 25. Dormant Securities. After 20 years All bills, bonds and mortgages, judgments and other wridngs obli- "'ii gatory, whereon no payment is made, or which are not legally demanded within 20 years from the time tliey became due, or from the last payment, Fersoas under thereon, shall be mill and void, but the limitation shall not extend toper- disability sons under 21, women under coverture, or persons of unsound memory,- proyided they bring their actions within three years after their disability IS removed, 29 G. 3, o. 13, s. 4. Drog-hers. . Lien for freight Owners or masters may detain, out of any parcel of goods brought from any outport to Kingston, as much as the freight amounts to, on refusal of the consignee to pay, and have them valued by a Justice of Kingston, and may detain so much of the value as win pay the freight, returning any overplus to the consignee, 31 6. 3, c. 3, s. 2. Liabiiitv of ship- Por goods Carried from Kingston to an outport, the owner or master per in Kingston may demand from the shipper after delivery, according to the tenor of the Summary recove- receipts Or bills of lading, the amount of freight, and on his refusal, may ''' complain to two Justices of Kingston, who, under the penalty of £20 (£12 sterling) shall hear the complaint, and, on proof, issue their warrant to a constable, of distress and sale, after five days' notice. Fees of distress Is. in the pound on the monies arisingfrom the sale, 31 G. 3. c. 3, s. 3. Shipper ftom out Owners or masters may agree with the shipper for freight from one •""'" outport to another, and on landing them, or afterwards on refusal to pay, may complain to a Magistrate of me parish where the shipper resides, who, under penalty of £20 (£12 sterling) shall hear the complaint, and on proof, proceed as the Magistrates of Kingston are directed, and the constables shall proceed and be entitled to the same perquisites as those of Kingston, 31 G. 3, c. 3, s. 4. Eeooipts or bills Merchants, factors, wharfingers, or others shipping goods from King- of lading to be giv- ston to an outport, or from an outport to Kingston, or from one port to ''" another, shall deliver Uie goods by weight, gauge, measure, quantity or condition to the master, and take two or more receipts or bills of lading, one of which with the invoice shall be transmitted to the consignee or his ai,'ent, on pain of forfeiting the value of the goods lost through their ne- glect I and the master shall sign such receipts or bills of lading, under pen- alty of £50 (£30 sterling) ; but no merchant, &c., shall unnecessarily delay him to sign them, 31 G. 3, c. 3, s 5, ClearaDoa. Porta to be visited in or- der DROaHERS. 165 Wharfingers at Kingston or outporte shall weigh, gauge, measure, Duties and itabiii- connt and examine, according to their jjuality, all goods shipped and landed tieso'.wharnngeri at their wharves immediately on landing, and enter the same with their weight, gauge, measure, quantity and condition in theii- wharf books, which they are required to keep, charging; according to the established rates, under penalty of £50 (£30 sterhng^ Wharfingers and others em- On ahlpmenti to ployed in shipping goods to ISurope, shall weigh, gauge, &c., the goods ^''"''° at the shipping or delivery, and make regular entries in their books, 31 G., 3 c. 3, s. 6. Masters shall sign two or more receipts or bills of lading, for goods neoeipts or bins received on freight at any outpovt,' to be carried to Kingston, 31 G., 3, of lading in dupii- 0. 3, s. 7. «»«» Every master shall clear out at the proper ofiicea every time he sails from Kingston, in which clearance shall be set forth, on oath, the port to which he nas engaged to carry goods on freight, to be administered Iby the proper officer, and tihall not, nnder penalty of £50, (£30 sterhng) stop at any other port, &c., without havmg been first at the ports cleared out for, and shall stop at the several ports in regular succession, stress of weather or other unavoidable accident excepted ; ^n which case he shall, within 48 hours after arrival at any port for which he had not cleared out, make a re- gular protest upon oath before a magistrate, setting forth the cause or neces- sity of putting m, 31 G. 3 c, 3, s. 8. Any Master selling or disposing of (or not delivering at the port where they were deliverable) any goods taken on board on freight, shall forfeit treble the value to the owner, recoverable by action of debt, 31 G. 3, c. 3, s. 9. Every master, uud.'i' penalty of £50 {£30 sterling) shall land and deli- ver goods cairied on frei ;ht at the port specified in the receipts or bills of lading, -and on failure to dcUver every parcel taken on board on freight, according to the weight, gauge, measure, quantity and condition by which he received them, shall forfeit treble the value of the goods he fails to de- liver at the port of delivery to the owner, recoverable by action of debt, 31 G. 3, c. 3, 6. 10. Every master signing receipts or bills of lading for proof rum, and not delivering it of sufficient proof to sink oil of olives, shall forfeit £10, (£fa sterling) for every puncheon or cask so deliveredj to be recovered in a summary manner before 2 Magistrates of the parish where landed, on complaint on oath of the proprietor or consignee, lis agent or factor, who are to hear and proceed on the complaint in the manner the Justices of Kmgston are before directed, under penalty of £20 (£12 sterling), and the constable shall proceed and be entitled to the same perquisites as in Kingston, 31 6. 3, c, 3, s. 11. Every master spoiling or adulterating Madeira or other wines, taken on board on freight, by mixing any other liquid therewith, or in any other manner, shall forfeit double the value ofthepipeor cask of wine, recover- able as above, on complaint of the proprietor, his factor or agent. Similar provisions as to Justices and Constables, 31 G. 3, c. 3, s. 12. No part of the Act shall extend to boats employed by tihe inhabitants of Kingston or Port Koyal, to fetch plantains and other provisions for the use of the towns, but tney may transport goods from port to port in their usual manner, 31 G., 3, c. 3, s. 13. Merchants, factors, wharfingers or others receiving and delivering goods at Passage Fort or Port Henderson to be sent to Kii^ston, ana goods delivered at Kingston to be sent to Passage Port and Port Henderson, shall have the weight, gauge, &c., ascertained, as well on the receipt as at the delivery, on pain of forfeiting the value of the goods lost or deficient through their neglect, and each boatman or master of a vessel, caiTying goods between Kingston, Passage Fort and Port Henderson, shall under Penalty, of £50 (£30 sterling, give a receipt or bill of lading for the goods received on board, or forfeit treble the value of the goods he fails to deliver, to be recovered as in cases between Kingston and ontports. Boatmen &c. signing receipts or bills of lading for proof rum, to be cairied from Passage Port or Port Henderson to Kingston, and not delivering it in like good order, or spoiling or adulterating Madeira or other wines, to be carried from Kingston to Passage Port or Port Henderson, shall be liable to the same penalties, to be recovered in the same manner as directed in cases between Kingston and the outports, 31 G. 3, c. 3, s. 14, Sale of goods ta ken on freight Penalties for non- delivery at ports of landing Adulterating rum Extent of act Passage Fort ; Fort Henderson 166 EDUCATION, COMPETITIVE EXAMINATIONS. ^^^ In time of war, £50 per cent may be demanded for freight of goods on the sum allowed in table of rates, 31 G. 3, o. 3, a. 15. Heoovery && Penalties not Otherwise declared shall be recoverable in the Supreme ponaitios Court, one moiety to the informer, 31 G. 3, c. 3, e. 16. " " Droghers and ships' boats clearing coastwise shall have free egress from one port to another, without any foit pass being required, 3' V., c. 41. Fort pass un- alTorded to schools Education, Competitive EKaminations. Commissioners The Governor, the Lord Bishop of Jamaica (or in his absence the Bishop of Kingston, or other Coadjutor or Suffragan Bishop, 22 V., c. 23, s. 3) the President of the Council, the Speaker of the Assembly, and Ave other per- sons to be nominated by the Governor, shall be Commissioners for enquir- ing aud examining into, and ascertaining the state and progress of education and industrial instruction among the industrial classes of inhabitants, and of distributing, in aid of schools already or to be established for the benefit of such classes, in such proportions as to them may seem expedient, such sums as may by tliis or any subsequent Act of the Legislature be placed at their disposal for such purpose, upon the conditions after imposed, 8 V., c. 40, s. 1. Boara of eauoa- The Commissioners (three a quorum) of whom the Governor to be one, shall benamed "The Board of Education", 8 V. c. 40, s. 2. Conaiiions on £1000 was placed attheir disposal, 8 V.,*c. 40, s. 3. which a^a. may ba The Board shall not apply any portion of the sum placed at their disposal nffnp flii in an nn B /gxccpt as after cxccpted) tothc purfiuase Or Icaso of land, or thc crection, ropair lease or purchase of buildings, or to the use of any school, industrial or otherwise, not originally established and in operation by means of funds other than those provided by this Act, or to any school, unless the master first signifies to the board, in writing, his consent that a committee may visit the school and examine into its state and system, and into the acquirements, in- dustrial, and otherwise, and the progress and knowledge of the scholars, and also consent to afford all information respecting the school, desired by the board, or to any school in which it is not proved that the Holy Scriptures are habituallv read and explained to the scholars, or to any school where the number of scholars who attend on the average of days do not amomit to atleast20,8V., c. 40, s. 4. Ho mora than £so Nor shall they apply for any school, except as after excepted, exceeding :?i?oof?S"?hc'°,am^ £50 in one year, ^ V., c. 40, s. S.'' year The Board were authorized to applj £300 to be expended in whatever 1 5l?JS?' °°''°°' "' mannertheymightdeemjnostconducive to the effective establishment of a inausiiy Normal School of Industry, 8. V., c. 40, s. 6. competitiTo ei- The Governor may appoint five persons to be a board of Public Exa- " B°ard"'of public miners, fill up vacancies, aud revoke appointments, 25 V., c. 6, s. 1. eiaminsrs Three to be a quorum. Any member may be elected chairman, and in man"""""' '"'°"'" his absence any member present may be selected to preside as chairman, 25 "V„ c. 6, s. 2. The Board may call in the aid of qualified persons to assist them in con- ducting examinatioiis and otherwise, 25 V., c. 6, s. 3. Dutiei. of hoard Duties of the Board :— 1. To frame and publish regulations to be observed by candidates for exa- mination, which must be approved'by the Governor and Executive Committee. 9. To examine in each year, in Kingston, or cause to be examined at other convenient towns by assistant examiners, at times and places to be fixed by six months' previous notice, candidates in reading and writ- ing, including writing from dictation, arithmetic, English language and grammar, Biblical knowledge, Geography, History, including lo- cal history, popular science, school management, ancient and modern languages, and other subjects as may be decided upon. 3. To keep a record of tbe candidates, shewing the name, age, place of birth and residence of each, and the result of his exammation, mentioning the particular avocation or employment, if any, for which he has shewn special aptitude. 4. To grant certificates of qualification to candidates whose examination as to fitness, and whose testimonials as to moral character have been found satisfactory, who shall be classed in three classes, and receive certifi- cates of the first, second or third class, according (o their merits 25 v., c. 6, S.4 ' EJECTMENTS, LANDS OF SMALL VALUE. 167 Every persoji who obtains auy such certificate, and is employed as a AMitionni giantj teacher in any school, supported or assisted by grant foi educational pur- Khoou who'^havo poses, shall receive paymefit, on the v?errant of the Governor, out of such obtained ccr-tiflca- fund. " '«» A teacher who has obtained a certificate of the 1st class, per annum, £10 Second class, £7 lOs. Third class, £5 In addition to any benefit from any [other grant out of such fund in aid ot the school in vyhioh he is emplyed, 25 V., c. 6, s. 5. After the third annual examination, no grant shall be made out of such j x a'mf ^'atfoffofo fund in aid of any school which has not been placed under the chai'ge of a, Brant to bo maSo to teacher who has obtained a certificate, 25 V., o. 6, s. 6. % oSmcated t™S The Governor may appoint any assistant examiner or other competent per- ""^gjistant examin- sonineachCountytomspectandreportannuallyuponthestateofany schools or to report on receiving aid from the public funds, and the progress they have made since schools the last report, disbiuguishiug whether they are under the charge of masters holding certificates or not, with such other, remarks as may seem necessary; a copy to be laid before each branch of the Legislature and the Board of Examiners, 25 V., c. 6, s. 7. Incase the proficiency of any person who obtains a certiflcate of the Special reoom first class is considered by the exammera to merit special recommendation,. ™?^f'''"' for pro he shall, on application for, and producing the certificate and special recom- *°'°?°y -mendation be deemed a meritorious candidate for employment m thei pubKc service, 25 V.,c. 6, s. 8. The Governor and Executive Committee may appropriate out of any -p^^jg ^ „„„j fund voted for educational purposes not exceeding £250 _per annum for ex- expenditure penses or charges for procuring the services of q^ualified persons to assist the board, and otherwise about the examinations, and inspecting and reporting upon the schools, 25 V., c. 6, s, 9. Ejectments, Siancls of Small Value. ^ Any person lawfully entitled to any lands, the annual value whereof does summary p,r o- not exceed £12, upon which any other has entered, or is in adverse posses- vaiue'not'oicedinB ■sion, may proceed for its recovery before 2 Justices, 25 V., c. 46, s. 1. ^is The summons (Schedule A) shall be the process for initiating proceedings, g„mni(,„, and upon proof of service of a copy, at least 12 days before that fixed for the hearing, on the person sought to be ejected, the Justices may h^ar the com- plaint, 25 v., c. 46, s. 2. The warrant (Schedule B) shallbe the process for giving possession to the warrant -party who has proved his case, and shall be issued forthwith after judg- ment, and continue efleotive until fully executed, 25 V., c. 46, s. 3. The stamps shall be 2b. on the summons, 2s. on the warrant, and 6d. on stamps each original subpoena, and no other, 25 V., c.'46, s. 4. The fees shall be 10s. 6d. to the Clerk of the magistrates for filling up and Fees issuing the summons, attending the trial, and taking down notes of evidence; 3s. for filling up and issuing the warrant; and Is. for each original subpoena ; and 3d. for each copy, allowing for the purposes of this clause and of the stamp duty three copies to each original ; and Is 6d for recording the judgment, 25 V. c. 46, s. 5. All process shall be served by the police, except the warrant to levy Costs, SorTico and exo ■ Which shall be executed by the Collector of Petty Debts, and his surety «""»" "f prooco.s bond shall include the duties hereby required of him, and his securities shall be liable for their performance, 25 V., c. 46, s. 6. The Justices may award costs, to the extent of the fees and stamps, and Costs £l.ls. for an Attorney -at-Law, if one attends; and the expenses of such witnesses as have attended, and were material, according to a scale to be fixed by a Special Session of Justices, to be convened for the purpose as occasion requires, to the party succeeding, which shall be recoverable by distress war- rant, (Schedule D) 25 V., c. 46, s. 7. Subpoenas shall be in the form Schedule C, and witnesses refusing or omit- Subpoma witno* ting to attend without reasonable cause, or to give evidence, may be pro- °°' seeded against and punished under 13 V., e, 35( 2& V., o. 46, a. Si 168 Evidenae, dcedu, copieB of recorded documents Power to a^udi- cateupon question! of title &o. Disputed value Equitable title Costs on eject- ments in Supreme Court where land is not found to be of sreater annual val- ue than £li Endorsement of Anding of Justices on summons Secord Fore and alphabets Appeal Interpretation EJECTMENTS, LAJfDS OF SMALL VALUE. All original deedj shewing on its face that it was proved and recorded, may be received in evidence, without calling the attesting or any other wit- ness, and plain copies of documents of record in any public office, accompa- nied by an affidavit,' sworn before a Justice of any parish by two persons stating that they carefully examined such copies with the original re- cords, and that such copies are true and correct, 25 V., c. 46, s. 9. The justices may adjudicate upon any question of title, possessory or otherwise, and also as to the continuance or termination of a tenancy, and in all respects exercise as ample jurisdiction as the superior courts, in respect of lands of greater annual value, 25 V., c. 46, s. 10. The value, if disputed, shall, in the first instance, be established, and de- termined by the justices upon evidence, and the portion of land claimed shall alone be valued, 25 V., c. 46, s. IT. Any person equitably entitled may proceed and recover against a wrong- doer, and the legal title shall only be allowed to intervene or prevail as be- tween the legal and equitable owners, 25 V., c. 46, s. 12. In no case shall more costs be allowed or taxed to a plaintiff or lessor of the plaintiff recovering in ejectment in the Supreme Court, than would be recoverable and taxable under this act, unless a special verdict is found, and endorsed on the record that the land recovered is of greater annual value than £12, and to be produced to the taxing officer, 25 V., c. 46, s. 13. The Justices shall endorse their finding on the back or folding of the ori- ginal summons, and sign the same, which shall be preserved in the office of the Clerk of the Magistrates ; and for a further record, each Clerk of the Ma- fistrates shall keep a bound book of printed forms, (Schedule A) and imme- iately after every adjudication, one of such forms shall be carefully filled up in exact accordance with the original summons as disposed of, and in the margin shall be copied, opposite the form so filled up', tne endorsements and remarks of the Justices, and the day of the issuing of the warrant, if judg- ment is found for the claimant, and a correct back 'and fore-alphabet shall be kept and brought up at all times, within one week, 25 V., c. 46, s. 14. The right of appeal shall prevail in proceedings under this Act, 25 V., c. 46,8.15. The forms in schedule, or to the like effect, shall be sufficient, and no pro- ceedings shall be quashed for defect of form, 25 V., c. 46, s. 16. "Laud" shall mean and include houses, buildings and other corporeal hereditaments, 25 V., c. 46, s. 17. SCHEDULE TO 25 V., o. 46. A. Summons, s. JAUAICA, SS. Name of Parish or Precinct.. Take notice, that it is the intention of of the parish of (labourer or merchant as the case may be) , to apply under the provisions of the act of the legislature of this island, entitled ' ' An Act to repeal the third Victoria, chapter thirty- three, and the twenty-first Victoria, chapter ten, relating to sum- mary recovery of lands of small value, and to make other enact- ments in lieu thereof," to two of Her Majesty's Justices of the Peace, on the ' day of one thousand eight hundred and at the Court House, at at the hour of eleven of the clock in the fore- noon, or at any time between that hour, and the hour of three of the clock in the afternoon of the same day at which the Justices may attend, to enquire mtp and adjudicate on the claim of the said to have' possession delivered to him of the piece or parcel of land, with the buildings thereon, situate in the said parish of and containing by esti- mation acres roods and perches, 'or feet, and butting and bounding, (state the boundaries as correctly as can be), which said land and premises, are claimed by the said as (state tne estate claimed)! and take further notice that in the event of your not ap- peMiBg) thd case will be heard and determined in your absence. BJHCTMBNTS, LANDS o\' SM^lLlj VALUE, 169 Given under my hand this day of 186 (as tlie case may be) (To be signed by any Magistrate of the parish in which the case is to be heard). To of the parish of (Isijbourev or iti^rchant, as the case may be), the person now in possession of the land and premises above-mentioned and described. Jamaica, ss. ^ Name of Parish or Precinct. UvYrTo^Ldot Whereas, upon the complaint of (name of claimant) , heard and adjudi- s. 3 cated before us, the undersigned Justices of the Peace of the parish of on the day of 188 it was adjudged and determined that the said is legally entitled to the possession of the piece or parcel of land with the buildings thereon, situate in the said parish of and containmg by estimation, acres, roods, and perches, or feet, and butting and bounding (state the boundaries as correctly as can be) which said lands and premises ai'e claimed by the said as (state the estate claimed) : These are therefore, in her Majesty's name, to authorize and require you fortliwit'ft to proceed to the lauds and premises in question, and with such force as may be necessary to take and deliver posession of the said lauds and premises to the said or to such agent as may attend on his be- half to receive such possession. A. B. I Justices adjudi- C. D. ) eating. To the Police of the parish of Jamaica, ss. Pariah or Precinct. Notice to give To (Witnesses name and description.) evidence, s. 8 These are to require you to appear and give evidence at the Court House, at in tlie parish of at o'clock on the day of 186 in a mat- ter in which of the parish of seeks to recover possession of certaui lands and premises situate in the said parish of from ' the person now in possession thereof, on the part and behalf of the said claimant (or defendant) : therefore fail not at your peril. Given under my hand this day of in the year of our Lord, im I To be signed by any Jlagistrate of the parish in which the case is to be heard.) Name of Parish or Precinct. To Collector of Petty Debts for the parish of P You are hereby required, on sight hereof, forthwith to levy the sum of jiistross for costs pounds, being the amount of costs adjudged MgLiiii^t s. 7 in favor of on the dispo-al of a certain appli'a- tion of the said ayainst the said under the provisions of the act of the legislature of Ihie island, twenty-iifth victoria, chapter fony-six. entitled an Act to lepeal thethirJ victo- ria, chapter thirty three, and the twenty-tirst Victoria, chapter ten, relating to summary recovery of lands of small value, and to malie other enactments in lieu thereof, together with the further sum of two shillings for executing this distress, and poundage at the rate of one shilling in the pound on the amount of co.-ts heieby directed to be levied upon the goods, except the necessary wearing apparel and tools of trade of the said , and you are also required to sellthe 170 EMBLEMENTS. goods so distrained wittiin tlie space of one week' from and after such levy ; and out of the proceeds thereof to satisfy the said of the amount of the said costs, and to retain to your- self the sum of two shillings, and th^ poundage, and to return any overplus to the said and you are hereby further required, in default of findiug sufficieat goods whereon to levy the whole of the said costs, andthe-said sum of two shillings, and the poundage, to arrest the said by the body, and imprison him for the space of ten days in the nearest gaol, unless the amount directed to be levied respectively, or ao much thereof as thou canst not levy, be sooner paid ; and, for so doing, this shall be your sufficient warrant. day of in the Given under our hands this year of our Lord, 186 A. B. > Adjudicating C. D. Justices. When ssue Form of writ Emblements. i Incases of emblements the Judges may, upon cause shewn in open court, upon affidavit containing the names of the parties liable, issue, or cause, &e. out of and retui-nable mto the Supreme Court, a ^writ of enquiry to the Provost- Marshal, to warn 24 good and lawful men of the neighbourhood (each of whom to have a freehold of the value of £10 (£6 sterhng) per an- num, at the least, to m^et on tlie premises at a day by him to be appointed, then and there by the oaths of 12 of such freeholders, to be chosen by bal- lot from such as attend, being sworn in presence of a Justice (to be warned and attending for the purpose) to view, examine and enquire, and, on full consideration, determine tne quantity, share and proportion for emblements of the crop on the gi'ound at the death of the person under whom they are claimed, aud the names of the parties liable thereto, and appraise and value the same in the following form : — George the Third, &c., to the Provost -Marshal General of our said island, greeting : Whereas it hath beenrepresentedtotheJudgesof our Supreme Comt of Judicature, that A. B, of, &c. departed this life possessed of all that, &c. (setting forth the premises), and whereas C. D., of, &c., the Executor of the said A B (or Administrator as the case may be) hath made it appear to the satisfaction of the Judges of our Su- preme Court of Judicature that he is well entitled to emblements of the crop on the ground at the time of the death of the said A B ; and we being wilhng that what is just and right should be done, do command you, that you warn, or cause to be warned, twenty- four good and lawml men of the neighbourhood of the said. premises, each of whom to have a freehold of the value of £10 j £6 sterling) per annum, at the least, to meet on the said premises on some certain day by you to be appointed, and -then and there by the oaths of twelve of the said freeholders by you to be chosen by ballot fi'om amongst so many of the said twenty-fom- freeholders to be warned as shall attend, being first sworn m the presence of one or more of His Majesty's Justices of the Peace by you to be warned, and attending for that purpose, well and tmly to view, examine, enquire, and, on full consideration of aU circum- stances, justly determme the quantity, share aud proportion of the crop on the ground atthe time of the death of tne said A. B., and the name or names of the party or parties liable to such emblements, and truly to appraise and value the same according to the best of their judgments and consciences ; and having so done, you are to make due return thereof, openly and distinctly, under your hand and seal, and the hands and seals of such twelve freeholders as' aforesaid into our Supreme Court of Judicature on the, &Ci, wit- ness, &c.,25 G. 3, c. 1, Si 1. 14 days' notice The Provost-Marshal shall not execute the writ until after 14 days of execution notice, at least, of the execution, in writing, signed by him; and before lie enters upon the execution he shall cause the service to be proved by affida- vit, sworn before the Justice, which affidavit and original notice ne shall annex to his return, 35 Q, 8, e. I, s. S. EEEOE, WRITS OF. Upon the return tiled, the court may adjudge the paity suing out the writ the amount of the valuation and appraisement, to be paid within' Buch time aa the court directs, and may eulorcejudgmeut by writs of execution (abolished, 19 v., c. 10, s. 39,) and venditioni according to the usual course, from which no writ of error, appeal, &c., shall be allowed. ' The parties asainat whom the writ issues, or then- attornies, upon the return, and during the same Court, may appear and enter into security to deliver to the parties entitled to emblements within such time as the Court directs, at the usual barquadier or shipping place of the estate, produce in kind to the amount of the appraisement, in sufficient casks or usual packages, free from all deduc- tions, to be valued by 3 persons, one to be named by the Court, and the other two by the parties or their attornies. Where the lauds he in several parishes, distinct writs shall issue for each parish, aud be separately executed and returned. The Provost-Marshal may appoint a deputy, by warrant under his hand aud seal, to execute the same, to be annexed to the return. His fees shall be the same as for the returnof other inquests, 95 G. 3, c. 1, s. 3. No person shall enter on the lands of another for emblements, oi- have any ingress, egress or regress for the same, 25 G. 3, c.l, s. 4. Emblements shall be confined to the crop next succeeding the death of the person under whom they are claimed, if he die before the beginning of the crop, but if during the crop, then only to the crop taking off at the time of his death. When the tenant for life dies during the time of taking off the crop, the Jury shall take into their consideration the expense of putting in the plant canes to be cut the next year, and make a reasonable allowance to the person entitled to emblements, 25 6. 3, c. 1. s. 5. K the tenant for life is off the island at his death, or the person entitled to emblements is absent from this island, so that no wi'it is issued while the crop is on the ground, or during the time it is taking off, the person absent may issue such writ after the crop is taken off, and have the full benefit thereby, upon giving evidence to the Jury under the writ of the value of the crop taken off, 25 G. 3, c. 1, s. 6. The monies or goods returned upon writs on account of emblements, shall not be affected oy or made applicable to prior writs against the persons in remainder or reversion, 25 G. 3, c. 1, s 7. K any person summoned either as Magistrate or Juror, at least 14 days before that on which the writ is to be executed, neglects or refuses to attend, the Provost-Marshal or his Deputy shall, under the penalty of ijiO (£12 sterling), to be recovered as other penalties against the Provost-Marshal or his Deputy, return into Court the names and places of abode of suth de- faulters, with an affidavit Of the service, and the Court shall fine each de- faulter, and compel payment as is usually done respecting Jurors to attend the Supreme Court. [See Juries warned on writs, 43, G. 3, c. 28.1 And the Jurors shall be protected in their persons from all mesne and judicial pro- cess during their attendance, and in going to and returning from the place of execution, 25 G. 3, c. 1, s. 8. The Act 25 G., 3 c. 1, was not intended to confine the right to emble- ments to an executor or an administrator of a tenant for life, or to abridge or defeat the rights of any persons entitled to emblements in respect of any other estate according to the laws of England, but only to direct the man- ner in which emblements should be ascertained aud set out to the parties entitled thereto, 53 G. 3, c. 26, s. 1. The Eegulations in 25 G., 3, c. 1, s. 5-6., shall extend to the case of any persons entitled to emblements according to the laws of England, 53 G. 3, c. 26, s. 2. 171, Award of pay- ment and execu- tion Security for de- livery of produce Distinct writ for each parish Provost Mar- shal may act by deputy Fees No en try for em blements. toCrop applicable emblements. Allowance for plant cane When writ may issue after crop" taken off Levies not ap plicable to pri- ority penalties o u Magistrate or Ju rors neglecting to attend &c. To what cases 25 o. 3. c. 1 appli- cable 25 &. 3, c. 1, 8 5, 6 extended to ail cases of emble- ments Error, Writs of No execution shall be stayed upon writ of error or supersedeas for re- Security before versing any judgment in any action, or bill of debt upon single bond, or upon stay of execution any obligation for payment of money only, or upon any action for rent, or ^ personal ac- any contract or bond to tbe King, or in any action upon the case or promisee for payment of money, actions of trover, covenant, detinue and trespass, or in any action personal, sued in the Supreme or any Court of Assize, un- less the person m vphose name the writ of error is brought, or some per- son representing him in this island, other than the attorney-at-law, with 172 ESCHEATS, two sureties over and above the security given in the office of the Eegis- ter in Chancery, shall be bound to the party for whom judgment is given by recognizance, to be acknowledged in the same court or before the Cnief Jus- tice, or, in his absence, an Assistant Judge of the Supreme Court, in double the sum adjudged to be recovered in the indgment, to prosecute the writ of error with effect, and also to satisfy and pay, if the judgment be affiimed, the debts, damages and costs upon the former judgment, and all costs and damages to be awarded for the delaying of exeoation, or upon any discon- tinuance in default of the plaintiff, or non-pros or non-suit therein, 17 Gr. 3, c. 16, s. 1. In dower, paiti- Nor in writs of error upon any final judgment after verdict, or by de- tion or ejectment fault in any writ of dower or partition, or in any action of ejectione firmae, •«rithout similar additional security, conditioned that if the judgment is afflrm- ed in the writ of error, or the writ be discontinued in default of the plaintMf, or he be non-suit or non-pros, the pjaintiff shall pay such costs, damages and snms of money as shall be awarded, upon or after such judgment affiim- ed, discontinuance, non-suit or non-pros, 17 Gr. 3, c. 16, s. 2. Writs of enqui- The Court, whetein execution ought to be granted, shall issue a ^writ to "7 as to mesne, enquire, as well of the mesne profits as of the damages by any waste profits and waste committed after judgment in dower, partition, or in ejectione firmae, and upon the return, judgment sliall be given, and execution awarded for such Cases not within ™^™® profits and damages, and also for costs of suit. This act shall not ex- act, tend to any writ of error to be brought by an executor or administi'ator, nor to any action popular, or any other action upon any penal law or statute, nor to any indictment, presentment, inquisition, information or appeal, 17 6. 3, c. 16, s. 3. See Privy Council Note. Escheats. Thevalue olUxe ^"^ writs of Escheat, the Provost-Marshal shall be commanded to enquire real estate to be by a jury of 12 free and lawful men, upon their oaths (they then being on the enquired of premises), the true value of all the real estate which any person dying without heirs was, at the time of his death, seized of; and after office found Conditions up- and returned into the Supreme Court and judgment recorded, the Governor on which land to ™^y P^ss a grant of the escheated estate under the broad se.al, provided a be granted clause be inserted that the grant shall be void in case any right heir ap- pears and claims the same, and legally approves himself to be neir, -withm 3 years after the date of the patent, and that the value of the escheated estate, as it was appraised at, shall be secured to be paid into the Treasury after the expiration of 3 years from the date of the patent ; if no heir in the meantime obtain the same, by the person to whom the Governor grants it, Valuation to be and the treasurer or receiver shall pay the sum the escheated estate was paid out of trea- valued at, out of the Treasury, unto or for the use of such heir -who claims an^tto** '^™ *' '""' approves himself to be heir, before any other payment, (which proof of the heir's title shall be made by any public attestation or other- wise, as shall be believed to be evidence by the Judges and Jury) to be re- covered at any time without limitation, 33 C. 2, c. 22, s. 2. Patentee to be Where any true and valuable improvements are made on aecheated lauds paid for improve- ^7 the patentee during the 3 years, the heir, before entering, shall satisfy ments within 3 to him all such charge's as the Chancellor adjudges to be reasonably ex- years before the pended, with interest, 33 C. 2, c. 22 s. 4. Lands to be Every parcel of .land to be escheated after office found, shall be cried proclaimed for 3 out in the last proprietor's name 3 times every second Tuesday of tl^e Grand courts before of- Court during its sitting, for 3 Courts successively, before judgment pass for floe found the King, and no patent shall be granted otherwise, or, if so, it shall be void, 6 G. 2, c. 7, s. 5. Qualification of Upon Escheats for land, the jury shall consist of freeholders to the Jurors value of £10, (£6 sterling) per annum, at least, in the parish where the Valuations '^"'' *" ^® escheated is, \\'lio shall value on oath, according to the real value. One-third allow- ^t tbe time of valuation, one-third of which value shall be allowed the ed patentee grantee or patentee towards defraying the charges he shall be at in ob- tauiing the land, 6 G. 2, c. 7, s. 6. To (be tried in Escheats shall be tried in the Supreme Court only, 31 G. 2, c. 4, o. 13. the]supreme court EVIDENCE. 173 Persons who obtain Escheats shall, before they obtain a Patent, repair Bsoheat bonds to the Eeoeiver-General'B office, and enter into bond with 2 securities, pay- 'o be entered into aWe in 3 years to the Crown, for the sums due to H. M. for the Uiuds es- cheated, for which bond' the Receiver-General is to receive 10s. (6s. ster- ling,) and shall ohai'ge the persons eniering into such bonds, with the amount, in the public books of the revenue, 31 G. 2, c. 18, s. 1. And grant to the person a certificate to the Cleric of the Patents that he On Recei v e r- bas entered into bond with security, upon producing of AA'hich the Clerk of General's certifl. the Patents shall issue out the Patent, and no Patent bliall be granted other- <:*te patent to is- wise, or, if so, it shall be illegal and void, 31 G. 2, c. 18, b. 2. °"^' Penalty for omission to per-* form conditions of letters of pre- ference Bonds to be re- corded Persons who obtain Letters of Preference sliall, within 3 months after, proceed to perform the conditions, under penalty of £1000 (£600 sterling,) which the bolicitor of the Crown is directed to recover in an information or action for debt for the use of the Go vernmeut of this island, 50 G. 3, c. 24, s. 1. Escheat Bonds shall be recorded in the Secretary's Office, and the re- cord, or an attested copy, is declared evidence, 66 G. 3, c. 24, a. '2. No Letters of Preference shall iss^ue from the office of the Governor's Letters of pre- Secretary, until the application has been tiled 14 days, under penalty of £50 ference (£30 sterling), 3 G. 4, c. 13, s. 9. All revenue from Escheats shall be paid to the Eeceiver-General, and ■'l^^l"?^ '™'° form part of the fund appropriated by 17 V., c. 29, s. 3G. ^^^ *^^^^^; All Escheat monies heretofore collected and paid to the Governor, shall Fundj be collected by the Kegisi ir in Chancery, and paid to the Eeceiver-General for the use of the public, 10 V., c. 17, s. 2. Europeau Assurance Society. Their guarantee may be taken from persons now holding or to be ap- Their guarantee pointed to public offices or employments, instead of the security already may be taken as taken or required by the acta now or to be in force, 27 V., S. 1, c. 35. SSrl^'"''"'''^" Evidence. The records of Letters Patent, enrolled in the Secretary's Office, jiecord of pa- of deeds duly executed and proved, or acknowledged, and enrolled in the tents, deeds and said or any other office of record, and the records or enrolment of wills and copies any wills, duly executed and proved before the Governor by one or more of the subscribing witnesses, .Bnall be evidence of the persons titles to any lands or estates, real or personal claimed thereunder, and allowed in all courts of law or or equity, as if the originals were produced, proved and read in Court, 4 G. 2, c. 5, s. 2. The exemplifications of wills made in Great Britain or Ireland, or any E x e m p Mean other of H. M's. colonies or dominions, and sent over to this island (after . tions of wills probate, according to law in the several Dominions and Colonies) under the seal of the prerogative Court of Canterbury, or under the seal of the Arch- bishop or Lord Mayor of Dublin, or any Archbialiopg in their respective dio- ceses in England or Ireland, or the Mayor, Provosts or BailiiTs, of any other Corporation or body politic, or under the seal of any of the said Dominions or Colonies, and attervirards recorded in this island, shall be sufficient evidence, and read and allowed as such, of the title of the parties claimingany lands or estates under such wills so exemplified in all courts of law or equity, 4 G. 2, c. 5, s. 3. The probate of any will taken before any officer authorized to take j„ jjjg United probate of wills in any of the United States, and exemplified under the seal states of the State where probate has been taken, shall be as effectual as if pro- bate had been taken before the Ordinary of this island, 34 G. 3, c. 11, s. 2. The Eecord or office copy, authenticated by the Secretary or his deputy, Records &c. of of powers of attorney duly executed and recorded, shall be allowed and powers of attor- reaa in evidence in all courts, as if the originals themselves were actually ""^ proved, produced and read. Not to exclude the actual proof, production, and reading in evidence of original powers, 8 V., c. 42, s. 1. 174 EVIDENCE. • Certificate of On an indictment for any felony, not punishable with death, committed preribus oooTic- after a previous conviction for felony, it shall be sufficient to state that the see20 V c w's's o'*'^'''^^'' "^^ ^^ ^ certain time and place convicted of felony, without other- ' ' ' ■ wise describing the previous felony, and a ^certificate containing the sub- ■ stance and effect only, omitting the formal part of the indictment and con- viction for the previous felony, purporting to be sigred by the Clerli of the Crown or his deputy, shall, upon proof of the identity of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed the same, 9 G. 4, c. 19, 3. 7. Of sentences Jor In case of any prosecution for any escape, attempt to escape, breach of orders of trans- prison, or rescue, either against the convict or against any other person T^me^eeeWv' concerned therein, or aiding, abetting or assisting the same, a copy, properly 0. 19, B. 2, 8 attested, of the commitment, shall after proof that the person is the same that was committed, be sufficient evidence that he was so committed, 1 V., c. 28, s. 14. son ^ brea^' ^kc O"! ^^f indictment for being found at large, or for rescuing, attempt- See 20 V. c 19, s, h ing or assisting in rescuing any offender from custody, or conveying, or causing to be conveyed any disguised instrument for effecting escape, or arms to any such offender, the Clerli of the Com't or other officer having the custody of the records, where sentence or order of transportation or banishment has been passed, or the Governor's Secretary shall, at the request of any person on Her Majesty's behalf, give a certificate, signed by him, con- taining the effect and substance, only omitting the formal part of every in- dictment and conviction of the offender, and of the sentence or order for hie transportation or banishment, which certificate shall be sufficient evi- dence of the conviction and sentence or order, and be received in evidence, 1 v., c. 28, s. 17. _ eertificatea of A certificate containing the substance and effect only (omitting the for- Mais'fc?'DBriiOT ""''' part) of the indictment and trial for any felony or misdemeanor, pur- er Butomati^ porting to be signed by the Clerk of the Court, or other officer having the see 20 V, 0.19, s. 8 custody of the records of the Court where the indictment was tried, or by the deputy (for which certificate a fee of 6s 8d, and no more, shall be de- manded) shall, upon the trial of any indictment for perjury or subornation of perjury, be sufficient evidence of the trial. of such indictment for felony or misdemeanor, without proof of the signature or official character of the per- son appearing to have signed the same, 16 V., c. 15, s. 23. Endurance of Where any person has been convicted of felony, not punishable with punishment t o death, and has endured the punishment to which he was adjudged, the have the effect of punishment shall have the effects and consequences of a pardon as to the apardoD, except felony, but not so as to prevent or mitigate any punishment to which the of- ' fender might otlierwise be lawfully sentenced on any subsequent conviction for any other felony, 7 V., c. 5, s. 1. rra^ment°°res^ When any offender, convicted of any misdemeanor (except perjm'y or te^Sm of' com- subornation of perjury) has endured the punishment to which he was adjudg- petency in cases ed, he shall not be deemed by reason of such misdemeanor an incompetent of misdemeanor, -^vitness in any Court or proceeding, civil or criminal, 7 V., c. 5, s. 2. subcmatiou No person offered as a witness shall be excluded by reason of incapacity Witnesses not from crime or interest from giving evidence, either in person or by fleposi- gcapa c i t a t e d ^igj,^ according to the practice of the Court, on the trial of any issue joined, SSt'^'exoept 'Si °^ "f any matter or question, or on any enquiry in any snit, action or case 'of peijuiy proceedmg, civil or criminal in any Court, or before any Judge, Jury, or subornation Coroner, Slagistrate, Officer or person having by law or consent of parties authority to hear, receive and examine evidence, but every person so offered shall be admitted to give evidence, on oath, or solemn affirmation where receivable, notwithstanding he may have an interest in the matter in question, and notwithstanding he may have been previously convicted of any crime or Husband ''and offence (perjury and subornation of perjury excepted) ; but not to render wife, see 22 V., c. competent the husband or wife of any party, nor to repeal any provisions 16.8. 3, 4 in 3 v., c. 51 (Wills). In Courts of equity, any defendant may be examined Deteadants in ^^ ^ witness, on behalf of the plaintiff or of any co-defendant, saving just equity exceptions, and any interest he may have in the matters in question in the cause shall not be deemed a just exception to his testimony, but only as affectflig or tending to affect his credit as a witness, 7 V., o. 31, s. 1. Pending suits Act not to affect any suit, action or proceeding, alreadv brouifht or com- menced, 7 V,, c. 31, s. 2, EVIDENCE. IT'S On the trial of auy issue joined, or of any matter or question, or on qpy poxties to the euquu-y arising in any suit, action or other proceeding in any Court of record &o. Justice, or before ajiy peraon having by law or by consent of parties au- thority to hear, receive, and examine evidence, tne parties and tlie per- sons in whose behalf any such suit, &e., may be brought or defended, shall (except as after) be competent and compellable to give evidence, either viva voce, or by deposition, according to the practice of the Court, on behalf of any party to the suit, &c., 22 V., C. 16, s. 2. Not to render any person who in any criminal proceeding is charged with persons changed the commission of any indictable oft'ence, or any offence punishable on sum- witli criminal of- mary conviction, competent or compellable to give evidence for or against *S°^^'nSi^n — himself, or to render any person compellable to answer any question tend- Husbam and wife lug to criminate himself, or in any criminal proceeding to render any hus- band competent or compellable to give evidence for or against his wife, or any wife for or against her husband, 22 V., c. 16, e. 3. Nor shall apply to any action, suit or proceeding, in any Court of com- mon law for crimmal conversation, or any action for breach of promise of marriage, 22 V., c. 16, s. 4. Nor shaU repeal any provision in 3 V., u. 51, (Wills). 22 V., c. 16, o. 5. Wills The Judges may, vrithin 3 years, make, regulations, by general rules in Admission of term, or in vacation, touching the voluntary admission, upon application at documents in evi- a reasonable time before the trial, of one party to the oljier, of all written or "^o^ printed docnments or copies intended to be offered in evidence on the trial by the party requiring such- adjnission, and touching the .inspection before admission is made, and the costs to be incurred by the proof of such documents or copies on the trial, in case of the omitting to apply for such admission, or the not producing of such documents or copies tor the pur- pose of obtaining admission, or of the refusal tpmake such admission, which rules shallbe binding in all courts of common law, and of the like force as if enacted by the legislature, 8 V., c. 28, s. 9. Rules to be laid before the Legislature, 8 V., c. 28, s. 24. (See Court, To to (laid lie- Supreme). J°'° '•>« legiBla- When any action or other legal proceeding is pending, the Supreme "g!^^^^.^ „„„. Court, and each of the Judges, on appUcation by any htigant, may compel auction of ^ocu- the opposite party to allow him to inspect all documents in his custody, or ments for inspeo-< underliiB control, relating to such actions, &c., and, if necessary, to take exa- tion, ortotake co- mined copies, or to procure the same to be stamped, in all oases in which jPJ^^^ °' stamp previous to this act a discovery might have been obtamed by a bill or other proceeding in a court of equity, at the instance of the party applying, 20 V., When any certificate, official or public document, or document or pro- Documents ad- ceeding of any corporation or joint stock, or other company, or any certified ™^»We ^fhgrt copy of any document, bye-law, entry in any register or other book, or of P^Jy^ °'o°°*^g|, anv other proceeding, is receivable in evidence of any particular many character Court of Justice, or before any legal tribunal, or the Legislative Council or Houseof Assembly, or any committee of either, or in any judicial proceed- ing the same shall be admitted in evidence, provided they purport to be seaied or impressed with a stamp, or sealed and signed alone as required, or imnressedwUhastamp, and signed as du-ected by the respective acts, with- out anv proof of the seal or stamp, where a seal or stamp is necessary, or of the siaiiature, or of the official character of the pe*son appearmg to have eiened the same, and without any further proof thereof m every case in which the original record could have been received in evidence, 20 V., 19 s 2 All Courts, Judges, Jnstices,Ma8tersiu Chancery, TaxingandComputinp judicial notice Officers of Courts, Commissioners iudicially acting, and other Judicial offi- of signatures of cers sMl take judicial notice of thi signature of any of the eomty or com- J^f oJp--« mon law Judges of the superior Courts at Westminster, and of the Judges mingteror thisis- of the Supreme Court of Chancerv and Court of Ordinary, attached or ap- lancl pended to any decree, order, certificate or other judicial official document, 20 ■' "copils of private acts of Parliament if purporting to be printed by the prmted copies Qiieen'sprinter%ndof private acts of the Lems}ature,it purportinsto be print- 0^^^^ ed by the printer to the Legislature, and of the journals of either house ol the Ho^ge^ ^nd Boyal Leffislatnre, and of royal proclamations, purportmg to be printed by the piodamatioUB printers to the Crown or to the Legislature, shall be admitted as evidence, vrtthout any proof that they were so printed, 30 V,, c. 19, s. 4. Fioclamations, Proclamations, treaties aud other acta of ytiite of any foreign State, toeaUes, - acta of or of any British colony, judgments, decrees, orders, and other judicial pro- p roo™edjnS'"of ceeding, of any Court of Justice in any foreign State or British Colony, and {oreign states or affidavits, pleadings, svnd other legal documents filed or deposited in any British colonies such Court, may be proved in any Court of Justice, or before any person having, by lavp or oy consent of parties, authority to hear, receive, and examine evidence, either by examined copies or by copies authen- ticated as after mentioned, viz. : If the document be a proclamation, treaty, or other act of State, the authenticated copy must purport to be sealed with the seal of the foreign State or British Colony to which the original docu- ment belongs. If it be a judgment, &c , of any foreign or Colonial Court, or an affidavit, &o., filed or deposited in any such Court, the authenticated ' copy must purport to be sealed with the seal of the foreign or Colonial Com-t " to which the original document belongs, or in the event of the Court having no seal, to be signed by the Judge or one of the Judges of. the Court, who shall attach to his signature a statement in writing on the copy, that the Court whereof he is a Judge has no seal : but if any authenticated copies purport to be sealed or signed as before directed, they shall be admitted in evidence in every case in which the original could have been, without any proof of the seal or of the signature, or of the truth of the statement, attached thereto, or of the judicial character of the person appearing to have made such signature and statement, 20 V., c. 19, s. 5. Forgery &o. of Forging any document, or the seal, stamp or signature of any such docu- documents &c. ment, or tendering in evidence any such document, with a false or coun- terfeit seal, stamp or signature thereto, knowing the same to be false or counterfeit : felony, liable to imprisonment not exceeding 3 years, Documents may ^"'^ '^^^ ''''^^ year, with hard labour ; and whenever any such docn- be impomicled ment has been admitted in evidence, the Court or person who admitted' it may, at the request of any party against whom it is admitted, direct it to be impounded and kept in the custody of an officer or other per- . son for such period, and subject to such conditions as to the Court or person shall seem meet. Persons charged with committing any felony may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence may be laid and charged to have been committed in the county, district »r place in which he was apprehended or in custody, and every accessory before or after the fact may be dealt with, &c., in any county, &c., in which the principal offender may be tried, 20 V., c. 19, s. 6. British Eegiater Every register of a vessel, kept under any act relating to the Eegistiy of British vessels may be proved, either by production of the originsjl, or by an examined copy, or by a copy purporting to be certified under thenand of the person having the charge of the original, and who is required to fuinish such certified copy to any person applying at a reasonable time for the same, upon payment of Is. ; and every such register or copy, and certificate of re- gistry, purporting to be signed as required by law, shall be received in evi- dence as prima lacie proof of all the matters contained or recited in such register, when the register or such copy is produced, and of all the matters con- tained or recited in, or endorsed on such certificate of registry when the certificate is produced, 20 V., c. 19, s. 7, Certificates o f When in any proceeding whatever, it may be necessary to prove the trial conviction or ac- and conviction or acquittal of any person charged with any -indictable quittal offence, it shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy, but it shall be sufficient that it be certified or purport to be certified under the hand of the Clerk of the Court or other oflicer having the custody of the records of the Court, where such conviction or acquittal took place, or by his deputy, that the paper produced is a copy of the record of the indictment, tnal, conviction and judgment or acquittal, as the case may be, omitting the formal part3, 20 \., c. 19, s. 8. ~ . Whenever any boWc or other document is of such a public nature as to be tract^'o? books^or admissible in evidence on its mere production from the proper custody, and documents of a no statute exists which renders its contents jirovable by means of a copy, public nature any copy or extract shall be admissible in evidence, if it be proved to be an exarnined copy or extract, or it purport to be signed and curtiiied as a true copy or extract by the ofticer to wliose pustody the original is entrusted, and who is required to furnish such copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum, not exceed- ing 6d for every folio of 90 words, SO V., c. 19, s. 9. EXECUTIVE COMMITTEE, 177 If any officer authorized or required to furnisli any certified copies or raino Cortincnfo extracts, wilfully certify any document as being a true copy or extract, knowing it is not so, he shall be gTiilly of a misdemeanor, and be liable, on conviction, to imprisonment not exceeding 18 mouths, 20 V., c, 19, s, 10. ■Every Court, Judge, Justice, Officer, Commissioner, Arbitrator or other Comte aua pei- persou now or hereafter having, by law or by consent of pai'ties, authority ity'by"i'i™?'&o!'°to' to hear, receive and examine evidence, may administer an oath to all hear evidence, may such witnesses as are legally called before them, 20 V,, c. 19, s. 11. aaministoi- oath to "British Colony" shall apply to all possessions of the British Crown, interpietation wheresoever and whatsoever, other than Great Britain and Ireland, 20 v., 0. 19, 8. 12. Act not to affect any pending suit, 20 V., c. 19, s. 13. Pending suits Ezecntive Committee. The Governor may, under his sign manual, appoint, not exceeding 3 Appointment on members of the^House of Assembly and one member of the Legislative m»>ii'ier» Conncil, to be an Executive Committee, for his assistance in the general administration of the finances, and execution of the duties hereby directed, and may revoke any such appointment, and, subject to the restrictions in this act, malce other appointment. If any member forfeits, resigns or loses his seat in the Legislative Councilor Assembly, excepta«afterprovided. oracceptsany other office of emolument, his appointment shall ipso facto cease. During a dissolution of the House of Assembly, no member shall be disqualified by reason of his not being a member of Assembly, 17 V., c. 29, s. 15! When any member of Assembly is appointed a member of the Execn- Not (o vaoato tive Committee, his seat in the House shall not thereby become vacant, soat m a«« R«=eiverO«ne the like fees thereon us .ire ri-sei-ved to the Cie. k or the Peace on any other ^'^ writ under this Act, and the Pj-nvosc-iVIarRlial shall make retai-n to the next provo^t Marehm'a Circuit Court of evey v\-rit so issued, and the nianuei- of i!s execution, at returns to cir- th& like time, and sljali pay over to the Receiver General every sum of '-""court money received by him or his Deputy on any such writ, -vvithin tlie like period, and uuder the like penalty and be sniiject to the like examination as provided in respect to other writs ; and any writ, not executed shall be included in any new roll to be issued by the Judge of ilie Circuit C'ourt, and the duplicate; in all respects, in like manner', within the like time, and with the like liability to pay overall money receivedonaccnuntof such writs, as provided in respect to other non-executed writs ; and every writ issued by any Justice shall be in all respects subject to the provisions of this Act so far as applicable, 21 V., c. 23, s. 10. The Clerk of the Peace shall be entitled to a fee of -s. 6d. for each wiit F«es, Pcmaitie.— so issued, and 2b. fid. for each le^al sheet of 160 words wliich such rolls n-o^oi'MaJshS™' shall contain, including the returns thereto, and 2e. 6d. for every discliarjje of an V forfeited recognizance or fine, which he shall retahi out of any monies received by him ; and the Provost-Marshal or his Deputy shall be entitled to the usual fees and commissions on all writs issued under tbiii act. If the Provost-Marshal or his Deputy, or the Clerk of the Peace refuses or ne- glects to perform any duty, act or tiling imposed ou or required from -them by this Act, they shall forfeit £60, to be recovered in a Bummary inauner, by application to the Supreme Cum-t, with the cohIb of the application 21 v., c. 23, s. 11. Every penalty shall, when recovered, be paid over 1 1 the lie' eiver Ge- '^Jfj!^","'"" " ' neral to the use of the public, 21 V., c. 2 i, s. rJ. The Fmes and Eecognizances Kecovery Act, 18.37, 11 V., e.SS, b. 14. sitortntw 188 FINES, FOEFEITUKBS, &C. Stamp duties 4o. As to tlie duties of the officers of Circuit Courts and Magistrates with reference to tlie duties and penalties in respect of unstamped or ineuffieiently stamped instruments, and their returns along with those of fines, see Stamps, 28 V., o. 9, s. 45-48. Capi SCHEDULE TO 21 V., c. 23. Distiirgns and Victoria, by the grace of God, of the United Kingdom of Great Britain and ''"°'' ■' '■ ' Ireland, Queen, and of Jamaica, lady defender of the faith, &c. • To the Provost-jMarshal-General, greeting : You are hereby reriuired and commanded to levy the sum of pounds, upon the goods and chattels of , of the parish of , &c.,«nd have the money ready for pay- ment at the next Circuit Court, to be paid over in the manner di- rected by an Act, made and passed in the aist year of our reign, en- titled "An Act to facilitate the recovery of forfeited recognizances and pecuniary lines;" and if you cannot levy the said sum of pounds, by reason of there being no goods or chattels to be found belonging to the said , then that you take the body 'of the said , and lodge him in the gaol or prison of the said parish of , or the gaol and prison nearest thereto, there to await the decision of the Judge, at the Circuit Court for the parish, (or precinct) of , unless the said shall give suiflcient security for his appearance at such Court, and have you then and there this writ. Witness , Esquire, Judge of the Circuit Court for the parish (precinct) of at the day of in the year of our reign. [Seal.] Wheke the wkit is issued by ant Justice of the Peace. Witness , Esquire, Justice of the Peace in and for the parish (or precinct) of , at in the said parish (or precinct) this day of , in the year of our Lord, 185 [Seal.l Hotloe of recog- nizance, B, B. 5 Parish to wit. Take notice that you of are bound in the sum of pounds, and your sureties of, &c., in the sum of pounds each, to appear at the Circuit Court for the parish (or pieciuct) of to be holden at on the day of next, (or as the case may be in matters of summary jurisdiction) and unless you personal [y make your appearance accordingly, the re- C'lgnizance entered "into by yourself and suieties will be forth- with evied on you and them. Dated the day of 18 Signed by the Justice of the Peace. Mitigation or dlB- oharge from fine, C, slO To the Provost-Marshal General, and all whom it may concern :-^ Wiereas hath appeared before the-J«age of the Circuit Court for the parish (or precinct) of (as the case may be) held at , on the day of , and hath made it appear to the satisfaction of the said Judge that he should be relieved from the payment of the sum of pounds (or if the penalty is mitigated, state from what part thereof) : (here state the natui'e of the fine or forfeiture). Be it therefore re- membered that the said is by the said Court dis- charged from the said fine (or recognizance as the case may be ; or if mitigated, state from what part), and fi-om the writ issued thereon against him. Dated the day of By ordei' of the Court, Slgiiecl hy the Olefk of tiie Feaoe. PISHING AND FOWLING. 189 Fire When a fire breaks out at Port Royal or any other town, two or three of Puuing down the chief military or civil offlcers of the town or parish may give direc- J,°-' comprasltlSf tions for the pulling down or blowing up any houses by them adjudged meet to be pulled down, &c., for preventing the further spreading of the same, and if the pulling down, &c., any such house by any such direction shall be the occasion of stopping the fire, or it stops before it comes to the same, the owners shall receive satisfaction, and be paid by the rest of the inhabitants whose houses are not burnt, who are empowered to make rates seo 21 v c 44 » for the raising and levying such sums as shall be thought convenient by tlie is, xitio Fariahos Justices ana Yesti-ymen. If the house where the fire first begins aod breaks out is adjudged fit to be pulled down, the owner shall receive no satis- faction, 33 C. 2, c. 17, s. 2. Where parishes are provided with proper fire engines and the necessary Annual appoint implements, hose and sockets, the Justices in session shall meet yearly to JJ,™' °' irewar- eleot 7 inhabitants of the principal town as Firewardens, two at least to he i)™viaea wia en' Justices residing in the town, or within half a mile, and tlie other 5 to be emit fio householders residing in the town, who shall be denominated " The Fire- wardens for the current year," and shall take and subscribe the following oath, to be administered by a Justice. Where two Justices do not reside in or within half a mile of the town, the Justices may elect one Justice so situated, and in failure of one, then 7 householders, resident within the town . I, A, B., do swear that I will well, faithfully and impartially, and to Their oath the best and utmost of my power and ability, execute and discharge the office of Firewarden for the town of , in the parish of for the current year, as directed by an act of the Governor, Council and Assembly of Jamaica, entitled " An act for the better protection of public property and of the property of the inha- bitants of the towns in the several parishes of this island from acci- dents and dangers by flre." — So help me God., 24 V., c. 2, s. 1. Incaseany person refuses to take upon him the office, and shall not. Penalty for refu« wilhin len days after notice in wnting of his election given by ohe Clerk '"B "'"'''" """i of the Magistrates take and subscribe the oath, he shall forfeitnot exceeding iC5, nor less than £1, for tlie use of the poor, to be recovered before 2 Justi- ces, and in default of paymont such fine shall be enforced by levy on his Without excuse foods. Any reasonable excuse, on oath, shall be taken and accepted by the natice issuing the wai'iant, 24 V., c. 2, a. 2. The Justices in Special Session shall immediately after the election of Election of ot- Firewardens, proceed to the elcctiou'of officers from such elected Fireward- "' '"''" ens, and prepare rules aud regulations for the guidance of the Fire Com- pany, 21 V.,o. 2„a. 3. And in case of the death or removal of any Firewardens, shall elect others in their place, 21 V., c. 2, s. 4. . Vacancio. Parishes for which there are special enactments relating to the protec- Parishes having tion of property against fire; and the esiablishmeiitof Firewardens, s.iall be "i""^"'' enactment» exempt ftom the piovisions of this act, 21 V., c- 2, s. 5. Principal town shall mean towns and villages in which there shall be Principal town the Court-House or other building, the property of the public, 24 V., c. 2, s. 6. Any person who, by the negligent use or management of fire in any ^^f^^^^^ffSl place, endangers any buildings, lands, cnltivated plants, fences or other '""'"'Bo'nen property, or who uses or carries any lighted pipe, segar, firestick, torch or flambeau, whereby injury may of shall result to any buildings, &c., shall, on conviction before 2 Justices, forfeit and pay a fine not exceeding £10 and costs, or be committed to be imprisoned only, or imprisoned and kept to hard labor for not exceeding 90 days, 25 V., c. 30. Fishing' and Fowlingf. Any inhabitant of the City and Parish of Kingston or its vicinity, may VuMne in King- make use of nets or seines for catchmg fish in the harbour and its vicinity, "ton Harbour— Net« and the coasts adjacent, or in any of the rivers or streams of running water emptying themselves into the harbour of Kingston, or in any lagoons, or still waters that have communication therewith, having or containing meshes iu the bunt br centra ttf the dimentions of 3 quarters of ati inch from ktiod 190 PISHING AND FOWLING. to knot, provided the bunt or centre does not exceed the length of 16 fathoms, 44 G. 3, 0. 19, 8. 1. No person shall make use of any false bottom cod or pouch,- or put any seine or net (though of legal size), or mesh upon or behind the others, in order to catch the small fry or breed of fish, which would have passed through any single net of the meshes before described, or use any other illegal or unwarrantable practice to injure or destroy the small fry or breed of fish, 44 G. 3, c. 19, s. 2. FtmaitiDs Penalty, (besides forfeiting the net or seine, and which shall be destroyed by order of any convicting Magistrate.) not less than £5 (£3 sterling), and not exceeding £20 (£12 sterling), to be recovered before tfiree Magistrates, and enforced by warrant, to the use of the informer, 44 G. 3, c. 19, a. 3. Destruction b y jfo person shall, by himself oi servant, destroy anj fish in any harbour," poison or intoxica- j^^y^ creek or river, by any method of poisoninji; or intoxication, or make NaiB use of any seine, net or engine for catching fish in any harbour, bay, river, ssv" c'"" I"""'' creek or pond, with lees meshes than one and a quarter inches between Jinot Harbours' and knot* except cast-nets and shrimp-nets, which shrimp-nets shall not be above two and a half fathoms long, and no person shall join 2 or more shrimp- nets together for the purpose of fishing, or for catching fish or otherwise, 8 G. 4, c. 14, B. 1. Nor Turtle Eggs No person, by himself or servant, shall destroy any turtle eggs in any part of this island, or any island or key belonging to the same, 8G. 4, c. 14,s, 2. QuaUs, Bingtaiis Orkill any quails, ringtails orbaldpate pigeons in the months of March, or Baidpates April, May, ,Tune, July or, August, 8 G. 4, c. 14, s. 3. Offenders shall, on conviction before any Magistrate, forfeit not ex" ceeding £20 (£12 sterling), to be recovered by warrant, one half to the poor of the parish, and the other half to the informer, and in default of payment, the offender shall be imprisoned for not exceeding 20- days, by warrant, 1 G. 4, c. 15, s. 4. Wears or stops No person, by himself or agent, shall make any wears or stops over any , river or pond, unless the land on both sides belong to liini, or if he is owner of one side only, with the consent or agreement of the owner of the land on the other side. No person shall make any wear or stop within 100 yards on Near fordines any public fording, 6 V.. c. 39, s. 1. " ■ Penalties ^^V peison making stops and wears in rivers wherein they have no right of property, shall, im pnramary conviction, upon the complaint of the owner, or his agent or attorney, before 2 Justices, be liable to costs, and a penalty not exceeding £1, iinder pain of imprisonment with or without hard lal'our for not exceeding 10 days, unless sooner paid, 6 V., c. 39, s. 2. Using seines &o. If any person unlawfully and wilfully use any diedt'e, seine, net or upon the ground or other engine, or drag the same on the ground or se:'.- beach of any person "SshavSc'ifrSht having a" right of property therein, without the consent of the owner, the of property ; see ofTender, being convicted before 2 Justjocs, shall be deemed an offender Patents, 36 0. 8, c. a rainst the provisions of this act, and subject to a fine, not exceeding £1, '"■'•' 6V., 0,39,8. 4. Penalties All penalties shall be recovered before 2 Justices and enforced in de- fault of payment, by imprisonment, with or without hard labor, for not ex- ceeding 10 days, unless th6 penalties be sooner paid ; and shall be awarded one half to the informer, and one half to the Churchwardens for the use of the poor, 6 V., c. 39, s, 5. * This clause does not appear to affect 34 G. 3, c. 19. The 8 G. 4, c. 14 repeals 10 Ann, c. 16, and re-enacts (as does also 25 V., c. 5, s. 8) Its provisions respecting the size of the meshes, but the 44 G. 3, 0. 19 recites that it had been found from experience that nets for the taking cf fish, whilly made with meshes of the di- mensions directed by 10 Ann 16, are inadequate to the taking of divers kind of small bat full grown fish, with which the harbour of Kingston and its vicinity, and the coasts adjacent abound, and whereby the poorer classes of the inhabitants of Kingston and its vicinity are deprived of a cheap and wholesome article of ^uate- nance, and then proceeds to enact ut supra. FORGERY. 191 Parties feeling aggrieved by any conviction may appeal, 6 V., c. 39, e. 6. Appooi Any inliabitpnt ot the parish may be a witness under 6 V., c. 39, 7 V., c. ^ inijawtanis may Qo g 1 •' ^ *' ' ' ' bo witnesBea As also any inforaner ; but if he give testimony, he shall not be entitled auo linformo™, to any portion of the penalty, but the whole shbUl go to the treasurer for the but not ontitioa to use of the poor, 7 V., o. 23, a. 2. pS^aitHf oxamin" No proceeding under 6 V., c. 39, shall be quashed for want of form, 7 V., o.tter, knowing it to be forged, or of uttering or dispos- ing of any deed, &c., knowinicitto be forged, or of being acTe.sdry before or after the fact to any such offence, if a felony, or for aiding, .ilietting or counselling the commission of any such o'ience, if a nli^demea•ulr, no i cimou shall be deemed an incompetent Witupss in suppori, of the prosecution, by reason of any interest he has, or is supposed to have in respc-ct thereof, 4V., C.46, e,14. to be transmitted to the registrar Accessories Hard labor, so- litary coniine- mcnfc Description o f instrument i n indictment fcjupcrseding, 4 v., c 46. s. 13 Intent to de- fraud Interested wit- 194 FTS.EB SCHOOLS^ Custody, po Where the having any matter in the custody or poBSeesion of aiij,.per- seBsion, person eon is expressed to be au offence, if he liave any such matter in his per- sonal custody or possession, or Icnowin^ly and wilfully have any such mat- ter in any dwelling honse or other buildnig, lodging, apartment, field or other place open or enclosed, vrliether belonging to or occupied by himself or not, and whether it behadforhisown use, orforthe use or benefit of another, such person shall be deemed to have such matter in his custody or posses- sion ; and where the committing any offence with intent to defraud any per- son is made punishable by this Act, " person" shall include Her Majesty or any foreign Prince or State, or any body corporate, or any company or society of persons not incorporated, or any person oi" number of persons who may ue intended to be defrauded, whether residing or carrying on business in this island or elsewhere, in any place or country, whether under the dominion of Her Majesty or not, 4 V., c. 46, s, 15. iu- Any offence punishable under this Act, committed within the jurisdic- tion of the Admiralty, may be dealt witli, encinired of, tried and determined in tfie same manner as any offence committed without their jurisdiction, 4 v., c. 46, s. 16. Tlie rest of the section supersed." ed by 16 v„ o, 16, B. 8, sup. Admiralty risdiction Forts and Barracks transferred to Executive Committee. The Secretary -at-War was authorized to transfer, by way of gift to the Executive Committee for the ufe of the public of the island, the Forts, Barracks, Jlessuages, Lands and Hereditaments mentioned in the Schedule, and tlie Ordnance Guns, Gun-carriages, and materials for military defence belonging thereto, iJ5 V., c. 4. SCHEDULE. NAME. POST OR WOBK. Port Antonio Barracks and Fort George . . Port^Maria Fort Halda;ie Rio Bneno Fort Dundas Falmouth Barracks and Fort Balcarree Maroon Town. -.Barracks Montego-Bay Barracks and Fort Montego Lucea Barracks and Fort Charlotte ACRES. ROODS. PERCHES. 6 1 14 2 1 30 400 4 ^2 34 9 1 26 Free Schools Jamaica Free School. ti rax's tree '^''^ ^"™ °^ £11,200 currency, with some arrears of inlere'st, accepted scliool in full discharge of the donation and bequest under the will of Charles Drax, for a Free School or Hospital for the support, maintenance and education of 8 poor boys and 4 poor giils, was vested in certain persons, incorpo- rated as the Trustees of Drax's Free School, to be invested in the purchase of laud and securities for the establishment and support of a Free School for 8 poor boys and 4 poor girls, belonging to the inhabitants of St. Ann's, and if the funds would admit, a larger number iu proportion to the revenue, 43 G. 3, c. 32. Surrendered The Trustees of Drax's Free School having purchased Walton Pen in and transferred St. Ann's, with a mansion house and buildings, capable, with a small ad - to ditional expense, of receiving 60 Scholars, and having £6,500 in ready money belonging to the School, and being desirous to surreuder the pen and monies to be invested for the use of a general institution as a semi- nary for the liberal education of youth, the pen and all the real and per- sonal estates, monies and securities in their possession were transferi-ed for the establishment at Walton Pen of a free Grammar School, 48 G. 3, c. 25, s. 1. The Jamaica For the maintenance and education of poor Scholars, to be called "The Free School Jamaica Free School," and for the ordering, directing and conducting all Trustees matters relating thereto, the Governor, the President and Members of the fREE SCHOOLS. 195 Council, the Speaker and Members of tlie Assembly, the Chief-Justice aud Attorney-General, together with 12 persons named [Parochial Trustees, T W. 4, c. 30, s. 6.] were appointed Trustees and Governors for the di- rection and management, and incorporated as " The lYustees and Gover- Incorporated nora of the Jamaica Tree School^' 48 G. 3, c. 25, s. 2. In case of the death of the [Parochial] Trustees, or their successors, Vaoauoies, how or their absence from the island for 2 years or upwards, or resignation, or *" ^^ Sl'^^ up in case of the neglect or omission of any Governor and Trustee, not a mem- ber of the Council or Assembly, to attend any 4 consecutive quarterly meetings at the School House in the course of the year, unless prevented by sickness or other unavoidable cause, the Governor, Pi'esident of the Conncll, Speaker, Chief-Justice, [Bishop, 7 W, 4, c. 30, s. 6-?. or in his absence, Suffragan, 22 V., c. 23, s. 3, and Attorney-General, 7 W. 4, c. 30, s. B-7,] or any 3 of them, upon notice, in writing, under the hand of 2 Trustees, may appoint persons to ttU up vacancies, 48 G. 3, c. 25, s- 3, The Trustees incorporated by the name of " The Trustees and Gover- Incorporation nors of the Jamaica Free School," are empowered to receive donations. Powers of trus- devises and bequests, and to sell and demise lands, sue and be sued, aud to '*'^? t" '^''°', ^^^ have a Common Seal for conveying .or demising hereditaments, and doing ^^ emise an ei other matters relating to the Corporation. Any 7 Trustees may change same, 48 G. 3, c. 25, s. 4. The Trustees, or any 3 of th.em, may treat with the Trustees of, or other persons having charge over charitable donations for the foundation of transfer S other Free Schools, for a transfer of unapplied property, which such Trustees or donat.ions for persons, t)r a quorum, are autliorized to make, after 3 years have elapsed schools from the time fimited by the donor for carrying into effect the charitable uses for which such property was devised, given or bequeathed, and after the agreement for transfer has been laid before the Chief-Justice, Attorney- General and Speaker, and a certificate has been signed by them, or two of them, and recorded in the Secretary's Oiflce, that the views and intention of the original donor and founder have been defeated or become ineffectual, and it is ht to transfer the property in question to the Trustees of the Ja- maica Free School, -which certificate shall also state in whom the patronage or right to appoint Scholars in respect of the transfer ought to vest, in con- formity with the will or intention of the original founder, or agreeable to the laws ot this island, where such views'have become ineffectual, 48 G. 3, c. 25, s. 5. If the intentions are not carried out within 3 years after the time limited When transfer by the donors or devisors, and no treaty can be made and rendered effec- to be compulsory tual for the transfer, upon noiice, signed by tlie Speaker, Chief-Justice, and Attorney-General, or any two of them declaring their opinion that the assignment and transfer ought to be made, after G months, the donations and property shall be vested in the Trustees for the purposes of this Act, and they may enforce an account, and payment of the balance appearing due from the heirs, executors, &c., of tne donors or devisors, or the persons who have mtermeddled with, or received any monies on account of any such charities, 48 G. 3, c. 25, s. 6. All trust-funds of the School shall be invested in the Eeceiver General's investment of Office, and bear £8 per cent per annum interest, (48 G. 3, c. 5, s. 7,) and property in the be carried to a separate acconnt with the Trustees, 48 G. 3, c. 25, s. 8. K,e oe jrer-Gene- ^ 1 f. 1 m ^^ ^ ottice at 5 In consideration of the surrender from the Trustees of Drax's Free per cent School, the Justices and Vesti7 were empowered to nominate 10 Scholars, Donations imd to be maintained and educated at the School. Donors of real or personal o?°noSnatinn of property of the value of £3000 (£1800 sterling), or £300 (£180 sterling) scholars, and to per annum, shall become life Trustees, with the right of nominating three be trustees Scholars, and assigning the trust and right by deed or will for ever, and in that proportion, upwards or downwards, for every £1000 (£600 sterling), or £100 (£C0 sterling) per annum, and in respect of every sum of £1000 (£600) transfeiTed by any Trustee or Trustees under this Act, a right of nominating one Scholar, to be exercised by the persons certitied to be enti- tled to the enjoyment of the right by the ' Chief-Justice, Attorney- General, and Speaker, or any two of them, 48 G. 3, c. 25, s. !). The powers of the Governor of recommending, nominating, and ap- Scholars pointing Scholars extended to any class of free persons, 7 W. 4, c. 30, s. 8. The Trustees and Governors, or any 7, shall, once a year, during the . Annual meet- annual session of the Legislature, meet ni St. Jago de la Vega, to examine j^^n™ hpamsh 196 . FEEE SCHOOLS. the state of tlie Free School, and for fjiving orders and directions, and malting laws respecting its government, as to them or the major part seems meet, 48 G. 3, c. 25, s ll! Annual Ac- Before whom the accomits of the receipts and expenditure of the insfitn- counts - yon g,,jj,j ^g i^j(j ijy j,jg jjgj^j Master, 7 W. 4, c. 30, s. 5. Quarterly meet- Three or more Trustees and Governors shall form a Board of Visitors, to iiigx at School- meetat the School-House on 25th March, 21th June, i!5th September, and °"^^ 20th December in each year, or if either of those da.vs fall on a Sunday or EuQuirers and ™^ Good Friday, or lioliday, on the day following, and at every quai'terly powers meeting, examine and enquire into any neglects, miscarriages, irregulai'ities or misconduct, or mismanagement of the Head or Under-Jlaslcrs or scholaif. Report to gene- with ]>owei- to suspend them until the opinion of a general meeting can be ral meetings taken thoveon, and tliereux^on the Trustees shall inmiecliately summon by pubhc advertisement in the " Jamaica Gazette," a general meeting in Spanibh-Towii \vilhin 14 days, to lake into consideration the circumstances, and report fully thereon, and the decision of the general meeting ehall be - final ; the meeting to consist of, at least, 13, and 'to be advertized for tolies quoties, until a meeting takes place, 7 W. 4, c. 30, s. 1. Extraordinary Besides annual meetings, any three Governors and Trustees may call meiting extraordinary meetings, by 14 days' advertisement, and three or more shall form a Board of Visitors, with the powers given above to investigate the matter for which the meeting was com^ened, and, if occasion require, to proceed iin before, 7 "W. 4, c. 30, s. 2. Quarteily a c- The Chairman of the quarterly meetings shall draw on the Reeeiver- coun»s General for the amount of the accounts passed thereat, 7 W. 4, c. 30 s. 5. Bye-laws b y The Governors andTrnsteea may, at their annual meeting, .make- Ijye- annual meetmg j^^^^ ^^^^ ordinances for the better management of the School, and gov- ernment of the Head-Master, Under-Master and Scb.olars, 7 W. 4, c. 30, s. 4. By meeting at " Any 3 or more assembled at the Schooll-Ioui=e,may make additional bye- schooi-house laws, to be submitted to a general meeting in Spanish-Town, ccuvoned'as directed by 7 ^^^ 4, c. 30, and when approved of by them shall be binding, and may also amend, vary and alter bye-laws, to be submitted to and ap- proved of bya general meeting before being acted upon, 5 V. o. ^!5, s. 5, iMi^o? ^heS'™and The appointment and dismissal of Head- Jlasicr and Uader-Masters and, otiier masters, re- removal of Scholars shall be in the hands of tlie T-nstees, or the majority, at moral of scholars their anuual meeting in Spanish-Town, or general meetings to be summoned, 7 W.4, c. 30, s. 3. Head-mastei'i The Head-Master shall be a Clergyman, in Priest's orders, of the Church ciualifications ^f England, and a Bachelor of Arts of 3 years standing, of such degree in one of the Universities of Great Britain, 5 V.,c. 25, s. 1. rrivate pupils And may take private pupils, not exceeding 30, into the School, upon terms to be made by him with their parents or guardians, but no private pupil shall be received, unless the expenses are paid half-yearly, in advance, v., C.25, B. 4. A p p ointment If the Tj'ustees or llic major part refuse or omit to elect a Head or other of masters in Master within 21 davs after a vacancy, the Governor, President of the oaso trustees neg- eo„n(,iV Speakei', Chief-Justice and Attorney-General, or any 3 of them mav elect, 48 G. 3, c. 25, s. 15. ^ ^ All persons employed in the School as assistanteor servants shall be ex- empt from Militia duties, and all service on juries, not exceeding 5 in num- ber 48 G., 3, c. 25, s. 14. perpetualj an- A perpetvial annuitv of £996 secured to the Charitv, in lieu of invest- nuityof£998 ments of £12,451 ,■ 28 V. c. 23. Manchester District School. Trustees The Custos (or in his absence from the parish, the senior resident MasjiKtiate, 3.28) of Manchester, the Alembers, Hector and Churchwardens, tu^L'.iicr V, itii two Tax -payers, qualified as mentioned in s. C, and to be elect- ed aminall-.-, eras vacancies occur, for and from each of the (,3) districts created iiadcr 1 Y, c. 34, and 9 V, c. 44, constitated Trnsteesand Governors for the establi.shing, maintaining, management and superintendence of the Dis- trict 8ciK.oh.., 19 v., c. 39, a.'l. Annual election The election of Tax-payers as Trustees shall be made by the electors duly and qualiiioation reuislcred and mialified to vote for Members of Assembly, and the annual of district trus- elect iou take place at the time, and under the regulations for annua! elec- FREE SCHOOLS. 197 tious of Chnrchwavdens and Vesti-ymen, and no person shall be eligible as snch Tnistee, unless lie be asseseed'^for, and has actually paid direct taxes iu his own right not less than £3, be resident in the district for wbichheis nominated, and is not iu arrears for any taxes at the time of election, 19 V. c. 39, B. 6. ■ If any elected Trustee dies, leayes the island, or ceases to be domiciled Vacancies in the "District, or becomes insolvent, hTs office shall thereupon become va- cant, 19 v., c. 39, B. 7. And the Gustos shall summon the voters of the pavish to meet on a hxed Hqw to be fll- day, within ten days after the summons, at an lioiir and place within the leclup district for which the vacancy exists, to supply it, 19 V., c. o9, s. 8. But no proceedings of the Tjustees shall be vitiated or affected by the jfot to vitiate existence of any vacancy, 19 V., c, 39, s. 9. proceedings The Trustees and Governors incorporated as " The Trustees of the Dis- Incorporation trict Scliools of iMimcbester," with power to take lands on lease or purchase, chas^'^aiid" sell and to sell or exchange same, to have a t'oiiunon Seal, to be kfept by the lands Custos or senioi' resident Magistriite, and to make and alter bye-laws and or- Have a com- dinances for the regulation of the Corporation and persons in its employ, "'"?'^''' , andoftheadministrationof thetrusts,.19 V.,c. 39, s. 2. " .Make bye-laws The principiJ sum of £2744, with interest from 30th March, 1R.j5, at £8 Funds of schools per cent, per annum (being 25-8-M part of £9000), then standing at the £2744 in Receiver credit of the Trustees of the Tere Tree Schools in tlie Eeceiver-General's of- •^^'^'^ri^'s omce fice, the proportion allowed to iVlanchesler subject to a' reduction, to be as- certained as directed by s. 5, but not exceeding £80, was directed to be cre- dited to an account to be opened w ith the Trustees under this Act, Vi'ho sliould stand possessed of sncli ; incipal sum and interest for c;ii-ivirj^ out the Trusts, which sum of £-'. »-■ should continue to carry interest at £8 per Carrying inter- cent., (£219 10s 4d) per a>..; un, but not to authorize the Trustees to to'whifh toterest draw on the Receiver-General to pay any sums beyond the annual iu- and further terest, and all monies already or to be paid to the Ueceiver-Gcneral under 18 payments under v., 0. 54 (Vere District School) shall be placed to the credit of the same }' \- ",■ 5*; 'J;^ account, and follow and be subject to the Trusts of the £2744, 19 V. c. 39, s. 3. S'e'u^inted The Trustees of the Vere District School were further directed, within Application of 14 days after the receipt of any monies on account of rents, rent-charges, or further payments arrears issuing out of or chargeable on any real estate which belonged to the Trustees of the late Vere Free School, under penalty of £10 each for each default, to be recovered as after provided , (see s. 26) to pay to the Re- ceiver-General 2.5-82d part of every such sum, to be held to the credit of the account with the Trustees of this Act, 19 V.,c. 39, s. 5. And the Receiver-General is directed to pay to the order of the Trustees onarbitratton^r all such monies, not being monies received on Ihe arbitration or comproniise compromise o f of claims under 18 v., c. 54, to be by them applied in the same way, and claims subject to the directions in 19 V., c. 39, concerning the interest of £2744 and other annual funds, 24 V., c. 9, Immediately after the annual election of tlie Trustees, the Custos shall Annual meeting call a meeting, giving notice in two consecutive numbers of che Gazette, or, Notice if none, in any newspaper, and repeat his calls by other notices until a - meeting is held, 19 V., c. 39, s. 10. All meetings shall take place at the Court-House at Mandeville, 19 V., Meetings at c. 39, s. 11. Court House At the first annual meeting, the Trustees shall elect a Chair-man, then Chairman resident in the parish, 19 V., c, 39, s. 12. In case of his absence, the Board may elect a Chairman pro tempore, t.SJ'*'™'™' P™ and proceed with business. No less than 5, inclusive of tlie Chairman, 6 a quorum shall constitute a Board, 19 V., c. 39, s. 13. The Trustees shall meet once a quarter, on 2Sth iMarch, June, Septem- Quarterly_ and ber and December, or within 28 days, and may have special meetings, no- ^'NoUoe' "^^ tice in writing of each special meeting being given by the Clerk of the Boards, affixing ^a me to the outside of the door of the Parish Church 8 days before that appointed, and the Chairman shall direct the Clerk to summon such special meeting on the requirement of 3 Trustees, or without a requi- sition, if he deems proper. The Board may adjourn, 19 V., c. 39, s. 14. Adjournment The Trustees shall keep a Book containing a statement of all the real Books of pro- and personal property of the Trust, and separate books of accounts, and of S'^nrootedto?? their proceedings, 19 V., c. 39, s. 15. ^98 F«EB SCHOOLS, Drafts on Ke- The Eeceiver-General shall keep a separate account of the monies be- ceiver-General longing to them, and pay the interest and dividends to their orders, drawn and signed at the meetings, in the presence of the Board, by the Chaiiman, and countersigned by the Clerk, 19 V., c. 39, s. 16. Annual account An annual account shall be stated to y8th September by the Clerk, and laid before the next meeting, of the receipts and disbursements for the pre- To be examined ceding year, at full length, which, after being examined by that or any sub- Signed sequent meeting, shall, when found correct, be signed by the Chairman, and countersigned by the Clerk, and forthwith forwarded to the Governor to be And forwarded audited by a Public Board of Audit, or Auditor of Public Accounts, 19 V., c. to the Governor on it to be audited. Ja, s. i/. Enforcing pay- If on application of the Trustees, in pursuance of a resolution of a Spe- ment of rents, uial Meeting, the Trustees of the Vere District Schools decline to exercise rent charges, and the powers vested in them (by 18 V,, c. 54), they may, with the consent of fu8la'^'of"^v'e r^e *''® Governor, institute proceedmgs at law or in equity, in the name of the trustees Vere Trustees, for the reooveij of any rents, rent-chai'ges or arrears, form- erly payable to the Trustees of the Free Schools of Vere, or to the Justices and Vestry or Churchwardens of that Parish for the use of the poor, to Appropriation -^vhich the Trustees of the Manchester District Schcols are equitably entitled, ' which, when recovered, shall be appropriated in like manner as if pro'ceed- Indemnity ™g8 ^^ been taken by the Vere Trustees, first tendering- to the latter au indemnity against costs, to be approved of by the Governor, 19 V., c. 39, s. 18. School houses The Trustees may purchase, or take on lease such sites, and build, keep in repair and furnish School-Houses thereon in the parish as they For persons re- thinli necessary, and the funds will admit, to be free to all persons residing mdent in the pa- j^^ q^^ parish, over 5 and under 15, whom the Trustees select to be instructed in the lower branches of education, such as reading English, and so much of writing and arithmetic as to enable them to perform accurately and with despatch the duties of an ordinary business life, and to receive religious instruction, according to the principles of the United Church ; and they may Course of in- cause to be imparted to the Children practical instruction in agricultural, me- struction chanical and other industrial occupations. Children of parents of other deno- t h""'ETMi°h'd "in^-'ions than the United Church may be admitted, and shall not be obliged -Church^ * ° ^ to conform to, or be taught the tenets of the Established Church, 19 V., c. 39, s. 19. Teachers The Trustees shall appoint Teachers, and fix their salaries, who shall be members of the Established Church, and shall not receive any other Removal fee or reward without the leave of the Trustees according to their regula- tions, and may remove them at pleasure, but upon manifest neglect of duty, or for grossly immoral conduct, tiiey are required forthwith to dismiss any Teacher, 19 V., c. 39, s. 20. School books The Trustees shall select, and introduce, and supply the Scholars with and other articles uniform class-books, and also furnish the Schools witli other proper articles and apparatus, 19 V., c. 39, s. 21. Bye-laws And make rules and^ by-laws for their conduct and proceedings, also for the prosperity, order and discipline of the Schools and Teachers, and the Alterations and security and preservation of the School -Houses and other trust property , amendments which may be revised, altered or amended at a special meeting, due notice of the intended alteration, and of the substance thereof, being given in the summons, 19 V., c. 39, s. 22. What teachers Every Teacher shall be deemed qualified who holds a certificate under qualified the hands of the Bishop, or of two beneficed Clergymen, or of any Nor- mal School to be established, stating their belief that the person is well qua- lified in respect to moral character, learning and ability, to teach in any Dis- trict School ill the parish of Manchester, 19 V., c. 39, e. 23. Trustees' o u s- The Trustees shall be charged with the custody and safe keeping of the body.&c. of school district School-Houses, as also of all account books, papers, vouchers and and^do'cuments' documents, and may each, at all reasonable times, visit and examine the School-Houses, and inspect and take copies or extracts of accounts, &.C., at the place where they direct them to be kept, 19 V., c. 30, s. 24. Annual report They shall make a report up to 28tli September in each year, and trans- to the Governor mit same to the Govei'nor within 20 days after, signed and certified by the majority of the Trustees making it, specifying the number of Schools esta- blished, the daily average of Children taught in each during the preceding year, the names and salaries of the Teachers, the conditions of the School- Inspectiou No teacher to be a trustee, ves-* tryman or church- warden perpetual an- nuity of £219 10s M FREE SCHOOLS. 199 Houses, the state of tbe funds, and any other neoessaiy information, 19 V., c. 30, s. 25. , " Tlie Governor may antliorize any public Inspector of Schools, or in his absence, any other person, to visit the Schools and report thereon, -who shall have free access and egress, and may at all reasonable times inspect and take copies or extracts from all acconnts, &c., at the jjlace -where they are kept. Penalty for 'wilfully preventing or obstructing such inspection, or mailing of extracts, or ■wilfully neglecting the duty of giving the Inspector access to any documents, not more tlian £5, to be recovered before two Jus- tices of Manchester, and the whole to be paid to the Trustees in furtherance of their Trust, 19 V., c. 39, s. 2li. No Teacher shall be eligible to sit in Vestry, oi' act us a Trustee, and his election as Vestryman, Churchwarden or Trustee shall be void, 19 V., c. 39, s. 27. A perpetual annuity of £219 lOs. 5d. secured to tlie Schools in discharge of the investment of £2744, 28 V., c. 23. Manchesteu Fuee School. The inhabitants of Manchester were empowered to establish a Public Establishment Free School or Schools in Manchester for the education of free children of either or botli sexes, inhabitants of Manchester, to be called " The Man- pa-j-ii ijn,! g,;. Chester Free School," and the Justices and Vestry were required to set xotted therefor apart a portion of the parish lands, a diagram whereof to be recorded in the Secretary's Office, and thereupon the land shall be vested in tlie Trustees, And vested in 5 G. 4, c." 20, s. 1. trustees For ordering and conducting matters relating to the School, the Gustos, Trustees the resident Members of the parish, the Rector and Chm'chwardeus, the 4 senior Magistrates actually residing, certain persons by name [all dead] , and 6 other Fi-eeholders and inhabitants of the parish to be annually elected by the Freeholders on the same day and time, and in manner, and subject to the like (jnalifications as Vestrymen, were apoointed Trustees and Governors for erecting the School and for its direction and manag^ement, also of the funds subscriptions and bequests already and to be given, and hicorporated as incorporation the Trustees and Governors of the Jfaiichester Free School, with pow- ers to hold, sefl, demise and lease land, and have a Common Seal, 5G.,4,c. 20, s. 2. The Governor, President of the Council, Speaker, Chief-Justice, At- Visitors torney-General and Bishop of Jamaica [in whose absence, tlie Suffragan, 22 v., c. 23, s. 3 Clei'gy] are appointed Visitors, to enquire and examine into the management and conduct of the Schools, and the funds and their application, and to do all acts appertaining to the oflice of Visitors, 5 G.,4,c. 20, s. 3-4. Five or more Trustees shall form a General Court, the major part of Quorum of trus- whom are invested with the full power of thecorpoiation, provided the Cus- tees tos or a member for the parish, or one of the 4 senior Magistrates, or one of the Churchwardens be one of the number forming the General Court, 5 G., 4, c. 20, s. 5. The Trustees may purchase or acquire lands in Manchester, and build thereon houses and other buildings for the School, and for the dwelling, use and reception of the Masters Mistresses, Ushers, Assistants, servants, and children of the School, and endow the same in proportion to their revenues, and may appoint Masters, Mistresses or Ushers of the tenets of the Church of England, and other assistants, servanta and persons, and appoint their salaries, stipends, perquisites, or other remunerations, 5 G. 4, c. 20, s. 6. They shall elect and receive into the School as many poor Children (in- habitants, or whose pa!entsor reputed parent^ were inhabitants of Man- chester) as may be thoughtproper in proportion to the revenue, under the regulations of the General Court, and upon any misdeiiieauor, inability or other sufficient cause, or on their attaiuing 14, may remove them and elect others ; repair uphold and enlarge the bnildinijs in proportion to tbe reve- nue ; and they, or a Committee appointed at a General Court, may visit the Free School, and reform and redress disorders and abuses, 5 G. 4, c. 20, s. 7. They may also make, revoke and amend bye-laws and ordinances for the government of the Corporation, Masters, &o. servants' and children, for Trustees may purchase or ac- quire land Appom' ters, &c. m a s- Salaries, &c. Scholars Removal, 14 Uphold build- ings Reform abuses Kye-lawB 200 FREE SCHOOLS. auditing the accounts, settling and arranijing the stipend, salaries, remiine- Tobe approved rations, allowances and maintenance, but which shall not be in force until of by the ™itors approved of by the Visitors, or any three of them, ox whom the Governor shall be one, and Iher approval notified to the Gustos by the Governor's Secretary, 5 G.4, c. 20, s. 8. Censure remo- The Trustees may, upon complaint of misbeliaviour and neglect, or val&c. of masters other reasonable and sufficient cause, censuic, suspend, deprive or remove **• the Masters, Mistresses, Ushers, servants or others at a General Court, by writing, under their seal, and may also by writing, under their seal, elect persons properly qualified to fill vacant places, 5 G. 4, c. 20, s. 9. Treasurer, his They may also, if deemed necessary, appoint a respectabje inhabitant duties and power to be Treasurer, at a salary, to keep the books of account, and produce them at every meeting, if demanded by any member pVesent, receive and collect the income and funds, as also all sums due or left or given, and to gi-ant re- leases and discharges in the name of the Corporation , and to have the cus. To have custody *'^*^y *^^ *^® ^®^1) ^^*^ ^^'^^'^i' same to the succeeding Treasurer^ to be ac- ' of the seal countable to the Corporation for his receipts, payments and disbursements, Kemoval and to be removeable at any time, by order made at any meeting or General Court, and the General Court may afterwards choose another,, 5 6. 4, c. 20, s. 10. Accounts to be an- The accounts of debiture and expenditure shall be made up and ba- nuaJly balanced lanced every year to the end of the preceeding year, and the Trustees shall Annual and call and bold, once at least a-year in the early part, and othei vi'ise as occa- pmTOses"E;re- ^'°" requires, p. General Court, to audit and settle all accounts, and examine of into any neglects or irreguhirities, and perform any dulies or business.^ The Court shall be holden at the School-House, between sunrise and sunset,' and the Ti-usleespreseutshall audit the accoi-Uils, make all proper examinations and enquiries, and perform all duties and business, and may adjourn.' Public ^ Notice of meet- iiotice of ihe time and place, signed by 3Tinstees, to* be atiixed on ilie door ^°®^ of the Court-Houee for 7 davs innucdiately previous to tbut ol meetiug 5 G. 4, c. 20, s. 11.. Investment of The Trustees shall invest all moi'.ios to c.ime to tl-.i'ir hands by public or funds private donations, gi'ants, bequests, devises, i)enelaction8 and subscription, and all monies and rent for \^hich (hey nuiy not ba-s'e any immediate use, for the pui-poses of the School, in tlie island fands, at JjC) per cent, per an- num, the interest (and abo the principal wl.en wanted for '.he School) to be paid by the Keceivei'-Geneial to the order ol' the Trustees, or any.') of them, out of any unappropriated monies, 5 G., 4, c. 20, s. 12. Jot to keep in They shall not keep in tiieir hands ab^ve 30 days, nor use or borrow their hands, &c., any of tlie monies, or buv, sell, rent or Ic-aae to one another any of the thf corporatMn '■^'"'^ settled, piu'chased" or given to the ii;,e of the Co;poiaiio]i, .'i (t. i, c. -0, s. 13. penalties Persons offending, or aclliig contrary to tlie -iCl , shall forfeit £.')0 (,>.';iO sterling), one-third to the ('rov,'n, one-ll'iiid tothe Free School, i'ud one- third totlie informer, to be recovered by a'liiiii of debt, ktc., 5 G.4, c.20,s. It. PiUiuff uii va- In Ciise of a vacancy in the olficeof Masli. r, iHi^lress, Usher or .^oivant, cant offices on 3>"5 ''■'' Trustees for six weekK omit or ne .Kcl, or lulnse to elccr, liie Vi^i- neglect tors, or any 3 (of whom tlie Governor si. all be one), may elect pioperiind- qualified pors(ms, 5 G. 4, c. ■'"(), s. l^-t. Election of trus- If any Trusleea die, or icrti;;n or denart from the inland, and the Free- tees on neglect bold.ns of ilaiul, ester for I'i calendai' months omit or, ueji'lect or refuse, llie Cm ei nor may, under Ids hand and ?r;il. :Mi|i>init Trnsttfci in tiio place of tliofC so deceased', re^i,nned or departed iIiIh ir-lavju, 5 G., f, c. 2t>, s. li». Justices -and '^'^'^ Jn^liccRand Veslry may apply not exceeding £.'300 (£300 sterling) Vestry may con- per annum out of the Parish Tax. in aid of the funds, to !c paid '.o the tribute annually Trustees or their Trensnrer, or person appointed by them to icce've the out of taxes same, 5 fi. 4, c. '20, s 17. A al e f e The Vl.-UorR and Truslees, or .'niv 7, niav once a year ilnrlng t'!:e Ses- of v?sitOTs°and sion of (he Le,^^^la! are, meet in St. ,!:i;.;o de hi Veua, 'to exainhi'i inlo the trustees in St. Jar state of the School, and for givi g orjei-s and dlrecknis, and making laws godelaVega! respecting its government, 5 G. 1, c. 2), u. 1^. Incidetital ex- The Trustees may, out of J.e funis, pay all incidental charires and ex- tieuiea penaes, 5G, 4,c,«0, 9, 19. - * TREE SCHOOIS. Manning's Frei Schoo»l. The Gustos of Westmorelaud, the membera of Assembly for the Parish, (three of the Senior Magistrates present at any Meeting, the Rector and any -5 Freeliolders, elected on. the let Monday in August in each year, appointed 'Trustees forthe direction and management of the Free School, and of the de- "vise and bequest made by Thomas Manning, and of all subscriptions, devises ;and bequests to be given for the use of the Free School (5 a quorum) ; the "Custos, or one o' the Members, or one of the 3 Senior Magisti'ates actually ^xesiding therein being of the nuniber, 9 G. 3, c. 4, s. 2. At any future election of any Freeholder, the Trustees shall be elected by -ench persona as appeal' by the Electoral List of the Parish for the current year, qualified to vote for Members of Assembly, '28 V., c. 6, s. 1. Any Freeholder whose title has beenrecordedpriorto this Act, shall be competent to vote at any such election, upon the production to the Return- ing Officer ofsuch recorded deed, or.a copy certified by the Island Secretai'y, 28 v., c. 6, B. 2. The Trustees shall be Trustees of the Free School, and of all messuages :and hereditaments which are or shall be given by any person, or purchased oy the Trustees fer the use of :the Free School, and be incorporated as " The Trustees of Manning's Free School," 11 G-. 2,.c 9, s. 2. With jibwer for them, or the major part of them, to, place ont at interest •donations, to.iease, parchaee,sae and be sued, and have a Common Seal, en- graven " Charity," with a sucking child at her breast, and another in her arms, which shall be kept by the Gustos, 11 G. 2, c. 9, s. 3. Also to build a proper house and out-offices, and endow the same in pro- portion to. their revenues, and in the meantime hire one for the dwelling and ■use of one or more Masters and Ushera for instructing youth wfithout charge, in reading, writing, arithmetic, Latin, Greek, mathematics, and any other jparts of learning the Ti'ustees think proper, and for the abiding, dwelling and •use of poor children of Westmorelaud, and maintaining and providing them with necessaries. The Masters and Ushers shall be appointed by them, pro- wided they are of the religion of the Church of England, aud removable tupon misbehaviour or disability. And, within 30 days after any vacancy, tthey shall appoint by writing, under their Common Seal, 11 G. 2, c. 9, s. o. Also to receive into the Free School as many children of the parish as itheiy think proper, in proportion to the revenues, aud ufjon misbehaviour or anability, or upon attaining 14, to remove them and receive others, aud ex- pend such sums in proportion to the revenues, in repairing, nj)holding or en- ifarging the School and buildings as they think necessary, ll G. 2, c. 9, s. 6. Also, under their Common Seal, to make ordinances for the government •of the Shoolmasters, Ushers and Scholars, and for settling their stipends iund allowances, net pepugnant to the prerogative or laws ; also to visit the School, and reform disorders and abuses, 11 G. 2, c. 9, s. 7. Not to keep in their hands, ilbove 30 days, or apply to their own benefit, tor borrow, onmterest, any monies of the Free School, nortobuy, s,el! -or 'lease to one another anyrof the lands, 11 G. 2. c. 9, s. 8. Offenders in anything shall forfeit £50 (£30 sterling), one-third to the sCrown, for the support of the Government of the island, one-third, for ti;e -use of the Free School, and the other third to the informer, to be recoveied *y action of debt, &c., 11 G. 2,.o. 9, s. 9. A perpetual annuity of £471 3s. 33. secured to the School iiLliea of an iinvestment of £7862 14s. 8d., 28 V.,.o. 23. MuNRO-AND Dickenson's Free School and Charity. The Costodes and Rectors of St. Elizabeth and Manchester, the Members of Assembly for St. Elizabeth, the Honorable John Joseph Arthur Shakspeare, feaines Waite Smith, Peter McLaren, Tnomas Haffijnden, aud Isaac Isaacs, were appointed " The Governors and 'Trustees of Miinro and Dickenson's Free School and Charity, and in- .tforporated by that name, (three to be a quorum .for the transac- stion of business) and to exercise the powers and autbontieg, so tar .as not repealed by this Act, giveu under [the private and unpnuted Act, 6 'G 4] for the sale ot the real estate and slaves of Robert Hugh Munro and sCakb Dickenson, respectivelj, and investing the same in the funds, and B B 201 Freeholders wlmi* deeds aro already recordeii IcoorporatloA Powera To be kept b^ th* oustos Scbool houM Masteca Appointment and removal Qf master. Of scholnri 'Bepair £c. £ of buildings Beformation of abusea Not to derive any beiioflt from Iho trust Peimltiea and KCCOYHty Perpetual aannL- ty ofde471 3a 3d TriiBtoaji Incorporatioa Quorum Powara 202 *'REE SCHOOLS. applying the same to the charitable puiposeB of their wins, and for other purposes, 18 V. e. 53^ b. 1-2. Governor to fill In case of the death, I'esigtKstion, refusal to act, absence from- (h* upvaoanoiesofnon- island, removal out of the limits of St. Elizabeth, at the datfe of the will of offloiai trustee. Robert Hugh Munro [i. e., before the establishment of the parish of Man- chester, SsG. 3, c. 23] or other vacancy in the oifice of the non-official' Trustees, or in case any sneh Trustee becomes an official Trastee, the Go- vernor, by any writing nnder his hand, to be entered on the minnteSf may appoint any person resident within the limits, to succeed to and euppry the- vacancy, and who shall thereupon be a Trustee, 18 V., o. 53, s. 25» To be reported to The Chairman shall report to the Governor every sueh vacancy withrB JJra ^y «» "i»'i- 30 days after, 18 V., o. 53, s. 26., NBgioot to attent If any non-official' Trastee for the space of one year refuses or neslecta- meetingB of trustee!, to attend the legal meeting of the Trustees, sHeh non-attendance shall be a. resignation, 18 v., c, 53, s. 27. FuniiBtrMisftirreii The- principal' aum of £23;337 4s. 3d'., the sum of £2804 15s;, balance- to trustees of interest to the- credit of the Trustees of the Charity in the books of the- Eeceiver-General, as (rf 10th October, 1854, and all further interest were transferred to and vested, in. the Trnstees of this Act ; and the Trustees for sale under the recited Act (6 G. 4,) were reqiiired from time to time to ac- count for and pay over tothem for the purposes of this Act, all monies to arise from the sale, or rents and profits of the- real estate of the testators, 18i v., C.53, s. 3. Previous trusts AU previous trusts, and the recited Act, or so mncli as relates to the- at variance with monies to be derived from the sale and rents and profits of the real estate, "■" *" and to the above principal sum and interest, as well accrued as accruing, in. so far as snch trusts or Act interfere with the object and purposes of this* Act, shaB cease, 18 'V., e. 53, s. 4. Trustees not to The Trustees shalSnot withdraw from the Public Treasury . or nse or withdraw th« prin apply any portion of the principal sum of j^3,337 4s. 3d., and the interest i>''-M fnierasT'o" of the monics Only may be drawn by them, and used fo» the purposes of ly to ho drawn this Act, 18 "V., C. 53, s. 5. To Invest pro They shall iuvest, at interest, in the pnblic funds of this Island, Or of the- eeeds of sale and -(Jnited Kingdom, as to them appears expedient, all monies coming to, or tadsaiiidona'tioiia *" be received by or paid to them from the sale or the rents and profits of the remaining real estate of the Testators, or from public or private dona- Varvsocuritira tions, grants or subscriptions, with power to vary the securities, and the in- nitorest only to toi'est Only o£ the investments shall be drawn or dealt with by them for the. De dealt with purposes of this Act, 18 v., e. 53, s. 6. sites for schools The Trustees Were rec^iiired to determine upon and' select a convenient' and alms housos and healthy site or sites Within the former limits of St. Elizabeth, for the ereotionofa School or several Schoolsforpoor boys, and a School or seve- ral Schools for poor girls [and for an Aims-House, or Aims-Houses ;' see.- 25 v., e. 22] ,,and, for that purpose, to select any parts of the unsold lands of the testators, and to erect and build- thereon, or to repair, enlarge and im- prove buildings already thereon, or to contract for (die purchase, exchanger- lease or rent of lands required, and for erecting, repairing", enlarging and- improving buildings thereon, and to keep in repair and furnish such build- ings for the Schools and Alms-Houses, 18 ^V., c. 53, s. 7. To enable them to. do so, the balance of interest on 10th March, 1855, subject to the drafts of previous Trustees, was placed at their disposal, 18 y., c. 53, s. 8. Instead- of alma- The Tiaistees were'empowered to appropriate the funds made applica- hou-.!"!, money may ble fov the establishment and' maintenance of Alms' Houses towards the boo:hBrwUeapiJi-o- support Otherwise of poor persona, who would be qualified for admission' prii.u, or lepooi .^^^^ ^^ Aliiis-HoHse. (i. e., the poor and necessitous, resident within tha- ancient limits of St. Elizabeth,) 25 'V.', e. 22, s. 1. invostmenit for Also to invest, at interest,, in Island oir British Public Securities building hind ao £646 17s. 5d., Or Other balance in the Eeceiver-Genoral's books to the credit =»»»' . of the Building Fund Account, and employ the interest to accrue towards- icra's't te'repah-'of the repairs of tiie School-Houses and buildings, orro-inveat and accumulate/ 'jnjidines eame, but not to use for repairs any part of the capital, 25 'V., c 22, s. 2. Balance of je2S0,415 FREE SCHOOLS. 20S Sucli monieB to be applied, as well for relief of poor persons as for re- And roiisf of the paire of -School-buildiuKS, subject to the bye-laws afready or to be made in ^'g'^, or about Ihe affiurs of the Schools, and for appointing the poor and neces- uw" ° ^° sitous persons to be admitted for relief, and for ordering the means and system of admiuisteriug snoh relief, and otherwise for the management of the Charity ; accounts of which monies, and their appropriation, shall be po'^°»°°"°" ""* " kept, stated and audited, and reports made of the poor, and of their relief, »ud of the Sebool-Houses, as prescribed by 18 V., c. 53, so far as applicable, which Act, exeept as altered or amended, is to be followed, as governing the proceedings «i the Trustees, 25 Y., c^ 2i2, s. 3. This Act shall be read as incorporated witli 18 V., c- 53*. as hereby Act inoorporatBSi amended, 25 V., o. 22, s. 4. into is v. o.. 63. The Trnstees shall perpetually maintain within the ancient limits of St. Soirooi» for »oj»' Elizabeth, one or more Schools for poor boys, and one or more Schools for 'ho ancient Timiifc poor girls, for the sepai'ate reception, maintenance and education of poor oftiiopariBi* coys and girla resident within saoh limits. (and Alms-Houses, theproportion for which is now applicable to the maintenance otherwise of the poor, resi- dent within the ancient limits), 18 V., c. 53,. s. 9. And shall elect, for admission into the Schools, to be separately maintain- aootion of bor«. edi and educated, such poor boys and. girls as to them shall seem most eli- and gtrii gible, and to such number in the aggregate as each School is capable of maintaining, &c., and as having regard to (the maintenance of the poor) the fnnds at their disposal shall permit, 18 V., c; 53, s. 10. Also to receive into the Schools such number of Day, Scholars, boys and nay ichoiars girls, resident within the ancient limits as can conveniently be educated, with those to be maintained and supported, and, if practicable, to establish District Schools for the reception of Day Scholars within the limits, and ap- point thereto Masters and Mistresses, and pay them salaries or remunera.- tion,^ 18 v., c. 53, s. 11. They may alSo admit into the Schools the children of persons residing children of pa- vrithin the limits, willing to pay for their education, either as Day Scholars reu'» wuungto pay- or otherwise, to such number as they may by any bye-law determine, and Appropriation of fix the amount to be paid for each child, and appropriate to the Master or the monies to iw Mistress a portion of the money received for each as they think fit, for p"'* maintenance and education, or education alone, and apply the residue to the teneral purposes of the Act appropriable as the annual interest, 18 V., e. 3, s. 12- Pot eajTying- on, conducting and' maintaining the Schools and (poor), Repairs and fur-- and keeping up the buildings and lurniture, the Ti'ustees may appropriate the nitmeof echooii interest of the investments, or so much as may be necessary, 18 V., c. 53, s. 13. The annual accn»ng interest now producing £1400.and upwards; sfiair Proportional dn- be distributed in the proportions, not exceeding d£^200, for maintenance of tribution of interosti (the poor), not exceeding £800, for keeping up and maintaining the Schools for the reception, education and maintenance of poor boys and girls, and the surplus for repairs and fui-niture, and towards, keeping' up and supporting Schools fOF Day Scholars, 18 V., c. 53, s. 14. The Masters and Mistresses, Officers and servants, shall be appointed Appointment and- by the Tmstees, who may at pleasui-e remove or suspend them, and whose removal of ma»tev« qualification shall be in the discretion of the Trustees, 18 V., c. 53, s. 15. ^''■ Reporting vacancies of Masters, Mistresses or Matrons to the G overnor j, , , . ^ within 30 days after, and appointments or new appointments withra 14 days .,,,,„;,. „f romovni after, (18 V., e. 53, s, 26). In case of failm-e, toanpoint within- 2 months after vacancy, the right shall lapse to the Governor 18 V., c. 53, e. 39. The Trustees may make, revoke and amend bye-laws and rules for bet Bye-i»w« ter governing, ordering, and establishing the Corporation and Free Schools, Masters, ifcc, and persons employed in and abont the- Schools,, and the poor children and others to be educated in the same, and the (poor) as seems most proper for the objects of the oliarity, and for auditing the accounts, and otherwise for its general management and direction, but which shall have no force until 2 mouths after a copy, certified as the Governor shall direct, has been laid before him, unless he in the meantime signify his approbation p,.„^.Jj '■ thereof, 18 V., c; 53, s. 16. 204 FREE SCHOOL»- GovOTnoi'i dl«»r- The Governor may at aay time before or after any bye-law lias oom«- lownnca j^jq Operation, certify to the TriisteeB his disallowance, and, if it be in force, the time at which il shall cease, and none disallowed without having been in operation shall have any force, or, if in force at the time of disallowance, it shall cease at the time limited in the notice, save so far as any penalty has- been already incurred, 18 V., c. 53, s. 17. Cl«rk The Trustees may appoint, and, at pleasure, remove a Clerk, and from, time to time define his duties, and out of the annual income pay him a salaiy, allowance or recompense yearly or otherwise for bis time_ and trouble, and on his removal, or in case of his death, resignation, incapacity, departnre- from the island', or ceasing to reside withm the ancient limits, appoint another, toties quoties, 18 V., c. 53, s, 18. AiMol accomin The Trustees shall keep a book in which to enter the acconnts of all •" monies received and paid in furtherance or ii* the general management of the Charity, and which shall distinctly and separately shew what monies- have been received or paid in the purchase, if made, of sites, and in the- erection, repairs, enlargement or improvement, or fm'uishing of buildings, under the head of " The Building Aeeonnt ;'' and also the receipts and pay- ments for salaries, and the support and maintenance of the poor boys and Anibalimcea girls, and poor and necessitous persons, and otherwise in thegeneral manage- ment, under the sepai'ate head of " The General Management Aecount,"' to be made up and balanced to 28th- September, in each year, 18 V., o. 53, s. 19.. Ana audit«d an- They shall also cause an account to be made- up- to 28th September, shew- "°""^ ing the transactions at length, keeping separate in the account the Building; Account and General' Management Account^ audited at a Meeting, adjourned And oopie« sent if necessary for the purpose, and signed by the Chainnan,,and countersigned to the Governor, by the Clerk, and send a copy, within 60 days after the- 28th September, to- inspeotors of ao- the Governor, who may appoint persons to ihspeict theiraceounts and books, °°Tficir'powe''rV and any person, so authorized at all reasonable times, on producing his au- thority, may examine the books, acconnts, vouchers and documents of the- Charity, at the place they are directed to be kept, and take copies or ex- tracts, 18 v., c. 53, s. 20, Anrniaf report to And on 28th September, or within 60 days, sball render to> the Gover- «i6 GoTei-nor of nor, a repoi't, in writing, signed by the Chairman, stating the number of «barity Schools established and in opera>tion, and their localities ; the number of boys and girls, and their age, admitted for education and maintenance-, into the respective Schools ; the number and ages of the day-seholars, boys- and girls, specifying to- what Schools respectively admitted ; and the num- ber and a^e of those for whose education, or education and maintenance payment is made ; the amount for each child, and how appropriated ; the names and salaries, or other remuneration allowed to the- masters and Mis- tresses to each School ; the numbers, sex and age of the poor persons, [maintaiaed] ; the names of the matrons, nurses and other officers, and ser- vants employed in the Charitj^, their salaries or remuneration ; also the- situation, state, and condition of the buildings ;. the branches of education and industry taught in each School : the time at which they commenced operation, if estaT'lished within the preceding 12 months, and, if, for any time, when suspended or not in operation, and the reasons or occasion ; with such other pailicula) s as they think proper, or the Governor may in writ- ing require, 18 V., c. 23, s. 21. turthef reports They shall also, when required by direction in writing of the Governor, render a report in writing, on any matter relating to the elate and condition and general management of the Schools, and [poor J in the form and manner he directs, 18 V., c. 53, s. 22. Inspector to visit The Governor may, when he thinks necessary, authorize any pnblic and examine Inspector of Schools, or other person, to visit the Schools, and enquire acboois, ic. gf,^ examine into the state and condition, conduct, management imd discipline, and into any neglects, miscarriages, or irregulai'ities of Also to enquino any Masters, Mistresses or Scholars, and may also appoint persona Into the state &o. of to enquire into the state, condition and management ot the [poor], the poor j^,,() j^fo g^y neglects or irregularities of ihe Matrans, Nurses, or Theirpowsi-s servants; ancfany person so authorized, on producing hie authority at rea- sonable times, shall have access to the Schools, and exaniine Masters, Mis- tresses, Scholars, Matrons, Nurses and servanis, and have access te the books, &c., and may lake copies of extracts, IS V., c. 53, s. 23. TREE SCHOOLS. g05 Persons -wilfalTy obetructing any sucli Inspector, or ottier person in. the ob«tiuoihig them execution of his duty, shall, on couyiction. bnfore a Justice, foifeit £5, aurt in default of payment immediately, or within such time as. he appoints, tiie- same orany other Justice having jurisdiction in the place where the olfender is or resides, may commit him foi- 30 days, to be determined on payment of the penalty, which shall he returned to. the ensuing [Circuit C'ourt| in the- usual manner, 18 V., c. 53. s. 24. The Trustees shall meet for the ordinary dischiirge of business qnar- Quartoriy meet- terly, on 28th March, June, Septetnber and " December, or within 20 days <"«> thereafter, on thft day for "which they are summoned by the Chairman, or on a vacancy, 3 Trostees, 18 V., e. 53, s. 28. And Extraordinary or Special Meetings ma^ he ordered by the Chairman Special moctingi. when he sees occasion, or on requisition of 3 Trustees,, specifying the pur- pose, and the Chairman shall, within 7 days after, sigu andiseue a. notice for such meeting, 18 V., e. .53, s. 29. Any business may he transacted at Ordinary Meetings, but no. order for BusincBs at ordi* money shall be drawn for, othei- than the ordinary expenses of management, jJSthiBs" opde'ra°fSr unless at a previous meeting, or unless a full and clear particular of th.e money items and amounts for which drafts are to be made, be stated in the notice for the meeting, and no business shall be transacted at any Special Meeting unless specified in the notice, and no orders for money shall be drawn at any special meeting, except on some special emergency, to be stated in the notice, 18 V., e. 53, s. 30^ Any Ordinary or Special Meeting may be adjourned if the business them A^ournmunt ready, or for which it has been convened, is not completed, 18 V., c.53, s. 31 Every meeting shall be convened by notice in writing, signed by the . Notices of meet- Chairman, or, on a vacancy, by 3 Ti-usteee, or by the Clerk, under anthoj-ity '"*' of the Chairman or 3 Trustees, specifying the place, day and horn' ; and in case of an Extraordinary Meeting the purpose. A copy, attested by the Clerk, shall be given to each Trustee, o-r left at his place of residence, addressed to him, at his usual or last known place of abode 14 days at least before, 18 v., c. 53, 8. 32. Meetings shall be held at the Conrt-House, Blaok -River, or at on© of Place, the School-Houses, specified in the notice, 18 V., o. 53, s, 33. The Gustos of St. Elizabeth shall be ex-officio Chairman, and preside chairman at all meetings where present, and do all other acts a Chairman is di- rected to do, 18 v., c. 53, s. 34. In case of a vacancy , or of his absence from the island, or ceasing to onvaoanoy, jto., reside within the ancient limits, the Trustees, at a meeting to be specially irnsteea to elect oii» called, may elect a Chairman during such vacancy, &c., IS v., c. 53, s. 35. In the absence of the Chairman, the Trustees present may electa chairman pra Chairman pro tern, 18 V., c. 5 3s. 36. tem ' All orders for money drawn shall be fully entered on the minutes, and to%T'eJtJM°Vo signed at such meetings by the Chairman, and counter-signed by the Clerk, on min!itea° ' who shall immediately after tiansmit to the Eeceiver-General or Officer a signature copy of the mmnte, 18 V., c. 53, s. 37. be ee°„7trofflce°r tS The Trustees shall cause a book to be kept, in which the minutes of '"Minutes their proceedings shall be written, and the mmutes or draft shall be signed by the Chairman before the Board adjourns, 18 V., c. 53, s. 38. The School premises and Alms-Uonses exempted from all public and Ejtemption from parochial taxation, 18 V., c. 53, s. 40. taxes A perpetual annuity of £1400 4s. 7d. secured to the Charity in lieu of Perpetual annnK theinvestment of £23,337 4s. 3d., 28 V., c. 23. tyof .£i4oo4s7d Ecsea's Free School, Hanover. The Gustos of Hanover, the Members for the parish, three Senior Ma- Trustees fistrates present at any meeting, and actually resident in the parish, the lector, Cliurchwardens, any person who should in his life time by deed or otherwise give £600 (£360 sterling), or to that amount in lands, or an annual sum or £30 (£18 sterling), for the use of the Free School, with any 6 Freeholders qualified to vote for Members in Assembly, to be chosen by a majority of the Freeholders present, who are so qualified, between 8 and 12 A. M. on the third Tuesday in February in each year, (the poll to be taken by any Freeholder present) appointed "Trustees for the direction aud man- 206 Quoruti) Omiasio)! to elect •6 trjjHteos Ijicorporatiou 3, c. 18, s. 9. The Trustees were further empowered to discharge all incidental ex- penses, 18 G. 3, c. 18, B. 10. A perpetual annuity of £270 secured to the School in lieu of an in- vestment of £2700, 28 v., c. 23. St. Andrkw's Free School. Power given to establish on 2J acres of land near Half- Way Tree, given by Nicholas Lawes, with a messuage and buildings thereon, convenient for the purpose, a Free School, for the abiding, dwelhug and use of one or more Schoolmasters and Ushers of the Church of England, for instructing, without charge, in reading, writing, Latin, Greek, Hebrew, arithmetic, merchants' ac- counts and mathematics, childrenof the parishes of St. Andrew and Kingston, and the childien of all who settle to the value of £5 (£3 etg.) or pay £50 (£30 stg.) for the improvement and advancement of the School, to be called " St. Andrews Free School ;" and 7 persons named, of the parishes of St. Au- di'ew and Kingston, were appointed Governors, upon the death, resignation, or departure from the island of any of whom, others of the same parishes, within three months after, shall be chosen by the rest^of the Governors or the major part of them, and incoi-porated as " The Governors of the Free School of St. Andrew," to hold the Free School and all lands and gifts to be given or purchased for the use of the School, and to hqve a Common Seal for making leases and doing other things, with power to them, or the major part, to appoint Schoolmasters and Ushers, and receive into the School as many poor children as they think tit, to be maintained in proportion to the re- venues ; to repair, uphold, and enlarge the buildings, make rules and ordi- nances under the Common Seal for the government of the School, and of the Masters, Ushers and children, their stipends, and all monies for maintenance not repugnant to any ecclesiastical canons or constitutions of the Church of England ; also to visit the School, reform and redi'ess disorders and abuses, and censure, suspend and deprive Schoolmasters, Ushers and children ; but not to buy, sell, rent or lease for their own benefit any of the lands. In cat e of the refusal or neglect of the surviving or remaining Governors within 3 months, the Governor of the island may, by letters patent under the broad seal, appoint such persons as he thinks fit to be Governors in the place of those deceased, resigned, or departed from this island, 7 W. 3, c. 1. ruEE scnoois.. St. Jago' de la Veua Free Scuoot. The President of the Legislative Council, the Speaker of the AasemhTy, the Members, Gustos, Rector and CUurehwavdens of Si. Catherine, the Attorney General, and 3 pei'sons qaaliiierfto be returned and sitae Members of Assembly residing in bt Catbei'ine, to- be elected by the ex officio Go- veruoi's, were incorporated as the Governors of the Free Grammar School of St. Jago-de la Vega, and the sum of jtlOOO (£600 sterling), devised by Peter Beckford, and all real and personal property, the property of the Free' School and Govei-nors, as appointed under the repealed Act, 17 G. 2, c. 10, vested in them, -with powers to sue and be sued, ha.ve and altera Common Seal, hold real and personal estate not exceeding £1000, appoint Masters, Mistresses, Teachers, Tutors and Subor(3inates, allowing them a/ suitable eompensatitu, and ts make bye-laws for the management of its property , aiid the regulation of itaafiaii's, pecuniary, scholastic or otherwise, 2/ V., S.-l,- c. 19, s- 2-3, Any 5 may ftu-maiCourt, the major part of whom are- invested with fiiU powers, 27 V.,- S. 1, c. 19, a 4. The site of the present building, and all other real estate may be ex- changed or sold, and the proceeds invested in the pnrcliase of other premises in a more favourable situation in the town of St. Jago de-la Vega, or to erect a building, suitable for a> School, and the acoooHnodatioii- oS tils' Masters, 27 V., S. 1, c. 19^ ft 5. Two annuities, and all arrears of £40 (£24 sterlingl, and £50 (£30 Sterling,) charged" by the will of Thomas Barrett, on a Pen in St. Cathe- rine, and by Mary Baldwin, on Tamarind Grove Pen, with all powers for recovery of same, -tested in. the Corporation, 27 V., S. 1, c. 19, s..6. The sum of £600 iathe Receiver-General's office, at £10 per cent, inter- est vested in them, with authority to receive the annual interest of £60 in half-yearly payments, 27 V., S. 1, c. 19, s. 7. The Receiver-Geueral shall receive from them sueh sums as they shall- desire to invest, at 6 per cent per annum, in half-yearly payments,. 27 V., S 1, c. 19, s. 8. Poorchildren, those of St. Catherii)e always-to have the preference, have a right to be educated in the Free School, in the Latin and Greek tongues, writing,- arithmetic, geography, mathematics, and general mecha- nical and practical knowledge, and such other branches of education, in ad- dition as the Governors shall direct to be taught, without charge ; such children to be admitted in conformity to-such conditions as the Governors in th«ir general Court shall impose, 27 V., S. 1, o. 19, s. 9. The Master of the Free School shall act as Secretary, and keep the- mi- nute and other books, without fui'ther remuneration than is iixed for tiie Master, 27 V., S. 1. o. 19, s. 10. The Secretaiy was directed to summon 3 general'meeting by notice tc the ex officio Governors, to be served persoiialiy, or left at tlieir residence, one week befbre the-day fixed for the meeting, by the police, for the election of the three elective Governoi's, and in case no meeting then took place,- forthwith to summon- another for the purpose; and so for three months, every notice to state the hour of meeting, and all meetings, until the School- houses shouM be repaired, ora new one purchased or erected, to be held in the Vestry-room of St. Catherine, afterwards in the School-House, and once in every year afterwards the Secretary shall cause an election to take place of 3 Governors according to the above provisions. The meeting to be first- ealled during the first week in March. No out-going elective Governor shall- be disqualified for re-election, and any vacancy occurring during the year,, shall be filled up according to the above provisions, as soon as practicable. Anv elected' Governor shall become disqualified to continue in office for any of the causes by law declared disqualifioations for any Membei's of Assem- bly, Chm-chwardeu ir Vesti-yman continuing to 'be such, 27 V., S. 1,, c. 19, s. 11. If the Governors refuse or neglect- to have any election,, or to-fiU up a. vacancy in the number of the Governors within 3 months, the Governor of the island may nominate persons qualified, and the Corporation shall not be- dissolved by reason of the vacancy, 27 V., S. 1, c. 19, s. 12, All deeds and proceedings shall be exempt from Stamp Duty, 27 V., S. l; C.-19, S..13., §07 Incbrpdmtioni I'roperty Qilbi-irtn- 2' anttuitiea and^ arreni's veated' iD- thom- Also-^edO in the Receiver-General 'b Office at d£lO pei< ceiit Keceiver General^ to receive fuvtiier investment at jC6- per cent. Admission O f- children (those ofSt. Cftthe-- rine to bo preferred)* CoUree of oducatioa> Free of'ch'arga S'ocvetary Afeetin^a a n d^ choice of electiTfr- Goveraors Flaco of meetlog- Vacnncios Disqualifloatioas^ Ihii ca B e of S'^ months* neglect^ the Governor maj:" SU up vacancies' Kxomptiou frocap Btampji 508 FREE SCHOOLS. Porpetuui «uiiuV A pemetual annintv of £60 nettled upMi the School in lien 'of the iB- tyofXBo vestment of X600, 28 V., c. a3. St. James' Fkee School. Papochio! taxBB . The JusticBs and V-estry of St. James were empowered, at the time of "jor fio8 jchooii laying the Parish Tax, to raise, in the«ame manner and under the eame authority', uot'exceed!ng£ 1400 (£840 sterling,) per annum, to he appro- ' :priaied for the sole purpose of establishing and maintaining a School or Schools in the parish for the -education of youth of either or both sexes, to be ■called the St. James' Free Schools, 46 G. 3, c. 27, s. 1. jnstices and vii>- It shall not be lawful for the Justices and Vestry of -any fiarish to levy try prohibitBii ftorn gi. impose anv tax under any Act heretofore giving autnority, 21 V. , o. raising tuxea /HI*! oo .? i But may inciuao Th^v may , howSVer, include in their estimate of expenditure, -items for ^tem in oat!mflt«B ^parochial Schoolmastcrs, and rent of School-Houses, and any other expendi- ^faxpenditure see ture sanctioned -by any Act of the Legislature, 27 V., S. 1; c. 7, s. 32. Sche- >tUl« ■Voatnc." j^j^ ^ Tpuataea ^or orSering anS-conducting all matters relating to the Schools, the Pre- sident of the Council, the Speaker of the Assembly, the Gustos, representa- tives in Assembly, the Eector and Churchwardens, the three Senior Magis- trates next to the Custos, and actually -residing in the parish, for the time A to flir being, together with 3 Freeholders of the parish, to be annuatly elected. at the Taoanciea, 8e8°f 9"'' time of' j-Qf laying out the fund, and any donations, bequests, devises, be- incorporation and nefaotions and subscriptions, and other monies, and for governing the Free ipowei-s Schools, and carrying the Act into execution, land may hold lands, sell, de- mise, lease or assign their funds, securities, possessions or hereditaments, and -purchase other estate, real or pereonal, provided, that on every alien- ation or transfer of the trust-pioperty, tlie equivalent or consideration-money be invested to the same uses as the property conveyed or assigned ;^nd hsive a Common Seal, 46. G. 3, c. 27,:s. 2. ■Donors yfhea to ^"7 person who, in his -lifetime, by deeS or otherwise, gives £1000 ifceiuaa trustees (£600.-stg.) or to that amount in lands, or gives and -secures to the Corpa- rafion during the existence or continuation of the Schools, an annual sum of £100 (£60 stg.) in aid of the fund, shall become a Truetee with all thepow- ■ ers hereby granted, 46 G. 3, c. 27, s. 3. To pnrthase or The Trustees Or any 5, con-vened as before enacted, may lease erpnr- Jieose houses i^ir xjhase'land, or build a proper house or houses, with out-houses, or hire one -' h'ii'd ron°o7st' '" ^^ appropriated and used as Free Schools, to be devoted in the first place '■James; 'and, "those for the reception and education of as many poor white [and other, 11 G. 4, "Of other parishes -(,, 4^ - a. 1-^1 children of the parifih, as the Trustees, or any 5 think fit, and iin the- r i > > Manchester d i s- Immediately after each annual election of Ti'ustees, the Gustos shall call tttle ' ^^ a meeting of the Trustees, giving notice in two consecutive numbers of the Annual meet- Gazette by Authority, or, if none, then in any newspaper, and in default of ingaiter election such meeting being held, shall repeat his calls by other notices, until a meet- of trustees jng jg held, 18 V., c. 54, s. 9. Chairman At every such meeting, the Trustees shall elect from among themselves a Chairman, then resident in the parish, 18 V., c. 54, s. 10. Place of meet- For the transaction of business, the Trustees shall meet at the present ing School-House near the Alley, or at one of the other School-Houses to be es- tablished, as the Trustees may direct, and in case of the Chaii-man's absence, ,_ . the board shall elect a Chairman pro tem, and proceed with the business to ^^Chauman pro be brought before it, 18 V., c. 54, s 11. 3 trustees a quo For the transaction of the business of the Trust, any 3 Trustees, in- ™™ eluding a Chairman, shall constitute a Board, 19 V., c. 38, s. 2. Quarterly meet- The Board shall meet once a quarter, on 28th March, June, September ings and December, or within 20 days after, and may have special meetings as special meetings, often as necessary, due notice in writing of each special meeting being Onrequirement given by the Clerk affixing the same to the outside of the door of the Parish of 3 trustees, or Church for the space of 8 days immediately before that appointed, and the by chairman Chairman shall direct the Clerk to summon special meetings on the re- quirement of any 3 Tinistees, or he may call one without such requisition . ,, , „, „^. if he deems it proper. The Board may also adjourn as often as necessary, Acl] oumment jg y^ ^ ^^^ ^ j^. Meetings to be Any Chairman, on failure of a quarterly meeting on any of the days convened by no- specifically appointed for the meeting, may fix any day after the lapse of 8 tice if not held on days, and within 20 from the day so specifically mentioned, notice to be given "itv^yt^M, s. 12 ^ ™ "^^ of special meetings, 19 V., c. 38, s. 3. Books to be Tue Trustees shall cause a book to be kept, containing a statement of all kept, of property, the real and personal property belonging to them, or to be vested in them accounts and pro- Jq^ jjje Schools, and shall also cause to be kept separate books of the ac- ceedmgs counts of the institution, and of their proceedmgs, 18 V., c. 54, s. 13. Accounts to be The Eeceiver-General shall keep a separate account of the moneys in kept by Keoeiver- hig hando belonging to the Trustees, and pay the interest and dividends to 'o'S™tees'°a^ers their orders, to be drawn and signed at the meetings, and in presence of the Accounts to be Board by the Chairman, countersigned by the Clerk, 18 V., c. 54, s. 14. annually examin- j^„ annual account shall be stated up to 28th September by the Clerk, Staied^a n d and laid before the next meeting, shewing the receipts and disbursements for count ersignod, the previous year at full length, which, after being examined by that or a and transmitted subsequent meeting, shall, when found correct, be signed by the Cbair- tob'^uSS™™" ™^'^ ^"^ countersigned by the Clerk, and forthwith forwarded to the Gov- Jiiqulries and enior, to be audited by a Board of Audit, or Auditor of Public Accounts,' proceedings to re- 18V.,c. 54, s. 15. property'^'™''™^ The Trustees shall cause enquiry to be made into all sums of money. As to interposi- donations or other property, "eal, personal or mixed, due or to become due tion of the trus- to the Trust, whether given to the Chm'chwardens or to the Justices and t^^d'^t 'dShooS Vestry, or otherwise, so as they be available for the purposes of the Ti'us- te 24 V. 0. 9 tees, and shall be entitled to proceed at law or in equity to recover the same with Governor's in their coi'porate name ; and all reasonable costs incurred shall be allowed in consent then' accounts, but to be instituted and continued vpith consent of the (Jov- Beference to The Trustees may refer to arbitration, or compromise any claims to any ram^rom^e ™f arrears of rent-charge or annuity, or any sums now or to be due, and ac- claims oept in lieu and satisfaction such principal sums as they think proper, with Apportionment, the consent of the Governor, or as may be awarded by arbitration, or.any Sic., of receipts Court having jurisdiction, and on payment of such principal sums, to release for va-e sSSs! ^^ well the parties as the lands liable, the principal sums received to be paid 25-82d for Man- into the Receiver-General's oflice rateably , to be apportioned according to the Chester district conditions and trusts declared of the £9000, the interest and dividends of school, see that title rEEH SCHOOLS. jgi3 the portion alloted to Vere to be paid to the Trustees, and form part of the annual funds of their Trust, 18 v., o. 54, s. 17. The Trustees may, as they require, draw, and the Eeceiver-General Trustees' drafts pay to them all such sums as have already been or may hereafter be paid by them to the credit of their account, for rents, rent-charges or arrears or otherwise, to be applied for the purpose of carrying out the Trusts of 18 v., c. 54, and may invest any surplusmoneys at any time in their hands, or at their credit, for which tliey have no immediate use, in the Island Trea- .,,, ■ ""f"* "' sury, at the rate of £6 per cent, per annum, and apply the interest, as well =""1""' moneys as the principal of such surplus money, or any part, from time to time, for carrying out the Trasts, 28 V., c. 29, s. 2. Not to affect the rights of the Trustees of the District Schools of Man- NottoaCPeot the Chester. 28 V.,»c.29, s. 3. rights of Man- The Trustees may purchase or take on lease as many sites for District " sftes of Schools School-Houses, in addition to that near the Alley, and build, hire or purchase, Free ScholaJs keep in repair and furnish School-Houses thereon, in the parish, as they think necessary, and as the funds at their disposal admit, and which shall be free to all persons residing in the parish over 5 and under 15, whom the Trustees select to be instructed in the lower branches of education, such as Education reading the English language, and so much of writing and arithmetic as to enable them when they come into active life to perform accuratelj' and with despatch the duties of an ordinary business life, and also of receiving reli- Religious in- gious instruction according to the principles of the United Church of struction England and Ireland ; and may also cause to be imparted to the children a j_i_,it™.] &„ practical instruction in agricultural, mechanical and other industrial occupa- instruction tions. Children of parents of other denominations may be admitted, and Children not of shall not be obiigL-d to conform to, or be tauaht the tenets of the Established gie Established Church, 18 V., c. 5J, s. 18. 0'»""='' The Trustees may -also appoint Teachers and fix their salaries, wlio Teachers of shall be members of the Established Church, and shall not receive any Established other fee or rewai'd for teaching in the Schools without the leave of the ^^^"h Salanes, Trustees according to their rules and regulations. They may remove any ^Rlinoval Teacher at their pleasure, and upon his manifest neglect of doty or grossly immoral conduct, are required to dismiss him, 18 V., c. 54, s. 19. The Trustees shall select and introduce uniform Class-books, and supply Books and other the Scholars therewith, and furnish to the Schools other necessary articles articles and apparatus, 18 V., c. 54, s. 20. And may make regulations and bye-laws for the conduct of the Board, Bye-laws the prosperity, order and disciphne of the Schools and the Teachers, and the security and preservation of the School-Houses and other property. Amendments, which may be revised, altered or amended at any special meeting, due '"'• notice of any intended alteration, and the substance being given in the sum- mons calling the meeting, 18 V., c. 54, s. 21. Every Teacher shall be deemed qualified who holds a certificate from Qualified teach- the Bishop or 2 beneficed Clergymen, or any Normal School, under the crs, see a. 19 hands of the persons granting the same, and shall state their belief that the person is well qualified in respect to moral character, learning and abi- lity to teach any District School in the parish of Vere, 18 V., c. 54. s. 22. The Trustees shall be charged with the custody and safe keeping of the Trustees to have School-Houses, as well as of the account books, papers, vouchers and do- custody of school- cuments belonfting to the Trust, and each of them may,- at reasonable times, 5o^|\/°°°^ visit and exajiine the School-Houses, and inspect and take copies and ex- ' ' tracts of accounts, &c., at the place they are directed by the Trustees to be kept, 18 v., c. 54, s. 23. They shall make a report up to 28th September in each year, and trans- .nnual ranort mitsametothe Governor withm 20 days after, signed and certified by a to the Governor majority of the Trustees making it, and shall specify the number of Schools establislied, the daily average number of Children taught in each School during the preceding year, the names and salaries of the Teachers, the con- dition of the SchoolvHouses, the state of the funds, and any other informal tion they deem necessary, 18 V.-, c. 54, s. 24. The Governor may authorize any PubUc Inspector of .Schools, or, in aohool8,°'OT'othera his absence, any other person, to visit the Schools as often as he thinks ne- to inspect and re- oessary, and to report thereon, and who shall have free access to, and egress pot' "pon the from such Schools, and may at all reasonable times inspect, take copies o>' xS powers S14 ^ItBB SOHOOIiS. Penalty tor ob extracts of accounts, &0., at the place where they are directed to be kept; •truoting penalty on persons wilfiilly preventing, obstrnoting such inspection or mak- ing extracts, or wilfully neglecting the dutjr of access to documents, not more than £5, to be recovered before 9 Justices, and paid to the Trustees for the furtherance of the Trusts, 18 V., c. 54, s. 25. No teacher to be a Vestryman.Church- ^rarden or Trustee No Teacher shall be eligible to sit in Vestry, or to act as a Trustee, and his election as Vestryman, Churchwarden or Trustee shall be void, 18 v., c. 54, 8. 2fi. > Perpetual Annul- A pei"petual annuity of £500 9s. 7d. secured to the School in lieu of the ty of isoo 98 n investment of £6256, 28 V., c. 23. Truetees appoint- ed by 9 G. 2, c. G .Additional trus- tees under 16 G. 3, Superintendence under 18 v., c. 61, s. 19 Bepealed acta, 41 G-3, 0. 29, s. 10, 8 v. c. 39, s. 13, in all respects the same Incorporation Powers over pro- Custody, 16 6. 3, ' not subject to appeal, nor removable into a court of law, or restrainable by injunction, 6 V., c. 27, s. 31. ci^vodonaH'na '" ^"^ Society majr receive donations, which shall be applicable to the '°°° general purposes, in like manner as contributions of Members, and not other- wise, 6 v., c. 27, B. 32. Minora membera Minors may become Members, execute instruments, ^ive acquittances, and enjoy the privileges, and be liable to the responsibilities of Members of matuied age, if admitted with the consent ol theii' Parents, Masters or guardians, 6 V., c. 27, s. 33. The rule shall provide that the Treasurers, Trustees, Stewards or other principal officer shall, once a-year at least, prepare or cause, &c., a gene- ral statement of the funds and effects of the Society, specifying in whose custody or possession they are then remaining, with'au account of the mo- neys received and expended by or on account of the Society since the publication of the preceding periodical statement, attested by two Members appointed Auditors, and countersigned by the Clerk or Secretary ; and every. > member shall be entitled to receive from the Society a copy of such state- ment, on payment of such sum as the rules require, not exceeding 6d., 6 V., c. 27, 8. 34. 6 yearly returna Every Society established or to be established, shall, within 3 months of eioknesB .and after the expiration of the month of June, aud so again within 3 months after mortality jj^g expiration of every further period of 5 years, transmit to the Clerk of the Peace a return of the rate of sickness and mortality experienced by the Society, within the period of 5 years, according to form in Schedule, a copy of wliich shall be annexed to the rules, 6 V., c.27, s.35. Tob« tranimitted Which retmns shall be transmitted at the periods mentioned to the Bar- to tiie Governor rister by whom the rules vpere certified, and be by him transmitted to the andAasombiy Governor and House of Assembly when- sitting, 6 V., c. 27, s. 36. The Barrister, within one month after the expiration of September, and so again within 3 months after the expiration of every^ further period of 5 years, shall transmit to the Governor a list of the Societies enrolled during such period, specifying their names, the places where established, date of enrolment and time of ceasing to exist (if such case should arise), and a copy of the returns of sickness and mortality, a copy of which, with the Schedule attached, shall be laid before the Assembly within 1 month, if the House is sitting, or withui one month after they next sit, 6 V., c. 27, s. 37. No fee shall be charged to any Member for any oath he may be legally ° "'" required to make before a Magistrate to obtain payment of his sloK-pay or al- lowance 6. v., c. 27. s. 39. Further retui'na SCHEDULE. Know all men by these Presents, that we, A. B., of Beourlty bonds A (Treasurer or Trustee, &c.) of the Society, estab- lished at in the parish of , in the county of , and G. D. of and G. H. of , as sureties on behalf of the said A. B.) are jointly and severally held and firmly bound to E. F., the present FRIENDLY SOCIETIES. 221 Clerk of tbe^Peace for Hie parish or city (as the case may be) of in the sum of , to be paid to the said E. P. as such Clerk of the Peace or his sucoessor, or Clerk of the Peace of thesaid (city or parish) for the time being, or hie certain Attorney, for -which payment, well and truly to be made, we 'jointly and severally bmd ourselves, and each of us, by himself, our, and each of our heirs, executors and adu4nistrators iirmly by these presents. Sealed with our Seals. Dated the day of , in the year of our Lord, 18 Whereas the above bounden A. B. hath been duly appointed (Treasurer or Trustee, &c.) of tbe Society, established as aforesaid, and he, together with the above bounden C. D. and 6. H. as his sureties, have en- tered into the above-written bond, subject to the condition hereinafter con- .tained. Now therefore the condition of the above-written bond is such, that if the said A. B. shall and do, justly and faithfully, execute his office of Treasurer (or Trustee) of the said Society, established as aforesaid, and shall and do render a just and true account of all moneys received and paid by him, and shall and do pay over all the moneys remaining in his hands, and assign and transfer, or deliver all securities and effects, books, papers and property of, or belongmg to the said Society in his hands or custody to sdch person or persons as the said Society shall appoint according to the rules of the said Society, together with the proper or legal receipts, or vouchers for suoh payments, and likewise shall and do in all respects, well and truly and faitnfully perform, and fulfil his office of Treasurer (or T^stee, &c.,) to the said Society according to the rules thereof, then the above-written bond shall be void, and of none effect, otherwise shall be and remain in full force and virtue. We, the major part of the arbitrators, duly appointed by the Award B Society, established at in the parish of , in the ooun- ' ' ty of • , do hereby award and order that A. B., (specifying by name the party or the officer of the Society), do, on the day of fay to C. D. the sum of (or we do hereby re-instate A. B. from the said Society, as the case may be) Dated this day of 18 E. F. G. II. SCHEDULE C. 222 Ketums of Bick- nesa and mortnli* ty, C « c3 rO OJ bn S3 ^ ^ Pi 0) 5° ■o way of lottery, or by lots, tickets, numbers or f<"''°'""y figures, cards, raffle or dice, or making, printing, advertising or publish- ing, or causing to be made, &c., proposals or schemes for advancing small sums of money, by several persons, amounting in the whole to large sums to be divided among them by chances of theprizes in such lottery, or deliver- ing out, or causing or procvmng, &c., tickets to the persons advancing such sums, to entitle them to a share of the money so advanced according to suoli proposals or schemes ; or exposing to sale any houses, &c., by any game, method or device, depending upon , or to be determined by any lot or drawing, whether 'out of a box or wheel, or by cards, raffle or dice, or by any ma- chine, engine or device of chance of any kind, shall, upon conviction before 2 Ji1§tices, njjon oath of a witness, or ujpon view of such Justice or Justices, or pe„„iiy coitfession, forfeit £200 (,t;i20 sterhng) to be levied by distress and sale, and suffer imprisonment uu; exceeding 3 months ; and until the fine is paid, to be applied when recovered ;i'''ov deducting the reasonable charges of pro- secution, one moiety to the infoimer, or, if convicted on the view of 2 Jus- tdeee, the moiety shall not go to the Justices, but to the poor of the parish, 13 G. 3, c. 19, s. 7. All persons who purchase any ticket or share, or be adventurera in Aayeniuros any lottery or sale as aforesaid, shall, on conviction as above, forfeit £20 {£12 sterling), to be recovered and applied as before, 13 G. 3, c. 19, s. 2. All sales of houses, &c., by any game at dice or raffle, lottery, ma- Sai«» by lottery chine, en^ne dr other device, depending upon, or to be determined by ™Ana aa property chance or lot, shall be void, and the houses, &c., set up to sale shall be for- forieited lo him felted to such person, who shall sue for the same in the Supreme Court, 13 who will »uo G. 3, c. 19, s. 3. Power of appeal, 13 G. 3, c. 19, s. 4. If any peraon who is convicted of erecting, setting up, maintaining or imprisonment in beeping any lottery, or exposing to sale any houses, &c., by any lottery or default of goods other device, or in either of them shall adventure, and has not sufflcient goods whereon to levy the penalties, and does not immediately pay the pe- nalty, or give sufficient security for the same, the Jnstice^ may commit him to tlie County Goal for not exceeding 3 months, 13 G. 3, o. 19, s. S. If any Justice neglect or refuse to do what is required of him, he shall justice refusing forfeit £10 (£6 sterling) to be recovered before any one Justice, one moiety to act to the person who shall sue, the other to the poor ; the prosecution to be com- menced within 6 months after refusal, 13 G. 3, c. 19, s. b. Any action against any person for anything done under this Act shall be Protection from commenced within 3 calendar months after, and be laid in the county where actions the cause of action arises. The defendant may plead the general issue, and give the special matter iu evidence. If the Plaintiff become non-suited or discontinue, or if upon verdict or demurrer judgment is given against him, the Defendant (instead of treble costs, shall receive such fuU and reasonable indemnity as to all costs, charges and expenses incurred in and about the action as shall be taxed, subject to be reviewed as any other taxation of costs, 8 V. c. 28, 9. 22,) and shall have remedy as in other cases therefore, 13 G. 3, 0.19,8. 7. No person shall, by himself, deputy, servant or other person, for his gain Penalty on keep or lucre, erect, setup, continue or keep,. hold, occupy, exercise or maintain i"„,,^' gaming gg4 CtAMING, LOTTEBIES, &e. any common gaming-house or other place for playing at the games of eUovel- board, pharoh, ace of heaMs, passage and hazard, or for playing at any games with cards, or with any machine or device of chance 'ol any kind (billiards, backgammon, skittles, nine-pins and bowls only excepted) under penalty, recoverable before a Justice, not exceeding £200 (£120 sterling) nor less than £10 (£6 sterling), or imprisonment in the County Goal (or nearest pri- son , see Prisons, 20 v.. c. 11, b. 42), not exceeding 6 months, nor less than 3 months, or both fine and imprisonment, such suins to be levied by distress and sale, and after deducting the reasonable charges of prq^cution, to he ap- plied, one moiety to the informer, and imprisonment enforced by warrant of one Justice, 39 6. 3, c. 7, s. 2. On persons usingf Every person using and haunting any of the said houses anrf places, hSuselTa piartSg and being there adventurers in any of the games of shovel-board, &c., or betting cards, or at any game played with any machme, &c., or therein playing, setting at, staking, or pointing at or betting on the side of or against such as play at any such game, (billiards, baokgammori, and the other games now played with the backgammon tables, skittles, nine-pins and bowls only ex- cepted) shall, on conviction before a Justice, forfeit not less than £10 (£6 sterling), and not exceeding £100 (£60 sterling), or suffer imprisonment in the County Gaol, [see sup. s. 2.] for not less than 5 days and not exceeding 30 days, such sums to be sued for, recovered and disposed of as aforesaid, 39 G. 3, c. r, s. 3. Ceriiomri, want No Complaint shall be removed by certiorari or other process mto the ofform Supreme Court, until judgment has been given, nor shall any conviction or judgmentbeset aside for want of foi-m, in case the fact alleged in the con- viction is proved to the satisfaction of the Court, 39 G. 3, c. 7, s. 4. What private All private houses and other places where loose and dissolute persons houses to be deem- meet, and where the games before-mentioned, some or one of them are honses to"^'o"°^ played at or carried on, and riots or disorders are committed, shall be deemed common gaming-houses for lucre, and all persons haunting and playing at any of the games there shall be liaible to the penalties, 39 G. 3, c. 7, s. 10. Justices may en- Every Justice, on information upon oath, may enter into houses and rest the' iwep"™ *' places where such games are holden, exercised, used, occupied or played at, and nreqnenters, see and as Well the keepers as also the persons there l\aunting and resorting and 18 v" 0°^ 8.2 '"' Play'^Si ariest and imprison, 39 G. 3, c. 7, s. U. Penalties on Jus- If any Justice neglect or refuse to do what is required of him by this tices and goaiers Act, he shall forfeit £20 (£12 sterling), and if any Deputy-Marshal, or 3u?y their j^ggpgp of ^ny County Gaol neglect or refuse to receive any prisoner sent to liim by warrant of a Justice to be imprisoned, or shall not keep him within the walls during the whole of the time prescribed by such warrant, he shall forfeit £100 (£b0 sterling), one moiety of which penalties- shall go to the informer, to be recovered by action of debt, &c., 39 G. 3, c. 7, s. 12. Prosecutions All prosecutions shall be commenced within 6 months, 39 G. 3, c. 7, s. 13. Baffles and lotte- All games and lotteries tobedeterminedby the chance of cards and dice, ries public nuisan and proposals or schemes for the sale of plate. Jewels, goods and other things, to be determined by raifles, by mathematical engines or machines and by other indirect ways, are common and public nuisances, and all grants, patents and licenses for such lotteries void, 39 G. 3, c. 7, s. 14. And patents, &c. No person shall pubUcly or privately exercise, keep open , show or expose ™'ii to be played at, drawn at or thrown at, or shall draw, play or tlirow at any such i... Deputy Quarter-Master-General Barrack-Master-General Deputy MuBter-Master-General Deputy Judge Advocate-General Deputy Deputy Judge-Advocate Aid!e-de-Camp to the Commander-in-Chief (ex- cept Ist and 2nd, 7 W. 4, o. 35 Island Engineer Physician-General Surgeon-General Apothecary- General Every Deputy of the 3, above Surveyor of Public Works Order to a Minster to publish in Church an in- tention to apply for a Private Bill , . Marshal and Sergeant of Mac6 to the Court of Vice-Admiralty Collector of the Customs Controller of the Customs Land and Tide Surveyor Surveyor and Admeasurer of Shipping Waiter and Searcher Water-Bailiff Order to Land and sell Cargo of any Foreign Letters of Preference to Escheat Property of a felon convict Island Storekeeper Commissary of Militia ...;.. Superintendent of Ordnance Stores Superintendent of Pioneers and working par- ties, or of Signals and Beacons, Miner- General or Deputy, or Assistant to any of the 3 last, each Leave of absence to Attorney General " " Advocate-General " " Judge of tlie Court of Vice- Admiralty " '■ Acting Receiver-General " " Eegistrai' in- Chancery " " Island-Secretary " " Agent-General " " Quarter-Master General " " Deputy Adjutant-General " " Deputy Quarter ■ Master- General " " Barraok-Master-General ' " Deputy ...... 50 0.., .£ 30 50 0... . 30 15 0... 9 20 0... . 12 20 0... . 12 ao 0... . 12 20 0... . 12 50 0... . 30 15 0... 9 20 0... . 12 15 0... 9 5 0... 3 5 0... 3 100 0... . 60 150 0... . 90 150 0... . 90 150 0... . 90 150 0... ., 90 150 0... . 90 150 0... . 90 60 0... . 30 150 0... . 90 10 0... 6 140 0... . 84 20 0..; . 12 100 0..-. . 60 100- 0... . 60 100 0... . 60 100 0... . 60 50 0... . 30 10 0... 6 20 0... . 12 0. 20 0... . 12 10 0... 6 10 0... 6 10 0... 6 5 0... . 3 5 0... 3 6 0... 3 12 20 0... . 12 30 0... ,. 18 100 0... . 60 100 0... .. 60 200 0... .. 120 20 0... .. 12.0 20 0... .. 12 20 0.. ., 12 20 0.., .. 12 20 0.. .. 12 20 0.. .. 12 10 0.. 6 25 0.. .. 15 15 0.. 9 15 C. 9 15 0.. 9 15 0.. 9 GOVERNOR'S SECRETARY. 229 JjeHve c UKllENCY. Steuling. of absence to Muatei'-Master-Geueral £ 15 0. ...£ 9 (( Judge Advocate-General 15 0. 9 '• Deputy Judge Advocate-Ge- neral 15 0.. 9 (t Physioiaa-General 15 0. 9 " Surgeon-General 15 0. 9 " Apothecary-General 15 0. 9 tc Deputy Physician-General 15 0. 9 (( Deputy Surgeon-General Deputy Apothecary-Gene- 15 0. 9 ral 15 0. 9 Collector of Customs 10 6. 6 Controller of Customs 5 0. 3 Each Public GiBcer not be- ■ fore specified 10 0. 6 3 G. 4, c. 13, 8. 9. The Stamps imposed on Commissions in thf Militia shall be impressed on Militia Commii Commissions of the same rank and description of persons arrivmg in this thi" iBiand island claiming to have rank in the Militia, 3 G. 4, c. 13, b. 3. In addition to the Stamp on Certificates by the Governor of persona hav- ing duly qualified under appointments by Her Majesty or the Commission- ers of Her Majesty's Customs, there shall be imposed an additional Stamp equal in amount to the fees that would be paid on such appointments jf granted by the Governor. No Officer of the Blilitia shall be compelled to pay twice for the same rank, on any change of Governor or otherwise, 3 G. 4, c. 13, s. 4. Appointments to the Customs Militia Bions All powers, provisions, rules, methods, articles, clauses, penalties and Powers of future forfeitures, distribution of penalties and other matters prescribed by any ^l"^^ onfor°»'°tii'o Act imposing Stamp Duties, to be passed, and their application by the Ee- duties iioreby im° eeiver-General, shall (as far as applicable) be of force with relation to the i'"^*'' duties hereby imposed, and be put in execution for raising and applying such dutieSj 3 G. 4, o. 13, s. 5. All Commissions, Appoiutments.matters and things on which a Stamp is Commissions, &o. hereby imposed, not stamped as directed, shall be void, and any Secretary "{" .'J"™''.!'' " who issues any such Commissioner Appointment, or does any matter or "'™°" i"" thing not stamped as aforesaid, shall forfeit £500 (£300 sterling), to be sued for, recovered and appropiiated as before directed, 3 G. 4, c. 13; s. 6. If any person counterfeit, or forge any stamp or mark, provided or Forgery of stamps made in pursuance of this Act, or counterfeit or resemble the impression *° upon any paper, parchment or vellum with such counterfeit mark or im- pression, knowing it to be counterfeited, or shall utter or sell any paper, &c., with a counterfeit mark or stamp thereon, knowing it to be counterfeit Felony the offender shall be adjuged a felon, and shall suffer death, 3 G. 4, c. 13, s. 7. The punishment of death repealed, and the paijty shall be punished in pu„i,hment the same manner as a person convicted of the same offence would by law be punishable in England, 19 V., c. 29, s. 2. The Seoretaiy shall, under penalty of £50 (£30 sterling) , deliver to the penalty for delay- pai-taes.entitled thereto all commissions and appointments, in case they are ap- "ig the delivery of plied for within 24 hours after they have been signed by the Governor, and ""P°" after the amount imposed by tliis Act and the Stamp Act now (sic) in force thereon have been tendered, to him, and shall, under a like penalty, deliver all other papers required frcm his office, but to which the Governor's sig- nature is not necessary, within 7 days after they have been approved of by the Governor, 3 G. 4, c. 13, s. 8. No letters of preference shall issue from the office until the application out'ietiere° of^p"/. has been filed 14 dayss penalty on Secretary £50 (£30 sterling), SKf„°ft,"°"li, " 3 G. 4, c. 18, a, 9. I«nflled 230 GUNPOWDEE AND FIRE-ARMS- G-regory's Charity, St. Catherine. A messuage and land in St. Jago-de-la^Vega vested in the Chief-Justice, and the Gustos, and Rector of St. Catherine, to be sold, and the proceeds, invested in their names, the interest and proiits to be applied towards the maintenance and support of poor persons from any. part of the island, and • patting poor bo;ys and girls apprentices, and giving portions in mai-riage with poor girls from any part of the island jn ' their di£C!retion, • 33G.3,c. 14 ■ .«tl^i, ^""P"""'' A Perpetual Annuity of £144 secured to the Charity in lieu of a depo- "°°'"'' eit of £2400, 28 V., c. 23. Gunpowder and Fire-Arms. No more than 4ibB. No person shall keep more than 41bs. of gunpowder at one time on any kopt'on°iiOTcs'tato estate Or plantation, penn, settlement, or dwelling hojise, or other place, ,ex^ &i., without a ii' cept he receive a License from the Common Council or Justices and Ves- <»"•» . try for special purposes: penalty not exceeding £5 (£3 sterling), Penalties 3 V., c. 43, s. 10. One-half to the informer, and the other half for the benefit of the poon or other parochial purposes, 3 v., c. 43, s. II. Recoverable before 2 Justices, by distress and sale. In default of goods, they may commit the offender, with or without hard labour, not exceeding 10 da3-s,3 V.,c.43, s. 13. Boiida of iimsior The Master of every Vessel arriving in nny port having Gunpowder pi^ of veMoiB and drog- l^ii'e-Arms ou board, ana tLe Master of every droglier liaving, &c., shall at ""Im to payment the time of entry become bound to the Queen in a bond, with two sureties, in ofdutieiand waro the Secretary's Office, iu £200, that he will not land Or permit, or suffer to mae'So '" Port ^^ landed any such Gunpowder or Fire- Arms, ATithou't a License, under tlie Boyai, soe imporn, hand of the Custos, Mayor or a Justice of the parish or precinct iu which 28 V., c. 10, n. IS, 6uch port of entry is: penalty, forfeiture of his Vessel, her guns, tacklet Place of deposit ammunition and apparel, and the Custos, or Mayor or Justice is required to direct the Gunpowder or Fire-Ai-nis when landed, to be lodged in the Fort or Magazine nearest to the port, or some place of security approved of by him, 19 v., c. 14, s. 1. No Gunpowder No person shall deal iu, sell or barter by himself, or any servant or &o., tobesoid, &o., agent, under a penalty not exceeding £100 lior less than £20, any Guu- without license powder or Pire-Arins before he lias obtained a License. Form A., 10 v., c, 14, s. 2. Justices in Special The Justices in Special Sessions shall grant such Licences at the times Session to gi-antii- and in manner as Licenses to retail Spu'its ; and the Special Sessions °°"'°' for granting Licenses shall be summoned aud lield in the like manner, - with the like notice, and the like number of Justices, and under the like penalties on the Custos and Clerk of t.he Peace as Special Sessions for granting Licenses to retail Spirits, 19 V., c. 14, s. 3. All applications for Licenses shall be made in writing, and lodged with Ucmsm""""' llie Clerk of the Peace 5 days previous to the Special Sessions, 19 V., c. 14, a. 4. The Clerk of tlie Peace shall not, under penalty of £30, deliver any Delivery o icense j^j^gj^gg jg j^|,y pgi.gon until the application has been granted, nor until he has given Bond in £100, with one Surety. Form, 19 V., c. 14, s. 5. For every License there shall be paid £1, and the person licensed shall a'dSw'D duty°to '®^^^ "''* *® ^lerk of the Peace at the time of executing the Bond the re- be itopt with cierii ceipt of the Receiver-General or Collector of Taxes, or District Collector, ofthePoaoo for the amount, (Form B) and £1 10s. for commutation of Stamp Duty paid to the Receiver-General, &c., or the Clerk of the Peace shall not deliver the License, 19 V., c. 14, s. 6. Moneys to be paid The moneys received by Collectors or District Collectors for Liceiises . .1..1 n>„.iv„,. ^^ij Stamp Duties, shall (the commission having been first deducted) be paid over to the Receiver-General within.l4 days after receipt, under penalty of £20, 19 v., c. 14, s. 7. The Receiver-General shall carry all moneys paid to him, the Stamp Duties to the credit of the public, the Licenses to the credit of the Darishes, 19 v., c, 14, s, 8, K ' thel. Receiver General GUNPOWDER AHD PIKE AKMS. 381 The Clerk of the Pence shall transmit to the Keceiver-General and oiorhpftiisPesoo Collector or District Collector, within 10 days after each Special Session, a S'^"'"';' ""^ ?"Jj" return of the number of Ijicenses granted, with the names of the persons: oonso" penalty £20 ; and under a like penalty shall transmit a copy for piiMioa- tiou in the Gazette within 10 days, 19 v., c. 14. s. 9. And shall, under a penalty not exceeding £30 nor less than £10, keep a Beoord reooipto separate book for entermg and recording all Receipts, Bonds and Licenses, '■"S''^?.!!"!""? and -under the like penalty cause a list of the names of all persons who jM^omiioen/oa have obtained Licenses to be fau'ly transcribed and set up in the most public pai't of his office. When the price of any License and Stamp Duties nave been paid to any Collector or District Collector, the Clerk of the Peace shall, within 10 days after the receipt lias been left with him, trans- cribe and transmit the original receipt to the Receiver-General, 19 V., c. 14, s. 10. The person receiving the License shall pay 10s. to the Clerk of the Peace his Fee for his trouble in performing all the duties required of him. Penalty on making any additional charge, £20, 19 V., c. 14, s. 11. • Every License must be taken out within 14 days from the day it was Licenses to bo granted ; failing which, such person's right to talce out the same, or any other ^f" °'" within License during the current year, shall be forfeited, 19 Y., c. 14, s. 12. "'"' Every License shall continue in force for one year, or from the granting Ana continue un- thereof until the 5th April of the next succeeding year, 19 V., c. 14, s. 13. tn 6 April sucoeoa- Every person licensed to sell Gunpowder or Fke-Arms shall, in order to ounpowaor ex- prevent danger, keep all his Gunpowder, except one barrel at a time, in the cept one barrel to be Fort or Magazine-, or a place of security approved of by the Gustos or kept at tiie fort Mayor, or Justice rearest to his place of residence, and the Captain of Cnties ana fees of the Port and others l..:viiig the custody of the Mag-azines, or the persons &'" having charge of such Gunpowder, shall keep the Powder, and deliver it out only under an order of the Custos or Mayor, or the resideut senior Magis- trate, in the absence of the Custos, as occasion requires under the penalty of £30, for which he shall receive from the owner at the rate of 2s. per barrel capable of (28 V., c. 10, s. 14) containmg not more than 100 poimds weight of Gunpowder, 1 s. for every half ban-el, (capable of) containing not more than 50 pounds weight, and 6d. for every quarter Bai-rel, (capable oif containing not more than 25 pounds weight, whether such Gunpowder is loose or in tm canuisters, 19 V., c. 14, s. 14; 28 V., c. 10, a. 14. Search waj-rant for Gunpowder or v.^ J. , , — — J ■ , , - ^ ^r -I -- I. ' FireArms. Penal. in any quantity contrary to this Act, any Justice shall issue his warrant to ''»' ^^^ ^ cause search to be mad,e in the suspected Vessel, &c., and any Gunpowder vic?,°o.6?e.7°''' or tire-arms there found contrary to this Act, shaU be forfeited for the use of the parish, and the master of the Vessel, or occupier of the house or pre- mises, shall, in a summary manner before 2 Justices, forfeit not exceeding £30, to be applied to the use of the parish, or the offender shall be impri- soned for net exceeding 3 months, as to the Justices shall seem fit, 19 v., c. 14, s. 15. Every person who shall have any Gunpowder or Pire-Arms in his posses- Annum teturna sion for sale or otherwise, shall, on or before the 28th March in each year, give in, upon oath, to the Clerk of the Peace an account of all which may be then in his custody, power or possession, and an account of what may have been expended, sold or otherwise disposed of by him, from the time of the passing of this Act until the 28th March in every year, and; fclje purposes for which they have been expended or sold, or disposed of, under a penalty not exceeding £10, 19 V., c. 14, s. 17. Penalties may be recoyered before 2 Justices, one half to the informer, penalties (who shall be competent to give evidence), and the other half to the poor of the parish, and upon non-payment, may be enforced under 13 V., c. 35, or any other Act in force at the time the penalty is inflicted, 19 V., c. 14, s. 18. Act in force until 31st March, 1870, 19 V., c. 14, s. 19. Dntation Act not to alter or abridge the power of the Governor to entrust any varnor's power to person with Gunpowder and Pire-Arms for public purposes, 19 V., c. 14, s. 20. ;SS'"Giuip''owXr', The Gunpowder and Pire-Arms Act, 1856, 19 V., c. 14, s, 21. *!;,„.( ytjo Upon information, on oath, that Gunpowder or Pire-Arms are deposited j,^ suspected, &c., in any Vessel, house, store or any improper place, and in Q^^ H40KNJJX OABBIAGJIS, SCHEDULE, I.lcenai!, A., «. 2 JAMAICA, SS. , „ . , „ At a Special Sessiopa of the Peace held in and for the Pansh of on the day of in the year of our Lord one thousand eight hundred and , for that purpose, A. B. of the said parish having been approved of as a Dealer in Gfunpow- der and Fii'e-Arms in such parish, and having duly entered into bond and paid the tax requii'ed byl aw. These are to License the said to deal in and dispose of Gunpowder and Fre-Arms according to the pro- visions of the Gunpowder and Fire- Aims Act, 1856, from the day of one thousand eight hundred and to the day of in the year of oui- Lord one thousand eight hundred and Dated this day of 18 Rerelpt B., s. 6 JAMAICA, SS. I certify that has duly paid into my hands the sum of ' for a License under the Gunpowder and Fire- Arms Act. 1856, and Stamp Duty thereon. Dated this day of 18 A. B., Eeceiver-General or Collector (or District Collector) of Taxes for the Parisli of BoiKi, c, s. 6 Jamaica, ss. Know all Jien by these Presents, That we of the parish of dealer in Gunpowder and Fire-Arms, and of the parish of are held and iirmly bound unto our Sovereign Lady the Queen, her heirs and successors, to which payment well and truly to be made and done, we bind ourselves, and each of us, and the heirs, executors and administrators of us, and of each of us jointly and severally, fiimly by these presents. Sealed with our seals, and dated the day of one thousand eight hundred and Whereas at a Special Session of the Peace holdeu in and for the parish of aforesaid, on the day of last, the above-bounden was approved of is a dealer in Gunpowder and Fire-Arms from the day of until the day of next ensuing, and the above-bounden was also ap- proved of as the surety of the said Now the condition of the above-bond is such, that if (he above- named liis executors or administrators do not, and shall not with an evil intent, sell, or barter, give or otherwise dispose of, under any pretext or means whatsoever, any Gunpowder or Fre-Arms, or suffer any person or persons in his service or employ, or under his direction or autho- rity, to sell or barter, or give or otherwise dispose of, under any pretext or means whatsoever, any Gunpowder or Fire-Arms, and do and shall once in each and every year, on or before the 28th day of March, return to the Clerk of the Peace of the said parish of a gene- ral account on oath of aU such Gunpowder or Fire-Arms as shall havelieen in his possession, and shall have been sold or bartered, or otherwise dis- posed of by him during the said year, and do, and shall in all things con- form himself to all and every the provisions, clauses, articles, matters and things mentioned and contained in the Act of the J 9th Victoria, chapter 14, being the " Gunpowder and Fire-Arms Act, 18.5(i, ' then the above ob- ligation to be void and of none effect. Sealed and delivered in the presence of Seal Seal. Hackney Carriag-es. wiMit ore Carriages with Wo or more wheels, used for standing or plying for hire in any street or road, in any city or town, or the neighbourhood, whatever the form or construction, or the number of persons it is calculated to convey or number of horses by which they are drawn, phall be deemed Hackney Carriages, and may be so described, 10 V. c. 29, s. 1. Proprietor'Bnnmo „ ^''1 E™S^J'=*?'' fall, before he Commences to ply for hiie, leave at the and abodo to bo Qitice 01 tne Clerk 01 the I'eace, an account, m writing, of his Christian and left with ciork of surname, and place of abode, in words, atlengUi, and as often as, and wilhin " 7 days after his ■place of abode is changed ; penalty, 40s, 10 V., c. 29 k '> HACKNEY CARRIAGES. 233 Before any Hackuey Carriage is used and employed or let to hire, the ^'i'^ pamica on - i 1 if - ^ "^ P . , . 1 J 1. *^ •^. • T carriaso, with the proprietor Bhall paint, or cauBe, &c., m straight unes, in a conspicuous place number of persons on the right or oif side, the Christian or initials and Surname at fall length it is iioonsea to and place of abode of the Proprietor or Principal Proprietor, and the numDei: °°-"^ of persons to be carried, in words at length, " to cany Persons", 16 inches to Be allowed to each person. Where more than one C arriage is held by the same Proprietor, each shall be numbered with a distinguishing number, and the letters and numbers painted in legible characters of black or white (whichever most differs from the color of the ground whereon painted), the tetters at least one inch in height and of proportionate breadth, and shall be re-painted as often as any part becomes obliterated or defaced : Penalty, 40b, 10V.,c.a9, B. 3. When complaint is made against the Driver, any Justice may summon . P'opijioior m ay the Proprietor personally to appear and produce the Driver to answer, and if pear"and° proSuco he neglect or refuse, without a reasonable excuse, he shall forfeit 408 as of- driver ten as summoned until the Driver is produced. On the second or subsequent summons, the Justices may hear the complaint in the absence of the Proprie- tor and Driver, or either, and on proof of the offence, may give judgment against the Proprietor for the penalty, 10 V. c. 29, s. 4. The pecnniary penalties and costs, unless the Driver pays them, may be Liability for dii- levied by distress and sale of the goods of the Proprietor, and for want of Tor sufficient distress, the Proprietor may be committed not exceeding 2 calendar monthB, unless sooner paid, 10 V., c. 29, 6. 5. ETery Proprietor who pays any penalty or costs by reason of any offence Liability over or of the Driver, may recover the same from the Driver m a B"mmary manner, ariver and on corapiaint before a Justice, he shall enquire into the same, and cause the sum which appears to have been paid, to be levied by distress and sale of the goods of the Driver, and for want of sufficient distress, may commit him for not exceeding 2 calendar months unless sooner paid, with or without hard labor. If the Driver has been previously convicted of the offence for which the penalty and costs have been paid by the Proprietor, such proceedings shall be taken against the Driver upon the conviction, as if tliey had not bepn paid by the Proprietor, and upon recovery shall be re-paid to him, 10 Y., c, 29, s. 6. In case of dispute between Proprietor and Driver, upojl complaint of nispute '"!'^|°!> either, any Justice shall determine the same, and order compensation to J^?'' " "" '" either party, and in case of non-payment, cause the same to be levied by dis- tress and sale, and for want of sufficient distress, may commit the party for not exceeding 2 calendar months, unless sooner paid, lo V., c. 29, s. 7. The Driver of every such carriage shall, if required by any person hiring Driver bound to (unless he have a reasonable excuse, to be allowed by the Justice), drive it 'siseup pa»aenger« to anyplace heia tequired vsdthin the limils of the city or town : Penally, 40s, 10 v., 0. 29, 8. 8. Every Hackney Carriage found standing in any street or place, unless . Unless actually actually hired, shall be deemed to be plying for hh'e, although not on any murtproT^'"'' ^° standing or place appropriated for carriages tor hiie, and the Driver shall go with any person desirous of hiring it, to any place within the limits or bounds, and on the hearing of any complaint against the Driver for refusal, shall adduce evidence of being actually hired at the time, and on failure shall forfeit408,10 v., c. 29, 8. 9. If the Driver in civil and explicit terms declare that the Carriage is ac- Compensation if tnaUy hired, and is afterwards summoned, and on the hearing produces evi- jj," " " hlro'a''' for dence that it was actually and bona fide hired, and it shall not appear that he refusal ' ' used uncivil language, or improperly conducted himself to the party by whom he is summoned, the Justice may order such iparty to make him com- pensation for his loss of time in attending to make his defence, and in default of payment, may commit the paily for not exceeding one calendar month un- less sooner paid, 10 V. c. 29, s. 10. The Proprietor or Driver may stand and ply for hire, and drive on the Lord's day Lord's Day, and if he do so, shall be compellable to do the like work as on any other day of the week, 10 V., c. 29, s. 11. The Proprietor or Driver may demand and take for hire the rates and Fore, rate of fares in either of the Schedules A and B, calculated for time or distance, at his option, if the hirer require him to wait with the Carriage, either before he drives off or while using itr 10 V.,o. 29, 9. 13. 234 HACKNKY CARRIAGES, RofuMi to pny If ally pei'sou refiise Or Omit to pay the Dfivcr for the hire, 01' defaces or riaBr'"^'"'"^ °°' iniares auy Carriage, any Justice may grant a summons, or if necessary, [in ■which case the complaint must be on oath, 13 V., o. 35, s. 2], a warrant for hjinging before him, or any other Justice, the defaulter or offender, and, on proof on oath, may award icasonable satisfaction to the party complaining ibr his fare or damages and costs, and also compensation for loss of time, and, on refusal, may commit the offender for not exceeding one calendar month, unless the amount is sooner paid, with hard labour, if he think fit, fO v., c. 29, s. 13. Koflisai to drive If the Driver refuse to go with any person desirous of having his car- for legal faio with riago for the legal fare, or refuse to drive with reasonable expedition, or if eipeaition ^-^^ Proprietor or Driver exact or demand for the hire more than the proper sum, such Proprietor or Driver shall forfeit 40s., 10 V., c. 29, s. 14. No agreement with any driver for payment of more than his proper moi-o''tK"™oper fare, where not required to go beyond the limits, shall be binding on the fare valid person making the.same, but ne may, notwithstanding, refuse on discharging the Carriage the payment of any sum beyond the proper fare, or if he actu- ally pays more, whether in pursuance of any agreement or not, he may, on complaint against the Driver before a Justice, recover back the sum paid beyond the fare, and the driver shall forfeit, as a penalty for exaction, 40s., and in default of re-payment of the excess, or payment of the penalty, the Justice may forthwith commit the Driver to prison for not exceeding one calendar month, unless sooner paid, 10 V., c. 29, s. 15. Agreement for If the Proprietor or Driver, or other person on his behalf, and with his leas than proper consent, agree Defore-hand with any person hiring to take for any job less "'" than the rate of fare, the Proprietor or Driver shall not exact or demand more than the sum agreed for : Penalty, 40s., 10 V., o. 29, s. 16. Compellable to The Driver shall, if required by the hirer, carry the number of persons cavry the fun num- painted On the Carriage, or any less number at the hirer's option, and, on her painted on car- refusal, shall forfeit 4Ub, 10 v., c. 29., s. 17 nage or less ' ' "Where the Driver is required to wait, he may demand and receive a WaiHng for hirer reasonable sum as a deposit over and above his fare, to be accounted for ''''°" when the Carriage is finally discharged, andif any Driver who has received a deposit refuses to wait, or goes away, or permits the Carriage to be driven, or taken away without the consent of the person making deposit, before the expiration of the time for which the sum deposited is a sufficient compensa- tion, according to the rates and fares in Schedule B,, or on the final discharge of the Cari'iage refuses to account for the deposit, he shall forfeit 40s., 10 v., c. 29, s. 18. Property left in The Driver of any Carriage, wherein any property is left by any person carriage hirin"-. shall within 4 days alter, carrvitin the state he finds it, and leave it with the Cle-::of the Peace; Penalty, £20. The Cleik of the Peace shall forthwith enter in a book lo be kept at the office, the descriptlLii of the pro- perty, name and address of the Driver, and the day on which it is bronghtf iee for entry, ;2s. 6d.), and the property sliall be returned to the person proving to the satisfaction of a Justice that IL belonged to him, previously payinir such fee and other expenses, with a reasonable sum to the Driver. If not claimed by , and proved to belong to some person within one year after deposit (having been advertised in some public newspaper ciroulatiug in the city or town by the Clerk of the Peace) , the property shall be deUvered up to the Driver, if he apply within one calendar month after the year ; or in default of applica- tion, any Justice may cause it to be sold, and the proceeds, after deducting the fee and expenses, shall be paid to the Eeceiver-General to the public ac- count, 10V.,c.29, s. 19. [Carrying others If the Proprietor Or Driver of any Carriage, the whole of which is hired, when whole oar- permit Or suffer any person to ride or' be carried in, upon, or about such car- riage hired riage without the express consent of the person hiring, be shall forfeit 20s., 10V.,c. 29, s. 20. standing across ^ any Proprietor or Driver stan^ or ply for hire with any Hackney Car- tho street or along- riage, or Suffer it to stand across any *?treet, or common passage or alley, or -MfSK °t°"Sle alongsiiie of any other hackney Carriage, or two in a breadth, or feed the way— taking away horses ill any road, street or common passage-, save only with corn out of a f»™ bag, or if the Driver refuses to give way if he conveniently can to any pri- vate Coach or Carriage, or obstructs or hinders the Driver of auy other Hack- ney Carriage, in taking up or setting down any person, or wrongfully in a PAOKNEV OABRUftBa SOI foi'olble o» clandestine way, takes away the fkre fram any other who, in the judgment of any Justice before whom complaint is heard, shall appear to be fairly entitled to such fare, the offender shall forfeit 20s. lOV., c. 29, S.21. The Common Council of Kingston and Justices and Vestry shall define ovdnnncos, &» the limits of the city or town in which Carnages shall ply, and appoint pro- "specting umits, per places where they may stand and ply for hire, and make order for regu- »"""''' *"■ lating the number of Carriages to stand in such places, the distances from esich other, the times at andTdming which they may stand and ply for hire, and orders and regulations for the better ordering and regulating such car- riages and the Drivers and others having the manag'ement, and may alter, amend or repeal the same, and cause them to be advertised in a newspaper eirculating in the city or town, and a copy hung up for public inspection in ^^avertiM m a n t, the office of the Clerk of the Peace, before they or any of them shail be car- ried info eft'ect or be considered as repealed. In case the Driver or person having the management of any Hackney Carriage permits it to stand for hire in any place not appointed, or at or for any other or any longer time than appointed, or in any other mamier offends agamst the rules, &c., to be made, the person who so places it, or if not known, the owner shall forfeit not exceeding j^S, tobe paid, after deducting such part as shall be adjudged to the informer, to the Eeceiver-General. No such rules, &c., shall be in any respect repugnant to, or inconsistent with' the laws, or any of the provi- sions of this act Act, 10 V., c. 29, s. 22. If the Driver leave any Carriage unattended in any street, road, or at . any place of public resort or entertainment, whether hired or not, any offi- uiia°ten3oa° '^^ cer of Police, Constable or other Peace Officer may drive away and deposit the same with the horses at some place of safe custody, and the Driver shall forfeit 203 for suchi offence, and in default of payment upon conviction, and of the expenses of taking and keepingthe Carnage andHorses, the same with the harness or any of them shall be sold by order of the convicting Justice , and after deducting the penalty and costs and expenses, as well of the pro- ceedings as of the taking, keeping and sale, the surplus shall be paid to the Proprietor, 10 v., c. 29, s. 23. If the Proprietor, Driver, or person having charge, by intoxication, or i„t„iiciiUon furi- by wanton and furious driving, or other wilful misconduct, injures or en- ous diiving, ' min- dangers any person in his life, limbs or property, or makes use of abusive coniaot, nbus iv e or insulting language; or is guilty of other rude behaviour to any person, or hS?orI^oi)strucHiig assault or obstructs any officer of Police, Constable or Peace Officer in the poUce, &c execution of his duty, the offender shall forfeit £6, and in default of pay- ment, be committed not exceeding 2 calendar months, 10 V., c. 29, a. 24. If any Driver or assistant is summoned or brought before a Justice to compensation answer any complaint, which is afterwards withdrawn or q uashed or dis- for losa of time in missed, or the Defendant acquitted, the Justice may order the complainant ^'"^^'"'P''''"' ^''" to pay him compensation for his loss of time, and in default of payment may commit him for not exceeding one calendar month unless sooner paid, 10 V. , c. 29, s. 25. Pecuniary penalties shall be distributed, one moiety or less, with costs, to uiitributlon o t the informer, 10 V. c, 29, s. 26. ponnitica SCHEDULE A. Rates and Fakes fou Distance. For every person conveyed for any distance within the limits or bounds of any city or town 6 Where the whole Carriage is taken by the hirer, he shall pay a sum equal to 6d. for each person the same is capable or represented to be capable of carrying with conve- nience. For every person conveyed beyond the limits or bounds (ex- cept where a special agreement is entered into an ad- ditional sum beyond 6d., of 3 Where the whole is taken, and no special agreement entered into, the hirer shall pay an additional 3d. for each person it is capable and repre- 'sented to be capable of carrying vritli convenience. But not compulsory to ply beyond the limits or bounds. iQgg BABBOUSg. SCHEDULE B, Ratks and Fakes for Time. For any time within and not exceeding 30 minutes 2 AboveaO minutes, and not exceeding 45 3 Above 45 minutes, and not exceeding one hour 4 For any further time exceeding one hour, at the rate of Is. for every 15 minutes completed, and Is. for any fraBtionalpart of 15 minutes. Such fares being in full for the hire of the vrhole Carri^e, and the Driver compellable to cai-ry the full number of persons it is represented to be capable of carrying, or any lesser number, at the option of the hirer. If the Driver is required to go beyond the limits, and no special agree- ment, and the hirer does not require to take back himself or any passen- gers, the Driver shall be entitled to Is. additional to return. But not compulsory on any Driver to go beyond the limits. Karbonrs. Taking ballast No person shall fetch, Or cause to be fetched inanjboat vessel or canoe, Ro^r'ee ^•/°'e ^'^'^^ *''® ''®^^^ ""^ shoals, or dig up any stones below high water-mark from 6, s. il ' the easteimost and southernmost part of any of the keys lying off Port- Royal, and no stones, email or great, be fetched or taken up for ballast, or any other use from the eastermost side of the Point of Port-Eoyal, so far as Plumb-Point, on penalty of £10 (£6 sterHng], 33 C. 2, c. 17, s. 4. One-third to the Crown, one-third to the Chm'chwardens for the use of the parish, and one-third to the informer, recoverable by action of debt, &c., 33 C. 2, c. 17, s. 6. Sinking wrecks or No Wreck shall be sunk, or ballast thrown into the road of Kingston to throwiBg ballast the eastward of the westend of the town, nor to the westward of the east "H'bm v.f'°Ta" P*'"'"^ Kingston, 8 Ann, c. 8, s. 4. 8- 1° chann 1 The parish of Kingston may, as often as there is occasion, buoy or stake irom'porf Koyio'to out the Channel between Port-Koyal and Kingston, at the costs ol King- Kingston ston, 8 Ann, c. 8, s. 6. Damaging buoys WhoBoever, by himself or his servant, willingljr or malicionsly cuts away, or pulls up any such buoy or stake, shall forifeit £50 (£30 sterling), one-half to him who shall sue in the Supreme Court, 8 Ann, c. 8, s. 7-8. Foreign Vessels Every French, Dutch or Spanish Ship, or other vessel arriving in any harbour, &c., shall be subject to such Port-charges, visitations, rules and orders as the vessels of Her Majesty's subjects trading hither are, 12 G. I, c. 11, s. 3. Injuring bouys If any person makes fast, Or hangs on, or secures any fishing or other So,, in Port Koyai boat to any bony, stake or mark, on any of the shoals or quays in or Harbour or Chan about the Harbour of Port-Eoyal, or the Channels leading into the Harbour, "obstructing vos- Or causes any obstruction to any vessel sailing into or out of the Har- seis sailing in or out bour, by sunonnding with boats any of such buoys, stakes or marks, or breaks dowu, removes, pulls up, cuts away, injures, destroys any of them or any stave or vane attached or affixed tbereto, he shall, on conviction before 2 tfustices of Port- Royal, forfeit, not exceeding £5 (£3 sterling) and costs, or be committed not exceeding 30 days, and, at the discretion of Ike Justices, over and above such fine, or notwithstanding such imprisonment, all costs and expenses for repairing or re-erecting such buoy, &c., the amount to be fixed by the Justices, who may take evidence thereof on oath, and enforce payment with costs by distress and sale, and, in default of goods, may com- mit the ofiender not exceeding 30 days, 3 V., c. 36. Harbour masters The Receiver-General shall be relieved from the collection of Harbour- fees collection Masters' fees, which are to be collected bvy themselves, 18 V., o. 24, s.l. No vessel shall be cleared out of the Customs until a certificate of pay- ment, signed by the Harbour-Master or his Deputy, is produced by the Mas- ter to the principal Officer, in form annexed : penalty £50, recoverable in the Supreme Court. In ease of the absence of the Harbour-Master or his Deputy, the Master, prior to clearance, may pay the fees to the principal Of- ficer, who shall receive and account for them to such Harbour-Master. — Where the Harbopr-Master is in receipt of a salary from the Vesti'y, no fees shall be demanded or taken by him so long as fie continues to receive such salary, 18 V., c. 24, s. 2. Hiwbour-MaBter'a Office, port of thousand eight hundred and These are to certify that the Mastei- or the - named the has paid Masters' fees at this port of clearance. To , Harbour-Master. sai* Commander of the Harbonr- Harbour mnster appointment Duties ^n faai'llors goner ally Oath of office The Common Council of Kingston may malie ordinances relative to the Harbour, and the duties of the Harbour-Master, Watei-Bailiff, and all of- Uagmuio'nf'' "' fences, evils and inconveniences touching the Harbour, without prejudice to the right of the GJovernor to appoint the Harbour-Master, 18 V., c. 61,s. 15. The Harbour of Kingston shall include all the body of water between Extent of the shores in the parishes of Kington and Port-Koyal, to the eastward of Kingston, and the shores in the parishes of Kingston, St. Andrew and St. Catherine to the westward of Kingston, and the Falisadoes or shores in the parish of Port-Royal, and extending from the head of the harbour to Passage Fort in St. Catherine and to Gallows' Point in Port-Royal, and from this latter to the southernmost point of The Twelve Apostles' Battery, 18V.,c. 61,s. 16. The Governor may, bjr writing, under his hand and seal, appoint a Master-Mariner or other efflclent person as Harbour-Master. Upon a vacancy in any of the ports mentioned in Schedule A., remove them, and fill up va- cancies, 23 v., c. 5, s. 1. Every Harbour-Master shall perform the undermentioned duties in the port or parish for which he >» Harbour-Master : 1. Take and subscribe an oath o: office before a Justice, to be lodged with the Clerk of the Vestry. I do awear, that I will faithfully and impartially, and to the best of my ability and judgment, perform as Harbour-Master for the port (or parishof) the.duties imposed upon me by "Harbours' Re- gulation Act, 1859,' ' and which shall be imposed by any regula- tions to be issued by the Governor in Executive Committee, under the authority of the same. 2. Any Harbour-Master hereafter appointed, shall, in person, except pre- vented by illness, and if already appointed, by himself or deputy, per- form the duties, and reside at the port, or within 5 miles ; if for more than one Port in some part of the parish convenient for visiting the several Ports, and particularly the principal one. 3. Appoint, in writing, when necessary, the place in the Harbour where ballast, mbbish, earth, stone, and gravel, or any other useless and un- serviceable thing shall be thrown and left from any Vessel. 4. Direct and regulate the position, moving, unmovingand removal of every Vessel. 5. Take charge of every Vessel on fire, and give direction for preventing the spread of, and for extinguishing such fire. 6. Furnish the Captain of every Vessel trading beyond the Tropics withiii 24 hours after anchoring, and the Captain of every Vessel trading withiii the Tropics, twice every year, in January and July, or as soon after as practicable, with a pnnted copy of the Harbour Regulations, or such parts of this Act as the Commissioners for each Port consider necessary and provide for the guidance of each Captain, 23 V., c. 5, s. 2j The Harbour-Master for Kingston shall perform the undermentioned daties, acts and things in addition to all others : 1. He shall demand from the Captain of every Vessel entering with Gun- powder, within 24 hours after delivery of the Harbour Regulations, the receipt of the officer in charge of the Magazine at Fort-Charles for such Gunpowder. "^ 2. He shall see that every Vessel in Harbour is at all times moored not less than 50 fathoms from the nearest wharf, (except between 1st August and 30th November, inclusive, during whioli time not less than 150 fathoms) and is unloaded and loaded by boats, except whilst discharging or tak- ing in cargo alongside a Wharf as after provided. Acting in person or by deputy, resi- dence See 8. 16 Deposits for bal- last, &.C Position of Ves- sels Vessels on Jire "^ Harbour regula tlons In Kingston Gunpowder Moorings 838 HARBOURS. Unlonfling to 3, Thftt no Vessel approaches or reipaina within a less distance for the {mrpoae, or on pretence of loading or unloading goods on or from any ■wharf until it is ready foi' her reception alongsiae; 4. Ngr remains alongside longer than :— a Vessel under 150 tons bilrtheti, for 4 working days ; above 150, aaid under 200 tons, for 6 worldng days i pleted her unloading or loading, and there is no other ready to unload orloadatthesamewbarf, such Vessel may continue until she has com-' pleted, or there is another Vessel ready to come alongside to unload or load. 5. That when the business of any wharf is incommoded or obstructed by more than one Vessel being moorefl at a neighbouring wharf, the Vessel iirst moored at the neighbouring wharf is removed, if tlie time allowed has expired, if not, that the Vessel which arrived last is re- moved until the time allowed the first Vessel expires. Anchbrlng, mak- ^- That every Vessel while lying alongside any wharf has at all times a fit inc f«>t, 4c and proper anchor out in a south-easterly direction from her bow at a distance of not less than 30 fathoms. 7. That no Vessel has a bow-fast or stern-fast attached or fixed to any Wharf when not nnloading or loading thereat. 8. That no Vessel is allowed to swing within 200 fathoms of any ' whai-f , and every Vessel anchored or lying within that distance has out at all times a sumcient anchor a-head in the direction east-south-east from the Ves-; sel with a sufficient cable, and a proper hedge-anchor a-stern, in a di- rection west-north-west from the Vessel, with a sufficient hawser at- tached with buoys, fastened to such anchor and kedge-auchor, by buoy ropes, not exceeding in length the depth of the water, where they lie by more than one fathom, 9. That no Vessel has at any time, her anchor acockbill, or 1" anging over the bows, but properly fished to the bow, so as not to injure any boat or craftpassing the Vessel, or taken on deck if neceesary, or required by the person in cliarge of any wharf, while the Vessel is lying alongside, 23 v., c. 5, s. 3. LiaWiitH! of Hsr- Every Harbour-Master who from ignorance or neglect moors or places bour Master any Vessel in a position to occasion damage to it, or tiny other Vessel or wharf, shall be liable to make good the damage and may be proceeded against by accion of debt in the Supreme Court, 23 V., c. 5, s. 4. Every Harbour-Master who omits, neglects or i-efnses to do and per' form the several duties, matteisand things required by this Act, or any re- gulation issued by the Governor in Executive CommitLee to be done by him, shall forfeit not exceeding £50, and may be removed from his ap- pointment, 23 v., c. 5, s. 5. jTjgj The Harbour-Masters of the several' ports or parishes in Schedule A, Seeisv., 0. S4. shall be entitled to the fees and salaries set opposite the port or paiish in Schedule B, to be payable, collected and received as now, 23 V., o. 5, s. 6. Offences in Kinir- Everv Captain or other person committing any of the following of- •tw Harbour fences in the harbour of Kingston, shall forfeit not exceeding £00, or suf- fer imprisonment, with hard Tabor, not exceeding 3 months : SaUast 1- Who shall take up or carry away, without the permission of the Har- bour-Master, any earth, sand, stones or ballast from the Pahsadoes. Gnnno ii ®" Who shall not vrithin 24 hours after he has anchored his Vessel, de- np w cr posit all the Gunpowder therein at Port-Charles, or within 24 hours after he has received the Harbour Eegulations, and on demand of the Harbour-Master, produce to him a receipt from the officer in charge of the Magazine therefor. 3. Who shall receive any Gunpowder, or knowingly permit the same to be received on board in the Harbour. Pirine litfboom *■ ^^o shall not, within 48 hours after dropping anchor, have the flying *c.,toSe-9lMo,rte- jib-boom and main-boom of his Vessel close rigged in, and her sprit sail .oa,|io yard on deck, or fore-and-aft under the bow-sprit, and shall not so continue whilst the Vessel is within 200 fathoms from the nearest wliaif, 23 Y., c. 5, B. 7. HARBOURS. 239 In any harbour Throwing carcai- 809. &c. Dead bodies, car- casses on board Dropping anchor Yritliin distances Combustibles Faying sides, &t'. Every Captain or other pereoii who commits any of the following of- fences in any Harbour, ehall forfeit not Exceeding £60, or suffer imprison- ment, with or without hard labour, not exceeding 3 months : 1. Refusing or neglecting to moor, unmoor, remove or place any Vessel at Not mooring, &o. the time and in the manner directed by the Harbour-Master. *' """ 2. Obstructing or hindering the mooring, unmooring, removal or placing of mooWng"&c!^ "" any Vessel in any Hai-bour ordered by the Harbour-Master. . 3. Obstructing any Harbour-Master in the dischai^e of any duty imposed °''1i''''^'''* Har- by this Act, or any regulation issued by the Governor in Executive °" °'' ' Cfommittee. 4. Throwing or casting into, or depositing in, or causing, &c., in any Hai'- Throwing ballast, hour or part thereof, other than the places appointed by the Harbour- Master for the reception, any ballast, rubbish, earth, stones and gravel, or other useless or unserviceable article. 5. Throwing, casting or letting go, or causing, &c., in any.Harbour, or leaving, or causing to be left on the shore, without permission of the Harboiu'-Master, the carcass of any animal, either from on board of any Vessel in, or from any part of the shore of such Harbour 6. SuSfering the dead body of any human being, or the cai'cass of any ani- mal to remain on board of any Vessel more than 12 hours. 7. Dropping anchor at any time between 1st December and 31st July in- clusive, less than 50 fathoms ; or between 1st August and 30th Novem- ber inclusive, at a distance less than 100 fathoms from the nearest Wharf. 8. Allowing pitch, tar, turpentine or other combustible matter, to be boiled or heated on board of any Vessel, or in any Boat, unless the Boat is moored at least 30 fathoms distant from the nearest Vessel and Wharf. 9. Burniu?, scorching, or paying, or allowing the side or bottom of any Ves- sel to be burned, &c., at any place in any Harbour, other than a careen- ing place, or plare appointed by the Harbour-Master for the purpose. 10. KinrUing, or permitting a lire to be liindled on board of any Vessel in any other than a proper iron fire-place or caboose, or kindling or per- miain.L'-any fire to be kindled or kept burning after Sat night. 11. Beating, blowing or using, or permitting, &c., on board of any Vessel, any drum, trumpet, horn or other noisy instrument, to the disturbance or annoyance of any of the inhabitants of any city or town binding on or adjacent to the Harbour. 12. Employing or causing, &.C., Or permitting to remain on board of any Ves- sel, any indentured Apprentice, or immigrant laborer under contract, witliout the pei-misiion of his master or employer. 13. Removing any Ves.'ifl from one wharf fo another, or from any other place to a wharf without having previously informed the Harbooi'- Mastfir, and received his direction in respect to snch removal. 14. Discharging, or causing, or permitting, &c., any Pire-Ai-ms on board any Vessel (a Steam Vessel whose anchor is about to be weighed preparatory to her departure excepted). j 15. Refusing or neglecting whenever a Boat is passing to or from any wharf to which a Vessel is attached by a bow or stern-fast to slacken the same, so as to permit its passage, or whenever a Boat is vered a-stern of any Vessel, to haul such Boat up close a-steru whenever any other Vessel happens to be passing. 16. Using any net or seine for catching fish, {shrimp nets excepted) having meshes in any part of less dimensions than IJ meh between knot and knot. 17. Using any net or seine for catching shrimps of a greater length than 2J fathoms, or joining 2 or more of such nets or seines. 18. Cutting, breaking, or untying the rope or chain by which any buoy is held to or connected with any anchor, place or thing, or setting Ipose any buoy from any anchor, &c., to which it has been attached. 19. Using an unlicensed or unregistered Boat which shall not belong to any Vessel in the Harbour, nor he "oai-rying freight fi'om or to the Harbour ior the Vessel to which such Boat belongs, 23 V. e. S, a. 8. Apprentices ImmigraatB, &ai RemoTlug Teasels Firearms Slackening boxv or stomfast, jec. Nets or seines Shrimp nets Loosing buoys Unreg 1 ■ t « r d bnta Accidcntnl ingr 240 HAltBOUKS. Wilfully aiukiug Every person who wilfully sinks any Vessel, or causes, &c., in any Harbour without having first obtained the permission of the Commission- ers for the Harbour, in writing,' under their hands, or that of their Clerk, shall forfeit £500, and be liable besides to answer in damages to the Com- missioners for all expenses incurred by them in removing such Vessels, and all damages occasioned by sinking the same, 23 V., o. 5, s. 9. If any Vessel is accidentally sunk, and the owner or consignee fail to remove it out of the limits of the Harbour, or to snch part as theHarbonr-Mas- ter appoints, within 3 months after he is reqnii-ed, in vrriting, by the Harbour Master to do so, the Vessel shall become forfeited to the Commissioners, who shall remove it at the expense of the Farith, and dispose of the Vessel or mate- rials saved by public outcry, and the moneys, when received, shall be paid to the Receiver-General for the use of the parish, 23 V., c. 5, s. 10. Ballast, to. ftom If 3,ny person dig up or carry away any stones, sand or ballast from reofa ' any reef or breakwater by which any Harbour is protected, he shall forfeit not exceeding 4^20, or suffer imprisonment, with or without hard labor, not exceeding 30- days, 23 V., c. 5, s. 11. The f™"" lipuse to house, for the purpose of selling any goods, &c., (except as ex- foi which iioensed cepted) or opens an Occasional room or shop, and exposes for sale, by retail or otherwise, any goods or other articles of traffic, except &c.,in any town, parish, or place, other than that in which he usuallv resides, and so evades the payment of any public or parochial taxes, he snaU, on conviction before 2 Justices, forfeit not exceeding £6. sterling and costs, and in default of im- mediate payment, his goods shall be forfeited and sold at public outciy to defray the penalties and costs, 4V., c. 11, s. 6. Act not to prohibit any person from selling any bread, fresh-fish, milk, Eicoptions j.j.jjjj.^ vegetables or provisions, or to lunit the real workers or makers of any goods, or their children, apprentices or known agents, or servants usually residing vrith them, only, from carrying about or exposing to sale, and sell- ■ ing by retail or otherwise, any goods, &c., of their own makuig, 4 V., c. 11, s. 7. Provisions shall be taken to signify ground provision or vegetable roots. Interpretation o ^j, Q(^g,. vegetables, commonly known by the tei-m " Bread-kind," and not pickled, salted or preserved victuals, or any other articles of food im- Eorted ; but pickled, salted and preserved, or smoked victual, actually and ona fide manu&ctured in this island, may be sold, 6 V., c. 30. . Any person not having a License, travelling froin place to place, or from out license ° ^' house to house, for the purposes aforesaid, shall forfeit not exceeding £4 sterling, to be recovered before 2 Justices, and in default of immediate payment, the goods, &c., found in his possession, shall be levied upon, and sold at pubic outcry to pay the fine, 4 V., c. 11, s. 8. Any Constable or Peace Oflicer may seize and detain any Hawker, seiiuie of goode Pedlar or other person found travelling &om place to place or house to pedlar' house, and trading without a License, or who, being so found, refuses or neglects, on demand, to produce his License, and cariy him before a Justice, ■who shall examine into the facts, and upon proof that the person had.so traded, and upon demand had produced no License, may convict and sen- tence him to pay not exceeding £2 sterling, with costs, and in default of im- mediate payment, enforce the same, by warrant of distress of the goods, &'c., and sell a sufficient part to satisfy tlie penalty and costa at publia outcry for the use ot tha pai-ish, 4 V., o. II, a, 9. HIHftWAVB NOT MAIN aOAD^, If any pereon produce or shew any forged or coi!tvtBi>felt Weewia, he •hall, on oonviotion before 2 Juetioes, forfeit not exceeding £6 eteriing, for the use of the parish, or in default of immediate payment of the fine and coats, be committed with or without hard labour, not exceeding 30 days, 4 v., 0. 11, s. 10. In case any person lend or hire any License, or trade with, or under color of any License granted to any other perron, or ia which his real name has not been inserted as the person to whom it was granted, the of- fender shall forfeit not exceeding £6 sterling, to be reooverea in a summary manner,,with costs, as before directed, 4V., c. 11, s. 11. If any Constable or Peace Officer refuse or neglect to aid and aspist in the execution of this Act, he shall, on conviction, forfeit not exceeding £6 sterling, to be recovered and applied as before mentioned, 4 V., c. 11, s. 12. In cases where the penalty is recoverable before 2 Justices, one moiety shall be applied for the benefit of the parish, and the other to the informer, who shall be a competent witness. The penalty in case of non payment to be recovered as before provided, 4 V., c. 11, a. 13. Appeal, 4 V., c. 11, s. 14. All suits and prosecutions shall be commenced within 3 mouths, 4 v., c. 11, B. 15. No proceedings shall be quashed or appealed against for want of form. Licenses, Warrants, Wan-ants of Distress and Sale, and Convictions shall be in the forms annexed, or words to the like effect, 4 V., o. 11, s. 16. m fwfi Unniiiii Landing, ice, II oense Penalty on oon ■table, &o. not en forolngr act Application o f pansUIee Appeal Commencement of proceedlnga Want of form Form of License. Commleslonera How composed FORM OF LICENSE. Venue. — This is to certify that A B, of the parish of hath been this day duly licensed, as a fit and proper person to hawk and peddle in the parish of any goods, wares, merchandize or other articles of traffic for the space of one year from the date hereof or this License, being transferable to any other person. Given under our hands (sic) this day of To be signed by the Clerk of the Common Council or Vestry. Hig-hways not Main Roads. A Boai'd of " Commissioners of Highways and Bridges for the parish of " shall be established in each parish, with power by such name to sue and be sued, enter into deeds, contracts and agreements, which, when entered into by them and signed, or in the case of Deeds, signed and sealed by 3 Commissioners on behalf of any Board, shall be valid, 25 v., c. 18, s. 2. Such Board shall consist of the Gustos or senior acting resident Ma- gistrate, the resident Members of the Legislative Council, the Members of Assembly for the parish, 2 reudent Justices for each of the Districts named in Schedule A, or if there be none, such 2 Justices residing iu an adjoin- ing District, oi: if in any precinct there be no such resident Justices in the par- ticular parish, the Justice or Justices may be taken from any other parish of the precinct, and one resident Tax-Payer or a Householder, paying taxes annually, not less than [20 s., 27 V., S. 1, c. 26, s. 1] for each District, not a Justice, if none resident, then fi:om any other District nearest the one to be represented at the Board, to be annually elected by the Justices iu Spe- cial Sessions, except in Kingston, where the Board shall consist of the Cus- tos or senior acting resident Magistrate, the Mayor and 2 Justices for and resident in each District, and one Alderman and one Householder or Tax- Payer in each District, paying taxes as aforesaid, to be annually elected by the Justices in Special Sessions, 25 V., c. 18, s. 3. The Custos shall be the Chairman, and, in his absence, the senior Ma- gistrate present shall act as such, 25 V., c. 18, s. 4. , Each Board shall have the exclusive care, management, control and Powere superintendence of all Highways, Koads, Thoroughfiares, Streets, Lanes, Aqueducts and Bridges in the parish, except the roads transferred to the Main Bead Commissioners, 25 v., c. 18, s. 5. A Special Session shall be called by the Custos, or, in his absence, se- .Elecilya comraia nior resMent Magistrate, by .notice in the "Jamaica Gazette," at least 5 "<""" In Kln(a<«n Chairman Ings at Court House 844 HIGHWAYS KOT WAIN ROADS. dayfl before that of meeting, within 14 days after Ist February, and the Jus- tices BO aBBembled shall elect CommisBioners, whose names shall be entered in the Minute-Book kept by the Clerk of the Peace, and published in the , " Jamaica Gazette,'' 25 V., o. 18, b. 6. -S."??™."!^",^ ^0 Ifss than 5 Members shall constitute a Board for the transaction of business, except where the CommiBsioners exceed 18, and then not less than 7, and where they do not exceed 9, 3 shall eufflce. The Commissioners shall hold their meetings at the Conrt-House, 25 V., c. 18, s. 7. Qunrteriy and The Commissioners shall meet once in each quarter on the third Wed- ipeoiai meetings nesday in January, April, July and October, or other convenient day in the same week ; but every Quarterly Meeting on any other day shall be con- vened as a Special Meeting, so that if no Quarterfy Meeting is convened for ^ny other day, it shall take place on the third Wednesday, without spe- cial notice. Special Meetings shall be convened by the Chairman, or, in bis absence or refusal, by any 3 Commissionere, whereof 5 days^ notice in writing shall be given to each Commissioner by their Clerk, specifying the day and hour, 25 V., c. 18, a. 8. Clerk solary The Commissioners at a Special Meeting shall appoint the Clerk to their Board, with power to remove him. Salary not exceedmg £30 per annum, by quarterly or monthly payments, on warrant of the Governor, 25 v., c. 18, 8. 9. ordera for pay- All Orders for payment of accounts for expenditm'e shall be signed by mentofacoonnta the Chairman and 4 Commissioners, where the Board is constituted by 7 or 5, and by 2, in addition to the Chairman, where constituted by 3, and coun- tersigned by the Clerk, 25 V., c. 18, s. 10. Vacancies In case of death, absence from the island exceeding 3 calendar months, or removal from the parish, or resignation of any Commissioner, the vacancy shall be filled up witn all convenient speed, but no elecdon shall be made by the Justices in Special Session unless notice is published in the " Gazette by Authority," at least 7 days before the meeting. If any va- cancy is occasioned by the appointment of a Commissioner to be Custos, or any Commissioner becoming Senior resident Magistrate, a new election shall be made in his room, 25 V., c. 18, s. 11. Duty of the Commissioners : Duties of commis 1. To cause Eoads intended to be used as Highways, which have been laid ''itecora in Clerk °"*' ''°* ^°^ Completed or described, or have been generally used of the Peace's office for 20 years but not recorded, to be fully ascertained, described, and ofhiBhways entered of record in the office of the Clerk of- the Peace in so far as not already done. Boaa districts 2. To divide their parish into Eoad Districts, corresponding in extent with the Districts Schedule A. offoad"°toii'e°'Bub' ^' To prepare and submit annually to the Executive Committee, to be laid mitted tottie^ie'gia. oefore the Legislative Couucil and Assembly, retui-ns of Beads, clas- loo'™ sifying them" into Carriage Eoads of the first class ; ditto of the second class ; Bridle Eoads of the first class ; ditto of the second class ; the number of miles of which each Eoad consists, and its termini ; tie total expenditure laid out on each during the year, their state and condition at the date of return ; whether repairable under con- tract or not, if so, the particulars and duration of the contract, and probable amount of expenditure for the ensuing year ; also statements of alterations, new Eoads and Bridges constructed during the year and the expenditure incurred in consequence; also of further altera- tions recommended of existing Eoads and Bridges, and new Eoads and Bridges required, and probable expenses beyond the probable expenditure, to Jceep the present Koads and Bridges in repair : such Eeturns to be made up to the 30th September preceding ; and such fur- ther returns as the Executive Committe may require. fiiadl'"''°o"dri°! 4. To allot, at the time and in proportions to be ascertained as directed (s. 13), and where required, after taking evidence as provided (6. 14), the sums appropriated to be expended in repairs and alterations of existing Roads, and' in the formation of new Roads, and in the con- struction and repair of Bridges and Water-courses, after reserving not less than £20 per cent, per quarter on the amount allotted, to meet Clerk's salary, unforseen expenses, and for repairs of unforseen inju- ries by extraordinary floods and accidents. ., piailWAYS MOT MAIN ROADS. 845 5. To cause and authorize the survey of new Beads, and give direotioas for -J"'"'''' £!£?,'!?,' repairing Roads, Streets, Bridges, Highways and W ater-conrees, and tion'mstaifing for the immediate removal ot nuisances, and the proseoution of of- fences, and to direct that all metalled portions of the Eoad shall not exceed 16 feet in width in great thoronghfaree, nor be less than 10 feet in any case. 6. To inspect and audit all accounts for expenditure, and pass the necessary aotoratu ""'' """' orders, to he signed and countersigned as directed (s. 10), for payment Also way war hy the Receiver-General, and at least ouce in each quarter to in- aon's aooouuts spect and audit the accounts of the Waywardens, 25 V., c. 18, s. 12. The residue of the moneys to he paid to the Receiver-General for Li- Bead funds censes [on Drays, Carts, Water-Carts, Wains, Wagons, Spring-Carts, and Hackney or-other Carriages, and in respect of Carriages, Horses and Asses, after dedncting jt'20 per cent, for Main Eoads, s. 32] raised in each parish, shall be applied and appropriated to the repair and improvement of the roads, under the management and superintendence of the Commissioners of each parish, and be carried to the credit of a separate account by the Re- ceiver-General with them, 25 V., c. 12, s. 33. The Main Eoad Revenue arising from Road, Stock, Carte and Wheels sJ^mr'n^mffn' in any parish possessing no Main Eoad, shall be expended on the improve- road ment of the chief Carnage Roads and Bridges of such parish as its Com- missioners of Highways, &c. shall determine, 25 V., c. 12, s. 10. The Commissioners at their first Quarterly Meeting in January, shall fix j„*,Jary"to"alp8r a per centa^e for each District, by which the appropriation within the year oentago of appro - shall be made for the repairs, maintenance or formation, or construction of Pr'"'.'"" '"' °°* Roads and Bridges, sutli per centage to be fixed with reference to the '"*'''°' mileages, traffic, existinji: site of repair, and other circumstances or re- quirements, exigencies or cli'ras of the localities where new Roads or Bridges are requured, upon evidence to be taken where required as after provided (s. 14), or otherwise upon the best infoinnatiou the Cbmmisssionera can obtain, 25 V., c. 18, s. 13. If two or more Householders or Tax-Payers to the annual value of £2 ,„kJ"Sreflxin| each, require, by written notice to the Clerk, at or before the January per centage on re- Quarterly Meetmg, of which requisition, and the names of the persons luisition making it, a minute shall be made by the Clerk, the Commissioners shall, before fixing the per centage, take evidence of any persons who appear be- fore them, on oath or otherwise, which oath the Chaii'man may administer, touching the state of any of the Roads, such evidence to be taken down in writing oy the Clerk, and upon such evidence, where it has been required, or otherwise upon the best information they can obtain, the Commissioners shall fix the per centage, 25 V., c. 18, s. 14. The Collector of Dues, within 5 days after each quarter, shall make '^"oJnl'c"'''"'' return to the Commissioners of the sums, under the respective heads of nSS of remittances Taxes and Duties, collected and transmitted to the Receiver-General during to the Keooiver- the quarter expired, applicable to Eoad purposes, which the Clerk shall lay pi?pj°es '" ' befors them at their fii-st Quarterly Meeting after receipt, 25 V., c. 18, e. 15.' The Receiver-General, at the commencement of each quarter, shall com qua5teriT°commu' municate to the Clerk the sum the Commissioners will be entitled to expend Sicatioos of itoma and draw for the preceding,' qnarter for Eoad purposes, not being more than i " '"""'^ '<" i""'"" of the annual revenue of the parish tor Parochial Eoads (see s. 12) 25 V., '"'"•'"^" c. 18, s. 16. Also accounts, either by statement or pass-book, shewing payments and jo'^'paymenu"''''" receipts during each quarter, stating the names of parties in whose favour orders are drawn, and the amounts, 21 V., c. 4, s. 23. The Governor, with the advice of the Executive Committee, may ordfiS dama|e"" sanction the Commissioners to draw to the extent, if necessary, of the whole sum at their credit, (see s. 13} payable |on the Governor's warrant to their order, for repairing extraordinary damage, 25 V., c. 18, s. 17. The Eeceiver-Gencral shall annually make up and furnish to the Executive Keeoiver General's Committee, for the Legislative Council and Assembly, a statement, to 10th Oc- feature"""' ^"^ tober, of the amounts allotted, and of the orders ofthe Commissioners paid by' him for Eoad pm'poses in ea«h parish, and the balances applicable to their orders, 25 V. c. 18, s. 18. The Commissioners may enter into contracts for repairing and keep- „.9?"'''J°'' t"' /'" 'It T» 1 t* • 1 ,. ,. ^ paiit of roads. &c. ing in repair for one or more years, any Itoads or Bridges, or portions thereof ; limits of outlay 840 HiaawAYB not »aih boaob. the meneyi payable in any ene year under contrafits not te eseeed the mm aJloted to the Boads, See. The enbieet of contract and the repaira ehall be tub- jeot to the inspection and approval of the Way-Wardene and Commissioners. The Commisioners shall not lay out nor direct the expenditure of a larger sum, in the whole, in any one year, than has been appropriated, 25 v., c. 18, s. 19. The Commissioners shall cause mile-marks of stone, wood or iron to be erected on such roads as they think proper, at a distance of one mile from each other, with legible inscriptions ; and also guide-posts at the intersec- tions of such Koads as they thmk proper, and guide-j)0Bts in watercourses to shew the height of water therein ; and keep in repair all such as have been erected, 25 V., c 18, s. 20. And shall also appoint as many Way-Wardens as they deem necessary in each District, who shall perform the duties hereby imposed. Every Way- Warden shall be resident near, and interested in the condition of the Itoad for which he is appointed, and removable for neglect of duty, 25 V., c. 18, s. 21. Duty of Way- Wardens : — To superintend the repairing of the Highways, Streets and Bridges within the district, and the performance of ail works ordered by the Com- missioners T to disburse moneys furnished by the Commissioners, and cause the removal of nnisances. 2. To prepare, or cause to be prepared, plans of Eoads and estimates required by the Commissioners. 3. To see that the Mile-marks and Guide-posts are kept up in good order, and the Guide-posts in the Water-com-ses properly marked. 4. To attend all Quarterly Meetings and other meetings when required, and take instructions relating to Beads. 5. To give immediate notice to the Clerk, of all encroachments, nuisances and infringments of this Act. 6. To prepare and submit his accounts and vouchers once at least in each quarter, and whenever required, 25 V., c. 18, s. 22. Any 6 Freeholders may apply to the Commissioners to alter or dis- continue, or to lay out a new Koad, in writing, signed by the applicants, accompanied by a plan, 25 V., c. 18, b. 23. Before the Commissioners come to any determination on any applica- tion, they shall cause? days' notice, in writing, to be given to the occu- pants and owners of the land through which the proposed alterations or new Eoad are to pass, as also to those through whose lands any Bead then runs, of the time and place of meeting to decide thereon, at the expense of the applicants, 25 V. c, 18, s. 24. They shall meet at the time specified, and at such meeting, or an ad- journment, hear reasons for or against the application, and, if they deter- mine to entertain it, either wholly or in part, make out and subscribe a certificate of their determination, to be deposited with the Clerk of the Peace, containmg or accompanied by a plan of the Boad and intended al- terations, or of the Boad to be disoontmued, or the new Eoad, furnished by. the applicants, copies of which the Clerk of the Peace shall exhibit on the Court-House door, for at least 21 days before that appointed for the meeting of the Jury, 25 V., c. 18, s. 25. Any Justice who, as a Commissioner, signs the certificate, may issue his warrant to a Policeman or Constable to summon 13 Freeholders or House- holders of the neighbourhood paying taxes to the extent of 20s. annually, whether of the same or of any adjoining parish, able to read and write, not being interested in the lands tlu'Ou^ which the Eoad proposed then runs, or through which it is proposed the alterations shall be made, or any proposed new Eoad would run, to attend at a place and time to be mentioned, at least 21 day s after that on which a copy oi the certificate has been ex- hibited, 25 v., c. 18, s. 26. Jury of 7 to In If 7 appear, they shall be sworn, by any Justice then present, to exa- 'wofn mine the proposed alterations or new Boad, or Boad to be discontinued, and ascertain whether such alterations or new Eoad are necessary or expedient and useful as a Eoad of public, or as a Boad of private communication, or whether it will be expedient and useful to discontinue such Boad, and in the Mile Mirki Guide Posts Waywardens Superintendence, disbursements and removal of nulsan- Plans mates Mile Marks Guide Posts Attend meetings Notice of en orochmenta, &c. Accounts and Vouchers Alteriner or dis- continuinB roads, laying out new roads Notices to oTmera &c. of lands Meeting Certiacate and plan to be exhibited Jury to be sum- moned HIGHWAYS NOT MAIN ROADS. 247 'Agreotnents rus- pectlng damaged Agreement on aa- s e 8 a men,ts. Ab- Boiice, &c. of owner case of a new Boad, or of alteration, if it appears to them to be so, after they have gone over and inspected the same, that they will, according to the best of their skill and judgment, assess the damages to he sustained by the making or alterations of such Road, and determme the several matters aecording to ec|_nity and good conscience, ■without undae bias, partiaUty or fevor. The decision of the Jury or a majority shall be received and certified by the Justice to the Commissioners, (see s. 29.) If 7 Fine on absent ju- do not appear, the Justice shall fine each absent Juror, not less than 208., nor ''°" more than 40s, unless satisfactory reasons are given for such absence to be recovered as iifter mentioned, (s. 90) 25 V., c. 18, s. 27. In case any such Jury cannot be formed, from non attendance or other Furihev juries cause, another warrant may be issued, and another day fixed, and so on until a Jury is formed. The 'Clerk of the Peace shall put up and exhibit on the Court-House door, at least 7 days' notice of the day appointed for such further meeting, 25 V., c. 18, s. 28. The 7 who appear and are sworn shall examine the route of such ""'y »' jurors on Highway, and, if satisfied, find by their verdict that the alteration of any '"^'"B' existing Koad is necessary and proper, or the new Road is necessary and proper, or that such Road ought to be discontinued, and assess the damages . to be sustained by the making or altering of any Road, and make and sub- scribe a certificate to such efieot, to be also subscribed by the Justice, and dehvered to the Commissioners, 25 V., c. 18, s. 29. _ The Commissioners and owners and occupiers of the land through which any new Road or alteration passes, may agree upon the amount of damages, and for a release of all claim to damage, and the Jury shall not be sworn to assess , nor shallassess any damages, the subject of agreement. No new Boad or alteration shall be opened, or worked, or used until the damages have been paid or tendered, except with the sanction of the owner of the soil. The agreement and release shall be filed and recorded in the office of the Clerk of the Peace, and the same, or assessment of damages shall precluda owners or occupiers from further claim to damages. In case of the absence of the owner or his representative, or where the owner is not known, the damages shall be paid to the Receiver-General, and kept by him without interest until claimed by the paa-ty entitled, 25 V., c. 18, s. 30. When any person is the owner of any land over which a new Road or alteration is made, and also of the soil of any portions of the Road proposed to be altered or discontinued, in whole or in part, the Jury who assess the damages shall take into consideration the value of the Road, or part to he abandoned, to the owner, and the benefit to result to him therefi-om, and de- duct the same from the damages which otherwise would have been assessed ; and the owner of the land so abandoned may enclose it, 25 V., c. 18, s. 31. All damages fixed by agreement, or awai'ded, shall be paid out of the funds to be allotted and appropriated for the Highways. Nothing herein shall authorize the commencement of the alteration of any Road, or me laying out of any new Road, or the expenditure of any money therefor, or for payment of any damages, until funds have been appropriated for the purpose by the . Legislature, 25 V. e. 18, s. 32. If the Commissioners of any adjoining parisli, before a Jury is impanel- ob)eotion«of oom- led, give notice, in writing, to the Commissioners of the parish in which jSjiiJS'SJ,'i,J' "^ proceedings are pending for altei'ation, laying out of a new Road, or disconti- nuance, that the same will prejudicially affect the Roads of such adjoining parish, they shall not be further proceeded with until the Commissioners of the adjoining parish consent to the continuance of the pending proceedings ; and in the event of their not doing so, the Executive Committee, on reference to fiem, shall decide whether the proposed alteration or new Road, or discon- tinuance, shall take place, 25 V. c. 18, s. 33. When application is made to the Commissioners for any Private Road and Applio»tion« for they are of opinion it is reasonable, the same mode of proceeding shall be '' ° '°° ' adopted as ui tlie case of a public Highway, but the damages awarded, and the expenses of the Road and its maintenance shall be paid by the applicant, 25 v., 0. 18, s. 34. Every Private Road when laid out, shall be for the use of the applicant, T'Ith'o roads heirs and assigns, but not converted to any other use ; and the applicant thaU b« sompeutd to keeif up iftopuS Utuat »tt saoh aida, iiS V., d. %S», 36, Matters to be con- Bidored on aisess- ment of damagei Funds oufc o£ whioh d a m a gea payable. No expen- diture until funds are appropilated by the legislaturei lea B. 40, par. 9 248 HIGHWAYS NOT MAIN EOADS. Appoala Persons conceiving themselves aggrieved by any refusal or determina- tion to entertain any application, or th& finding of tlie Jury, may, within 60 days after the refusal or finding, appeal to the Circuit Court ; but an Ap- peal by one person, and a decision thereon shall not conclude any other per- son who appeals within the limited time, and has not been heard, 25 V., c. 18, s. 36. mStt? "SiS" ^° appeal shall be heard until after the time limited, nor shall the Judge ced after hoaiiog of the Circuit Court pronounce any Judgment until he has heard.all pending an appeals appeals ; and after hearing all such appeals, the Judge shall pronounce one Judgment embracing the whole subject, 25 v., c. 18, 8. 37. no«°e"na'se°r?icB°'' Such appeal shall be in the form of a-petition to the Appellate Judge, signed by tne Appellant, or his agent, and briefly state the grounds on which made, and whether brought to reverse the determination entirely, or only apart, and what part. Notice of appeal, and of the time when it would be heard, shall be given to the. Commissioners, and at least one of the persons who opposed the same before them, .when the determination appealed from was against an application sanctioned by -the Commissioners, or if an' appeal from their determination, and a finding of the Jury thereon, then notice shall be also given to one or more of the applicants. Notice shall be served, at least 30 days before the day appointed for the hearing, on one of the Com- missioners, either personally, or by leaving the same at his dwelling-house ; and the service on any applicant shall be in like manner, 25 V., c- 18, s. 38. Witneasea ; afl- The Appellate Judge shall have power to compel the attendance of wit- jouTMnents, judg- nesses, and examine them upon oath or aflirmation, and to adjourn the hear- ™™ ing.. His decision shall be reduced to writing, and signed, and conclueive, and be recorded in the Clerk of the Peace's office, 25 Y.j c. 18, s. 39. ba^ntoreS'^upon When the dcterniinatiou of the Commissioners to alter an existing Road and roada opened, Or lay out anew lioad, and the finding of the Jury is confirmed on appeal, ■ee 8. 3S or the time for appealing is expired without an appeal, and it has received the sanction of the Legislature, by the gi'ant of moneys to carry out and complete same, thev may give to the owner or occupant of any enclosed, cul- tivated or improved lands throngh w^hich the intended alieriitions or new Road will pass, 90 days notice, in writing, of their intention to oi)en and vrork the Eoad, to enable him to remove his fences and erect such new fences as he tliinkfe necei'sary ; but shall not commence to open or work such alterations or new Road, until the expiration of the notice, without their consent, nor until the damages awarded by the Jury have been paid or tendered, and have received the sanction of the Leyisfature. Penalty £50, upon each Com- missioner who assents to the opening or worlting of any such altei-ation or renewed Uo:id, to be recovered in lai iicLioii of debt by eachperson aggrieved. Not to subject any Commissioner to any penalty for any temporary alteiatiou or deviations lendeied necessary in consequence of any temporary injury or accident to any Highway, 25 V., c. 18, s. 40. Clerk of the The Clerk of the Peace shall be paid by the applicant for laying out. Peace s fees. altering, Or discontinuing any Road : To drawing out the necessary proceedings, and attending the Jui-y £1 1 Each mile he is required to travel, to be reckoned from Court House, 010 Recording all proceedings, for every 1-CO words 10 Attested copy of the proceedings to be recorded in any other parish, or for any other purpose, for every 160 words 10 , ,, No other fees shall be demanded or received by him, except in cases of appeal, when he shall be entitled to the like fees as are payable in cases 01 appeal from summary adjudications of Justices, 25 V., c. 18, s. 41. Abandoned high Every public Highway already or to be laid out, but not opened and vSe°'Borsons''eon- 'Worked, at the public or parochial expense, within 10 years from the time tinning to repair of being laid out, and not opened and worked by infeans of funds autho- •"""J rized by the Legislature within the like period, shall cease to be a Eoad for any purpose, unless worked and kept in repair by any private person using such Road, in which ca^e such person, his heirs and assigns, continuing to repair the same, shall 6e entitled to continue the use of the same, 1 y him- self, his servants, carriages, and horses, and stock, 25 V., c. 18, s. 42. Publio highways All public Highways now in use, of which a record has been made in the office of the Clerk of the Peace, shall be deemed public Highways, and only to be altered or discontinued by proceedings under this Act, unless not- Worked fov th6 period before mentioned, 2S 'V'., e. X8, a. 43. HIGHWAYS NOT MAIN ROADS. 249 On application of 6 Freeboldera, in writing, to any Justice, stating they Auiiwrity to an- intend to lay the phm of a new Eoad, or alterations and improvements of muiio piang" " "* any Road, before the Commissioners, he shall granta warrant to authorize the person employed by them to enter upon all lands and properties, to take the levels, and make the necessary traverses and surveys, to enable him to make the plans and sections of the new Road or alterations. Any person obstructing such survey, shidl be liable to fine not exceeding £5, on convic- tion before 2 Justices, 25 V., Cf 18, s. 44. The Commissioners, when about to alter or repiur any Eoad or Bridge Serviui of Caun- may apply to the Governor and Executive Committee for authority to re- 'J' EnBinoer c^nire tlie services of the Civil Engineer of the County, who, on the autho- rity being obtained, shall prepare and finish such plans, specifications and estimates, and give such supervision and examination, and in all respects perform such duties, in respect of such Roads and Bridges, as are required in respect of Main Roads, 25 V., c. 18, s. 46. The width of all public Carriage Roads made or to be laid out by the width of oar- Commissioners, shall be, if practicable, 24 feet, when made through open ''"*" ""^' ground, 60 feet through standing wood, 40 feet when the wood is only on one side ; and no private Road shall be more than 40 feet wide, 25 v., c. 18, s. 49. All Streets to beJaid out in any Town shall be not less than 40 feet wide Of sireois, imoi and Lanes not less than 20 feet wide, 25 V., c. 18, a. 50. The Commissioners may order the Way-wardens to open all Carriage Enisrgomont of Roads to the width before mentioned, which shall have been used ae pubEc iiigrhwayi to such Highways for 20 years, 25 V., c. 18, s. 51. widtha When a Highway has been encroached upon by fences, the Commission- Enoroaohmon t >, ers may order such to be removed, so that the highway may be of the »«« '• <*' breadth before enacted, at the cost of the party who made the encroachment, or of any person claiming under him, giving notice, in writing, to the party. &e., to remove such fences forthwiui, such notice to specify the legal breadth of the Road, the extent of the encroachment, and the plaees where it exists, 25 V., c. 18, b. 52. If the party, &c., dp not remove it within 14 days after senrice of no- penalty for uoa- tice, he shall forfeit 5b. for every day after the expiration of the notice dur- 'amovai ing which the fences continue unremoved, or until removed by the Commis- noners, besides the expense of removal, to be recovered, as penalties imposed by this Act, 25 V., c. 18, s. 53. Any tree falling into any Highway, so as to cause obstruction thereon, Bemovai of fallen shall be removed by the owner or occupier of the land from which it fell 'J™'', p'"''"!: oh- within 24 hours after notice to remove ; if he neglect, any Way-warden or „"y °" ' Commissioner may cause it to be removed at his expense , and he shall be liable to a penalty of 58. for every day after the expiration of the notice, during which it remains unremoved ; such penalty and expenses to be re- overed as other penalties. Any person wilfully placing any tree or other obstruction on any Highway, shall be liable to a penalty not exceeding £5, 25 v., c. 18, B. 54 Catting down any tree on land not oeonpied by the person, so as to" Fainne tre«« into fell into any Highway, river or stream, unless by order or consent Of the highways, &c. by owner or occupier: Penalty, not exceeding £5 nor less than £1, 25 V., pe"oiis not ooou- c. 18, 8. 55. """' ' Cutting, or causing to be ant down any tree so as to fall into any river, stream or watercourse, or obstract any Road or fording, or divert the river rive", af. "" course, so as to encroach upon or injure or tend to iiijnre any public High- way or Bridge, and not removing the same within Sj hours after notice : Penalty not exceeding £5, 25 v., c. 18, s. 5fi. The owner or occupier, or his agent, attorney or overseer, of the land i,„.-[„. ,eno ■ next adjoining to any Road or Bridge, shall cut, prune or lop the fences, and se.'adjoining " ° ' also the branches of trees, bushes or shrubs, growing in or near such fences, (the same not being in any garden or orchard, walk or avenue, to any house, nor an ornament or shelter to a house, unless it hang over the Road or Bridgfe, so as to impede or annoy any carriage or pei'son travelling thereon) in snob manner that it be not prejudiced by the sliade, nor the Sim and wind excluded to its damage, or if he neglect to do bo within 14 days after notice, in writing, by any Commissioner, Way-warden or other person, authorized for the time, the Way-warden or other person shall cause the same to be cut, pruned or lopped, and the owner or occupier, H H XwId^uK gftUf Wrniton to bridge! Srftlna, materials far repairs from 250 aiGHWAYS NOT >Akm SOAbg". agent, &.C., shall pay tlie expenfses, and in default, they may bo reooVereJj with costs, if any, as any penalty ; nottto apply to roads passing through nufeiiced runs ot woodland, 26 V., c. 18, e. 57. No swinging or other gates shall be allow^ed on any public Highway laid out since 28 t'ebrnaiy, 185'!, or to be laid out, unless a 'written permission to erect them has been previously obtained from the Commissioners. Not to g^ve or recogniz* any right to erect any such gates, or to interfere with any rights now enjoyed or possessed by any parties who have erected or have the right to erect gates on roads running through their lands. The Commis- , sioners are not autliorized to grant permission to erect any gate across ant Post-ioad, 25 V., c. 18, s. 58. Wantonly injuring any Bridge being an Highway i Penalty, not 'ex- ceeding £(30 nor less than £20, or imprisonment with or without hard la- bour, not exceeding 90 days, nor less than 30, 25 V., c, 18, b. 59. The Way-wardens or persons employed in conducting, and superintend- waste land! or ft-om ing the repairs of anyEoad, Street or IJri'dge or private Road, annually re- oDcioied tc„ londe paired at private expense, and kept open for the use of the public, may cut drains on lands adjoining, to carry off the water collected, and dig and carry away any gravel-stone, sand or other materials, ortt of any savannah, unenolosed or open land, river or gully, being, waste land in or near tSiereto, proper for draining, repairing or amending the same, without pay- ing auytluiig therefor ; they levelling, or causing to be levelled all holes and pits where materials are dug and carried away, and, where snfiicieDt materials cannot be conveniently obtained from any savannah, waste anti unenclosed or open land, rivers or gullies in the neighboorhood, may, by ■order of the Commissioners, cut drains, and dig and carry jiway any mate- rials out of the grounds or enclosures of any person, (not being the ground whereon any house stands, garden or yard, plantsd walk or avenue to any house, or any parcel of provision ground) wherein such drain is necessary for keeping the Road in good order, or wherein such materials are to be found, and carry away so much as the Way -wardens, or persons so employed, judge requisite, paying such rales for materials and damage as the Commia*. ■fiioners judge reasonable. Persons molesting, hindering or obstructing the Way- wardens, or any person so employed, or the persons under their com- mand, in cutting anv drains, or in digging or carrying away materials, shallforfeit not exceeding £10, 25 V., o. 18, s.-60. TakioKiTreTma- Any pei'son, without theconsentof the Way-.-ward'ens or Commissioner* teiisii for repairi, taking away any materials purchased or gathered for the repair or use ot • *•■ any Road, fee, or any materials out of any quarry or pit, without their permission, shall forfeit not exceeding £10. Not to preTfent any person in. possession of the land on which the quarry or pit is, from digging and re- moving materials for bis own use, 25 V., c. 18, s. 61. Kany eorpoi'ation. Society, or Company for supplying any City, Town,, or other place with water, dig, or csiuie to be dug in any Road, &c., any trenches or holes for laying down or repairing any water-pipe or plug, or tiling connected therewith, and keep, or cause, or permit to b& kept open, longer than reasonably requisite, or cover over or till up, or cause or per- mit it to be covered over or filled up in an imperfect manner, or occasion and suffer, oi' permit any damage thereto by reason ot the imperfect state or ■want of repairs of any such pipe, &o., such Corporation, &c., shall forfeit not more than £20 nor less than £5, over and above the expenses in their lepair, 25 V., c. 18, s. 62. Penalty not exceeding £10 for any of the following offences ; — 1. Removing, destroying, injuring or defacing any Mile-mark.. 2. Injuring or defacing anv description affixed to any Guide-post, or des- troying or injuring sucli Guide-post, or any Guide-post in any water couree. 3. Injuring any Iligjiway, by obstructing or diverting any Creek, Water' course or sluice, or by drawing logs stones, or things of weight, on the- surface of any Road or Bridge, otherwise than upon wheel carriages. 4. Obstructing any Highway, or fdling up or placing aay obstruction in any Water-eourse or ditch constructed for passing water across or under, or- for draining the water from any Highway. 5. Elding, driving., leading, or drawing any animal or vehicle upon any footi"ith or causeway, for the use or accommodation of foot passengers, or wiJluUj- doing or causing any injury to be done to the same. DemeE^es b^ Wa- ter Coaipaniaa Mllemarfte Gnldo Foite Obstructing wa itv oour: e I. di-ag- l lug logs, &c. tiltistnictlng high, r, ny or druliia nidlna-, fcot pattia t HIGHWAYS NOT MAIN ROADS. S5i 6. Using" any drag, joggle, or other instrument, for retarding the dcseent of Dt«»« and Jog- any wheel carnage down any hill, iu aaoh manner a3 niuieceasarily and »'*" wilfully to destroy or injure the surface of any Highway. 7. Upon any Highway or aide, killing, slaughfjeriag, burning, dressing or Kiiiiug, Ao. mt cutlingupauy beast, swine, calf, lamhor other cattle, except horned stock "■ °° injured in the can iage of produce, or otherwise, whicn iu such case may be slanghtered and removed. 8. Depositingany dead carcase or any rubbish, on any Road or place adjacent c«ro«n«», ruhbi.n thereto, to tlie annoyance of persons using snch road; or in towns, de- positing the same iu any other place than appointed, by the Commis- aioners or other competent authority, 25 V., c. IS, s. 63. Any person depositing any dead carcase, offal or night soil, in any tf 'b^'Jj'Jrbttml ilaee appointed by the Commissioners or other competent authority, for the ' leposit of dirt and rubbish, shall effectaally bury or uuru the same under a alike penalty,27 V. S. 1, c. 26, s. 2. 9. Leaving any wagon or other wheel carriage upon any Street or High- ta>iving oarriicaa ■way, ur on the side thereof, wiLliout a person in the custody or care lu 'treBt*, ic. thereof, longer than necessai'y to load or unload, except in cases of accident, oi- in cases of accident longer than necessary to remove same, or not placing same, with or without beasts of draught har- nessed or yoked thereto, during the time of loadinij or unloading, as netr to one side of the street or Highwaj' as possible. 10^ Making any hedge or other fence at the side of . any Street or Highway Fencei encronoti- so as to reduce the breadth below the prescribed limit. '"^ on, too «.«M 11. Depositing any loose earthsand, brick or rubbish against any wall ores- Dopo-iti of oartii. oavation ior a foundation-wall, orfence, piazza, orT)ridge, in. any Street,. *'"■■ iiui<«hc ns. fifth year of the reign of Queen Victoria, chapter 18, I, A. B., of jj,™«,s° «,!»""'* &c., one of the Way-wardens of the dis- trict of the parish of do hereby give you notice forth- with to (stating the nuisance complaiijed of, and re- quiring its removal), on a certain part of the Queen's Highway, lying oetween and , in the said district and parish, to the obstruction and annoyance of tlie said Highway. Dated this day of To C. D., of A. B., Way-warden, f^ummons to Btiow At a meeting, &c. «"■'"» -"^j Vfny- Whereas it has been represented to ua, that there are not anffiolent »«,? toViffor m» gravel, stone, sand or other materials to be conveniently obtained toi-ittu upon cucion- jrom any savannah, waste, or unenclosed or open land, rivers, or ""i'"?'''. ', «> 254 iriGHWAYS NOT MJiIS ROADIS. guHiftfl, in Lhe utiiLrhbourliood of (tlie Roud, Street, or Britlge, ut1i9 caSB nia^' be,, desmbin,!? sunje.) iii the diBtriot of tli» Buid parish, but that such ina!erial» may be conveniently obtuiiied from grounds aud enclosures In your occupHtion, (called and known by the nan, e of aud , or otherwjso, describing the pame, not bein^ the grouudwhei-eon any Jiouse stands Of liny garden, yard, planted walk or avenue to any house, or auy paicel of provision ground) : We do hereby give you notice to appear before the .said Commissioners at the Court-House in th^ said parish, be i. ween the hours of , and of the noou of life dsiy of . , to shew cause why we should not moke our order,' authorizing and empowering the Way -wardens of the said district, or other persons employed in conducting and superintending the repairs of snch Road, Street or Bridge, as tlie case may be, lUny or either of tljeui, to dig and to carry away any gravel, stone, saud, or other materials out of the said grounds or enclosures in your odcupation, (not being the ground whereon any house stands; gardeh or yard, planted walk or avenue to any house, or any parcel of provision ground), whereon any such materials^shall he found, and. from time to time, to carry so niuch thereof as they, any or either of them shall judge requisite for keeping in rei^air, and amendingt- suoh (Road, Street or JBiidge), paying suclJrates for such mate^als, aud the damage'done to the owners and occupiers respectively of* the grounds where and whence the same shall be dug and carried av?ay, as the Commissioners for the time being shall judge rea- Bonaole. ^ Given imder our bands on behalf of the said Commissioners, the day and year first above written. (Three Commissioners.^ To A. B., of &c. At a meeting, &c Order aIlt^orl7- Whereas A. B., of &c. having been duly summoned to appear before hjfr tboir takiDi US to shew cause why we should riot make the order lieiein con- aadWriaiB, i. 60 tained, and having appeared before us accordingly, (" or having sent his steward or agent,' " or " C. D. *on his behalf, to attend us on that occasion," or " but not having appeared," or " E. IT., the owner of the lands hereinafier mencioued having appeared," or " having sent his steward or agent," or " G. H., on his behalf to attend us on that occasion") we have heard what has been al- leged, and taken the matter ir to consideration, and are of opinion, and therefore hereby order, authorize and empower the Way- wardens of the , district of the said parish for the lime being, and other the persons employed or to be employed in con- ductmg and superintending the repairs of( "' Koad, Street or Bridge, as the case may be, describing the same) any or either of them, to dig and to carry away any gravel, stone, sand or other materials out of the grounds or enclbsures in the occupa- tion ot the said A. B., called and or other- wise describing the same), (not being the ground whereon auy bouse stands, garden or yard, planted walk or avenue to any house, or any parcel of provision ground, whereon any such mate- rials thall be found, and from time to time to carry so much thereof, as they, any or either of them shall judge reijiusite for keeping in repair and auiendiug such Road, Strtset or Bridge) pay- ing such rates for such matcriars, and for the damage done to the ^ owners and occupiers respectively of the grounds where and * whence the same shall be dug and carried away, as the Commis- sioners for the time being shall judge reasonable. Given under our hands on behalf of the said Commissioners, the day and year first above written. (Three Commissioners.) AtoUtion of Tooit Tolls abolished on and after Ist Ootober, 1863, and the CommiBsionern of the reBpeotivo Boards directed to sell the toll-houses and lands attached HOOS A54D GOATS. 25S thereto, and apply tie pvoeeeds to Hie credit of the Hoard to -.vhidj t!ev ba- longed, the Bignntm-e und seal to any title deed Hnd acknowltd{;;cii.em of tlia receipt of the purchiiBe money, by "the Secretary of uuv Board, Biiflitieiit to Test in the purchaser li valid title, ^6 V., S. 2, c. 8. i The Governor and Executive Committee wcie authorized to approprinto /,„„f .orimj,, ,f ont of the loan of £27,000 to be raised tinder this Act, to the afconnt of the itaio." " Parochial Roads Loan," not exceeding in the whole £5000, in such euma 88 the Executive Committee mifiht direct, of which not exceeding £2000 eliould be appropriated for repairs of Parochial Koads, not beiiig Main Roads, damaged by the floods in November 1863, and not exceeding £3000 for the formatioif of new, and re-construction of other Parochial Roads, not • Main Roads as next mentioned, 27 V., 8. l,c. 24 b, 5. And not in any other manner or for aiiy other purpose, 27 V., S. 1 , B. 2-1, n 63 The Executive Committee shall fix and determine the allotments of the ko«,i, to nuian £5000 on account of Parochial Roada, hi sncli amounts or appropriations as 1° ''« "luiuJ may seem'advisable, upon consideration of the representations already or to be made bjs the Local ]3oarde of Hit,'hwnys and Hrid^es, as to the damages occasioned by recent, iloods'aml as to the ueee^sity of asftiatance being given in forming new, or reconstructing existing Roads extensively used for punjosos of traffic, 27 V. S. 1 , c. i4, s, 7. ''Detailed acconnts of the expenditui'e of the lean monies to be laid be- Account, to *• fore the Assembly. 27 V., S. 1, c. 21, s. 8. i=ia bcfor. th. ai- « '. " ' ^ J Betnbly. The Governor and lixeculi've Committee were authorized to use out of Purthor oiiomunt the Treasury not exceeding £3000, for damages occasioned liy the May floods, »f xaooQ. 1864, to Pai'oehial Eoads and Bridges, 27 V. S. 2, c. 6, s. 1. ' Acconnts ofwhichtobe laid before the Assembly, distinguishing I ha amnnnts expended for temnorary repairs, from those for permanent repairs, made up to the latest perioa, 27 V., S. 2, c. H, s. 2. Bog's and Goat^. When any Hog or Goat is found in any cane-piece, mill-yard, coffee- Foun* in can* piece, corn-piece, provision-ground, grass-piece, pasture or other land, a^J,°oy„^ °"' *" without the consent of the owner or person in possession, the owner or his attorney, overseer or pemkeepor, or the person in possession or charge, or any per.son employed thereo-n, may kill or cause, &c. every such hog or foat, and deliver the carcase to the owner, upon application, if made within 4 ours after, bat if not, the person who killed, or caused it to be killed, may dispose of the carcase as he thinks proper, without Being liable to any penally or damage, 22 V., c. 17, s. 2. Any two Justices at the first Petty Session Court fii January, April, Dotrttstion o f July and October, and at a Petty Session to be held at pitch other times as "''«', ." ',' '' „?<"" , -^ , . . ' ^. , ,1 -^ . ' )■ ■ •. louauiD lav Btrfldt*' they think proper, may direct the sergeant or some policeman in any city, town or village, to- grve notice, by printed or written bills posted on the en- trance doors of the Oourt-Hoxise, police stations and market house, and in or near the market-places where there is no mai'ket-honse, and in such other manner as they think best, that all Hogs and Goats found at large hi the Btrtets or lanes, or inany bnrial-gj'oand or chursh-yard, will^ after the expira- tion of 7 days from the date of the first notice so posted or given,, be taken op and destroyed, 22 V., e. 17, s. 3. Every Hog or Goat found at large or tethered in any street, lane or pub- Omtruotion .fv lie place, shall be forfeited by the owner, and may be' killed or seized and appropriated to his own nse^by any person employed as after stated to des- troy or seize the aniiial before itca'n regain the premises of its owner and be- claimed to be protected by him, 22 V., e. 17, s. 4, . The owner of any Hog or Goitt found in any street,, lane or public plaoe^ remlir for pn^ or the person who claims to protect any hog or goat found at large. ,ind par- tooting tii«m. BueJ into- his premisses, shall be liable on s-umraary conviction before any Petty Session toa penalty of not exceeding 403. or imprison.Tiienti not exceed- ing one- calendar month, 22 V., c. 17, a. 5, If the Inspectorof Police, whenever necessary, shall employ any requi- Empi„ym,„t or fite number of pel sons to destroy or remove or to seize ad Hogs and Goats romons to deitrc^ found at large, ortethered in anv street, &o., and' their remuneration shall be "»'' '»''•• fixed and regulated, by the Justices in Petty Sessions, and o.i due proof of the 25G Owner miiy re- claim on llaymeiit ot lUs. Intevpretatioii. i in pro'ict oinplQyeil. HOKSES AND CATTLE. l»iformiirC6 of the duty, Hie JusticEs shall direct tlieir Clerk to pay oat ol' llie fines collected, the remuneration fixed to the persons entitled, £2 V. t, 17. s. 6. The owner of any Hog or Goat seized or killed t)y the means aforesaid, may immctliately on its capture, and before its disposal by the person sei'ising reclaim the animal, oi its carcase, on payment of 10b, 22 V., c. ^7, s. 7. Any person offering, or causing obstruction to any other while*nsaged in the pursuit, capture or destruction of any such animal, shall be liabl% on conviction before 2 Jnslices, to a penalty not exceeding £5, orimprison» ment, with or without hard labor, not exceeding 60 days 22, V., c. 17, s. 8. The expressions " Hm:s and Goats" shall mean and include all animals o* their respective kinds, 22 v., c 17, s. 9, *The Inspector shall direct the police to protect persons employed to seize and . 11. Hnsliand and Wife, Conveyances iy. All Bills of Sale and Conveyances made by Husband and Wife, and ac- knowledged and recorded, shall be valid againrt all persons as if they had passed by fine and recovery in any of the Courts of Westminster, 33 0. 2, c. 22, s. 3. Interpretation Ajft a n t-General and Sab-agent Agent-General'a B alary Treasury, 2S V., c. 1, e. 2 Sub agent's re- unneration Security Agent! abroad Forts of Emigra- tion Proportion of •exea Contrftcti before •rrlvAi Immigrants. " Immigration Agent" shall include any person appointed by the Gov- ernor to act as Agent-General or Sob-Agent ; " Immigi'ant," all persons in- troduced under this Act ; "Indian Immigrant," any fraroigrant mtrodoced from the British possessions in the East Indies ; " Asiatic Immigrant," any Immigrant introduced from any other part of the Continent or Islands of Asia, (including China, 23 V., c. 29, s. 1) except the British possessions in the East Indies; " African Immigrant," any Immigrant from the African Con- tinent or Madagascar, pr any other Island adjacent to the Coast of the Afri- can Continent inhabited by the negro race ; J* Indenture," all contracts of service, whether by indenture, or otherwise declared valid j " Indentured Immigrant," auy Immigrant under indenture, who has not completed his industrial residence ; " Employer," the proprietor, including any Body Corporate, Company or Association interested in the cultivation of Estates, or the manufacture of agricultural produce, or Manager, Attorney, Over- seer, or other person having the direction of or chief authority upon any Su- gar, Coffee, or other plan&tlon, breeding penn, or pimento walk upon which any Immigrant may be employed. The Lessee or Tenant of any Es- tate shall, dnring the continuance of his lease or agreement, be deemed a a proprietor, 22 V., c. 1, s. 1. The Governor may appoint and remove an Agent-General and SnV AgentB of Immigration to act within the limits or districts specified in their appointments. Each Sub- Agent shall be also an Inspector of Immigrants, 22V., c. 1, s. 2. The Governor and Executive Committee may direct payment to the Agent-General of £500 per annum, out of the funds chargeable with his salary, 27 V., S. 2, c. 8. And to each Sub-Agent not less than 2s. and not exceeding 63. for eaehs Immigrant, per annum, placed under his care, to be calculated with regard to their number and location, 24 V., c. 16, s. 3. Sub- Agents shall give security to account, and be allowed commissions on their collections, to pay the premium to the Guarantee Society, 27 V., S. 2, c. 5, s. 20. The Governor, with the sanction of H. M. Government, rosy appoin* Agents at poirts of emigration from which Immigrants may be embarked under regulations, and iix their remnneration not exceeding in any year £3000,22V.,o.l, s. 3. And by proclamation or notice in the Gazette, and, if he thinks fit, Lon- don Gazette, and any newspaper out of the Island, name the ports or places from which Immigration is permitted, and the conditions under which it may be carried on, 22 v., c. 1, s. 4. He shall make provision for the introduction of such a proportionate number of Immigrants of both sexes as may be fixed by H. M's. Govern- ment, 22 v., c. 1, B. 5. If any Immigrant from Ma'deira, the Azores, the Canaries or the Cape de Verde Islands, or Europe, the West Indies, the United States or British Provinces of North America, or from any port or place from which Immi- gration is permitted, before arrival, oontjacts with any person to perform service in tliis island, the contract, when approved of and countersigned by the Immigration Agent, and subject to such alterations as he may make, IMMIGRANTS 259 with the consent of parties, shall be valid for not exceeding 3 years. Ex- cept aa after mentioned, no contract bhall be approved and countersigned unless it is signed with the names or marks of the contracting parlies, and purports to be attested by a Justice, whose signature shall be attested by a notary public, or by a notary public in the first instance, or British Consul or some other person approved by, or acting under H. Majesty's Government, one of whom shall certify thatthe" parties entered into it voluntarily and with a full understanding of its meaning, nor unless the Immigration Agent is to be approved satisfied the Immigration has been carried on in accordance with all existing by the immigration regulations of the Imperial Government and of the Legislature, 22 V., ^''™' 0. 1, B.6 If the Immigration Agent is not so satisfied, or finds the contract not to Qovemor ma; di- be so signed and attested, he shall report to the Governor, who may, not- '»'=' ""o Agent to withstanding, direct him to approve and countersign it, 22 v., o. 1, s. T. approve In ease any Immigrant other than an Asiatic or Indian, before embarlca- vice to ompioyere tion, has consented to enter, upon arrival, into a contract with any employei' '» be seieetea by the Immigration Agent may select, for not exceeding 3 years, such consent Agent""'*'"' °° being shewn by certificate" of the Government Immigration Agent, or by ciiinese's year«, an agreement signed by. the Immigrant, and witnessed by a notary consul or i^^j'„*j and'iibera" other ofiicer, the Immigration Agent may indentui'e him to any employer ted Africans, 27 v., the Governor thinks fit. Ko assignment shall take effect until the employer S-j'Jjj"^^;^"^^'' ' and Immigrant or Immigration Agent on his behalf, have execuied an Indenture Form (No. 4), or as may be approved of by the Governor, 22 v., c. 1, s. 8. No contract for service unless otherwise provided for by any Act relat- Pnraiion of con- ing to Immigration shall be binding for anv period exceeding 3 years, Sa V., "''"'"' c. 31,8.2. The Agent-General shall, when directed by the Governor, cause a iroucsa for appii notice to be published in the Gazette by authority (Forms No. 1,2), req>iir- eaiions for immi ing proprietors and managers to make application to him for such Imnii- ^'''""' grants as they desire to indenture upon their arrival, and to notify the names and residences of each proprietor, the estate, the number wanted, the description of the buildings in which-they are to be located, and the country or place from which he is desirous they should be introduced, and to express the willingness of the proprietor to accept the services of so many aa shall be allottea to him, not exceeding the number applied for immediately after their arrival, which application the Agent-General shall submit to the Gov- ernor and Executive Committee with a view to arrangements being made for the uitroduction of the required number, eras many as practicable, 22 y.,c. 1,1.9. Every applicant refusing to accept the services of the Immigrants allot- LiabiUUee of ap- ted to him under 22 V., c. 1, s. 9, shall forfeit, in lieu of other moneys under »"«"■"• that Act, a sum equivalent to £1 for each year every such Immigrant would otherwise be indentured to him, with the cost of food and lodging incurred by the Island between the arrival of the Immigrant and the transfer of his services, to be ascertained and fixed by the Agent-General, and the whole or such amount as the Governor sees fit to direct shall be immediately en- forceable, 24. v., 0. 16, s. 2. The Agent at any port of emigration shall transmit to the Agent-Gene- Keports of age, ral by the vessel in which the Immigrants are shipped, and other ordinai-y ^{■^J^""' ''^™'" means of communication, a return of the age, aa near as can be ascertained, of every Immigrant shipped, and such other particulars as the Governor directs, 22 V., o. 1, s. 10. Passage money shall be paid only for such as are landed alive, 24 V., Pa.sago money C. 16, 8. 1. If any Immigrant is not immediatelv provided with employment, the ..^"ff" f »/ 'SjfJJK Immigration Agent shall provide him with food and lodgings at the expense of the Island until indentured, to be re-paid by the person to whom he is in- dentured, 22 v., 0. 1, s. 13. The Governor may make regulations, to be binding upon employers, re" Food, clothing, epecting the food and clothing to be provided for Immigrants during their Jf Se " indcnt"u 'i first 3 months of service, and respecting their lodging, medicine, and medi- cal care, also during the continuance of their indentures, and respecting other matters necessary for carrying this Act into effect, to be published in the Jamaica Gazette, 22 V., c. 1, s. 14. Aiionnncos du- Every Immigrant, in the absence of express agreement, shall, during ring iiine«« ' 2(30 IMMIORAHTS. illness, receive, instead of wages, such allowances as the state of liis health requires, or as may be directed by any regulation to be issued and published by the Governor, 22 V., c. 1, s. 15. Heiiicai oflicer, The pereou in cliai'ge of every estate on which Immigrants are em- h>°£io°him '"'°"^'" ployed shall cause, to be brought before the medical officer, at each peri- odical visit, every indentured Immigrant u^ion such property, whom he be- lieves, or who reports himself to be labounng under any disease or malady, or suffering from any bodily injury or hurt, m in any respect to require me- dical or surgical treatment, 27 V., S. 2, c. 5, s. 10. ■ Begiflter baok to Every medical practitioner charged with the care of attendance on Im- Uo.-iS ^^ '"'" '" migrants, shall keep in eaohiiospitaV or room set apart for the sick, a book in wWch to record nis visits, and a Register Book (Form) and a Case Book (Form,) and enter in the Register Book tiie name, age, sex, and race of each Immigrant under his care in such hospital, and further state in the Case Book the nature of the disease or injury from which the patient is believed or alleged to be suffering, the remedies and diet prescribed by him in each case, and the result ; and the Immigration Agent of the district shall have access to such Register and Case Books at any time between 7 a.m. and 6 p.m., 22 v., S. 2, c. 5, s. 11. sapoiti. Tlie medical man attending, when required by the GJovernor, shall make general or special reports or returns m reference to the Immigrants under his care, and to all matters respec^ng their sanifcaiy state, and enter- or allow to be entered, a copy of any such report or return on the Estates' Hospital Book, 27 V., S. 2, c. 5, s. 12. No employer shall be snhject to any charge for hospital dnes, on aceonnt rubitt Hoipital 'if any Immigrant under indenture to him, unless sent or taken to the hos- """'• pital bv his direction or consent ; and the charge per diem, in such case, shall not exceed Is., 27 V., S. 2, c. 5, s. 13. Heiriiitr The Agent-General shall keep a register (Form No. 3) for separate classes of Immigrants arriving^ distinguishing each class by a particular al- phabetical letter, and insert therein tne names of all Immigrants of each class arriving, and number each by a particular number, commencing with No. 1 and proceeding by regular numerical progression, and distinguish under different heads the letter, number, name, age, sex and country of every Immigrant, the time when, place whence, and vessel in which he arrived, the cost of passage, whether introduced by means of the unappropriated residue of the £100,000 loan raised under 15 V., o. 20 and 16 V., c. 25, or of loans under other Acts, (specifying them) or by the private means of the employer or other person (naming him), and the average cost of importation, (stating such average cost in the column, 24 V., c. 16, s. 10) and whether en- tilled or not to a return passage ; also the name of the employer to whom in- dentured on arrival, and the moneys, if any, advanced to him previously to his arrival and to be re-paid out of his wages, and such further particulars . as the Governor direcfs: and shall furnish to each Sub-Agent full particu- lars in respect of every Immigrant located in or transferred to his district, 22 V., c. 1,8.16. Annual r«t«rn» of ' The employer shall, on or before 13tli October in each year, make a Re- .Bipiorer. ^^^^ (Form No. 5) to the 30th September preceding, of the names and num- bers of all such Immigrauts as have been in his employment at any time during the past year, with the date and cause (as far as may be known) of all deaths, and the number of birtlis, and the names of all who have left the estate during such preceding year, to the Agent-General, who shall in- sert the particulars in the Register to be kept by him ; and the Agent-Ge- And Aewt G«n«- neral shall, at the end of every year terminating on 30th September, furnish '»' the Governor with an abstract re'turn, in ta-iplicate, of the number, sex, in- crease and decrease of all Immigrants in the Island who have not com- pleted their industrial residence ; also of each sex arrived within the pre- vious 12 months, the ships and cate, to be furnished on or before the lOtU November, and laid before the Legislative Council and Assembly, 22 V., , c. I,s.l7. d )° n^immiBrnnt"; Every Indian Immigrant, arriving before 12th October, 1864, was re- ■vs 27 v., s, 2, c. •-', quired toue assigned by indenture, (Form No. 4), for a period of 2 yeai-s, ». 1 and might, within one mouth after the expiration of that period, be re-inden- tured to any other employer whom ho might select, for a further period of one year, and within one mouth after the expiration of the third year, and on payment of £5 might demand a certificate of industrial residence, or witliin such period as might be prescribed by the Governor, before the ex- IMMIGRANTS. 261 limtion of snch thiril year, signify to the Immiffration Agent liis desire to ,>e re-in(iontiiiecl to any other enifiloyer whom he might select, for one veiu- from tlie termination of his existing indentnre, and tlie Agent should r'o-in- dentni-e him accordingly ; audif he ebonld fail to make such payment or re- nnire such re-indenture, his original indenture or re-indeutuVe slionld be deemed to be extended for one year, 22 V., c. 1. s. 18. And might, within one month after the expiration of his 4th yeara' ser- Asiatic I m m i- vice, on payment of £2 10s., demand a certificate of industrial residence, or grautf might require, and be re-indentured for a 5th year ; and if he fails to do so, ^^ «" 'i',',''"'','-'!! bis last mdenture should be deemed to be extended for such 5th year, 22 v., v. c.'35%.8'' ' e. 1, B. 19. The Immigration Agent may assign any Asiatic Immigrant, on his ar- rival, for not exceeding 5 years, according to the tenns of any contract into which he enters before arri va!. At the expiration of the 2nd and every other year, the Immigi-ant may require the Agent to transfer him to some other employer, whom he may select, for the remainder of the period, or on payment of all advances before arrival, and of £3 per ann. for every year wanting to complete 5 years' residence, to release hini from his uiden- ture, and give him a certifica e of industrial residence, such assignment and transfer to be made by indenture, as nearly as may be, in (Porui 4), or such other as m.ay be approved of by the Governor, and determmable, at the re- qiiest of the Immigrant, In like manner as the original assignment, 22 v., c. 1, 8. 20. In making any assignment, the Agent shall not separate husbands from HusbunJs « n a wives, nor children under 15 from their parents or natural protectors, 22 "ivo» ana chiuiren v., c. 1, s. 21. Husbands and wives, and children, shall be included in one indenture, and one contract entered into, as to all so included^ for payment of the sums chargeable, 24 V., c. 16, a. 8. So much of 22 V., c. 1, s. 8, and s. 11, 12, 59, 60, 61, 62, 63, and other Contract, for par- sections of the same or any other Act relating to the payment by employers Ji',™J„i,?/„~ji^," of the cost of importation, and incidental expenses, repealed, except where employers otherwise provided, 24 V., c. 16, s. 28. Form No 9 of the Schedule referred to in the repealed sections 59, 60, and Forms Nos. 10 and 11, referred to ins. 68, of 22 V., c. 1, cancelled, and in lieu. Forms Nos. 1, 2, and ii substituted, subject to alterations or modiiicatiohs in the case of Chinese Immigrants, as circumstances require, 24 v., c. 16, s. 7. For providing funds for iniportiition, and the re-payment of moneys bori'owed under tne " Immigration Loan Act, 185X," (22 V., c. 3.) there shall be levied and paid the moneys after mentioned, in lieu of those pro- vided by any Act, except the Export Duties under 15 V., c. 39, 24 V., c. 16, 8. 5. The employer shall, at the time of entering into indenture, pay to the jj"?/,"""' ""^ ^J?" Immigration Agent all moneys incuii-ed for food and lodging of every Im- Snaoihcrwi"""" ^ migrant indentured after 3 days from the time notice is given of the allot- ment to him (such time in case of personal service to run from the day after notice is given, or, in case of notice through the Post Office of the district, from the day aft«r that on which such notice is deliverable at such Post Office,) 24 v., c. 16, s. 6. Instead of the annual payments by 2-1 V., u. 16 directed, the emjilojer incroiueii «nnu» of every Immigrant already or to be allotted, except in the case of hbe- payments rated Africans free of cost, shall pay in advance for every year's service Afrkan'B,°j!8v',or3 of every Immigrant of or above «2 years, £1 10s., and for every ye!U''s service of evei-y child under 12, 1.5b., and shall enter into a Uke contract, (except as to the amounts of annual payments) as directed by 24 V., c. 16. (Form No. 1) to secure in advance the respective annual payments for each year subsequent to the first ; but employers of Immigrants already indentured Momoraminm on might subscribe a memorandum of agreement in the form annexed, to be contracts already annexed to or endorsed on the contracts entered into under 24 V., c. 16, entered into which should be valid to secure the annual payments in advance therein mentioned or indicated, 25 V., u. 35, s. 1. On neglect t» In case of refusal or neglect, then tlie Immigrants were to be allotted to Z^'St/J^"^^^ '^^ some other employer, 25 "V^, c. 35, b. 3. dotenninsd Immigation Fund* 0(;g niiMTr.RANTS. iit'icniurea to I OH- All exisliiiff proviBions fliall remain in operalion for payment of mo- ■«•• neys incurred or to be incurred for food and lodging, 25 V., c. 35, 8, 4. No Innnigi'ant introduced by the Government sball be indentured to a lessee or tenant, unless the owner is a party to the indenture or contract for payment of the expeuees of introduction, and [or] the lease or agree- ment has a longer period to run than the indenture, or the lessee enters into separate secnnty to provide for payment of such expense, and for the location and maintenance of such Immigrants, to be approved of by the Go- vernor and txecutive Coinmitttee, 22 V., c. 1, s. 22. Death of pmpioy- If the employer die, or the Estate mentioned in the contract is deter- er, Ac.riitiittoscr. mired, forfeited, alienated Or devificd, the person who becomes entilled to tinnrfor '""'' B>"=li Estate sball be entitled to the services of the Immigrant during the residue of his indenture. I'or the purpose of deciding any dispute as to the title to the Estate and the services of the Immigrants, tne person actually in poKsession shall be deemed entitled, -but the services of an indentured Im- migrant may be transierred, -with his consent, to any other Estate belonging to 'be same employer ; a memorandum of the transfer to be endorsed on the contract and signed by the Immigration Agent, 22 V-, c. 1 , s. 23. Cancelling inden The Immigration Agent may, with the sanction of the Governor, cancel taring""'' " '"''''"' the indenture of every Immigrant, in respect of whom any money remains unpaid for 3 months, or for 1 month after a distress warrant has issued for want of goods whereon to levy ; or the indenture of any Immigrant who being paid according to the quantity of his work, has not received work sufficient, in the opinion of the agent, to enable him to earn a reasonable amount of wages ; or in case any immigrant has been ill-used by his em- ployer, or of neglectof duly or breach of contract on the part of any em- ployer, in addition to any other penalty or forfeiture, 22 V., c. 1, s. 24. insiifflcient ac- If the Agent-General reports that the accommodation provided for any ved"rriRconductyor ImmigiMiit is bad Or insufficient. Or any proved misconduct of the employer Governor's dircc- towards any Immigrant, or if, on any other ground, the G overnOr considers '''"" it requisite, he may direct the Agent-General to cancel the indenture, and also tnose of every other Immigi ant indentured to such employer, and inden- ture them to others , and from the date of such indenture, tne preceding em- ployer shall be releasedfromany future pecuniary or other liability. The Pcrioii of re in- term Of Service under any new indenture, shall not, with the time of past ser- ^ denture vice, exceed the period for which he was previously bound, 23 V., c. 31, s. 1- At employer's re- The Immigration Agent may, with the sanction of the Governor, at tl e ''"°^' request of anyernployer andlmmigrant, cancel any indenture for the pur- pose of re-indenture, 22 V., c. 1, s. 25. Re-indenturewitii- Any Immigrant whose indenture has been cancelled, may (without his out Immigrant's consent) be le-indontiu'ed, not exceeding the unexpired period, 22 V., consent c. 1, S. 26. Abpence from per- No Indian Or Asiatic Immigrant, who deserts or absents himself from V^%Tv^'sT"isT6 service, otherwise than from illuess, while under indenture, for periods B. 14, 16 amounting together to more than one month in each year, shall be en- titled to a certificate of industrial residence, until he has further served under indenture for the period of absence or desertion, unless he give a money commutation, 22 V., c. 1, s. 27. ^Vheuever an Immigrant is reqiHred to make good time lost from ab- sence or desertion, he may, with the sanction of the Immigration Agent, commute by a money payment to the employer, to be fixed by the Agent, subject to the decision of the Governor, in case-either party Is dissatiefied with Curing imprison- his award. .Absence while undergoing imprisonment to be made good by *"«"* service or compensation, 22 V., c. 1, s. 28. Industrial t c s i- In the Case of Immigrants und'T 12, residence in the island shall, for ""sSco isth Oct completing industrial residence, be equivalent to residence under indenture ; i684"'i°eo2iy., s. si immediately after that age, they shall be liable to be indentured by the 0- 5. =• 1- Agent-General for the then residue of their term, and to the privileges and obligations of an indentured Immigrant. The Agent-General shall deter- mine the period at which the Immigrant attains 12, according to the best evidence or information he can obtain, 22 V., c. 1, s. 29. iminigrant'j tiito AH Immigrants, other than Indian or Asiatic, shall be entitled, after 3 tocorh oatco years' residence, to demand from the Agent a certifloate of industrial resi- dence, unless it is recorded in his office, ov otherwise appeal's that such Im- migrant has deserted or absented himself from sefvice, otherwise than from illness, while under indenture, for periods amounting together, during the 3 IHMIOnASTS. 2()3 , years, to more than 3 uiimtlis, m wliifli case lie shnll not be entitled to s'ich certificate until he has further served for the period of absence or desertion, or given a money compensation, '22 V., c. 1, s. 30. Any Asiatic or Indian -Imniigi'ant who has served .0 years under inden- Asifttic and In- Iletuni pasaHga* Cartiflcato af.ex* eiiiption tare, ormade money payments in lieu ofs-rvice, may deiiiand a certiticate of 'i'"''^ industrial residence, (Poim No. 6), 2i! V'., c. 1, s. 31. Immigrants bom ont of the British Dominions, "who obtain or become Naturalization entitled to a certificate of mdnstrial residence shall be immediately entitled to all the privileses of a natural born British subject, 22 V., c. 1, s. 32. Every Immigi*ant who has received, or become entitled to such cei'tiii- passports cate, may abandon set vice, and demand from the Iinmigi*atioa Airent a pass- port, (Form No; 7, altered by 27 V. S. 2, c. 5, s. 4j which, as well as tlte cer- tificate, shall be aif^ned and sriven gratis , but no Immigrant shall dcpuit the island without such passport, 22 V. c. 1, s. 33. Every Indian Immigrant on prodnctior. of his piisspoi't, may depart at his own expense, or, after 10 years' residence, be eutitletl to a back-pasaa^o attbe expense of the island to the port in India from which he einiif rated, provided ne claim such back-passage , within 18 month-s after it becomes due, unless he has, with the sanction of the Governor, foregone such tight itt con- sideration of a grant of land, or money payment, or partly of a grant of land, and partly of a payment in money. Tlie Governor shall give each applicant at least 3 months' notice, as precise as circuinstances render possible, (»f the period at which the passage will be olTered hira, 22 V-, c. 1, s. 3-4. The Governor may authorize the Immigration Agent to grant a certifi- cate of exemption from indtistrial service (Form No. 8) to any Immigrant who, from sickness, accident or other cause, appears incapable of labour, and may send any Indian Immigrant back, at the expense of the fund pro- vided, to the port whence he emigrated, at any time afterwards, 22 V., c. ), s. 35. Every Indian who becomes entitled to a back-passage, shall receive, nomnrmBo baoti- out of the fund provided, 253. for every 6 months he is detained, 22 V., ■'"'"»'' c. 1, e. 36. In respect of ships leaving with return Immigrants, the Agent shall Passongora' Acts perform all the duties imposed on Immigration Agents in ESngland by the Passengers' Ace, 1855, of the Imperial Parliament, or any other Passen- gers' Act in force, 22 V., c. 1, s. 37. The Immigration Agent shall collect and take possession of the property Property of do- of any Immigrant dying, and, with the sanction of the Governor, deliver it °"^" mm.srants to any person who establishes a right thereto, or, in the absence of any such TOrsoui turn the property into money, and pay the proceeds into the Island Treasnry, to be remitted to the persons in India, or elsewhere, entitled, 22 v., c. 1, s. 38. Tlie Governor may make all regulations for giving eiTect to the last Hoitniatiora reis- section. Any person contravening such regulalious, liable, on conviction, to ""» ">="">> a penalty not exeeetifng £5, 22 v., c. 1, s. 39. Eveiy indentured Immigrant, in the absence of express agreement, and Hours of labour, except in case of illness, shall bo bound to work upon, or in the service of iKdiaaya the estate mentioned in hjs indentui'e tor 9 hours of each day, except Sun- days, Good Priclay, New-Tear's Day and Christmas Day, and sucn other days to be observed as festivals, according to the national customs of the chinoso,«oe25V., class to which he is registered as belonging, as the Governor ^all appoint, o, 35, a. s aSV., e.l,s.40. The Immigration Agent may enterupon aaiy estate where Immigrants in sp^^cHbu by flre employed, and inspect their condition, and require a muster of those on as«»« the estate, and shall, at such periods as the Governor directs, \'isit and inspect every estate whereon they are employed, 22 V., c. 1, s. 41. Efrery employer shall, within 24 hours after it eomes to his know- r „„ „f jj,^. ledwe that any Immigrant has deserted, report such desertion at the nearest tiou Police Station, stating the distinguishing letter, and number, and names, with the date of indenture, and every otiier information likely to facilitate his apprehension ; and the Police shall circulate such report among the se- veral stations throughout the island. Employers failing to comply, shall forfeit not exceeding £5, 22 V., c. 1, s. 42. AljKtnre fi-nni f«- nnseMioli to Ije re corded fnpltintation booh, mid ftccenaible to 1 In tn i ^ r atioli Agclit ] ipsertion After 3 itiontlis, • m p 1 o y c r not chargeable, or in cose of return entitl- ed to abatement, nor wbilo undergo- ing of imprisonmeut renaltiea on em- ployers, &c. On Immigrants 2()4 IMMlORANTfc'. The eniployer or any servant of liis, Ihe Immigration Agent, or any Police ConBUible, orlinra! Constable, may stop, without a warrant, any Afri- c-an, Indian, or Asiatic Immigrant at any time (except Snntlays, or holidays, or i'cbtivals) found during the hours of tvork more than 2 miles from the es- tHte,. and' if he fiijl to produce, upon being required, a certificate of exemp- tion or of industrial residence, or a -written ticket of leave, signedby his em- ployer, may take him back to the estate, or if he refnsesto disclose the name of the estate, then shall take him forthwith to some neighbouring Jus- tice, who shall forthwith enijuireinto the case, and unless satisfied that tlie Immigrant has completed such residence, or obtained such exemption, or ia absent with leave, shall make order for hie immediate committal to the nearest prison, (not a County gaol] with or without hard labour not ex- ceeding 30 (27 V.,S. 2, c. 5, s. 15) days, 22 V., c. 1, s. 43. The manager of eveiy estate, within 24 hours of his having know- ledge of the desertion of any tmmigi*ant, shall make enti-y and record thereof, and of the particulars, "(Form) ; such record to be kept on the estate, and accessible to the Immigration Agent at any time between 7 a. m. and 6 p. m., 27 v., S. 2, c. 5, s. 14. In case of deseition or absence from service for 3 months, the ejiployer shall not be chargeable for such Immigrant after such 3 months, or in case of his return to service, only in pioportion to the period of service after such return, nor shall he be chargeable for any period during which the Immigrant may be undergoing imprisonment, 27 V.,- S. 2, c. 5, 8. 16. Every employer who omits to make the annual return, (s. 17), every person who, by act or omission, obstructs the Immigration Agent m enter- ing upon any plantation where any Immigrant is employed, or in enquir- ing into the condition of any Immigrant, Is, 41) shall, on conviction, forfeit not exceeding £20, 22 V., c' 1, s. 44. Every Immigrant who, during his indenture, without lawful excuse, ab- sents himself from his work, (s. 40, 43) shall forfeit his claim to wages and allowances for the time he absents himself, and, on conviction, shall be im- prisoned in the nearest prison, (not a County gaol) and kept to hard labor for not exceeding 14 days, 22 v., c. 1, b. 46. If any Immigrant, by negligence or improper conduct, lose, throw •nipioyers °p™pcr°y away, endanger or damage the property of his employer, or endanger such property by a careless or improper use of Are, or .Cruelly illuse any cattle, or live stock belonging to his employer, or entrusted to his care, or by negligence occasion them to be cruelly illused, he shall, on conviction, be punished by imprisonment, with or without hard labor, not exceeding 30 days, 22 V., c. 1,8. 46. im ro r s f "^^X I™™'gi'»i't ^ho falsely or fraudulently pretends that he has com- ceriTiiSJioror'imBs- plcted his industrial residence, or uses, gives or lends any certificate or pass' ports port for any fraudulent purpose, or wilfully counterfeits or alters any cer- tificate or passport, shall, on conviction, be imprisoned with hard labor for not exceeding 3 months, 22 V., c. 1, s. 47. Every person harbouring or employing any Immigrant under inden- ture, or inveigling or enticing him to quit or desert from his legal service, shall be deemed guilty of an offence, and on conviction before 2 Justices shall pay a fine not exceeding £5, or be imprisoned with or without hard labournot exceeding 3 mouths, as the Committing Justices shall adjudge ; the fine "when paid to be appropriated to the credit of the Further Immi- gi-ation Fund, 1861, 27 V. S. 2, c. 5, s. 17. Every person who harbours or employs any Immigrant under inden- pioye?"^'" "" tme, shall, in addition to such fine, pay to the employer by way of damages at the rate of 4s. for eveiy day the Immigrant hiis been employed by him. In case of any such Immigrant being employed on an estate, it shall be suf- ficient to support a conviction, io prove that the Immigrant has been em- ployed thereon while under the personal charge and superimendence of the person charged ; such damages to be recovered as any money ordered to be paid under any Act, for the time in force, respecting summary couvictioua and orders by Justices, 27 V., S. 2, c. 5, s. 18. 22 v., e. 1, >. 48, re- Except the proviso 22 V., c. 1, 6. 48, repealed, but th« proviso kept in pejded except pro forge, 27.V., S. 2, e. 5, s. 19. ■ Harbouring, nalty IMMlaRANTS. 265 If any employer statea upon oath before a Justice that he has reasona- ••»eii Wurrimt ble cause to suspect any Immigrant is harboured, concealed or employed on the premises of any person, such Justice may grant a warrant to search for, and oring him and the person by whom he is uarboured, &c., before him, to be dealt with as provided, 122 V., o. 1, s. 48. Every Master or person in charge of any vessel, who knowingly re- j^ Can-ying iwa^ ceives or harbours on Doard any Immigrant who has not dulv obtained his o'utp'SIpor'u passport, with the intention of carrying him out of this islaud, or any per- son who aida and abets the departure of any such Immigrant, shall, on con- viction, forfeit not exceeding £20 for each, 22 V., c. 1, s. 49. All offences and breaches of any stipulation or engagement in any in- Jurisdiction o t denture', on the part of either employer or Immigrant, for which no punish- lami'Bratiou ktmt m«nt is otherwise provided, may be heard and determined by the Immi- f ration Agent, and, on conviction, be punishable, in case of any employer, y fine, not exceeding £5, and in default of payment, imprisonment not exceeding one mouth, and in case of any Immigrant, imprisonment, with or without hard labour, not exceeding one month, 22 Y., c. 1, s. 50. Every Indenture, Contract, Document or other proceeding, or any EvWoiia* copy thereof, or any extract from the Begister to be kept by the Agent-Ge- neral, certifidd by or purporting to bear the signature of any Immigration Agent, shall be received as prima facie evidence of the oi'iginal, and of the truth of the contents, 22 V., c. 1, s. 51. All Appointments, Documents and legal Instruments required or made Eiompuon from evidence by this Act shall be exempted from Stamp Duty, 22 V., c, 1, s. 52. ^''"°'' '^"''' As also under this or any other Acts, then or thereafter to be passed respecting Immigrants, 24 V., c. 16, s. 27. AUpenalties and forfeitures shall be sued for and recovered by the tie»°°°bsfcfra''"fm" Agent-General in the name of the Queen, in a summary manner, before migmUon Asont the Immigration Agent of the parish in which they are incurred, and the aggregate amount of penalties in respect of any number of Immigrants un- der indenture to the same employer under one information. The penalties and forfeitures to be paid by an employer shall be recovered by distress and sale of the goods and chattels to be found on the estate, on which a land- lord might distrain for rent in arrear, and shall not be repleviable except h«p1«tIii under an order of a Judge, to be made upon affidavit before a Justice or Commissioner of the Supreme Court, disclosing such special circumstances as would, if proved on the trial of the replevin, warrant a verdict in the plaintiff's favour. Every Immigration Agent who enforces any provisions of this Act shall be deemed to have been acting as, and entitled to the pro- tection afforded by Law to a Justice acting in the execution of his office. All pecuniarv penalties when recovered, shall be paid over to the Eeoeiver- Cteneral to tne credit of the New Immigration Fund. No goods disti'ained on shall be sold before the lapse of 14 days after distress. If any person, otherwise than by the authority of the person making such distress, re- moves, dimng any part of the 14 days, any of the goods distrained on, from the premises whereon made, he shall be liable to a further penalty of equal amount to that for which the distress was made, 22 V., c. 1 , s. 53. In cases of conviction tor absence or desertion, the Immigration Agent Eowara for «p- may award to any Policeman, Constable, or other person who has been ac- f^'J"""""* *""' tive in the apprehension of any Immigrant, not exceeding 6d. for each mile he had to travel, from the place where the Immigrant was apprehended to the residence of the nearest Justice, nor 5s. in the whole for each Immigrant, and grant him a certificate of the sum awarded, signed by the Agent, and countersigned by the Clerk of the Peace or Magistrates' Oleik, which shall be payable on the Governor's warrant, at the Treasury, out of the Constab- ulary Reward Fund, 22 V., c. 1, s. 54. On complaint by employer or Immigrant, the Agent may, in addition to Wsmi, p«)-meot any other order, award to the Immigrant the whole or such proportion of •"* fio»t«m«nt, &». wages as he thinks reasonable, or authorize the employer to retain the whole or any specified portion, 22 V., c, 1 , s. 55. On complaint of any Immigrant for non-payment of wages, or damages for breach of contract, or misconduct, the Agent may make a proportionate abatement out of any sum to be awarded to such Immigrant, for eucli days or times as he shall be proved to have been, without the consent of his employer, absentfrom, ornejfleotinghi* ««rvie9 or work, and also for the value of any K K 266 IMMIGKANTS. damage done to his property through the misconduct, negligence or cars- leBsnesa of each Immigrant ; but no Immigrant whose -wages have been abated for absence, fehall be required to give any further service for the pe- riod of absence, 22 V., c. 1 , s. 56. Tims for com- Except where otherwise directed, no complaint, by employer or Immi- ptaint, 4c. grant, against the other, shall be entertained, unless preferred within 30 days ; and on the hearing, no abatement or deduction snail be made from the amount determined to be due to either party, by reason of any misconduct of which he was gnilty at any time exceeding 30 days before the inetitntion of the complaint, 22 v., c. 1, b. 57. Bontences of im- Whenever any indentured Immigrant is sentenced, by any Court or prifionment to be Justices, to imprisonment for any offence against the criminal lavir, the pro- smcpai^ '° ■^^°''' P^"^ officer shall, within one calendar month from the date of sentence, for- ward to the Agent-General a return, setting forth as accurately as may be the distingnislung letter and number, and name of the Immigrant, the name of the Estate on which he is indentured, the offence and term of impiison- ment, 22 V., c. 1, s. 58. i^igranti nt The Immigration Agent shall dispense with the execution of any con pririte expense, tract for payment of expenses, with respect to Immigrants introduced coufraeti to be die otherwise tuau by the Island Government, and shall endorse upon the con- peme w tractof service that the cost of introduction has been fully paid and dis- charged by the employer, and upon the transfer at any time of such ser- vices, with the assent of the parties, shall nrake a similar endorsement. Such employers and Immigrants shall be amenable to this Act, in all other res- pects applicable to industrial Immigrants and their employers, 22 V., c. 1, s. 64. Re-payment o f The employer of any Indentured Immigrant shall pay to the Agent the sdTaucea amount mentioned in the Indenture as advanced to such Immigrant, previ- ous to his embarkation, either by an immediate payment, or by half-yearly instalments, at the rate of Is. per week, at his option ; and shall be entitled to deduct the same by weekly instalments from his wages, to be paid by the Immigration Agent into the Treasury, to the credit of the Further Immigra- tion Fund, 1861, 22 V., c. 1, s. 65 ; 24 V., c. 16, s. 19 ; 25 V., c. 35, a. 5. Befmal to Mfli Every Prorietor or Manager, who has made application lor, and after- contraotB for immt .^ards refuses or neglects to enter into indenture and contract, shall' forfeit *"" ' and pay to the Immigration Agent for every Immigrant allotted tp him whom fie refuses or neglects to indenture, equal to £1 for each year the Ijmmigrant would otherwise have been indentured to him, and cost of food and lodging, as ascertained and fixed by the Agent-General, 24 V., c. 16, s. 2. The Governor may remit or mitigate any such forfeiture, 22 V.,e.l,s. 66_ j^ Every person deputed to manage any Estate under Power of Attorney, recorded in the Secretary's Office, shall be deemed the authorized agent of his principal for the purposes of this Act, in the absence of express provi- sion to the contrary m such power, but without prejudice to any right of ae- tionof the principal against any Agent wh» has contravened or acted with- out or against hia instructions, 22 v., c. 1, s. 67. lien and recovery AH moneys payable to the Immigration Agent in respect to any Inden- ef moneys payable tured Immigrant, or for refusal or neglect to execute an indenture, shall be tor Immigrants ^^ gj.g(. ^jjarge on the Estate in respect of which the Immigrant is, or,, but fop such refusal or neglect, would be under indenture, and may be enforced 1^ warrant of distress and sale (Forms Nos. 2 and 3,- 24 V., c. 16) to be directed by the Agent-General or Sub-Ageot of the district, or to any Policeman of th» carish where the same is required to be executed, without any previous in- foimation or summons, and the aggregate amount of penalties iu respect of any number of Immigiants, recoverable by distress warrant, to be executed upon the same Estate, may beincludedin one warrant. As against mortga- gees or other incumbrancers, or purchasers of property sold tor payment of any mortgage or other incumbrance, after they have entered mto posses- sion, no greater amoimt of arrears shall be enforceable, and raiseable as a See 86 v., c. 35, s. 1 firgt charge on any Estate than the two last half-yearly instalments actually due next oefore such entry, 22 V., c. 1, s. 68. iioo.ooo, immi- All moneys received from the employers of Immigrants, introduced by jtotion Loan ap- means of moneys raised under 15 V., c. 39, and 16 V,, c 25„ shall be paid bv propriaHons ^j^^ Agent-General, within one week after receipt, to the Eeoeiver-General, and oanied to the credit of the " £100,000 Immigration Loan, New SinX- IMMIGRANTS. ing Fund," and remitted under warrant of the Governor, with the advice of the Bsecative Committee, to be invested under those Acts as part of the Sinking Fund established under them, 22 V., o. 1, b. 69. All moneys received from employers of Immigrants, introduced by means of moneys raised under any Act to be passed, shall be paid, one week after receipt by the Agent-General, to the Receiver-General, 22 V., o. 1, s. 70. To the credit of " The Further Imnugration Fund Account, 1861," 24 V., cl6, 8. 22; 25 v., c. 35, s. 5. The Receiver-General shall close " The New Immigration Fund Ac- count," under 22 V., c. 1, s. 70, and open a new account in nis books, " The Further Immigration Fund Account, 1861," to wliioh to transfer the balance of that account, 24 V., c. 16, s. 22. For raising a fund to meet the expense of a return passage for Indian Immigrants, who entitle themselves to claim a return passage to the ports from which thOy embarked, or for the permanent colonization of such and any other Immigrants, the Agent-General shall, on or before 10th November m each year, furnish to the Receiver-General and the Governor a return, shewing, as far as practicable, the total number of Immigrants, of all classes, introduced by means of moneys raised under Acts for raising funds within the previous 10 years, alive in tlie Island on the preceding 30th Sep- tember, and thereupon the Governor, with the advice of the Executive Com- mittee, shall, by warrant, direct the Receiver-General to set apart and carry a sum, equal to 20s. for every Immigrant appearing to be alive in this Is- land on that day in eachyear, out of any unappropriated public moneys, to the credit of an account in his books, " The Immigrants' Colonization and Return Passage Fund," 22 V., c. 1, s. 71. To be invested at interest in securities in this Island, or the public funds of Great Britain, and the interest accumulated until money is wanting for the purchase of lauds, or for return passages, 22 V., o. 1, s, 72. The Keoeiver-General shall pay thereout, warrants of the Governor, with the advice of the Executive Committee, on account of the purchase of land for the colonization of Immigrants, or as a money-commutation in lieu of back'passages of Indian Immigrants, and the further sums required for payment of back-passages. And for providing back -passages, the Gov- .i^nor may direct the Receiver- General to advance moneys from the general "revenue, to be re-paid out of the fund when there is sumcient money at its credit, 22 V., c. 1, s. 73. The Receiver-General shall carry to the credit of the same account, £5000 out of the surplus moneys arising from the Export Duties, under 15 v., c. 39, after providing for Interest and Sinking Fund on so much of the loan as has been raised, 32 V., c. 1, s. 74. Whenever a sufficient number; of Inunigrants require to have lands granted to them, the Governor and Exeentive Committee may contract for the purchase, in fee simple, of lands in the proximity of estates, where- on Immigrants are located, or other lands suitable ; the title to be taken in the name of H. M. ; and the Governor may, with the like advice, grant any lands, or the right and title of H. M. to any lands which have be- come forfeited for non-payment of land tax, or quit rents, or otherwise, for the purposes of this Act, SS V., c. 1, s. 75. Every Indian Immigrant who has completed an indnstriail residence of S years, at the least, desirous to commute his right to a back-passage for a grant of land or money, shall be entitled to claim, through the Agent- General, a grant of 10 acres of land, purehased as aforesaid, and a grant or patent for 10 acres shall be made out and given to him, and he be put into possession by the Agent of the District ; and the Governor may, at the request of the Immigi'ant, direct payment of a money equivalent in hen of the ■Whole or a portion of the land, in which case a lesser quantity only of land, as may be agreed upon, shall be granted ; but no Indian Immigrant Bhall be entitled to each grant or money-payment, until he has completed an industrial residence at least of 5 years. The provisions of this section shall have no effect until her Majesty's Government sanction the principle of commutation, 22 V., c. 1, s. 76. The Governor, with advice of the Executive Committee, may give or grant to any Immigrant whatsoever, by way of reward for meritorious con- duct, not exceeding one acre of land, for each year of industrial residence 267 Other AppTOpria)- tioTista further Im' migration 'Fund Aooount 186L Return paHsa^fl, &c. ; colonizatloa fnuA Chineae, 23 T., c. 29, s 10 Liberated A.M-- ca«8, 35. v., 0. 19, B. 7 Furehaaes oflaod Commutat 1 o n i toT bnok-pasiag* Oranti as rawanto Szemption from tftZSt PermlBBlre 'oocu- patioiiof landa Eecovery of po»- ■esiion 268 IMMMRANTS. under indenture, in consideration of faithful performanca of duties thereun- der, 22 v., 0. 1, s. 77. D 1 • K 1' B m • to Grants and Patents shall have annexed a plat or d'agratn, laid out after f'"" actual survey by the Crown SuiTeyor of the County, 22 V., c. 1, s. 78. Cojtof tills The cost of surveying shall not exceed 30s. for every 10 acres, 22 V., c. 1,6. 79. To bB aoliTsreJ Such landa shall be discharged of all arrear of land tax and quit rents, hmi °ta *"nd"oxf ^""^ ^^^ grant and survey made, and all the expenses paid atlhe chai-ge of the pin»» of title" "" " Immigrants' Colonization and Keturn Passage Fund," and recorded and de- livered to the Immigrant free of expense, which expenses to be paid under tho Governor's warrant by the Eeoeiver-Geueral, 22 V., e. 1, s. 80. Persons receiving a grant or patent of land shall be exempted from all direct taxes, charges and assessments, public and parochial (taxes by way of License or on wheel carriages, horsekind or horned stock excepted) for 3 years after, 22 V., c. 1, s. 81. The Immigration Agent, with the sanction of the Governor, may permit -any Immigrant, during mdustrial residence, to occupy, any lands purchased or acquired, for such time and on such' conditions as the Governor shall de- termine, 80 as not to interfere with the discharge of his services, and no such Immigrant shall be liable to any direct public or parochial tax or charge in respect of such permissive occupation, S« V., c. 1, s. 82. At any time after the expiration of 30 days after notice in writing, signed by an Immigration Agent, requiring the delivery up of possession of any land he may have been permitted to occupy has been served upon any Immigrant, or upon his wife, widow, child, or other member of hisfamily, of the age of 16 years or upwards, or in case no person be found in the oc- cupation, then after the expiration of 30 days after notice affixed to and left upon some conspicuous part of the premises, if possession has not been de- livered up agreeably to the requirement of such notice, the Immigration Agent having first summoned the defendant to appeaf before him, maLy, by warrant underbis hand (form No 12), order any Policeman, Constable or Peace Officer to enter upon any such lands, and any dwelling-house and buildings thereon; and remove every person found thereon or therein, together with his good%^ and put any person, appointed by the Immigration Agent, in possession ; an4^ any Immigrant or other person who, after possession has been so obtained} either by voluntary delivery or compulsory process, knowingly takes or holds possession of any such lands, shall, on conviction, be liable to be im- prisoned, with or without hard labour, not exceeding 3 months, 22 V., c. 1, B. 83, The Forms in Schedule or Forms to the like effect shall be valid, 22 V., c. 1, s. 84. Short Title, " The Immigration Act, 1858," 22 V., c. 1, s. 86. Chinese Immigbants introduced at Private Expense. Upon the arrival of any ship having Chinese laborers on boai'd, the Immi- gration Agent-General and Health Officer shall forthwith proceed on board, and, with the assistance of such officer, ascertain, by personal inspection of the vessel and passengers, and papers furnished the Master under the " Chinese Passengers' Act, 1855" ot the Imperial Parliament, whether its provisions have been complied with or not, and report to the Governor on the state of the vessel and treatment of the passengers, and whether there appear to be grounds for proceeding against the Vesssl or Master, and upon all other such matters as the Governor may direct, 22 V., o. 2, s. 1. The provisions respecting contracts are superseded by 25 V., c. 35, B. 8, which see infra. " Chinese introduced by the Island Government," ex- cept as herein set out. Tlic oontrHc.t, on airival, shall be submitted to the Agent-General, who may nmke aitei-aliona for llie benefit of the laborer, to make them coiu- lormable to the conditions, and record and countersign them i and no con- tract or altered contract shall be binding on any laborer until so counter- sisiied. Evei'v coiiti-aot shall be deemed an indenture, and, dniing its cur- rrnoy, eveiy Cliinese laborer an Immigrant wilhin i2 V,, c, I, 22 V,, o. Torms Short tltli Inspootion e n board ship IMMIORANT,?. 2G9 If it is estHblinhed liefore any Sub-Agent oi- loBpector of Imniigranla, c«n«raiiB 01..1 on complaint by any Chinese laborej-, Hiat lie is not provided by liis em- j" v'^'o'sTTi '" ployer vvitli sufficient worlc to enable him to eai-n a just tnnounl of wages according to the current rate under his contract, he shall report the same to the Governor, who shall declare the contract to bo cancelled, and there- iipon the Immigr'ation Agent, with the sanction of the Governor, shall cause tlie laborer to be indentured to some other employer on the terms, as near as may be, of the contract, for not exceeding the unexpired period of his term of service, 22 V., c. 2, s. 1. AU sums received by the Agent-General from any Chinese laborer under s. 3, shall 1(6 paid by him to the person who defrayed the expense of introdnction, subject to a rateable deduction, in case the Government paid any part of the expense, 22 V., c. 2, s. 5. " Governor," " Immigration Agent-General," " Written Contract," intorpntsuoii " Plantation" and " Employer," shall bear the meaning assigned in 22 V., c. 1, 22 V., c.2,s. 6. Chinese introduced by the Island Goveusment. ' The provisions of " The Immigration Act, 185S," (22 V., c. 1), " The Act» oxtendaci to Immigration Loan Act, 1858," (22V.,'c. 3), aiid "The Immigrants' Indus- trial School Act, 1858," (22 V., c. 8), applicable to Asiatic Immigrants, ex- tended to Immigrants introduced, by the Government of this Island, and to Immigrants and other children introduced under this Act, except as altered hereby, 23 V., c. 29, s. 1. Chinese Immigrants shall be distinguished as a separate c\am by the d i » t injuuhioi letter G, and numbered, commencing No. 1, in regular numerical nrogres- '"""' sion, 23 v., c. 29, s. 2. Their indentures shall be made in conformity with their contracts pre- inaenturei vionsly to embarkation ; and the Form of the indenture, 22 V., c. 1, Scued. No. 4, altered accordingly, 23 V, c. 29, s. 3. Notwithstanding anythi'jg to the contrary in any Act relating to Chi- i-'oiiiitract 5 years nese Immigrants, all wrirten contracts for the performance of labor or Bervioe of agriculture in this Colony, made by or with tlie authority of the Emigration Agent, in China, with any Cliinese Immigrant, shall be binding on the parlies for the period named, not exceeeding 5 years from the day of landing, and shall be signed with the name or marks of the con- tracting parties, or of persons lawfully acting on their behalf, and attested by the Emigration officer at the port of embarkation, who shall declare that the Immigrant parties signed the same voluntarily, and with a due un- derstanding of their effect ; and every signature purporting to be that of an Emigration Officer, shall be held "to be genuine without proof, but per- sons disputing it may prove the siraature is not genuine. Every contract shall conform to the following conimrions : 1 The Contract shall secure the Immigrant the same rate of wages, for the ConaiUom same proportionate quantity of work, as may be paid to unindentiirei laborers working on the estate or otherwise, and secure to the Im- migrant wages at the rate of 4 dollars per calendar month with suf- ficient food, on condition that he works 7J hours each day except Sun- days, with a reservation of 5 holidays in each year to be fixed by the Governor. 2. It shall bind the employer to furnish to the Immigrant, free of charge, suitable lodging, and, when sick, suitable and sufficient medicines and nourishment, medical attendance and hospital accommodation. 3. Authorize the employer to deduct 1 dollar per mensem from the wages of any such Immigrant, in re-payment of any advance certified to have been made to him in China by the Agent, and also to deduct from the wages of any Immigrant who may assign a portion to any party in China, a sum equal to such portion m each month. 4. The contract may be terminated by the Immigrant at the end of each year from the commencement, on payment, for each unexpired year of the tei-m, of a sum equal to one-fifth of the amount paid for his passage ; and the Immigrant may change Ms employer at the end of the third and fourth years. And all provisions in any other Act to the like effect as any foregoing^ aondition shall be read as herewith consolidated, 25 V., c. 35, s. 8. 270 IMMIGRANTS. Certlficuta of lu- duairial ruaideoca PaymontB In China Females and children under 12 free eettlers Age Lbow deter- mined Froportlon of wo- men and children Agent General's return to Include Chinese Fund to meet ex- penses of introdu- cing women and children Any Chinese Immigrant desiroue of detorniining his Indenture, on pay- ment to the Agent-General (of the necessary sum under ji5 V., c. 35, e. 8, part 4), shall be released absolutely from indenture, and be immediately en- titled to a certificate of iudusti'ial residence,- 23 V., o. 29, s. 4. If any indenture contain a stipulation for payment of any portion of wages for the benefit of the Immigrant's parents or family in China, the same shall be retained, by the employer, and paid by monthly instalments through the Immigration Agent, into the public treasury, to be transmitted to an Agent in China, forpayment to the proper persons;" and the Governor may make the necessary regulations for giving effect to this provision, 23 V., c. 29, B. 5. Payment of such moneys may be enforced in the summary manner, pro- vided by 22 v., c. 1, 8. 68, and. the warraiat of distress and sale may be signed by the Agent-General, or Sub-Agent. Form : — Whereas default has been made in payment of the portion of wages of Chinese Immigrants located on estate in the par- ish of reserved to be paid to me for transmission to China for the benefit of their parents, or families, that is say monthly instalments to the day of instant of each equal to under indenture dated the day of One thousand eight hundred and with an Immigrant named (G. 15) as also monthly instalments to the day of each equal to under indenture dated the day of One thousand eight handled and with an Immigrant named (G- 18) which several instalments amount in the aggregate to the sum of These are therefore to command you to levy the said sum of by distress of any goods and chattels to be found upon the said estate in the said parish upon which a landlord might distrain for rent in arrear, and if within fourteen days next after such distress by yon taken, with or without frevious appraisement, the said sum, and the charges of distraining and eeping the same shall not be paid, then that you do sell the said goods and chattels, so by you distrained, and out of the money arising from such sale, that you do retain th e charges of distraining, keeping and sel- ling the same goods and chattels, and pay the said sum to me, to be ac- counted for under the provisions of tne " Chinese Immigration Act, One Thousand Eight Hundred and Fifty Nine," or any other Act in force rela'ing to Chinese Immigrants, retui'ning the surplus, on de- mand, to the proprietor, overseer, or manager of the said Estate. Given under my hand, this To any Policeman of the parish of day of 23 V., c. 29, s. 6. Every Chinese female and child under 12, introduced, who shall not be bound to serve unuer indenture, shall be deemed a free settler, and the ex- pense of introduction paid .in thefirstinstance, outofthe moneys raised under 22 V., 0. 3; 23 V., c. 29, 8. 7. The Agent-General shall determine the age of every child, supposed to be under 12, according to the report or return of the Agent in China, nr otherwise, according to the best evidence on information he can obtain, 23 v., c. 29, s. 8. The proportion of Chinese women and children under 12, to be intro- duced, with reference to the number of male Immigrants, shall be such as may befixed by II. M'p. Government, 24 V., o. 16, s. 4. The returns of Immigrants to be furnished by the Agent-General, on or- before 10th November in each year to the Governor and Eeceiver-GeneraJ, [22 v., c. 1, s. 7], shall contain Chinese Immigrants, at the~time of their introduction, bound, or liable to serve under indenture, and also Chinese women and children introduced under this Act, within the previous 15 years, alive in this Island, on the preceding 30th September ; and the re- turns as to such women and children shall oe made in such form as the Governor directs, and a like sum as is required to be carried to the credit of " The Immigrants' Colonization|and Return Passage Fund," for every Immi- grant within the 22 V., «. 1, shall be parried to the credit of the same fund, IMMIGRANTS- 271 fof everv Chinese Immigi-ant, woman and child, appearing bv the retnfti to have been bo introduced (and alive,) out of any unappropriated public moneys, and the amount appropriated and invested, and the intt-rest aceu' mulated as directed by 22 V., c. 1, s. 72, to form a fund for paynv nt of the pnnoipal and mterest of the moneys to be raised for introducmg each Chinese women and children, 23 V., c. 29, s. 10. " Immigration Agent," " Immigrant," " Asiatic Immigrant," " In- lotMpr.t.tlmi denture and "Employer,' shall have the same meaning as is assigned by " The Chinese Immigration Act, 1859," 23 V., c.29, s. 12. s^ori title _ All moneys received and paid over by the Agent-General to the Re- Appropriation oj ceiver-Geueral, under 23 V., c, 29, shall be carried to the credit of "The ■»<>»«.»» "ceiroii Fui-ther Immigration B'und Account, 1861," 24 V., o, 16, s. 21. forChinow LibekatEd Afmoans, ' In the absence of orders in Council, and until some other Officer, civil , or military, is appointed by H. M., the Agent-General of Immigration shall, """•""'■ onder the Governor's orders, previous to condemnation, receive, protect and provide for, and, after condemnation, indenture persons condemned under the Statutes for the abolition of the Slave Trade, not enlisted as soldiers, sailors or marines, whatever their age, to any employer, within 22 V., c. 1 , upon the terms therein authorized ; and any indenture by the Agent- General shall be of the same force as if the party had himself, when of full age ej;ecuted it under that Act ; and such persons may be re-indentured, and their services pass and be transferred in like manner as the services of indentured Immigrants, provided the person to whom the Estate is aliened, demised or devised, signify, by endorsement npon the indenture, his willingness to become the employer, or, in case, of ^efasal, they may he re-indeutnred, 22 V., c. 4, s. 1. None shall be indentured or re-iudentared longer than 3 years, or until Dutntlra he reaches 18, 22 V., c. 4, s. 2. When supposed to be under 18, the Ageaot-General, shall fix the ago at the date of the indenture, and endorse the same thereon, and, in default, the indenture shall determine at the expiration of 3 years, S22 V., c. 4, s. 3. Subject to the jarisdiolion under the Statutes of the Court of ViccAd- . miralty, eve^such person when indentured, and his employer, shall be nv.J" ' amenable to &i V., c. 1 ; 22 V., c. 4, s. 4. The Governor, with the advice of the Executive Committee, may, by Advonces for warrant, direct the Receiver-General to advance from the Treasury any maintenaDcs money, required for the maintenance and support of such persons previ- ously to condemnation and indenture, 22 V., c. 4, s. 5. All such persons heretofore or to be brought into this Island after con- Naturalization demnation and indenture, shall be deemed natural born subjects, and ca- pable of holding and transmitting real and personal eistate, 22 V., c. 4, s. 7. The Governor may direct payment out of the funds available for the introdnction of Immigrants, of all expenses to be incurred from 1st April, mfy'S'to't'Suiaiana 1862, in the reraovaFto this Colony of libeiated Africans from the places of uberateii Afi■^ where originally landed, including expenses reasonably incidental to their "'"" protection and care after arrive, and before assignlnent to emplovers, 25 v., c. 19, 8, 1. Eveiy liberated African so iritroduced, may be indentured by the Im- migration Agent to any employei- the Governor thinks fit, for not exceed- tion s^otTfa o°t™^ jng 3 years, or sueh time as may elapse until 18, but not to take effect i8fi4, aes 27 v., B. 3', until the Employei and Immigrant, or the Immigration Agent on his behalf, "• ^' •• ^' has exeoutea an Indenture, 22 V., c. 1, Form No. 4, or in such other form as may be approved by the Governor, 25 V., c. 19, s. 2, When supposed to be undei- 18, the Immigration Agent shall, ac- cording to the oest evidence or information he can obtain, fix his age at ■*'" the date of the indenture, and endorse the same thereon, or,, in default, the indenture shall determine 3 years from the date, 25 V., c. 19, s. 3. Every Employer shall pay to the Immigration Agent all expenses for food and lodging as provided by 24 V., c. 16, (s. 6) in respect to other p»*mmt '""""^ Immigrants, ancT £1 10s. in advance for the Ist year's service, of every liberated African of the age or supposed age of 18 or upwards, and 15» g72 IMHinHAS't'S. ill advahfte for tl:e l»t. yfeilr's service of every African andel' tLat age, ill'" cliidc(i iu Biicli indenture, and shiill also enter into cohtract in form simi' lar to Form 24 V., 6. 16, mutatis nuitandi«, for payment of £1 10s. in ad- vance for eacli subsequent year 6f service for each African of 18, and ISs. in advance for each subsequent year for each under that age, until he attain such age, to be paid on the day next after that of the expiration of tlie jjevious year ot service, as provided in respect of the annual pay mentB for other Immigrants, 25 V.,c. 19, s. 4. AMcnn. mtrodu- guch annual payments shall not be payable in respect to any liberated jea^bcfo™ 1 Apni, Africans introduced free of Cost prior to 1st April, 1862. All such Africans may be indentured according to tlie other provisions of this Act, but the Employer shall not be required to enter into contract, nor be liable for payment of any moneys further thnn the cost of their maintenance and support, and incidental to their protection and care, between the period of arrival and being indentured, the amount to be tixed by the Got'emor, and collected by the Immigration Agent, from the Employer at the time of entering into indenture, 25 Vi, c. 19, s. 5. Psymiinu lo 1)6 All moneys to be paid by Employers shall be paid over by thelmmiJ KrofSrii'iCTimmi'. griitioii-Agent" to the Receiver-General, to the credit of " The Farther Immi- gration funa ao- gration Fund Account, 1861," by 24 V., c. lb, established, 25 V., c. 19, s. 6. count, 18(31 To bo inciiiaed ih "^''^ Immigration Agent shall include in the return tmder 22 V., c. 1 , s- Kmmm letmn un- 71) all Liberated Africans introduced -within 10 years preceding the date; aer 2-3 v., o. 1, ; 71 and the like sum of 20s, and from the like moneys, shall be appropriated, an- nually, on account of every such African alive in this island at that date, as is required on account of any other Immigrant, to the credit of " The Immi- grants' Colonization and Eetnrn Passage Fund," and invested and accumu- lated, 25 v., c. 19, s. 7v Fiii'timi lubioot to Every Employer and Indentured African, shall be entitled and subject Iinmigratiou Aom to the rights, privileges, duties, obligations and penalties in any Act now, or to be in force, relating to Immigrants, and their provisions observed and en- forced as to the recovery of annual and other payments, and in every other respect, except any right to a return passage, and as otherwise provided, 25 v., c. 19, B. 8. CBrtinonie of in- Everv Liberated African, after residence of 3 years, or such other time duiitriiii rosidcncv 39 shall elapse uiitil he reach 18, shall be entitled to demand from the Im- f [ration Agent, a certificate of industrial residence, unlessjit be recorded in lis office, or otherwise appear that he has deserted or ' absented himself ftom service, otherwise than from illness, while under indentur.e, for periods amounting together, during the term, to more than 3 months, in which case heshallnotbe -entitled to such certiiicate untiihe has fm'ther served under indenture for the period of absence or desertion, or given a money com- pensation in lieu, 25 V., c. 19, s, 9. Kaduced rntm 30i Employers of Liberated Africans, already or to be indentured, shall '"Hilif-yeniT P^y ^'"' "'^a' services at the respective annual rate of 20b. and 10s, in lieu of 30s. and ISs, to be made in half-yearly instalments, 28 V., c. 3, s. 1. Tiraeso/pajmont The first payment in the case of those already indentured shall be made six months after the termination of the current year of service, and in the case of those hereafter indentured, six months after the date, 28 V., c. 3, 8. 2. EnforcoBient Every instalment, in case of default, shall be recovered with the like power, and by the like proceeding as the charge or rate reduced, except that )t shall not be payable or recoverable in advance, 28 V., o. 3, s. 3. Refund of onyei- '^'^^ Eeceiver-General shall, on the warrant of the Governor, refund «asa of payinmu any excess of payments beyond the reduced rates, wliich may be ijiade after the passing, but befpre the coming into operation of this Act, 28 V., c. 3, s. 4. Incorporated with Act to be read as incorporated with a part of any other act in force •tireraotj relating to Liberated Africans, 28 V.,c. 3, s. 5. Bw«i auant ^"^ ^° "''"'® ™'° Operation until the Royal assent ha« been signified and proclaimed, 28 V., c. 3, s. 6. IMMIGRATION. Immigration after 12th October, 1864. After the coming' into operation of this Act, (12th October, 1864) the Immigration Agent may aesigu, under the provisions of .22 V., c. 1, as hereby modified and extended, for not exceeding 5 years, the services of any Indian Immigrant Laborer, aged 12 years or upwards, to be introduced by the Government ; and the period of sei vice shall be Computed from the date of arrival, or, having been under 12 when he arrived, from the period of his attaining that age, as nearly as can be asceitained, 27 V., S. 2, c. 5, s. 1. On compliance with the terms of his indentm'e of service for 5 years, by any Indiau Immigrant subject to indenture under this Act, he shall be en- titled to a passport, having the effect of that provided for under 22 Vic, c. 1 i ♦ 27 v., S. §, c. 5, e. 2. Deserters or absentees for any other cause than illness, for periods, or a period.of more than one month for each year of indenture, shall not be en- ■ - titled to a return passage, as provided by 22 V., c. 1, until they have further served, under indenture, for the period of absence or desertion, unless they give a money commutation in lieu, as thereby prescribed regarding indus- trial residence, 27 V., S. 2, c. 5, s. 3. The form of passport may be varied from that of 22 V., c. 1, by substi- tuting the ^ords " having completed a service of 5 years under indenture aocorlmg to " The Immigration Amendment Act, 18"64," for " having ob- tained his certificate of industrial residence," 27 v., S. 2, c. 5,5. 4. Tlie Governor may grant a free return passage to any sucli Indian Im- migrant under this Act, who, from sickuess, accident, or other cause, ap- pears to him incapable of labor, 27 V., S. 2, c. 5, s. 5. All Liberated Africans to be bereaffer uitroduced (12 October, 1S64) shall be divided into two classes, the first to include tiiose who, upon iu- Bpection of the Immigration Agent and Healtli Oiticer of the Port, are con- sidered of or above 15 years of age, the second; those under 15, 27 V., S. 2, c. 5, s. 6. Those of the 1st class shall be indentured to the employer to whom they may be allotted, for 5 years. The Governor and Executive Committee inav discharge any indentured Liberated Africans at the expiration of 3 years fi'om the date of indenture, and upon doing so, sliall lelease their em- ployers from the proportionate part of the annual charges payable by them, W, S. 2, c. 5, 8. 7. Those of the 2nd class shall be indentured until 20, aecordiiiij to Form D, or such other as the Governor and Executive Committee umy direct. Those of the 2nd class shall be allowed one afternoon besides Sunday, in each week, to be appointed by the Governor, for receiving education and religious in- struction. Any Manager or person in charge ot an estate, preventing the at- tendance of any such African, at any scliool, on any such afternoon, or obstnioting the minister of the parish, or any minister of religion, or licensed schoolmaster, authorized by the Governor in visitmg and instructing any Bnoh African, or neglecting or refusing to provide a fit place, if requu-ed by the Inspector of schools, for the communication of such instruction, shall for- feit 20s to be recovered on complaint of the Inspector of schools, or any one authorized by him, in writing, 27 V., S. 2, c. 5, s. 8. Every enactment except s. 2 and 3 of 25 V. c. 19 . providing for the in- troduction of Liberated Africans, shall apply to both classes, the age ot 15 be- ins substituted for 18, and the indenture, by this Act directed, beiiig followed for Liberated Africans of the 2nd class, and in respect to their rigl^t to certi- ficates of industrial residence; the term of 5 years substituted tor 3 years, 27 v., S. 2, c. 5, s. 9. The Governor in Executive Committee, may appoint Interpreters for carrying out the Immigi-ation Acts,_ not ^exceeding one m^6ach(hs^^^^^^^ 273 Indians to be a«- Bignecl for 6 year's Children under 12 Passport Deserters — return ^a scale of pay and allowance to be defrayed out of tie Immigration Fund Anv ImmiRrant liable to indenture, or indentured Immigrant, with the con sent of hislmployer, shall be eligib e and,, if appointed, his services, pro tern tiOTe shall be taken in lieu of industrial indentured service, 27 V., S g, e. 'S, ». 21, L L Form of passport Free return sages Liborntoil Afi-i cnns ulassif.calion Intclass indenture 2iid cliiBS iuden ture. Time for ed- uciition and religi ■ ous iuetruction Gxtcsniiiiui of 2o ",, c 19 to Interprelera 3^4 IMMIGRATION. Not to »«fcctiiro- Not to affect any contractor requirement in relation to industrial ser- SrVc""'"""' vice, and its incidents, ae to any Immigrant introduced previously to thepass- ■' ■ ingofthis Act.27 V.,S. 2, e.5, B. 22. Short title The Immigration Amendment Act, 1864, 27 V., S. 2, c. 5, s. 23. Except as modi Except SB by this Act modified, extended or altered, the Acts relating ftod, &o., previous jg Immigration shall be read as part of, or incorporated with this Act, and Aots .noorporatea ^^^^^ continue, or be appUcable to Employers and Immigrants, 27 V., S. 2, c. 5, s. 24. Notice to persons requiring immi- grants, 32 v.. c. 1, a. e FORMS 18 Proprietors, or Managers of Estates, desirous of indenturing Immi- grants on their arrival in this Island, are requested to notify to me the name a;nd residence of the Proprietor, the Estate on which it is proposed to indenture Immigrants, the number of Immigrants wanted for such Estate, the particular description of the building or buildings, in which such Immigrants are to be located, and the countrv or place from which the Proprietor is desirous such Immigrants shall be intioduced ; such notification to be in the form annexed to " The Im- migration Act, 1858," or as nearly thereto as circumstances will per- mit, otherwise no attention will be paid to the application. A. B., Agent-General of Immigration. Application for immigrants, 32 V. , c. 1, s. 9 ; 24 V- c. 16, a. 2 Sir, 18. Pursuant to the notice in the Gazette by Authority, dated 18 , I beg to intimate to you, on behalf of my con- stituents, A . B., of C. D., of &o„ (describing each Proprietor) the Proprietors of Sugar Estate, oi^ otherwise, (according to the nature of the propei-ty, naming it) in the Parish of , that they are desirous to indenture on that Estate Immigrants to be introduced from (here specify the class of Immigrants, and . country, or if desirous of the services of any description of Immigrants " any country or place the Governor may think proper") and on be- half of my constituents, I hereby express their willingness to accept the services of so many of such Immigrants as shall be allotted to them, not exceeding the number above applied for, upon the terms and conditions of " The Immigi'ation Act, 1858," immediately after the arrival of such Immigi'ants, or that they will forfeit and pay to the Agent-General of Immigration for the time being, a sum equal to one pound for each year every Immigrant allotted to them would otherwise be indentured to them, together with the cost of food and lodging incurred by the Island between the time of the arrival of every such Immigrant and the transfer of his services to some other person, to be ascertained and fixed by the Agent-General of Immigra- tion, and the description of the building in which the Immigrants are to be located is as stated hereunder. My power of attorney bears date (specify date) and is recorded in the Secretary's Office, libro fouo I am, &c,, E. P., Attorney to the above named. To G. H., Esquire, Agent-General of Immigration. I&IMIQItATIOHi 1875 .9 ■SHHVWSa •}jodBSBj JO aq'Ba •oanapiBBg iBi.T)8np ■ni JO 9iBog;riao jo a^BQ: ■q?Baa JO a?Ba ■BaS^^^i JO }no predaj aq o} saonBApy •pajBoox qoiqAs. no a^B^sg •paitunapni raoqM. oj;. •paDiip -oj?ui astradxe asoqM %Y "ion JO aSBSBBj nrnj -ag B 0} papiqna .taqjaqAV ;uoi% -Bjjodrax JO isoD aSBJaAV •aSBBBBJ JO ((SOO •iaBH9A •peddiqg aanaqii. aoBU ■1BAIMV JO ainii .ijjnnoo •xag •aSv " "'inB-tSinnni jo aniB^ ■.laqratiii ojiiq ■jaqiaq: SmqsinSnijBiQ <4rid|:i^ii; Cj Bwilpr, Si v., (I,9S,"». 18) M V,, g'^ ' . U •S— «■ IS S g* .5) §1.5) — n S ED cH tj a S a ?3 p " oooooo°w r-i cri eo -^ lo to »^* @t6 ZMMIGHATION, Jamaica, ss, Indenture, S2 V., c. 1, s. S This indentui'e made the day of , 185 . between A. B., Immigrant laborer, (A. No. ) or C. D., Immigration Agent of this colony, on behalf of A. B. &o., of the one part, and E. F. of in the said Island of the other part^ witnesseth, That in virtue of " The Immigration Act, 1858," and m considera- tion of the covenants on the part of the said E. P., hereinafter contained, he the said A. B. doth hereby bind tdmself to the saijl E. P. for the term of years, to be computed from the date hereof; and doth hereby covenant with the said E. P., his heirs and assigns, that he the said A. B. will, during the said term, or the continuance of these presents, truly and faithfully serve the said E. P., his heirs and assigns, as laborer on estate, in the parish of , according to the ■ laws and regulations made, or hereafter to be made, concerning Im- migrant laboref s in tliis Island ; and ihe said E . P . doth hereby - covenant with the said A. Ji. that the said E. P,, will, during the said term, or the continuance of these presents, provide the said A. B with suitable snd sufficient lodging, medicine, and medical aiteu-' dance, (a) and during three months from the date of this indenture' with food and clothmg, according to the annexed scale i and such medicine, medical attendance, food and lodging, shall be in conformity with the laws or regulations made, or hereafter to be inade, concern- ing Immigrant laborers in this Island ; and also will pay wages to the said A. B. (b) during the next three months, at the rate of per diem, and after, the expiration of three months at the same rate which may be at ' the time paid to the laborers not under written agreement, working on said estate, according to the quantity of work performed, being at t^e rate of,not less than per subject nevertheless to deductions, at the following rate, per (" week" or " month," as the case may be,) viz ; — " £ Medical Attendance Lodgings Ke-payment of Advances, amounting in all to Total deductions per (week) In witness whereof, we have hereunto set our hands. A.B., or CD. B. P. N. B. — The passages between brackets, lettered (a) and (b) may be omit- ted, if the Immigration Agent shall see fit. If they are inserted, the Immi- gration Agent must add a scale of food. lUMIOBATION. 277 Betornforthe^eareommenoing UtOotober, 185 , endlngSOtb September, 189- of the entire number of Immigrants located on Estate, in the parish of " . . , the property of "distinguishing letters of class. BeturnSi 32 V,, 1, B, IT Number at last Eetnrn . Increase by Birth " byTransfer from other Estates " by Return of Deserters absent at date of last Return Decrease by Death " by Transfer to other Estates " by Desertion A B c D E P 1 0) 1 i 1 1 fan 1 ^ 1 ^ 1 1 1^ ' SPECIFICATION OF BIRTHS. Sex. 1 is Distinguish- ing Letter and Number. ■3 "S er Distinguish, ing Letter and Number. fe a ;z; H Specification of Deserters Returned, who were Absent at Date of last Re- turn. Names of Desert- ^ ers. Sex. Distinguishing Letter and Num- ber. Date of Deser- tions during Year. Date of Re- turns dur- ing Tear. g78 IMMI&BATIOH, SPECIFICATION OF DEATHS. Names of De- Sex. DiBtinguiB^iug Letter and Number. Datd of Death. Cause of Death. SPECIFICATION OF DESEETEES DUEING THE TEAE. Names. Sex. Distinguishing Letter and Number. Dates of Deser- tion. Dates of Re- turn during year. I, A. B., owner of Estate, the property of -do hereby declare that the above five returns contain, to the ibest of _my know- ledge aJhd belief, returns of the number of ' Imririgrants on the said Estate, on the Ist day of Octgher, 185 ', the date of the last return, and on the 1st day of October, fe5 , -as also of the increase and decrease since the last return, arising from births or deaths, trans- 'fers from, or to other Estates ; the return of deserters absent there- from On the preceding 1st October, but who afterwards returned to the Estate ; as also of cases of desertion from the Estate during the year ending 30th Septembei?, 185 - A. B. Declared by the above-named A. B., before me, ) this day of 185 5 J. P. CertlActt* of tfl- dulrial niiduce, UV., >. 1,1.31 These are to certify, that (A5J1), an Immigrant introduced into this Island from , on the day of 18 ,, taving served under indenture for the full period of , years of industriarresidence, is now at liberty to abandon . service, • and is freed and discharged from all obligations of industrial residence or of service, except the obligation to ' obtain a passport, previous to his leaving the Island, under " The Immigration Act, 1858," or any other Act relaling to Immigration. (Signed) A. B., Agent-General of Immigrants, (or as the case may be.) Fasipoit, 39 V.^ c 1, •. 33; 37 V., S, 3, c. 6, ■. 4 These are to certify that (A 21), an Immigrant introduced into this Island from , on the day of , having ob- tained his certifiQate of industrial residencOj and having applied to me for a passport, is entitled to depart from this Island ; and the master or other person in charge of any vessel, is hereby authorized and empowered to receive such Immigrant on board his vessel, for the purpose of carrying him off this Island, taking from the said Immi- grant this passport, and depositing the same with the officer of Her Majesty's Customs of the port from which the vessel may clear, in \ IMMIGRATION. \ g^g order that the same may by such officer be returned to the iAgent- ' General of Immigration to be cancelled. A (Signed)-. ' A . V .«- .' [Or having completed a service of 5 years under indenture, a^ipordiiiK - to " The Immigration Amendment Act, 1864,"] 27 V., S. 2, 07^,8' 4. I do hereby certiiy, that (A. 22) an Immigrant introduced into this j„ „ c i « an Island fi-om , hath been by direction of -the Governor, ex- ••■■■•' empted from further industrial residence, in consequence of (state the cause). • ■ ', We A. B., aildC. D.,of, &c., by G .H.^ of '" our true and lawful Conimct tor pay- attorney, duly authorized in this behalf, do hereby contract and en- ™""J "' "JfP™™- gage with the Agent-General of Immigration, or the Sub-Agent of the 35 v.'.'cfas, s. °' ' district vpherein the parish of shall be situate, for the time be- ing, in respect of (A. 21) an Immigrant from indentured to the said for years, by indenture of equal date herewith, and located on estate, in the said parish of to pay to such Agent-General, or Sub-agent for the time being,, at the rate or* one pound ten shillings in advance for each year of service, subsequent to the first year during which such mdenture shall continue in force, the first of such annual, sums to._be paid on the day of 18 ■ dhcl the moneys liereby intended to be secured shall be deem- ed a prior charge upon the said. estate, and shall be recovered and enforced under the provisions of " The Immigration Act, 1858," or any other Act in force relating to Immigrants. As witness our hands, this day of C D s ^y ^ ■^•' *^®''' 8/ttomey. Whereas" default hath been made in payment of the several instalments AUUiorit;r to Idls due, under contracts entered into, by A. B. of C, D. of ^Jjj, /JJ jj*'"'". ' ;&o.-, in respect of Immigrants located on Estate, in the c. is, ». 7. ' f>arish of that is to say, an instalment of one pomid,t ten shil- ings,. payable in advance for the year to end on the - day of under' contract, dated - day of in respect, an Im- migrant named (A. 21 ) an instalment of one pound ten shilUngs each , payable in advance for the year to end on the day of under contract dated the .;day of in respect of three Immigrants named (B. 21) (B. 22) (B. 23) and which several- instalments amount in the aggregate to the sum of pounds : These are therefore to command you to levy the said sum ol pounds, by distress of any goods or chattels to be found upon the said 'Estate, in the' said parish, upon which a landlord might dis- train for rent in arrear ; an,d if, within 14 days next after such dis- tress by you taten, witli or without previous appraisement, the said sum, and the charges of distraining and lieeping the same shall not he-paid, then that you do sell the said goods • and chattels so by you distrained, and out of the money arising by suiSh sale, that you do pay the said sum of pounds to me, to be accounted for under the provisions of " The Immigration Act, 1858," or any other Act or Acts in force relating to Immigration ; returning the overplus, if any, • In case of children under twelve years of age, the rate should be stated at fifteen shillings per annum for each child. N. B. If the Immigrant has been re-lndentnred, insert " originally in- dentured to by indenture dated the day of and then located on Estate, but now re-indentured to the eaid for years, to be located on Estate, in the said parish, by inden- ture of equal date herewith," and proceed as above. N. B. If the re-indenture is only for one year, no contract for pay- ment of expenses will be necessary, as the year's instalments will be paid in advance on execution of the re-indenture, t Or "fifteen shillings," iu caae of a ehiU under twelve yeare ot age, 289 > Authority to dis- train after neglect to eoter intoi^ea- tnre, 24 V., c 16, b 7 / IMMIGRATION. On demand, to the Proprietor, Overseer or Manager of the said Eatate, .after retaining the charges of distraining and keeping such distress. 6iven under my hand, this day of '" To any Policeman of the parish of 18 Immigrants from having; been allotted to A. B. "C. D. of, &c., for the purpose of being indentured on Estate, in the parish of pursuant to their application of date day of (through E. F., their attorney), to 6. H., Esquire, the (then) Agent-Generalof Immigration, the said have neglected and refused to enter into indenture, and con- tract in resjiect of such Immigrants, and have forfeited and become liable immediately to pay jhe sum of pounds, being the amount which they wouldf have' been required to payj and enter into contract to pay, if they had entered into mden- ture and contract in respect of each of such Immigrants, in accordance with such apphcation, and have also forfeited and become liable to pay the further sum of pounds, which I have ascertained and fixed as the cost of food and lodging of such Immigrants, incurred by the Island between the time of theu- anival and the transfer of their services, and which several sums amount in the aggregate to the sum of< , which forfeiture and sum of £ His Excellency the Governor has been pleased to miti- gate and reduce to the sum of (if such be the case). These ai-e therefore, &c., as in the preceding form, filling up the amount to be distrained for, with the full amount of forfeiture, or the mitigated sum, if the same shall be reduced. Contract tv i t h Chinese laborer introduced at pri- vate expense, 32 v., 0.2 See 25 v., To be fllled up by the Bgent of the party introducinsr the laborer Hospital Regis- ter, 27 v., S. 3' e. 6, 1. 11 It is agreed between A. B., Chinese labourer, and C. D., acting on behalf Of E. F., Proprietor of the plantation (s) (X and Z) in the Island of Ja" maica, that A. B. shall serve the said E. P. on (one of) the said plan- tation (s) in the gi'owing or manufacturing of articles, the produce of such plantation (a) lor the term of 5 years, from the day on which A. B. shall land in Jamaica : Provided always, that it shall be lawful for A. B. to terminate the said agreement at the expiration of 3 years, on payment of the sum of £ 10, or at. the end of 4 years, on the pay- ment of the sum of £5 : And it is further agreed, that E. F. shall pay to A. B. the same rate of wages as is paid to the labourers not under contract or indenture, working on the same plantation, not being less than at the rate of a day (which wages shall be paid on the I^st day of every week), and that E. F. shall supply A. B., free of cost, with suitable lodgings, and with such medicines and me- dical attendance and hospital accommodation as A. B. may need when sick : And it is further agreed, that if the said plantation shall ' come into the possession of any other person than the saidE. F., A. B. shall be bound to serve such other person, if required to do so on the same plantation, and on the above terms : And it is further agreed that E. F, may deduct from the wages of A. B., at the rate of 4s. a month , the total sum of (not more than £2 8s.) which A. B. ac- knowledges himself to have received in advance before leaving China. Sex. OJ 1 M. F. s> 8 g 1 * s p f^ < « (5 PS " ^ IMMIGRATION. Sex. uj ii "^ " 1 iz; M. F. bo » 5 Eemedie tiona, Comfo • '■ « 281 Ciua Book, 97 v., S. 2, 0. e, n. II ^1- I 'A SB ^1 OJ "^ 03 d » . Notwithstanding the expiration or repeal of 25 V., c. 8, or any subse- quent Act (26 v., 0. 4, 8. 2, and 27 V. , c. 6, s. 1, the 3 Acts repealed by 28 v., c. 11), raising or continuing a supply by a duty on articles imported, and for their appropriation, or the expiration or repeal of this Act, any offence against either, or penalty incurred, may be proceeded for, recoTered and en- forced, 28V., o. 10, s. 16. Application of ^^ addition to the duties in Schedule A, there shall be raised, levied aud a»tio« paid the duties in Schedule B. to be applied to the general revenue, and, in addition, to be applied to Main Eoad purposes, the duties in Schednle C., 28 v., c. 10, s. 17. Short titio The Import Duties Act, 1864, 98 V. , c. 10, s. 18. Dur.tion Infoi'ce Until 31st March, 1867, as regai-ds Schedule A., until 31st March 1866, as regards Schedules B. and C, US V., c. 10, s. 19. ScheJuleA. SCHEDULE A. £ s. D. Appropriation, 9. IT Ale, per tun 570 Asses, per head 050 Bacon, per cwt 10 Barley (not being Pearl Barley) per bushel 3 Beef, dried, per cwt. 10 Ditto, salted or cured, per barrel of 200 lbs. 10 Beans, per bushel 003 Beer, per tun 570 Birds Free. Books, printed, and printed Papers, including Maps Free. Bread or Biscuit, per cwt. 060 Bricks, per 1000 040 Bullion Free. Butter, per cwt 090 Calavances, per bushel 003 Candles, Composition, per box of 56 lbs. 7 Tallow, per box of 56 lbs 2 fa Wax or Spermacetti, per box of 56 lbs. 10 Cattle, neat, per head 10 Carriages, Carts, & Waggons, used for Agricultural purposes Free. Cheese, per cwt 10 Cider, pertun 4 7 Clothing, Army and Navy, and undress Free. Coals Free. Cocoa, per cwt 10 Coffee, per cwt 10 Coin Free. Coke Free. Corn, Indian, per bushel 3 Cotton Wool '. . Free. Diamonds Free. Dogs Free. Dyewoods Free. Drawings free. Engravings, and Lithographs, and Photographs Free. Fish, dried or salted, per cwt. ... 026 fresh ■-■■:- Free. smoked, not otherwise enumerated or described, per cwt 4 IMPORT DUTIHS, 931 £ B. T>, Fish , alewives, plokled, per barrel 020 Herrings, pickled, per barrel 0-2 smoked, per box of 25 lbs. 6 Mackerel, pickled, per barrel 040 pickled, not otherwise enumerated or described, p. barl. 4 Salmon, smoked, per cwt. 10 ■ wet or salted, per barrel 10 Flax Free. Flour, I'ye, per barrel 080 Flour, wheat, 080 Fruits, fi'esh , Free. Goats, per head Free. Guano, and any other Manure Free. Gums Free. Gunpowder, per lb 6 Hains, per cwt. 10 Hand Machines for preparing Fibre, spinning Cotton, or Wool Free. Hay and Straw Free. Hemp Free. Hides, raw Free. Horses, Mares and Geldings, per head 080 Hogshead's Shooks, each 006 Hydraulic Presses, and Piinting Presses 2 Ice Free. Irou, Galvanized, per £100 value 400 , ditto for Roofing, and every kind of Ii in Roofing, ) Wree Doors, and Shutters ) Indigo, per pound 003 Lard, per cwt. 050 Leeches Free Matches, Lucifers, and others, per gross of twelve dozen") boxes, each box to contain one hundred sticks, and I 5 boxes containing any greater or lesser quantity, to ( be charged in proportion.. ■ J Malt Dust Free. Mai'ble, in slabs or blocks, per £ 1 00 value ... 400 Machines, (horse-power), per £100 value 400 Meat, fresh Free. , salted, or cured, per barrel of SOOlbs. 10 Meal, not Wheat, per ban-el 010 Mills, whether for grinding Canes, Paint, Coflfeei Com,^ or grain of any kind, or for sawing Boards, raising y 4 Water, or are set in motion by steam, horse, wind, or J water-power, per £100 value Molasses Free. Mules, per head 080 Necessaries, (Army and Navy) including Mess Plate and~l Furnituie, Band Instruments, to be certified by the I Free Military and Naval Commanding Officers, as 'requi- ( - site or necessary J Oats, per bushel ^ 003 Oil Cakes, whole, or in powder, and other prepared food for ? p Animals 5 Jiiee. Oil, per gallon 004 Patent Fuel Free. Pans for boiling Sugar, whether of Copper or Irou, per ) d n £100 value ..-.J Pease, (not being Split Pease) per bushel 3 Perry, per ton 470 Pipes for conveying fluids, per £100 value 4 Plants, growing • Free. Ploughs, Plough-harrows, and Harrows, Cultivators, Clod- i (irashers. Horse Hoesj Dibbles, Sewing Machines, and > ■ 1 parts thereof, four per cent j Pork, salted or cured, per barrel of 2001b8. 10 Porter, per tun 570 Poultry Free. 1?86 lUPOBT DVHim, Punehean Shooks, each.. Pumps for raising water, per £100 value Eailway Truck Wheels, per £100 value Resins and Bosin Bice, per cwt. — -, undressed, per bushel Salt, per cwt. ^— , Kook ■Ua Sausages, dry or pickled, per cwt Sheep... Slates . . Soap, per box of.Seibe .. Soda, Ash, or Sub-soda .. Specimens, illustrative of Natural History, Mineralogy, and geology Spirits, Brandy, per gallon Grin, per gallon Bum, produce of, & imported from British possessions per gallon Whiskey, per gallon of Wine, Alcohol, and all other Spirits, Cordials, or compounds, per gallon Stills, or any part of a Still, per £100 value Steam engines, or part thereof, per £100 value Sugar, refined, per lb nnrefined, per cwt Swine . . Tallow, Grease, Tallow Grease, or Grease and Slush Tea, per lb Tierce Shooks Tiles, Marble, per £100 value • , earthen Tobacco, manufactured, including Cavendish, for every pound weight — on every lOOlbs. weight of unmanufactured Cigars, for every pound weight. . . r any / Tongues, aried per cwt. , salted or cured, per barrel of 2001bs Tortoieeshell Tow.... Turtle .. Uniforms, prescribed by her Majesty's regulations, or any Law of this Colony.. Vegetables, fresh Wax, Bees . Wheat, per bushel Wines, whether in bulk or bottled, per tun Wood, for one thousand feet of Pitch Pine Lumber, by su- perficial measurement of one inch thick , for every one thousand feet of White Pine Lumber, or other Lumber, by superficial measurement of one inch thick , Shingles, Cypress, more than 12 inches in length, per 1000 , Wallaba Shingles , Boston Chips, and all Shingles, not otherwise enu- merated, or described, per 1000 , Woodhoops, per 1800 , Staves and Heading, red or white Oak, or Ash, per 1000 Wire, Iron, for fences ; and Wire Fencing ; and Iron Stand- ards and Hurdles, and Tomb Bailings, per £100 value And after these rates for any greater or less quantity of such Goods respectively. £ t. B, 6 4 4 Free. 2 1 1 Free. Free. 10 Free. Free. 3 Free. Free. 7 6 (1 5 8 4 4 2 10 Free. Free. 16 6 4 Free. 6 110 2 6 10 10 Free. Free, Free. Free. Free. Free. 4 15 12 8 4 4 2 2 4 4 INDICTMENTS On all other Goods, Wares, Merchandize, Plantation sup- plies and eliectfi of every description, not previously enumerated, for every £100 value £ s. 12 10 287 SCHEDULE B, Rice,perll91bs Tobacco, manufactured, per lb. Ditto, unmanu&otured, per lb. Cigars, per lb. Snuflf, per lb. Shingles, per 1000 Meal, per barrel Appropriation, «. 11^ SCHEDULE C. On each cwt. of Codfish Ditto gallon of Brandy On each gallon of Wine (in bottle) Ditto ditto ditto (in bulk) Ditto ditto Grin Ditto ditto British Spirits Ditto barrel Beef Ditto ditto Pork Ditto ditto Tongues Ditto cwt. Eice Ditto bushel of Wheat Ditto pound of manufactured Tobacco Ditto ditto Leaf or unmanufactured Tobacco 9* I' 4 2 U Appropriation, § 1 Indictments. In any Indictment or information wherein it is requisite to state the ownership' of property, real or personal, belonging to or in the possession of more than one person, whether partners in trade, joint-tenants, parceners or tenants in common, it is sufficient to name one and to state the property to belong to him and another or others, as the case may be, and whenever it is necessary to mention for any purpose, any partners, joint-tenants, parceners or tenants in common, so to describe them. This provision extended to all Companies and Trustees, 8 G. 4, c. 22, s. 6. Noiadictmeutor information shall be abated by reason of any dilatory plea of misnomer, orof want of addition, or of wrong addition of the party, if the Court is satisfied by affidavit or otherwise, of the truth of the plea, but in such case, they shall forthwith cause it to be amended accordingjto the truth, and call upon .'the party to plead, and proceed as if no sum dila- tory plea has been pleaded, 8 G. 4, c. 22, s. 7. No judgment shall be stayed or reversed for want of a similiter, nor by reason that the Jury process has been awarded to a wrong officer upon an insufficient suggestion, nor for any misnomer or misdescription of the officer returning such process, or of any of the Jurors, nor because any person has served upon the Jury who has not been returned as a Juror by the Provost- Marshal or other officer ; and where the offence charged has been created or subjected toa greater degree of punishment by any Act, the indictment, &c., after verdict, shall be sufficient to warrant the punishment, if it describe the oiience in the words of the Act, 8 G. 4, c. 22, s. 9. Allegation o f ofirnerahlp of part- ners, &o. Oilatarr Floas Defeota cotM af- ter ver^ot Deaoription of of- fence in words of tlieAot If any person arraigned for treaeon,.felony or piracy, plead not guilty, Not Qullty he, by that plea, without any other form, puts himself upon the country for trial, and the Court shall, in the usual manner, order a Jury for his tiial, 9 G. 4, c. 19, s. 1. If he stand mute of malice, or will not answer directly, the Court may order the proper officer to enter a plea of " not guilty" on his behalf, which shall have the same effect as if he had actually pleaded it, 9 G. 4, c, 19, s. 3, Whenever any Act of this island relating to any offence, puniukable upon Indictment oi eammary eouviiitioii, in dwsmine ov rafetriHg to m tSiMa Te be entered for pen one standing muto of maliee, ftc. siniular niimtiar, ttMe&IKraganan 288 QfTencos on boun- daries of parishes, Sec, or begun in one and completed in another Duiinel Journeys Amendment o i variances on trial Verdict, SuS Drawldt up iff cord INDICTMENTS. 01' subject matter, ou or with respect to which it is committed, or the offender or party affected or intended to be affected by the offence, uses words im- porting the singular number, or masculine gender only, it shall be under- stood to include several matters and persons, and females as well as males, railess otherwise specially provided, or there be something in the subject or context repugnant to snch construction, 9 6, 4, c. 19, s. 8. Where any felony or misdemeanor is committed on tbe boundaries of 2 or more parishes or counties, within 500 yards thereof, or is begun in one parish or county and completed in another, it may be dealt with, en- quired of, tried, determined and punished in any of such parishes or coun- ties, in the same manner as if actually and wholly committed therein, 5 v., c. 29, 8. 1. When committed on any person, or on or in respect of any property, on or upon any coach, wagon, cart or other carriage, employed in anyjpur- ney, or on any person, or on or in respect of any property on boarcrairy vessel whatever, employed on any voyage or journey upon any navigable river, canal, or inland navigation, it may be dealt witn in any pansh or county through any part whereof such coach, &c., passed in tbe course of the journey -or voyage. Where the side, centre or other part of any highway, or the side-bank, centre or other part of any river, canal or navigation constitutes the boundary of any two parishes or counties, the felony or misdemeanor may be dealt with, enquired of, &c., in either of the parishes or counties,' through or adjoining to, or by the boundary of any part whereof such coach, &o., passed in the course of the journey or voy- age, 5 v., c. 29, s. 2. Wheneveron the trial of any Indictment for felony or misdemeanor, there appears to be any variance between the statement in the Indictment and the evidence offered in proof thereof in the name of any country, city, parish, township, or place mentioned or described in the Indictment, or lu the name or description of any person, body politic or corporate, alleged to be owner of any property, real or personal, the subject of any offence charged therein, or in the name or description of any person, body politic or corporate, therein alleged to be injured or damaged, or intended to be injured or damaged by the commission of such offence, or in the Christian or suraame, or both or other description of any person, or of any matter or thing therein named or described, or the ownership of any propetty, the Court, if it consider the variance not material to the merits, and tha,t the defendant cannot be prejudiced in his defence on such merits, may order the Indictment to be amended according to the proof by an oficer of the Court, both in that part where the variance occurs, and in every other part -which it becomes necessary to amend, on such terms, as to postponing the tiial before the same or another Jury as the Court thinks reasonable, and after any such amendment, the trial shall proceed, whenever to be pro- ceeded with, in the same manner in all respects, and with the same conse- quences, both with respect to the liability of witnesses to be Indicted for leriury or otherwise, as if no variance had occurred. Incase the trial is jad at nisi prius, the order for the amendment shall be endorsed on and re- turned with the record, and thereupon such papers, rolls or other records of the Court from which it issued, as itmay be necessary to amend, shall be amended accordingly by the proper officer. In all other cases, the order for the amendment shall either be endorsed on the indictment, or engrossed and filed together with it among the records of the Court. Where the ti'ial is postponed, the Court may respite the recognizances of the prosecutor and witnesses, and of the defendant and his sureties accordingly, on which the prosecutor and witnesses shall be bound to prosecute and give evidence, and the defendant to attend, to be tried without fresh recognizances, as if originally bound to appear and prosecute, or give evidence at the time and place to which the trial is postptjned. Where the trial is \to be had be- fore another Jury, the Crown and the defendant shall b? efititled to the same challenges asbefore the first Jury was sworn, 16 V., 0.-15, s. 1. Every verdict and judgment given after the making of any amend- ment, shall be of the same loioe as if the Indictment were originally in the form in which it was after amendment, 16V.,c. 15, s. 2. If it become necessary for any purpose to draw up a formal record, in any case where an amendment has been made, the record shall be drawn up in the form in which it was after amendment, without taking notice of th« fact of such amendment having been made, 16 V., c, 15, s, 3, e; INDICTMENTS. " 289 In any Indictment for engraving, or mailing the whole or any part of indictmont foi- any instrument, matter or tiling, or for iiaing, or having the unjawml poBses- ^il"i^' poMo"- sion of any plate or other material, upon which the whole or any part of any sion of plate or pa- instrument, matter or thing has been engraven or made; or for having the un- S;tion°«uffldciit' lawful possession of any paper upon ■which the whole or any part of any instrument, matter or tmng has been made or printed, it shall be sufficient to describe the same by any name or designation it is usually known by, ■without setting out any copy or facsimile of the ■whole or any part, 16 v., c. 15, s. 6. In all other cases wherever necessary to make any averment in any Aa niso in otiier Indictment as to any instrument, whether it consists "Wholly or in part of ^^ ' " ■' "'' ™ati-u- writiug, print or iigares, it shall be sufficient to describe it by any name or ™°" *' designation it is usually Itnown by, or by the purport, without setting out any copy or fac simUe of the whole or any part, 16 V., c. 15, s. 7. If, on the trial of any person charged ■with any felony or misdemeanor, On ludictmeuts it appear to the Jury upon the evidence, that the defendant did not com- Jomeano? "deTeu- Elete the offence charged, but is guiliy only of an attempt to commit same, dant may' bo found e shall not be entitled to be acquitted, but the jury may return a verdict f"^*^ °/ ''" "" that the defendant is not guilty of the felony or misclemeanor charged, but tho'offonco ''°"'°" is guilty of an tttemptto commit the same, and thereupon he shall be liable to be punished, as if he had been convicted upon an indictment for attempting to commit the particular felony or misdemeanor charged ; and no person so tried shall be liable to be afterwards prosecuted for an attempt to commit the felony or misdemeanor for which he was tried, 16 V., c. 15, s. 9. If, on the trial of any person for any misdemeanor, it appears tlie facts indictmeois for amount in law to a felony, lie shall not be acquitted of the misdemeanor ; and Se Sramount'to no person tried for such "misdemeanor shall be liable to be afterwards prose- felony cuted for felony on the same facts, unless the Court think fit to discharge the Jury from giving any verdict upon such trial,- and to direct him to be in- dicted for felony, in which case he may be dealt with in all respects as if he had not been put upon his trial for sach misdemeanor, 16 V.,c. 15, s. 12. In every Indictment in ■which it is necessary to make any averment, as Money, to inoluda to any money or note of the Treasury, or of any Bank of this Island, it Bank ov Tuasmy shall be sufficient to describe such money, or Treasury or Bank Note, sim- ^"^^ ply as money, without specifying any particular coin, or Treasury or Bank Note ; and such allegation, as far as regards the description of the property, shall be sustained by proof of any amount of coin, or of any Treasury or Bank Note, although the particular species of coin of which the amount was composed, or the pailicular nature of the Treasury or Bank Note is not proved, 28 v.. c. 15, s. 1." Itshallnotbe necessary to state any venue in the body of any Indict- Venue ment, but the County, Parish, or other jurisdiction named in the margin, shall be taken to be the venue for all the facts stated intlie body. Where local description is, or shall be required, it shall be given in the body of the Indictment, 16 V., c. 15, s. 24. No Indictment for any offence shall be held insufficient for want of the Technioai uicitles averment of any matter unnecessary to be proved, nor for the omission '"^I'l'j" * °' *' of the words " as appears by the Record" or, " ■with force and arms," or, ' ' ' " against the peace," nor for the insertion of the words " against the form of the statute," instead of " against the form of the statutes," or vice versa, nor for that any person mentioned therein is designated by a name of office or other descriptive appellation, instead of his proper name, nor for omitting to state the time at which the offence was committed, where time is not of the essence of the offence, orfor stating the time imperfectly, nor for stat- ing the offence to have been committed on a day subsequent to the finding of the Indictment, or on an impossible day, or a day that never happened, nor for the want of a proper or perfect venue, or proper or formal conclusion, nor for want of or imperfection in the addition or any defendant, nor for want of the statement of the value or price of any matter or thing, or the amount of ddmage, injury or spoil, in any case where the value or price, or the amount of damage, injury or spoil is not of the essence of the of- fence, 16V.,c. 15, s. 25. * This enactment was originally part of 16 V., c. 15, a. 18., the whole of which section was inadvertently repealed by 27 V., S. 1, c. 33. The mistake does not appear to have been completely rectified. N N 290 INDICTMENTS. Objections to be Every objection to any Indictment for any formal defect apparent on Son toqmfh before '' sfaco, shall be taken by demurrer, or motion to quash the Indictment, be- tiie Jury i> sworn ; fore the Jury is sworn, and not afterwards ; and the Court before which the omendmont objection is taken, may, if thgught necessary, cause the Indictment to be forthwith amended in such particular by some officer of the Court or other person, and thereupon the trial shall proceed as if no such defect had ap- peared, 16 v., c. 15, 8. 26. Traverre At^oumment. No person prosecuted shall be entitled to traverse, or postpone the trial of any Indictment found against him. If the Court, on application of the person so indicted, or otherwise, is of opinion he ought to be allowed a further time to prepare for his defence, or otherwise, the Court may adjoum- ^ the trial to the next subsequent Session, upon such terms as to bail, or other wise, as to it seems meet, and respite the recognizances of the prosecutor and witnesses accordingly, in which case they shall be bound to attend to prosecute and give evidence at such subsequent Session, without enter- ing into fresh recognizance, 16 V., c. 15, s. 27. Certiorari Unless a writ of Certiorari for removing the Indictment into the Supreme Court is delivered at such Session, before the Jury is sworn for the trial, 5 v., c. 48, s. 1. Before bill found Such Writs of Certiorari may be applied for and issued before Indictment found in the like cases, and in the same manner, and upon the same terms and conditions as if the writ were applied for after Indictment found, 5 v., c. 48, s. 2. „. . Act not to extend to any prosecution by Indictment for the non-repair of Highway. ^^y g^^^gg ^^ Highway, sV., c. 48, s. 5. In this Act, Indictment shall include infoimatiou, inquisition and pre- erprctation gentment, as well as Indictment, and also any plea, replication or other pleading; and any nisi prius record. "Finding of the Indictment," shallinolnde " the taking of an inquisition," " the exhibiting of an information," and "the making a presentment." Any -word importing the singular number, or mas- culine gender, several persons and parties, as well as one, females as well as males, uodies corporate, as well as individuals, and several matters and things, as well as one. " Property," shall include goods, chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which any offence may be committed, 16 v., c. 15, s. 30. Appeal from con- ^' ^°y person, coiivicted upon an Indictment for a felony or misdemea- viction at Circuit nor, before any Circuit Judge, conceive himself damnified by the misdirec- MBi"' "f'^'"''' tion of the Judge, or by the improper reception or rejection of evidence »nco,°So. ^ and has objected at the trial to the ruling of the Court, in either of these respects, the record shall be returned by the proper officer into the Supreme Court, and the person making the objection may move there for a new trial, or if he deem the Indictment or information contains no sufficient charge of an offence punishable, or that there has been a mis-trial, he may move in the Supreme Court, after requiring the proper officer to return the record into the Supreme Court, for areversalof the judgment of the Court by which he was sentenced, if any has been given, or if it has been delayed, he may move for a writ of prohibition against proceeding to judgment on such Indictment and conviction. Not to deprive any party to any suit or proceeding of his right to tender a bill of exceptions to the ruling or charge of any Judge. The person so intending to appeal, either in arrest of judg- ment or for a new trial, shall, before the iinal adjournment of the Court before whicli the trial was had, enter into security (to be fixed by the Judge, according to a scale to be fixed by the rules of the Court, or until rules are framed at the discretion of the Judge) to enter his appeal for the then next Supreme Court within the time allowed by its rules. Where tlie trial is had within 14 days before the then next sitting, the party shall have until the session of the Supreme Court next succeeding to enter his appeal. The Judge, if he see fit, may postpone the passing of sentence, or respite the judg- ment, consequent on the conviction, until tlie decision of the Supreme Court ein be ebtainedl, 19 V>, c. 10, s. 43i INDUSTBUl SCHOOLS. 991 Industrial Schools. Industrial Schools Act, 1857, 21 V., c. 41, s. 1. Short title " Police," shall include or mean Parish Constables or othei' Peace interpretation Officers! "Justices," any two or more Justices acting together; "Child," any boy or girl, in the opinion of the Justices under 16; " Certified School," any School or Institution certified under this Act; "Managers," the Direc- tors, Managers, or other persons who have the management or control of any Certified Industrial School ; " Parent,"' any person legally liable to maintain a child, and also any person upon whom an order of ,afflliation has been made and not quashed ;" "Parish," any city or town, 21 V., c. 41, s,2. The Governor, with the advice of the Executive Committee, may enter certiaea indui- into an'angements with the Managers of any School in which Industrial 'r'ai SohooiB training is provided, and in which children are fed as well as taught, for the reception, maintenance, instruction, care and employment of any poor and vagrant children, and the Governor may grant a certificate under hand ac cordingly, and thenceforth the School shall be a " Certified Industrial School," 21 v., c. 41, s. 3. The Governor shall direct a report of the condition and regulations of Annual Renort« every Certified Industrial School, to be made to him at least once a year by JJaoJto "'"'' "'" such person as he appoints ; and if upon such report, the Governor in Exe- cutive Committee is dissatisfied with the condition or regulations of the School, he may withdraw his certificate, and upon notice of withdrawal to the Managers, the School shall cease to be a Certified Industrial School from the time specified in the notice, 21 V., c. 41, s. 4. When any child is found in want and distress, or soliciting alms, of Destitute children wandering in the streets or highways, or sleeping therein, or in any ? ^.i' j a"i ' i'? * unenclosed piazza or unoccupied house or outbuildings, or not hav- n'week, notice °o ing any home or settled place of abode, or lawful and visible parents, &o. means of subsistence, whether such child have parents or any guardian, or adult relative living or not, any person may bring, or cause, &c., any such child before the Justices, who, on receiving satisfactory proof of suca con- dition Or vagrancy, may order him, provided there be any certified ludns- triai School, to be sent there for not exceeding one week, and direct en- quiries to be made, and notice (Form A.) given to the parent or guardian, or nearest adult relative, if any can be found, or to the person with whom the child is, or was last known to have been residing, of the circumstance, and that the matter will be enquired into at the time and place mentioned in the notice, 21 V., c. 41, s. 5. At which time and place any Justices may make full enquiry into the Discharge of matter, and may order the child to be discharged altogether, or if the parent oiina, deurer; to (or where the child is an orphan, the guardian or nearest adult relative) B8jaiJi'™m' to"'* be foundjjraay, on proof of the child having been found in any such circum- school stances as aforesaid, deliver him up to the parent, or, if an orphan, guardian, &c., onhis giving an assurance in writing (FormB.), that he will be. re- sponsible for the good behaviour of the child for not exceeding 12 months, and, in default of such assurance, may, by writing, undertheir hands and seals, (Form C.) ord*i- the child to be sent for education and trainmg to any Cer- of the parents re- tified Industrial School. If within the parish where the child was taken ugious persuasion, into custody, or any adjoining parish, there is any Certified Industrial School, ■' "Y'.'" """JiJJ '" conducted on the principles of the religious persuasion, to which the parent, '"""""""^ ^" ' in the opinion of the Justices, belongs, and the Managers are willing to re- ceive him, the child shall be sent to such School, and no other, 21 v., c. 41 B 6. If the child, after such assurance is given, be brought up again as having penalty on pa- been found under such circumstances as aforesaid, within the period for rents, &o. if child which the parent, &c , has become responsible for his good behaviour, the J,° ..^""S* J" Justices may inflict a fine upon him, not exceeding 40s., should it be proved S?'"" "™'"«»''- to their satisfaction that the last mentioned act has taken place through the neglect of the parent, &c., 21 V., c. 41 , g. 7. If the parent, &c., objects to the School to which the child has been Removal to sent or ordered, and proposes some other Certified Industrial School, and another school on proves that the Managers of it are willing to receive the child, and if on any JJJ"'" "' parent, other than religious ground, pays or finds security to pay any expenses in- curred in consequence of his objection, any Justice of the parish where the child was taken into custody, shall order (Form D.) the child to be sent to the School proposed by the parent, &c., 21 V., c. 4l, s. 8. 292 INDUSTRIAL SCHOOLS. DUohargBofoiiiw On the applioatfbn of the parent, &o., or of the Managers, any Justioes mont'o'r''otS''stJ- "^ '''^ parish m which the School is situate, or where such parent resides, if flciient cause satisfied that a suitable employment in life has been provided for the child, or that there is otherwise snfBcient cause, may discharge (Form E.) the child from the Certified Industrial School before the expiration of the period for which he had been sent there, or may order his removal from one Certified Industrial School to another (Form P.), or may order him to be"- dibcharged altogether, 21 V., o. 41, s. 9. Or on Q:ood aecu- nty Governor may or (ler diBcharge on se- curity ■ No child to be de- tained beyond 16 Repeated deacr tton Bntlcin^ a^yay or liarbouring cliil- dren Service at place of abode Ciiildren loft des- titute on tlie parisli, or whose parents <^a n n t maintain them, may be sent to a School Judges and Jus- tices in petty ses- sions may send cliUdt-en under 16 to a Cortifl e d School after conviction To be kept apart as far as practica- ble from other chil- dren, and employed as the Govei-nor, Ac. may direct Regulations res- pecting r e 1 i gious teachiiig On good security being given at any time by the parent, or by any other person, any two Justices of the County in which the School is siluate, or of the Parish where such parent resides, shall order (Form G.) the child to be discharged. The security shall be in such amount as the Justices deter- mine, or may be rejected, on proof that the security has been previously re- jected orforfeited, 21 V., c. 41, s. 10. On application of the parent, or guardian, or nearest adult relative, or of any other person, on security being found for the future good behaviour of any child, the Governor may order tbe child to be discharged, and the saffi- ciency of such security shall be in his judgment, and liis order may be mutatis mutandis in the form or to the effect of the (Form G. , 21 V., c. 41), 22 V., o. 32, s. 1. No pei'son shall be detained in any such School beyond 1 6, against his consent, 21 V., c. 41, s. 11. If any child, whether lodging in the School or elsewhere, before attaining 16, or being discharged, wiLfullv absconds or neglects his attendance, any Justice of the Parish in which tne School is, or in which the child is re-taken, may, by writing under his hand and seal, order him to be sent back to the School, and to be detained until he attains 16, or for such shorter period as the Justices (sic) think fit, 21 V., c. 41, s. 12. In case of any child absconding, or repeatedly deserting from any such School, the Managers may cause to be inflicted on him moderate whipping, or confine him in solitary confinement, and place him on bread and water for such period as they think advisable, 22 V,, o. 32, s. 2, Any person who directly or indirectly withdraws a child from the School, or induoespiim to abscond previous to his attaining 16, or being duly discharged, or who knowingly conceals or harbours him, or prevents his return, shall be liable to a penalty not exceeding £2, to be recovered be- fore 2 Justices in or near the place where the offence was committed, or where the offender may at the time happen to be, under 13 V., c. 35, or other Act relating to summary proceedings, 21 V., c. 41, s. 13. The leaving of any notice, or summons, or order at the usual or last known place of abode of the party to whom it is dhected, shall be sufficient service, 21 V., c. 41, s. 14. Whenever appUcation is made to any Cliurch warden, or the Justices and Vestry of any parish, for the maintenance for, or assistance in maintaining any child, on the ground of its having no parent in the Island, or alive, or the parent being unable to maintain, or having deserted or abando&ed such child, the Justices may direct it to be taken from the applicant, or person in whose custody it is, and placed in the Certified Industrial School of the parish, or nearest parish, 21 V., c. 41, s. 15. The Judge of any Court and the Justices in Petty Sessions, when any child under 16 is charged with any offence, may refrain, upon conviction, from passing sentence, and direct, by an order, in writing, that he be taken to the Certified Industrial School nearest the place where he was convicted, the Managers of which shall be willing to receive him, to be kept for such period as may be directed in such order, 21 V., c. 41, s. 16. The Governor and Executive Committee may direct that every child sent to any such School by the order of any Judge or Justices, after conviction for any ofTence other than vagrancy, shall be kept separate and apart, so far as practicable, from any other children, and employed in such manner as shall appear best to the Governor, with such advice, 21 V., c. 41, s. 17. In every Industrial School, a book shall be kept by the Managers, to which access shall be had at all reasonable hours , in which the religious de- nomination of the child, when admitted, shall be entered; and upon the rep- resentation of the parent, or, in case of an orphan, of the guardian or nearest adult relative of any inmate, a Minister of the religious persuasion of the in INDUSTRIAL SOHOOLB. 393 mate, fit certain hourii to be fl;red by the Managers, may visit enoh sohpola, to afford religiouB aaslstanoe to such inmate, and instrnot him in the prinoiplee Of his religion, 21 V., c. 41, 8. 18. A duplicate of the order under -which any child ie ordered to be sent to a ^?''''"°f*'uh°wid Certified Industrial School shall be sent to the Managers, and be a sufficient " the'sohooi warrant gjr the detention, 21 V., o. 41, s. 19. In every case in which a child is sent by a Judge or Justices to a Cer Feeto the peraim tified School, they shall state in the order for admittance, the amount to be J5j'"|„*5i t"'' H paid to the person taking the child, as compensation for his trouble, not ex- stitelta" "order ana ■ceeding 5s., which the Managers are authorized to pay, and take credit for oharged to the pub in their account with the Public, 21 V., o, 41, s. 20. . "° Where the child is sent to a Certified School by the order of a Judge J^%°Slr'^°^m^°i or Justices, the Governor and Executive Committee may direct pay- to the school out of ment to the Managers, out of the annual fund voted for the Penitentiaiies JJ'^,""* „^"^' '„* "and Prisions' Department, of such or any part of such sum as would be pay- Sindrm'sentby the able for the maintenance in any Penitentiary or Prison of such child, if he Judges or jusHces to had been sentenced to imprisonment therein, instead of being sent to snch ""' Certmod School School, 22 v., c. 32, s. 3. The Governor anS Executive Committee may direct payment by the drtn'sent"""""''" Eeceiver-General to the Managers of any Certified Industrial School to which any child shall be sent under 21 V., c. 41, of not exceeding 5d. per day for each child, to be made monthly or quarterly as the Governor directs, 23 v., c. 24, B. 1. Whenever it is necessary to prove that any Industrial Soho 1 is duly certain certmcatei certified or sanctioned, the production of an attested copy of ilie Ce) tificate iupiioete", &c. cri- shall be sufflcieut evidence. The production of the original, or a duplicaie of '""'' the ordei^under which any child has been sent, or is detained, or a copy of such order, with a memorandum, signed by the Manager or Superintendent, or Master or Matron of any such School, that the young person named in such order was duly received into, and is at the signing thereof detained in such School, or has been otherwise disposed of according to law; and the pro- duction of the original or daplicate of any order made upon the parent, or a copy certified by the Clerk to the Justices making the same, shall in all proceedings be suflicient evidence, without proof of the signatures or offi- cial characters of the Justices or other persons, 21 V., o. 41, 6.22. Whenever the Governor and Executive Committee grants a Cer- publication of tificate to any Industrial School, they shall , within one calendar month , cause " ■' 1 1 ft c a t e s to a notice to be published in the "Jamaica Gazette," which shall be suffi- Srawe'i "" " " cient evidence of the fact ; and whenever the Governor, with the notice (sic) aforesaid, withdraws the Certificate, they shall, within one calendar month, give notice of withdrawal in the " Gazette," 21 V., c. 41, s. 23. The several forms in the Soliedule, or any forms to the like effect, shall, Forms in all cases, be sufficient. No summons, notice or order shall be invalida- Want of form ted for want of form only, 21 V., c. 41, s. 24. SCHEDULES.— 21 V., c. 41. To C. B., of the parish of 1 hereby give you notice, pursuant to section five of the " Industrial Notice to parent, School Act, 1857," that a child, named A. B., apparently about fu^ody! A.™V' "" years of age, the son of (or who has been residing with) you the said C. B.,has been taken into custody, for having been on the day of , in the parish of , found (in the words of this Act), and that the^tuatter will be inquired into on the day of , at o'clock in the forenoon, at , before such Justices of the Peace for the said parish as may then be there, who may make such order on you the said C. B., to be dealt with according to the said Act as they may think fit ; the said A. B. is in the meantime detained in the , at by order of a Justice ot the Peace. Dated this day of 185 M. N., Constable or Inspector of Police. 994 AiiurAnoe for ebild'a good liiba- ylor, B. B. fl INDDSTBIAI. eOROOLS, Whereas a child, aftmed A. B., tffe son of 0, D., has been proved a va- grant : I, C. D., hereby undertake to be responsible for the good be- aviour of the said child, for the period of months from the day of the date thereof. r d • r lendlnv child to an Indus> trUl Sohool, 0. 0. 6 Tn mit I ^° ^^^ Constable of , and to Che Managers xown. J of the Certified Industrial School at Whereas a certain child, named A. B„ about years of age, was this day brought before us, two of Her Majesty's Justices of the Peace for the parish oi , for that he, on the day of , at , was found in the act of va- grancy, (or as the case may be in section five) : And whereas we have made full enquuy into the matter, pursuant to the "Indus- trial Schools' Act, 1857," and no satisfactory assurance has been given for the future proper care and good behaviour of the said— chad : Now therefore we, the said Justices do, pursuant to section six of the said Act, order you the said Constable to take the said child, and him safely convey to the Certified In- dustrial School, at ; and there to deliver Mm, to- gether with this order ; and we do hereby cdmmand you, the said Managers, (it appearing to us that you are willing to receive 'him therein), to receive the said child into your charge in the said School, and there to detain, educate and train him for tlie period of from the date hereof. Given under our hands and seals, this day of at , in the parish aforesaid. (Signatures and seals of Justices.) Order ohanfloff ■chool, D. 1. 8 To the Managers of the , and to the Managers of the School at Certified Industrial School at Certified Industrial years of age. Whereas a certain child, named A. B., about was on the day of , by order of two of Her Majesty's Justices of the Peace for the parish of , pursuant to the "Industrial School Act, 1857," taken to the Certified Industrial School at , there to be detained for the period of from the said day of and he is now detained therein (if so) : And whereas, C. B., ac- cording to the provisions of the said Act, entitled to object, has ob- jected to the said School, and has proposed the Certified In- dustrial School at , and proved to me, the undersigned, one of Her Majesty's Justices of the Peace for the parish of where the cliild was taken into custody, that the Managers of the Certified Industrial School at are willing to receive the said child, and the said C. D. has also complied with the other conditions of section eight of the said Act ; 'These are therefore, Sursuant to section eight of the said Act, to order you, the said lanagers of the Certified Industrial School at to deliver up the said child forthwith to ike Certified Industrial School at ; and you the said Managers of the said last mentioned School, are hereby required to receive the said child into your charge in the said School,- and there to detain, educate and train him for the period of from the day of Given under my hand and seal, this at , in the parish aforesaid. day of J. S., (L.S.) Order for d i s* charge en employ- ment being found, E, «. 9 To the Managers of the Certified Industrial School at Whereas a certain child, named A, B., about years of age, was on the day of , by the order of two of Her Majesty's Justices of the Peace for the parish of , made pursuant to the "Industrial School Act, 1857, INDUSTRIAL SCHOOLS. 295 taken to the Certi6ed Industrial School at , there to be detained for the period of .from the day of „ and he Is now detained therein*. And whereas it appears tons, two of Her Majesty's Justices of the Peace for the parish of in which the Scliool is situate, (or in which the parent, or guardian or nearest adult relative of the said child resides) that suitable employment in life has been provided for the said child (or there appears to us, &c., sufficient cause for the discharge of the said chud) : These ai'e therefore, pursuant to section twelve of the said Act, to command you, the said Managers, forthwith to dis- charge the said child, and to deliver him into the charge of who brings this order. Given under our hands and seals, this day of at in the parish aforesaid. (Signatui'es and seals of Justices.) To the Managers ol the Certified Industrial School at oniw chsnsing , and to the Managers of the Certified Industrial uhoiiioiiusuraiioa School at I'JiSi'r.f.T'"' (Proced to the asterisli'' in the Form E, and then say) : And whereas it appears to us desirable that the said child should be removed from the said Certified Industrial School to the said Certified Industrial School, (the Managers of which said last mentioned School being willing to receive the said child therein) : These are therefore, pursuant to section nine of the said Act, to order you, the said Managers of the Certified Indus- trial Sohcol at , to deliver up the said child forthwith to the Certified Industrial School, or to any person au- thorized by them to receive the child at ; and you, the said ManageiB of the said last mentioned School, are hereby re- quired to receive the said child into jour charge in the said School, and there to detain, educate and train him for the period of from the day ot Given under our hands and seals, this day of at in the parish aforesaid. (Justices signatures and seals.) (Proceed to the asterisk* in the Foi-m E, and then say) ; And whereas order for di>- good security has been tound before us, two of Her Majesty's Jus- charga on laeurit; tices of the Peace for the parish of , in which the ^' ",?''* behavior, School is situate (or in which the parent, or guardian, or nearest ' '' adult relative of the said child resides), for the future good beha- viour of the said child : These are therefore, pursuant to section ten of the said Act, to command you, the said Managers, forth- wth to discharge the said child, and to deliver him into the charge of who brings this order. Given under our hands and seals, this day of at in the parish aforesaid. (Signatures and seals of Justices.) The Managers, or a majority, of any Certified Industrial School, with the Power of mana- consent of the Governor, may bind apprentice to any householder any child "^F'.'" apP"""™ at the expiration of the period for which he has been placed in the School """"™ (or before, if the child has attained 13 years) who is an orphan, or whose pa- rents, guardian or nearest adult relative are unable or unwilling to make pro- vision for his future care and support, 25 "V., c. 2, s. 1. Such bmding shall be for not more than 5 nor less than 3 years, by in- . p„n„t more than dentui-e, or other contract, in writing, in or to the effect of the Form annexed, b nor ie» than 3 to be executed in triplicate by the Managers, or a majority, on behalf of the ?ear« : indenture, apprentice, and by the Master, one of which shall be kept bjr the Managers, J^, '""' '"''"' one by the Master, and one by the apprentice, either of which shall be ad- mitaible as evidence in au^ »m or pvoceadinfi', and aball contain oovanants 296 INDUSTRIAL SCHOOLS. ou the part of tlie Master for the maintenance and support of the appren- tice, and for the payment of the wages or allowance agreed on, and for his training and education in the handicraft, trade, business, or mystery, or other industrial emplovment, agricultural or domestic, to which he is bound, 25 v., c. 2, s. 2. Complaints Any two Justiccs of the parish in which the apprentice is employed, agsinit apprentices shall hear and determine any complaint brought by any Master agamst his apprentice ; for misdemeanor, misconduct, negligence or absence from service ; and, on due proof, shall piiuish the offender, by abating all or any part of his wages or allowance, or by imprisonment, not exceeding three months and the infliction of any punishment shall not cancel the binding, 25 V., c. 2, s. 3. Against Masters : Any two Jnstices shall also hear and determine any complaint brought by any apprentice against his Master for non-payment of his wages, or al- lowance, or for ill-usage, and shall order payment 6f the wages or allowance due such apprentice, aiid in case of proved ill-usage, shall- impose on the Master aiine not exceeding £10, and costs, and in default of immediate, pay- ment, adjudge him to be imprisoned for not exceeding 3 months unless Sooner paid, and iiiay, in addition, order the apprentice to be discharged, and the indenture or contract to be cancelled, or assign the apprentice for the unexpired term of his apprenticeship jto some other Master, to be approved proved of by the Managers, 25 V., c. 2, s. 4. Masters and ap- The Justices may examine, ou oath, any Master, or apprentice, or other prentices may be pei'son coming before them as complainant or defendant, '^Y.,a. 2, s. 5. Apprentices not No Master shall, without the consent of the Managers, or a majority, put- to ije discharged or away. Or discharge or transfer his apprentice, whether the apprentice con- tors^ witiiont "eon- sent or not, 25 V., c. 2, s. 6. '°Powe?B''of'maLa- ^ ^"I Master, before the expiration of the teiin of service, die or leave gers to assign ap- the Island, and remain absent 6 months without having' mgde. provision to prentice in case of f]jg satisfaction of the Managers for cariTing out the terms of Ihe indenture, death or absence of ^, • ■* ■ i. *• j, *i, ' „ • j * 4. master they, Or a majority, may assign such apprentice for the unexpired term, to any other householder, and such assignment shall be subject to all the provi- sions of this Act, 25 V., c. 2, s. 7. Proceedings to be All remedies and proceedings for enforcing any order, adjudication or under is v.. c. 36, conviction, shall be under 13 V., c. 35, and the Acts in aid thereof, (see Jus- *"• tioeB),25V.,c. 2, s. 8. Proceedings ei- All matters and proceedings under this Act shall be exempt from Stamp empt ftem Stamp Duty, 25 V., C. 2, B. 9. Duty •" ' , , . , Jamaica, ss. * * Indenture of ftp- <'^ , ^ preiiticeshipt. s Know all men by these presents, That A. B,, C. D., &c., the Managers (or as the case may be, the majority- of the Managers of the Industrial School for boys or girls) situate in the Parish of duly certified acoordmg to the provisions of the "Industrial Schools' Act, 1857," by and with the consent of the Governor of this Island, do put and place E. F., aged years, an inmate of the saidSchool, duly placed in the said School under the provisions of the said Act, for whose future care and support no provision has been made by his parents, guardians or relatives, apprentice to G. H. of the Parish of ■ with him to dwell and serve from the day of the date of these presents for the term of years thence ensuing, during all which term the said apprentice his said Master shall faith&lly serve in all lawful business according; to his power and ability, and honestly, or- derly and obediently in all things, demean and behave himself to- wards his said Master during the said term ; and the said (Master) |[for himself, bis executors and administrators, doth covenant and agree to and with the said Managers and every of them, their, and every of their successors for the time being by these presents, that he the said (Master) the said apprentice in the art, trade or mystery of (or as the case may be, in the business or occupation or calling of ) or other industrial employment, agricultural or domestic, shall and vwill teach and instruct, or cause to be taugbl orlnstructed in the best way and manner that he can, and shall and will during all the term afore- said find, provide, and allow unto the said apprentice sufficient meat, driulc, apparel, lodging, medical attendance, and all other things ue- mBBBITANCI!. ceBsary and fit for an apprentice. (Here insert any other special or additional covenant.) In -witness whereof the said parties hereto have hereunto set their hands and seals this day of , in theyeai- of our Lord One Thousand Eight Hundred and Sealed and deliverpd in the presence of 297 Order for mother, access to herinfnnt or custody Filing amdavits Infants. The Chancellor or Vice-Chancellor, upon hearing the petition of the mo- ther of any Infant, in the sole custody or conti-ol of the father, or of any per- son by his authority, or of any guardian after his death, and affidavits iiled in support of or in answer to such petition, may make order for the access of the petitioner to such Infant at such times, and subject to such regula- Uons as he deems convenient and just ; and if the Infant be within the age of 7 yeare, may make order that it be delivered to and remain in the custody of the peiitioner until that age, subject to such regulations as he deems conve- nient and just, 17 V., c. 39, s. 1. Affidavits in support of, or in answer to such petition shall be filed in the office of the Eegistrar of the Court ot Chancery, within such time and under such regulations as are directed by the rules of the Coui't, 17 V., c. 39, 8. 2. In applications, the Chancellor, &c., may receive any petition or affida- How to be awom. vit, sworn before any Master in Ordinary or Master Extraordinary; and any •""■J"'}' person who deposes falsely and corruptly shall be guilty of perjury, 17 V., c. 39, s. 3. All orders shall be enforced by process of contempt of the Court, 17 V., c. 3a, s. 4. Where any action, suit or other proceeding for the payment of debts, or for any other purpose, is commenced or prosecuted by or against an In- fant under 21, either alone or together with any other person, the parol shall not demur, but the action, &c., shall be prosecuted and carried on in the same manner, and as effectually as actions or suits heretofore by or against Infants, where, according to law, the parol did not demur, 1 8 V., c. 58, s. 1. Orders to be en^ forced by contempt process Parol demuiTer taken nwnv Inheritance. " Land" shall extend to Messuages and all other Hereditaments, whe- ther corporeal or incorporeal, and whether Freehold or of any other tenure, and whether descendible according to the common law (sic), and to money lo be laid out in the purchase of Laud, and to Chattels, and to other property transmissible to heirs, and also to any share of the same Hereditaments and Properties, and to any estate of Inheritance, or for hfe or lives, or other estate transmissible to heirs, and to any possibility, right or title of entry or action, and any other interest capable of being inherited, and whether in possession, reversion, remainder, or contingency ; " the Purchaser," the per- P'Tchsser son who last acquired the land otherwise than by descent, or by escheat or partition, by the effect of which the land becomes part of, or descendible as other land acquired by descent ; "Descent," the title to inherit laud by Descent reason of consauguinity, as well where the heir is an ancestor or collateral relation, as where he is a child or other issue ; " Descendants" of any ances- Descendants tor, shall extend to all persons who mnst trace their descent through such an- Person last enti. cestor ; "the person last entitled to Land' ' shall extend to the last person who "'? had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits ; "Assurance," any deed or instrument Assurance (other than a will) by which any Laud is conveyed or transferred at Law or in Equity, 3 V., c. 34, s. 1. In every case descent shall be traced from the purchaser ; and that pedi- Descent to be traced gree ma\' never be carried further back than the circumstances of the case from the last and nature of the title require, the person last entitled to the Land shall be geSmed smu" '° coreidered the purchaser, unless it be proved that he inherited, in which fiise the person from whom he inherited shall be considered the purchaser, unless it be proved that he inherited ; and in like manner the last purchaser from whom the Land is proved to have been inherited, shall be considered the purdiaser, unless it is proved that he inherited, 3 V., c. 34, s. 2. O 298 INHEBITANOB. To tako us divisoo When any Land has been devised, by any testator who dies after 31 SSf'taMra °unaw J"ly> 18*"' *° ^'^^ ^^i''' °^ '" *^ person who stall be the heir of such testa- nssuroiices tor, such heir shall be considered to have acquired theLand as a devisee and not by descent ; and when limited by any assurance, executed after 31 July, 1840, to the person or to the heirs of the person who shall thereby have conveyed the same Land, such person shall be considered to have acquired the same as apurchaser; and shall not be considered entitled as of his for- mer estate, or part thereof, 34 V., o. 4, s. 3. simiinr provisions When any person has acquired any Land by purchase, under a limita- undor cases of iimi jjon to the heirs, Or heirs of the body of any of his ancestors, in an assurance orhSi's^f tiw body executed after 31 Jnly, 1840, or under a limitation to the heirs, or to the heirs of an ancestor of the body of any of his ancestors, or under any limitation having the same effect in the will of any testator ■v\'ho depaits this life after 31 July, 1840, such Land shall descend, and the descent be traced as if the ancestor named in the limitation had been the purchaser, 3 V., c. 34, s. 4. Desoont from a No brother or sister shall be Considered to inherit immediately from his biotiieror slater to Or her brother or sister, but every descent from a brother or sister shall be theparaft ""'°"»" traced from the parent, 3 V., c. 34, b. 5. LiDcai ancestor Every lineal ancestor shall be capable of being heir to any of his issue ; >"»J" be heir, and and where there is no issue .of the purchaser, his nearest lineal ancestor usue," of the ' pur° shall be his heir in preference to any person who would have been entitled chaser, in prefer- to inherit, either by tracing his descent through such lineal ancestor, or iu once to others consequence of there being no descendants of such lineal ancestor, so that the father shall be preferred to a brother or sister, and a more remote lineal ancestor to any of his issue other than a nearer lineal ancestor or hie issue, 3 v., c. 34, s. 6. Paternal ances- None of the maternal ancestors of the person from whom the descent is a°end''nt8 to b ' '''- ^ ^^ traced, nor any of their descendants snail be capable of inheriting, un- ferJedTo'themattr- til all his paternal ancestors and their descendants have failed ; and no nai ancestors, and female paternal ancestor of snchpersoli, nor any of her descendants shall be to"™! in'a le '^No capable of inheriting until all his male paternal ancestors and their descen- fentaiematernaian dauts have failed ; and no female maternal ancestor of such person, nor any cestor to inherit un- of her descendants shall be capable of inheriting until all his- male maternal tiimaieshnvefMied ^^(.estoi-s and their descendants have failed, 3 V., c. 34, s. 7. Where there is a failure of male paternal ancestors of the person from patonai^Sce'st'ors! whom the descent is to be traced and their descendants, the mother of his the descent to be more remote male paternal ancestor, or her descendants shall be the heir or mother rf'the more ''®'™ °^ ^'^"^ person, in preference to the mother of a less remote male pater- remote paternal an- nal ancestor or her descendants, and where there is a failure of male mater- cestor and iier nal auoestors of such persons and their descendants, the mother of his decendants more remote male maternal ancestor and her descendants, shall be heir or heirs of such person, in preference to the mother of a less remote male mater- nal ancestor and her descendants, 3 V., c. 34, s. 8. Relations by the Any person related to the person from whom the descent is to be traced, h»if blood |jy the half blood, shall be capable of being his heir, and the place in which any such relation by the half blood shall stand in the order of inheritance, so as to be entitled to inherit, shall be next after any relation in the same de- gree of the whole blood and his issue where the common ancestor shall be a male, and next afi;er the common ancestor where such common ancestor is a female ; so that the brother of the half blood on the part of the father shall inherit nextjafter the sisters of the whole blood, on the part of the father and their issue ; and the brother of the half blood, on the part of the mother, shall inherit next after the mother 3 V., c. 34, s. 9. In case of attain When the person from whom descent is to be traced has had any rela- ^^ tion who, having been attainted, died before the descent took place, such at tainder shall not prevent any person from inheriting laud, who would have been capable of inheriting the same by tracing his descent through such re- lation if he had not been attainted, unless the land has escheated in conse- quence of such attainder before 1 August, 1840, 3 V., c. 34, s. 10. Descents before '^'^'^ ^"^ ^^^'' '*°' extend to any descent which took place on the death 1 Angt. 1S40 of any person who died before 1 August, 1840, 3 V., o. 34, s. 11. Assurances and Where any assurance executed before the 1 August, 1840, or the will wiiu bofor'i Angt. of any pei'soD who died before 1 August, 1840, contains any limitation or gift IS* to the heir or heirs of any person, under which the person answering the deBcr^)tion of heir is entitled to an estate by purchase, the person who would have answered the description if this Act had not been made, is de- INTEREST, USURY. 299 clai'ed eutilled by virtue of Bucli limitation or gift, wliether the person named as ancestor were living on or after 1 August, 1840, 3 V., c. 34, s. 12. Initials and Contractions. In actions upon Bills of Exchange or Promisory Notes, or other written Donoription by iustrumeuts, any of the parties to which are designated by the initial letter in affldavita to hold or letters, or some contraction of the Christian or first name, or names, it shall '^a°"„,.UfioS'°°°"' be sufficient in every ailidavit to hold to bail, and in the process of declara- tion to designate such persons by the same initial letter or letters, or contrac- tion of the Christian or first name or names, instead of stating them in full, 8 v., c. 28, 8. 6. Insane Prisoners Where it is given iu evidence, upon the trial of any person charged Powers of th« with treason, murder or felony, that he was insane' at the commission of of 'S^" Suu^ the offence, and is acquitted, the Jury shall find specially whether he was ted of feionj on insane at the time, and declare whether he was acquitted on account of necount ofinannity insanity ; and if they find he was iusaue at the time, tne Court shall order him to be kept in Bti'ict custody, iu such place and manner as to the Court shall seem fit, until the Governor's pleasure is known, and thereupon the soe.26 v.,o. », s. is Governor may give order for his safe custody, as he sees fit, 1 V.,c. 28, s.2. If any person indicted for any ofleuce is insane, and upon arraignment poj.,„„, fo„„a to found so to De by a Jury impannefled for that purpose, so that he cannot be be insnno upon av. tried, or if upon the trial he appears to the Jury to be insane, the Court rniBnment oi- on may direct such finding to be recorded, and order him to ba kept in sti'ict tJo'ught "ip^to" "b" custody until the Governor's pleasure be known; and if any' person dischargedforwent charged with any offence is brought before any Court, to be discharged for "'' p™"""'"" want of prosecution, and appears to be insane, the Court may order a Jury to be impannelled to try nis sanity, and if they find him insane, may order him to be kept iu strict custody in such place and in ruanner as the Court deems fit, until the Governor's pleasure is known ; and in all cases of See 25 v., c. 9, s. 13 insanity so found, the Governor may give such order for the safe custody of such person during his pleasure, in such place and in such manner as he deeiisfit, 1 v., c. 28, 6.3. All persons of unsound mind charged with felony, and acquitted on au such pei-»on« account of insanity, or found to be insane at the time of arraignment, shall 'o be conflnod in the be confined in the'New Lunatic Asylum, 25 V., c. 9, s. 13. i"^' '■"°*"'= *"=" When any person under sentence in the General Penitantiaiy or p,.jsonev under other prison, becomes insane or of unsound mind, and the Surgeon or Me- sentence becoming dical Officer of the prison deems it proper he should be removed to the Lu- "•''■'= natio Asylum for safe keeping and for treatment, it shall be his duty forth- with to certify the same to the Governor, 24 V., c. 22, s. 1. ■Who, on receipt of the Certificate, shall sign and transmit his Wan ant Bemovai to the to the Superintendent, to deliver up the prisoner to the proper authorities at Lunatio Asylum the Lunatic Asylum, 24 V., c. 22, s. 2. As soon as any transfen'ed lunatic prisoner becomes sane, or of sound Hisreoovervtobe mind, the Medical Officer of the Lunatic Asylum shall certify the same cei-afled to the Go- to the Governor, 24 V., c. 22, s. 3. vemov And the Govenior shall forthwith sign and transmit his Warrant to who ahau direct the Inspector and Directorof the Asylum, either to discharge the person, if his discharge, it his penod of sentence has expired, or, if,not, to transfer him back to the Pe- J™o"rotum to pS'- nitentiary or prison from whence he came, thero to remam for the unex- son pired period of his sentence, 24 V., o. 22, s. 4. Interest, Usury. Merchants, factors and others residing in Great Britain, who lender ^6 per cent, inter advance moneys in Great Britain to persons in this Island, at the time, are est on British loans entitled to an Interest of £5 per cent, per annum, 24 G. 2, c. 19, s. 12. Notes and Orders carrying Interest shall carry interest after judgment interest on Judg upon the principal sum, at the same rate they bore before .judgment, until "!??'' .y™ """" thewholeprincip8li9satifified, 14 G. 3,0,28,5,13, .naorde,. 300 INTERPLEADER. On judg m e n I • When Judgment is obtained upon an open or settled acconnt of an^ of BriHaii oteditors pergon resident in Great Britain or Ireland, against any inhabitant cf this Island, Interest, at £5 forevery £100 by the year, shall be allowed from the first day of the Court in which judgment is obtamed on the principal sum, until satisfied, and the plaintiff, his Attorney, Execators, Adniinistrators or Assigns, may mark and sign, or cause, &c. a levy upon all process to be thereon issued accordingly, 29 G. 3, c. 13, s. 1. •-, On jacjgments on When Judgment is obtained on open or settled account, or other simple drtfigenOTa'r/ ° ' contract debt. Interest at £6 per cent, by the year shall be allowed from the' first day of the Court in which judgment is obtained, on the damages as- sessed until satisfied, and the plaintiff, his Attorney, Executois, &c., may mark and sign, or cause, &c., a levy for such damages with Interest upon all process to be thereon issued accordingly, 51 G. 3, c. 5. T)epe>i of Usuvy 24 G, 2, c. 19, s. 10, and 25 G. 2, c. 14. s. 1, and all existing Laws against l»Tr» Usury, repealed, 18 V., c. 48, s. 1. Without preju- ^"^ '° prejudice or affect the rights, or remedies, or diminish or alter dice to oiisting the liabilities of any person in respect of any act done previously', rights or liahilitie^ jg y Q_ 43 g o Where current Where interest is now payable upon any contract, express or implied rnto rocoverabia fur payment of the legal or current rale of Interest, or wbere upon any debt or sum -of money, Interest is now payable by any rule of La'w, the same rate of Interest shall be recoverable as if this Act had not been passed, 18 V., c. 48, s. 3. Interpleader. uo inMrest m'oy oif- Upon application by or on behalf of any defendant sued iii the Su- tain an order upon nretue Court m auy action of assumpsit, debt, detinue or trover, before plea claiming an "inter''- oj afftdavit Or Otherwise, showing that he does not claun any interest in the est to appear and subject matter of the suit, but that the right is claimed, or supposed to be- Di5sh'hiBciaim"and long to Some third party who has sued Or is expected to sue for the same, ?or*a stay of'pro and that the defencfaut does not in any manner collude with such third party, oced i n g s against ](,„( jg leady to bring into Court, or to pay or dispose of the suJ>ject matter him i costs, S.C. ^j jjjg action as the Court or a Judge may order, the Coui-t or a Judge may make rules and orders, calling upon such third party' to appear»aiid state the nature and particulars of , and maintain or relinquish his claim, and upon such rule or order to hear the allegations as well as of such 'third party as of the plaintiff, and in the_ meantime to stay the proceedijagsjor the action, and finally to order such third party to make himself defenaaiTjt in the same or' some other action, or to proceed to trial in one or more feigned ijsue or is- sues, and also to direct which of the parties shall be plaintiff or defendant on the trial, or with the consent of the plaintiff and such third party their Counsel or Attornies, to dispose of the merits of theii' claims, and determine the same in a summary manner, and to make orders as to costs and aU other matters, 7 v., c. 32, s. 1. The decision of The judgment in any such action or issue, as may be directed by the he court final Court, Or Jiid"e, and the decisions of the Court and the Judges in a summa- ry manner shall be conclusive against the parties, and all persons claiming under them, 7 V., e. 32, s. 2. Third piirty bar- If the third party does not appear, upon such rule or order, to maintain as'' aeaimit dSon Or relinquish his claim, being duly served, orneglects or refuses to oojiply , dantf costs as be with any rule or order to be made after appearance, the Court, or a Judge.'* '7T°fff' ' " ° ° '' ™^y declare him, arid all claiming under him, to be barred from prosecuting • " his claim against the originil defendant, his executors or administrators, sav^ ing the right or claim of such third party against the plaintiff, and thereupoi? make such order between such defendant and the plaintiff as to costs and other matters as may appear just, 7 V., c. 32, s. 3. Orders to be made No Order shall be made except in open Court, and during the regular sit- ohiffiSg Judge's'", tings of the Court. All orders made by any single Judge may be rescinded ders or altered by the Court in IBanc, within a reasonable time from the making as other orders by a single Judge, 7 V., c. 32, s. 4. .Tudgo may him- If, Upon application to a Judge, or in any later stage of the proceediugs, t-°«ntotho'oSSrt"°'' be thinks the matter more fit for the decision of the Court in Banc, he may ' refer it to them, and thereupon the Supreme Court shall dispose of the same, as if the proceeding had origiually comtueticed M ttile of the Sucreme OoBrt, r v„e. 32, a,6i '^ ISLAND CURATES' FUND. 301 When any claim is made by Assignees of Insolvent Debtors, or other Vrooeodiugs on persons, not being the parties against whom process is issued, to any ya^'uSSal LV. goods or property taken or intended to he taken in execution under ariiing out of the process, or the proceeds or value, the Court (upon application of 5M5°"'cMt8°^ '"° the Provost MMshal, his Deputies or other Oincer, made before ' or after the return of such process, and as well before as after action brought against such Provost-Marshal &c.,) may cidl before them, by rule of Court, as well the party issuing snch process as the party mak- ing such claim, and thereupon exercise for the adjustment of such claims, and the relief and protection of the Provost Marshal, &c., the power's before con- fined, and make such rules and decisions as appear iust according to the cu-cumstences. The costs to be in the disei'etion of the Court, 7 V., c. 32, s. 6. AU rules, orders, matters and decisions, except affidavits, may, together ProoediiigB to b« with the declaration, be entered of record in a separate book, to be kept ex- JSto book" and°in' olusively for the purpose, and regularly indexedTby the Clerk of the Court doiea, with date of with a note.in the margin, expressing the true date of entry, that the ™"3""' "W'b™ same may be evidence in future times, if requu-ed. To secure and en- force the payment of costs, every rule or order shall have the eifect of a judgment, except only as to becoming a charge on lauds ; and if any costs costs by°™nditii,ni are not- paid within 15 days after notice of the taxation and amount to the party ordered k> pay the same, his Agent or Attorney, a writ or writs of execution (in the form or nature of the writs of Venditioni Exponas, now in use, adapted and changed according to the case) may issue for the same, together with the costs of such entry, and of the execution, and shall be re- turnable ia the Court, to be held next after the day on which they are sued out, and bear teat, on the day of issuing, and not as of any term or sittings i iprorosi Marshal's and the Provost Marshal or his Deputies, or other Oincer executing any fees such writ, shall be entitled to the same fees, and no more, as upon any si- milar writ grounded upon a judgment, 7 V., o. 32, s. 7. Island Curates' Fund. The Keoei^er-General shall deduct and retain, out of each quarter- . Quarterly deduc- ly sum he is called upon to pay to the order or demand of any Curate, or rtipendsf ° *' '""" tne Chaplain of the General Penitentiary, £6 6s., 8 V., c. 38, s. 1. No lapse of stipend by the default of any Island Curate or Chaplain, whether there b« or otherwise, shall aiiect the Fund, butthe Receiver-General shall, quarterly, » '"P"" "f otipends apply to the Fund the deduction authorized, whether there be any lapse or °"^°' not, 8 v., c. 38, s. 4. Every person to be appoiutedan Island Curate, not having resided in Limitation of ih« the Island, and officiated as a Clergyman of the Church of England for 5 <^'^i<^s of the faniiiy years next preceding his appointment, shall appear in Kingston before he whoaeii'vM aro un- enters on his duties, and be examined by the Medical Officer of the Institu- insurable tion J and if it appear from a report, under the hand of such Medical Officer that the life ie bona fide, and apai-t from all technical objections, nniusurable, and would be rejected by any Assurance Office, according to the rules that govern Life Assurance, the Trustees may limit the claim of the family of such Curate on the Fund, by directmg that all payments, with their accumu- lated interest, be returned at his death to his family, provided he leaves any witliin the degrees of relationship, arid within the ages to which the benefits of the Fund extend. If the party whose life is declared to be uninsurable, in the event, survive five years &om his admission, his family shall be entitled to the benefits of the Fund to all intents, 15 V., c. 20, s. 5. The Trustees were permitted to admit, as members, Stipendiary Curates, stipendiary cu- desirouB of participating in the benefits of the Fund after a residence of 2 '*'" years immediately preceding admission in Jamaica, or elsewhere within the Tropics, to a certain extent, and upon certain conditions, 8 V., c. 38, s. 12, 13, 14, ptly. But these provisions are repealed, but not so as to defeat or limit any right or interest any Stipendiary Curate might have acquired, who should stul remain a Member ; and his widow and children are entitled to every ad- vantage to which they troitld otherwise have teen efltitiUtt, Hi V., " becoming a Rector, he shall receive from the Fund such sum w may the tani, or may be Considered equitable, to be ascertained as in the case of a Member becom- b°aHn?'meraS''"n ingaEeotor. If such Stipendiary Curate shall not pay to the Eeoeiver-6e- the >ame terms a> ueral on account of such Trust Funds, a like amount as would have been de- ifhehad continiieii ducted from his salary if he had remained an Island Curate,-and at, the times an B an ura e jj^^ Eeceiver-General was authorized to deduct the same, or within 20 days after, he shall be considered to have retired from the Fund. Such Stipen- diary Curate shall make the like returns, and in all respects be liable to the provisions of this Act, and of 8 V., c. 38, and 14 V., c. 35, as if he still cou- tinaed an Island Cnrate, 15 V., c. 20, s. 1. The provisions of 8 V., c. 38, and 14 V., c. 35, shall extend and be ap- plicable to every person wlio, having been an Island Curate, becomes a Sti- pendiary Curate, and remains a Contributing Member of the Fund, 15 V., c. 20, B. 2. Similar proviaioi K any Member become a Eector, he may either continue or retire, and if . in the case of any he retires and gives notice in writing to the Secretary of the Trustees of his ScominBTneMOT intention so to do, he shall receive such a sum from thB Fund as the Trustees, under the advice of the Actuary, consider equitable. If he receive any payment of his stipend from the Keceiver-General with- out the deduction, he shall be considered to have retired. ,If he elect to continue a Member, he shall give notice to the Sec- i retary, and also to the Receiver-General, vrao shall in such case continue to deduct from the stipend of the Eector the quarterly sums au- thorized to be deducted out of the stipend of the Curates and Chaplain, and, the Rector shall, so far as regards his interest, make the Returns, and be, in all respects, subject to the provisions herein, as if he had continued a Cu- rate, 8 v., c. 38, 6. 15. MemberE resign- If any Member, at any time resign his appointment in this Island, and inc their appoint give notice of resignation to the Secretary, and if any Stipendiary Curate, eqt5tab?e"imi'i?om being a Member of the Fnnd, become an Island Curate, such Meniber so re- thefund signmg, and such stipendiary Curate, shall receive such a sum from the Fund for his interest, as the Trustees, under the advice of their Actuary, consider equitable, 8 v., c. 38, s. 16. Or may eontinue Or though he resign, or cease to hold his appointment, he may continue contributing ■ mem- a Contributing Member, provided he pay to the Receiver-General, on ao- '"' count of such Trust Fund, a like amount as would have been deducted if he- had retained his appointment, and at such times as the Receiver-General is authorized to deduct the same from the stipends of Members, or within 20 days after. In the event of failure to pay such amounts, or any of them within the time limited, the interest or claim on the Fund to which his wi- dow and children would be entitled, if the payments had been continued until his death, shall be forfeited, 19 V., c. 16, s. 1. Deprived curaiea Ab to the Continuance of the claims of the widow and children of de- prived Cmates, see Clergy, 22 V., c. 9, s. 33-34. The unappropria- ^0 much of the Fund as shall be unappropriated, shall remain in the tad fund to remain hands of the Receiver-General as a Loan to the Public, to be applied to the G ""i' h°nds°to "^^^ °^ ^^^ Government, for which Loan the Receiver-General was di- aeoumuiate'at in- reeled to pay, and allow to the Trustees interest, quarterly, at the rate of t««>t £1 10s. per quaj:1;er, and, at the end of every qtiarter, to add unappropriated interest to principal, 8 V.,c. 38, s. 5. The above clause was repealed and re-enacted, allowing interest annu- ally at the rate of £6 per cent, per annum on the sum then invested, and also at the end of each year the addition of the unappropiated part of such interest to the principal of the Fund ; but in respect of all further capital to be invested, allowed only £4 per cent, per annum for interest, 18 V., e. 20. ttan'nt vats of The Receiver-General shall pay and allow to the Trustees interest at bueteai j^e rate of £6 per cent, per annum from Ist January, 1862, on the principal sum at their credit on that day, and the like rate of interest on all further capital and Reserved Appropriable Fund or Unappropriated Fvmd invested subsequently. 25 V., c. 34, s. 1. Such part of the interest as is unappropriated during any year, shall, at the end ot the year, be added to the capital, and bear mtei-est itt the rata mlo^ed W i^« ASe,- 25 V.) (n 34, e, 2. ISLAKD CURATES' PUNO, No interest shall be allowed after 1st Januarv, 1862, under 8 V., o. 38, or 18 v., c. 20, 25 V., o. 34, b. 3. . > > The Sums directed to be retained by or paid f o the Eeceiver-General and the accruing interest, with the monevs in tlie Receiver-Geueral's hands, under the repealed Acts, 6 V., c. 50, and? V., c. 65, were directed to be vested under the name of " The Island Curates' Fund" iu the Lord Bishop of Jamaica (in whose absence the Coadjutor Bishop, 2x! V., c. 23, s. 3, . Clergy), the President of the Council, the C'liief-Justice, the Vice-Chan- cellor, the Speaker of the House of Assembly, the Attorney-General, the Members ot Assembly for St. Catherine, Kingston, Port-lloyal and St Andrew for the time, and all the Island Curates and Chaplain of the Peni- tentiary (and all other Contributing Members, 15 V., c. 20, s. 4) for the time 303 Ti-ustoes of fund Quarterly inga Secretary the sums from time to time required, and the Trustees, with the assistance of an Actuary, shall direct, manage and appropriate the Fund to the beat •advantage for the benefit of the Avidows and children of the Islaud Cu- rates and other Members of the Fund, 8 V., o. 38, s. 3 ; 14 V., c. 35, a, 4 ; 15 V.,c. 2P, s.4;S2'¥'., c. 23, s. 3. The Trustees shall hold, at least, 4 meetings a year iu Kingston, on the first Thursday in January, April, July and October, for the purpose of trans- acting business ; and ail orders on the Keceiver-General for payments out of 'the JFund shall be in the Form aforesaid, and drawn and signed at such Quarterly Meetings by at least 3 Trustees (no Layman reoii'red, 14 V., c. 35, 8. 4), and also by the Secretary, 8 V., o. 38, s. 11. The Trustees were dh'ected at their first Quarterly Meeting to appoint one of their owti body to be their Secretary, at such a salary, to be paid out of the Fund as they should think proper, 8 V., c. 38, s. 6. They were also directed to convene a General Meeting' of Trustees, by Aotmry public advertisement (see now Jamaica Gazette, 8 V., c. 46, 14 V., S. 1, c. 4), for the purpose of elecliiig an Actuary of the Fund, provided the day ap- pointed for the General Jtteeting should be at least one month after the first publication of such advertisement, and the Actua^ should be an Actuary of one ofthe Life Assurance Societies in London, and be paid for his services out of the Fund, 8 V., c. 38, s. 7. The Secretary shall be selected from among the Contributing Members and not otherwise, 14 V., c. 35 s. 6. The Actuary or Secretary shall only be removable at a General Meeting ej^o^,! convened for the purpose, in pursuance of a resolution of a Quarterly Meet- ing, and in the manner pointed out for the election of the first Actuary, and upon the removal of any Actuary or Secretary, the Trastees shall at such Gfeneral Meeting, and upon their death or resignation at the first Quarterly Meeting after, appoint another, 8 V., c. 38, s. 8. The Trustees were directed to appoint some Resident Medical Practi- Meaionl oaicer tioner (in Kingston, 15V., c. 20,e. 5), to be the Medical Adviser of the Institu- tion, and to be paid out ofthe Funds for every report the usual fee paid by an Insurance Office for a similar report. On his death, removal orresignation the Trustees shall fill up the vacancy at their next meeting, 15 V.,c.20, s. 6. Contributing Members were required to make out and transmit to the _ Secretary Annual Returns as to the slate of their families, and in case any nef 'fmimimt'. member whose stipend was paid by or through the Eeceiver-General, i>e made to secre- omitted to make such return after 3 several applications, in writing, by the Sec- ""^ retary, in the 3 several months after 31 March, it was provided he should pay a fine of £10 to the Fund, which the Receiver-General was directed to de- duct from the next quarterly payment, after notice from the Trustees to make the deduction, 8 V., c 38, s. 14. On or before 31 March in every alternate year, a return shall be made by every Member of the Fund to the Secretary, stating such information as to the ages or marriages of their children, according to Form in Schedule A., and a copy of the Form shall be sent from the Secretary by the Post to each- Member, on or before 31 January, 1852, and in each alternate year after wards, 14 V., c. 35,8. 3. 304 From which he shall prepare and transmit to the Ac tuary returns at interest not exceed- ing 7 yeara And the Actuary prepare s e p t e n- nial schemes of dis- tribution to be pre- sented to and oon- flrmed by the trus- tees Cluimantfl on the f u n ds and tlieir interests therein Widows Ta n d children of Curates deceased since 31 December, 18t2 Children born before their father became a licensed clergyman of the dtocese Those bom before ho became a mem- ber of the fund IBLAKD CURATES' FUND. The Secretary from time to time, but at intervals not exceeding in the furthest 7 years, shall prepare and transmit to the Actuary for his guidance and information, the several forms in Schedule B. C. D. and E. accurately from the returns transmitted to him, 14 V., c. 35, s. 5. A scheme of distribution of the annual allowances to the widows and children of deCeased Island Curates and Chaplain for a period of 7 years wasfixedbySV., c. 38,s. 9. The scheme of distribution shall be submitted by the Trustees to the Ac- tuary for readjustment at the expiration of every 7 years, and if it require any variation, it shall be made by a certificate, in writing, of the Actuary, to be presented and confirmed at the next Quarterly Meeting of the Trustees after receipt. Such variation shall be framed upon the most correct calcula- tions which the circumstances admit, and so that the interestof all claimants open the Fund, whether in possession or expectancy, may be secured, 8 V. c. 38, s. 10. To entitle the widow and orphan children of any deceased Member of the Fund to a share of the benefit, they^ or. their guardians, if infants, shall produce to the Trustees a certificate from tbe Justices and Vestiy in Vestry assembled, of the Parish in which the Member held his appointment, certifying the number, ages and other circumstances affecting the claims, of such widows and orphans applying. No widow or daughter of any Member shall receive any share or benefit after her marriage, nor any son after he has attained 21, 8 V., c. 38, a. 17. Children of deceased Members, whose mothers shall be dead, shall be considered as fii'st class orphans, and those whose mothers shall be alive, as 2nd class orphans. Daughters after attaining 25, shall be entitled to allowances as 2nd class orphans only, whetiier theij- mothers are living ornot, 8V.,c.38, s. 18. If any Island Curate has died since 31 December, 1842, his widow and children shall be entitled to the same benefits as if he had died after this Act, 8V., c. 38, s, 19. No child of any person heieafter to be appointed an Island Curate, bora brfore the father became a liceused Clergyman in this Diocese, shall be en- titled to claim or receive any share, or to participate in any of the advan- tages of the Fund, 14 V., c. 35, s. 1. The children of any person becoming a Member, born after their father entered into Holy Orders, and whilst he was a Clergyman liceused in this Diocese, but before he became a Member of the Fund, shall be entitled to one-half the share and benefit according to the class to which they belong, which would have been heretofore allowed to them, unless the father, at the time of his decease, has been a Member and Subscriber for 10 years, in which case they shall be entitled a^, fully as if this Act had not passed, 14 V., c. 35, Annual retumfl to Aiiembl.v The Trustees shall, at the Quarterly Meeting in October, prepare and sign a report, to be laid forthwith before the House of Assembly, if in Session, or, if not, within a forthnight after the commencement of its then next Session, which report shall set out and explain the state of the Fund for the preceediug 12 months, and the names and ages of the parties, having allowances therefrom, the amounts and also the particulars connected with the parties who have ceased to have allowances since the last report, and shall also state the purport and effect of the opinion and advice given by the Actuary on the several points submitted to him, 8 V., c. 38, s. 20. Order to Recei- ver-General SCHEDULE TO 8 V., c. 38. Form or Obder to the Eeceiver-General. being for (here state Pa.v to the order of the sum of tlie purpose of the order) Dated this day of 18 A. B. ) C. D. } Tr E. F. ) nstees of the Island Curates' Fnnd. O. H., Secretary, ISLAND CUKATES' FUND. 305 a ^a • ■g §• 0,3 » 1 ' .2 ■s-s St3 — j3 ra aj B -g si 1 '6 Is >--v^< i i °i 1 s § - is cs 5 •5 1 si Q i. a 1 a § ■ ^ ^ >? i J » i ■ r- 1 s **'■« ^ 1 i . .s "o 4 ^ •4.;f -o ■s. ■s 'J^!^ ■ Q <§ 1-- S; in" ". ^ ■s CO CO m 3D " .g ^ QO S S TO 14 v., Yeara by e ■s 1-3 1 ft) ■a H o CO CO ^ - K ? ^S^'rg ^ Jl g ^ s ill 1 r * ■ *s 1 = ^ & fk =? * ^ jl ^ 1 .2 3 , 2 :: ■ ° P4 f? ' A 4 1 fH i-H 1 1 1 00 ^ '*». ,•■ ^ n ■s 1 i S i 1-5 1 t ■g ^ ^ ■3 :3 a ■3 ■a Q OJ CT S g$ S5 4 ^ H g « OQ g TJ d ^ ■^ fe 3 K J ll d J H d t shall be exempt from Stamp Duty, and recorded in the Secretary's Office, 8 v., c. 46, s. 8. , The Eeoeiver-6'eneral shall pay to the order of the Commissioners, out of any moneys unappropriated, the amount of the remuneration agreed upon and fixed on any such Contract, in the proportions, and at the times the Commiasionera appoint for paypient, 8 V., c. 46, s. 9. In case of failure, non-perf()rmance or non-observance by any person, of the terms of his Contract, the* Commissioners may immediately break off and annul any Contract, and may again, either before or after reseinSing any Contract, advertize for new Tenders, and Contract anew for the publi- cation, distribution and ch-cnlatidn of such Newspaper, taking security for the performance of the CbAtrast. But not to aflfect the right of the Oom- miaaionera of proceeding against any Contractor and his Sureties for any breach of Contract, 8 V., c. 46, s. 10. All Public aud Parochial Authorites, Officers, Commissioners aud Trustees, shall publiah in such newspaper, in lieu and instead of any other, all Advertisements necessary in the course of their business or duty, di- rected by previous Acts, and for such number of times, and as required to be published, and pubhcation in such Newspaper shall be a compliance with sucn Acts, 8 V., c. 46, s. 11. No Advertisement, Notice or Communication of a public nature from any Public or Parochial Authority, or Officer, or Board, ■Whose Advertise- ments are required to be inserted in the Newspaper, snail be valid, unless published as directed, 8 V., c. 46, s. 12. Not to interfere with the Royal Prerogative, 8 V., c. 46, a. 13. The Commissioners of Public Accounts may, when there is no existing contract under the 8 V., c. 46, or if the publication of the " Jamaica Gazette by Authority," from any cause, ceases or determines, appoint any one or more Newspapers published in Kingston, in which Advertisements of a public Security Contiact — Bond Stamps Payment Annulment of con- tract Adrertiaenients directed by previoua acts to be made in iFbe Gazette Otherwise not valid Prerogative not aR'ected Publication o f advertisements, itc. d uring non exia- tence of Gazette JAMAICA RAILWAY COMPANY. DRturo shall 6e published, wMoh shall, ^rlng the uon-iixitfenffl of ftiJy Con- traot^ or the non-publioatlon or such Newspaper be sufficient ; and it shall not be necessary to publish the Adyertisements npoil any 'Other day la such week than Thursday, or such other day as they direct, 14 V., S. 1, c.4, s. 1. -. .. • * ■ .L , Jamaica mutual Life Assurance Society. Certain powers of suing and being sued, and other privileges confer- limited powers red upon them, but without incorporating them, 8 V., c. 13. Mnleroed upon 8 v., c. 13, B. IS, which enabled them to invest their Funds in the Ee- _ Powers to m^e , ceivei'-General's Office, at £6 per cent, per annum Interest, repealed, .^vestments in 18 v., c. 47 fieceirer-oeane- ral'B Offioe repeal- ed Jamaica Railway CompaiLy. Incorporation, powere and privileges of the Company, for establishing Incorporated ^nd maintaining a KailWay fi'om Kingston to Spanish-Town, thence to the . Apgel's Pen, 7 V., c. 25^ Powers of the Legislature to purchase the Line after the expiration of 20 years, from lat January, 1845, or to reduce the Fares or Tolls, guaran- teeing jS15 per cent, per annum profit to the Proprietors, 8 V., c. 12. ' Clauses more especially affecting the Public : — .. ^ "'The Master or Owner of every Barge, Float, Boat or Vessel, passing Damaees by tinder any Bridge built by the Company, shall make satisfaetioii ; i them for barges, &o. to any damage or mjiu-y, 7 V., c. 25, s. 9. bri(4ea°°™''°''^'* No Shareholder shall be liable for any debt of the Company beyond I^ntofShare- his share of unpaid capital, 7 V., c. 95, s. 27. holders' liabQities The Company may demand and i-ecover for Carriages not belonging to toUb demanda- them, movedj or propelled upon the Railway, for oonveyauoe of Passengers bis tor use of road or Cattle, Animals or other hve or deid Stgck, and otnerwiscj, or of Pro- dnce,>and any Article, Matters or things at a rate or Toll not exceeding : For all Dung, Compost, and all Soils of Manure, Lime and Limestone, and for all Undressed Materials for the r^air of Public Roads or High- ways, per t«n, per mile £0 6 Coals, Coke, Culm, Charcoal, Cinders, Hay, Grass, Firewood, Erailding, Pitching and Paving Stones, Dressed Bricks, Tiles, Slates, Clay, Sand, Iron; Stone, Pig, Bar, Eod,'Hoop, Sheet and all other' descriptions of Wrought Iron and Castings, not manufactured into Utensils, or other Articles of mer- chandize, per ton, per mile ,''■ 9 Sugar, Coffee, Hum, ifimento, Grown^Corn, Salt, SaltBsh, "Salted Provisions, Flour, Cheese, Candles, Soap, Dye- wo6ds, Epl'thenware, Lumber, Staves, Shingles, Deals, Metals, except Iron Nails, Anvils, Vices and Chains, per ton, per mile »■'■ lOJ Cotton and other Wool, Hides, Drugs, Manufactured Goods and other Wares, Merchandize 'or Things, per ton, per mile 10 Every person conveyed in or upon any Cairiage per mile 4 Every Parcel, not exceeding 28 pounds for any distance .. 6 " " Not exceeding 100 pounds 1 Every Horse, Mule, Asa or other Beast of draft or burden, and and for every Ox, Cow, Bull, or Neat Cattle, conveyed in or upon any Carriage per mile-. 3 Every Calf, Sheep, Lamb, Goat or Pig so conveyed, per mile.. 1 Every Carriage of whatever description so conveyed, not adapted and used for traveUing on a Railway, and not weighing more than one ton, carried on a truck or Plat- form, per mile 00 b Every such Carriage weighing move than one ton, per ton, per • mile, and so in proportion for Hvery fraction of a ton U U H 310 JAMAIOA BAIIWAY OOMFANV. Svery Carriage not belonging to .tbe Company, but properly adapted for use on the Kailway, to be approved of by their Engineer, not weighing more than one ton, moved or pro- pelled by the motive power used on the Eajjway, per mile . . £0 6 Every Carriage of like description above one ton weight, per ton, per mile, according to weight, charging for all frac- tional parte below 1121bs. as llSIbB 6 7 v., 0. 25, 9. 73. Oompany'BtateB The Company may carry passengers, produce, goods, cattle and other for (suTlage. Ge- animals, and demand and recover for such carriage and conveyance, in ad-' ti^ttodeter^^ dition to the rates and tolls before authorized, such sum as the Company dieputee • See s. <"' Directors may fir and require, and shall have a general lien in respect 84, 85^8 v., c. 12, of the conveyance of all produce, cattle, &o., carried by them, and may B- 5. seize and detain any produce, cattle, &c., carried by them, not only for the carriage of the particular produce, &c., but also of any other produce, &c., tfierefore carried, then dufe from the persons by or to whom they are addressed, until payment is made, as well for any general balance, as of the sum due for the carriage of the ai-ticles seized, with reasonable charges for seizure and detention ; and if not redeemed within 10 days, they may be ap- praised and sold as in case of distresses for rent. In case of dispute con- cerning the amount due, or the charges, it shall be ascertained and deter- mined as in cases of disputes respeotmg rates and toUs due to the Company, and the Justice determining the dispute, shall have the like power to award and enforce payment of the costs as in such cases, 7 V., c, 25, s. 74. No greater tolls Neither the Company, nor any person using the Eailway as a carrier, to be charged by gjjall demarui or take a greater amount of toll, or make any greater charge other person thm ^™ the carriage of passengers or goods, than they are authorized to demand ; the company are and, upon payment of the tolls demandable, all persons shall be entitled to authorized to fle- use the Eailway, with carriages properly constructed, subject to the regula- ™*°° tions of the Company, by virtue of the powers conferred upon them, 7 V., c. 25, s. 75. Power toreducs The Company may reduce the rates, and afterwards raise them, so that and raise tolls they shall not, at any time, exceed the amount authorized, 7 V., c. 25, s. 76. TollBtobechaig- All tolls for the use of the Eailway, and all tolls for carriages and ed equally to fSl the use of locomotive power, shall be charged equally to all persons, whether persons pgp mile or per ton per mile, or otherwise, in respect of all passengers, and of all goods, &c., of alike description, conveyed or propelled by a like carriage or engine passing in the same portion of the line of Eailway, under the like circumstances ; and no reduction or advance in any tolls shall oe*made ' - directly or indirectly, in favor, or against any particular Company or per-^ son travelling upon, or using the same portion of the Eailway, 8 v., c. 12, B. 5. Lists of tolls, The Company shall cause to be painted on boards, and affixed, and con-, 4c. to he exhibit- tinned and renewed as often as obliterated or defaced, in some conspicuous e'l place at the commencement and termination of the Eailway, in large and legi- ble characters, an account or list of the several rates or tolls the Com- pany direct to be taken, and of the prices to be taken for the carriage of passengers, articles, matters or things upon the Eailway ; and in' case any owner or master of, or person having or assisting in the charge of any Car- riage, or any Collector of rates, tolls, or sums, demands or takes more than the amount therein specified, he shall forfeit not exceeding £20, 7 V., c. 25, S.80. Tolls to be taken The Company shall not demand or take any rates, tolls or sunrs, except oiJy while exhlM- during such time as the board on which they are painted remains aJBxed, *^ 7 v., S. 25, s. 81. Defacing, &e! If any person wilfully pulls down, defaces or destroys any board whereon hoards on vhich any bye-laws, orders, or rules, rates, tolls or sums are painted, or con- bye-laws, tolls, curs or aids therein, he shall, on conviction, forfeit to the Company not &c. are painted exceeding £50, 7 V., c. 25, s. 82. ^ ' Duties of Col- Every Collector shaU place his Christian and surname painted on a lectors board in legible characters in the ft'ont or other conspicuous part of the place at which any rates, tolls or sums are collected or received, whereat he ' shall be on duty, immediately on his coming on duty, each of the letters of such names to be at least 2 inches in length, and of a breadth in propor- tion, and painted either in white letters on a black ground, or in black let- JAMAICA RAILWAY COMPANY. 311 tereon a white gioand, and continue the same so placed diu'iug the whole time he ia'on duty, If any Collector omit bo to do, or demand or take a greater or less rate than he la authorized by this Act, or the orders and reao- lutlons of the Company in pnrauance thereof, or demand or take a rate, &c., from any person who is exempt from payment, and claims such exemption, or refuses to permit, or will not permit any person to read, or hinders anjr person from reading the inscription on the hoard, or refuses to tell his Christian or surname to any person who demands the same, or having paid the legal rates, &c., or in answer to gnoh demand gives a false name, or upon the legal rate, &c., being paid or tendered, unnecessarily detains, or wilfully obstructs or prevents any passenger from passing on the Railway, or makes use of any scurrilous or abusive language to any passenger, or to any Trea- Buier, Clerk, Engineer or other Ofticerof the Company, such Toll-Collector shall forfeit not exceeding £10, 7 V., o. 25, s. 83. The rates, &.O., authorized to be taken, shall be paid to such persons at Regulations res. such places, upon or near the Eailway, and in such manner and under such SfmtMiaeirtOTre- regulations as the Directors, by notice to be annexed to the account or jngnj oi tolls, to, list of rates, &c., direct ; and in case of a refusal or neglect, on demand, lo pay such aa have acrued due to the person appointed to receive them, the Directors may, in case such rates, &c., amount to £50 or upwards, sue for and recover the same, by action of debt, or upon the case in any Court of Becord, or the person to whom they ought to have been paid, may, whether they amount to £50 or not, seize the articles, mat- ters or other things, in respect whereof any such rates, &o., ought to be paid, or any part thereof, and the carriages laden therewith, and detain them until payment is made, with reasonable charges for such ^eizure and detention ; and if they ai-e not redeemed within 10 days, they shall be ap- praised and sold, as in cases of distreaa for rent. In eaae such rates, &c., do not amount to £50, the Company ahall not sue by action of debt, or on the case, but they ahall be recovered by distreas and sale only, 7 V., c. 25, a. 84. If any dispute arise coueemiug the amount of the rates, &c., due to the Disputes r e s- Company , or the charges of distress, the Collector, or person distraining, may to be'let^SS detain such distress, or, aa the case may require, the proceeds of sale, until by a Justice, costs the amount of the rates, &c., due, or the charges are ascertained by a Jus- tice acting within his jurisdiction, who, upon application, shall examine the matter, upon oath of the parties or other witneaa, and determine the amount, and may aaseaa and award auch costs to be paid by either of the parties to the other as he thinks reasonable, and, in case of non-payment, on demand, such costs shall be levied by distresa and sale, by warrant of auch Justice, 7 .f.,c. 25,8.85. If any person wilfully throw, place, scatter, or drop any gravel, atone Obstructions to rubbiah, or other matter or thing upon any part of the Kailway, unleaa by railway authority of the Company, or wilfnlly Obatruot or prevent any person in the execution of this Act, or do any act to obstruct the free passage of the Kailway, he shall forifeit not exceeding £100, norleaa than 40b., 7 v., c. 25, a. 89. If any _person wilfully, and to the injury of the undertaking, or of the Injuring or Company, injure, break, throw down, destroy, steals or take away any steiding any part pai-t of the Eailway, or other works or matenals, he shall be liable to the °„^ tauway or like penalties as in cases of felony, and the Court was empowered to cause him to be transported for 7 years, or, in mitigation, award such sen- tence aa the Law directs in cases of simple Larceny, 7 V., c. 25, a. 90. Tranaportatiou has been abolished, and 4 years' penal servitude substi- tuted for 7 years transportation, 21 V., o. 14, s. S, All persons may pass along the Eailway with carriages properly con- passage w i t ii structed as directed, upon payment only of such rates, &c., as shall be carriages properly demanded by the Company, not exceeding those before mentioned or re- constructed o n feiTed to, provided the motive power ia of the same deacription as that used piiymcnt of tolls, by the Company ; and such persons shall be subject to the rules and regu- lations, as to speed or otherwise, which are made by the Dii'eotora, by vir- tue of the powers herein granted, 7 V., c. 25, s' 97. If any person (except the Company, their agents and servants, and by Biding or driv- them only, lor the purposes of the Eailway), ride, lead or drive, or cause, ing beasts upon &o., or aid or assist, &c., upon auch Eailway, without the license and railway consent of the Company, auy Horse, Hnle or Am, on lead or drive, or upon railway The Company to fence off rail- way from adjpiu- inglands' * Service of no- tice to the Com« pany Notices Iby Com pany 012 JAMAICA RAILWAY COMPANY. cause, &c., or aid or aBsist, &e., any cow or other neat cattle, sheep, Bwine or any other beast or animal (except only in directly csossiug the same, at pliacea to be appointed for the purpose, and except only in passing across the same, for the necessarj; occupation pX the.lande through -which the Railway is laid), he shall forfeit not exceeding £lS', 7 V., c. 25.j_s. 98. If any person pass, or'travel on foot npon the Railway (except for the purpose of attending any carriage under his care, and except any Officer or other person in the employ of the Company, and also except the own- ers or occupiers of lands and premises adjoining the Eailwiy, their ser- vants and workmen, in passing across or along the same, as before autho- rized to and from their lands), he shall forfeit not exceeding £10, 7 V., c. 25,8.99. The Company shall, at their own charges, after any land is taken for- the use of the Railway or other works, divide, and separate .and keep the same constantly divided and separated from the lands adjqijung,. with good and sufficient posts, rails, hedgesj, ditches, mounds or Qther fences, in case . .the ovrnera at any time desire the same to be fenced off, or the Compaiyr ,, think proper to fence them oif, instead of erecting gateS across, and dtiaJd " make and maintain all necessary gates and stiles in such fences," the gates being made to open towards such lands ; and in every such case the powers and regulations before containe'd, vrith respect to the gates and other works, shall extend and apply to the making and maintaining o:f such fencess and ' the gates and stiles therein, 7 V., c. 25, s. 102. ' ' ^ In cases where it is necessary to s^'ve any summons, demand, notice, writ or other proceeding at Law or in Equity upon the Company, ser- vice npon any Director, or the Manner or Treasurer, or left at the office of the Manager, or Treasurer, or Company, shall be sufficient, 7 V., c. 25, s. 104.' , " ' ' Where it is necessary for the -Company to give notice to any Body corporate or person, it may be in -writing;, in print, or partly in ^riting and partly in print, .and be signed by a Du'eoto^ or by the Clerk of the Company or Treasurer, without being required to be under the CorBmon Seal, and be delivered to such person, -or left at his last or usual place of abode, or be delivered to some member of theCorporation, or left at his last or usual place of abode, or to some Clerk or other Officer of the Cop,- patioD, or left at his office, or last or usual place of abode, except whete any other mode is directed, 7 V., e. 25, s. 105. When any money is by any Justice ordered to be paid as compensation , or satisfaction for any materials or costs, or for any damage, or injury don*.'^ or committed by the Company, or any.person acting under their autnoritjr*. and the money is not paid by the Company to the party entitled,'Within of' days after demand, in writing, has been made from the CompaJiy, in .pursu- ance of the direction or order of such Justice, and in whicu demand tjie order of the Justice shall be stated, the amount shall be levied and re-'' covered by distress and sale of the goods vested in the Company, or of their Treasurer, for the time, under a warrant, under the hand and seal of such Justice, on application for the purpose by the party entitled to recMve the money. The Ireasurer va&y retain out of any money he receives, all damages, costs and expenses he is put unto, 7 V., o. 25, s. 111. Keooveiy and All penalties and forf^urea imposed by this Act, or by any bye- application of law, rule or order made in pursuance thereof, (the manner of levying and penalties recovery whereof is not otherwise directed), may, in case of non-payment, be recovered in a summary way, by the order and a^udicatiou of two Justices, and afterwards be levied, as well as the costs, if any, on non-pay- » ment, by distress and sale, and where not directed to be otherwise appBod, shall be paid, one moiety to the informer, and the remainder to the Trea-* ■ surer of the Company, unless incurred by the Company, when they shall be paid one moiety to the informer, and me remainder to the Churchwar- dens for the benefit of the poor, and if not forthwith paid, the Justices shall order the offender to be detained in safe custody, until return can be conveniently made to such warrant of distress, unless he gives security by way of recognizance for his appearance before them, or some other Justices on the the day appointed for the return of such warrant (not more tliaii' 8 days fi;om the taking security) ; but if upon the return it appear that no suffi- cient distress can be had whereoii to levy the penalties and costs, and they are not forthwith paid, or if it appear that the offender has not enffieient goods whereupouthe peaualties, &e., cotddbe levied, it a warrant of distress Recovery of compensation, &c. from Company JAMAICA RAILWAY COMPANY. 313 issued, tliey ueed not isane the same, but may, by waa'rant, commit him for not exceeding 3 calendar months, or until the penalty is sooner paid, Willi costs, or antil he be otherwise discharged by due course of law,* V., 0. 25, s. 112. In cases where damages or charges are authorized to be paid, and the 2 justioos to as- manner of asiCei'taiuing the amount is not specified or provided for the andcSorBos'""'^'' amount, in case of non-payment or dispute, shall be ascertained and deter- mined by two Justices, who are authorized to investigate the same, on oath or otherwise ; and where any damages or charges are directed to be paid in addition to any penalties for any offence, the amount, in case of non.pay ment or dispute, shall be settled and determined by the Justices, who, on non-pay- ment of the damages, shall levy the same by distress and sale in manner diiectod for levying penalties, 7 V., c. 25, s. 113. The Justices may summon the parties complained of, and hear and deter- justices may pro mine the matter, although no information, in writing, has been exhibited, and "'.^^ on summons such proceedings shall be as valid, as if aninformation in writing had been JT™ in writSio °"" exhibited, 7 v., c. 25, s. 114. ^ The Gustos or senior Magistrate of Kingston, St. Catherine or St. An- Special Constables di'ew, and a Justice of either parish acting within his jnrisdiction, may ap- point fit persons, nominated by the Manager and Treasurer, or 3 Direc- tors, to be Special Constables within the Railway and other works, and every person so appointed shall' make a declaration before a Justice, duly to execute the office of Constable for the premises ; and every person, so ap- pointed and sworn, shall have power to act as a Constable for the preserva- tion of the peace, and the securiLy of persons and property against felonies and unlawful ai;ts within the limits of tie premises, and shall have all powers authorities, protections and privileges for apprehending offenders, as well by night as by day, and for doing all acts for the prevention, discoyery and prosecution of felonies and other offences for the preservation of the peace, as Constables ; and tlie Justices, on proper representation of the Company or Manager, or the Manager and Treasurer, or 3 Directors, may dismiss or remove any such Constable, and thereupon all powers, &c., vested in him shall cease, 7 V., c. 25, s. 115. ' Any Collector, Surveyor, or other officer of the Company, or any Po- Securing t r a n lipe officer or Constable, and such persons as he calls to his assistance, may sicntoffonaora seize and detain any person unknown to such Collector or Surveyor, or other officer who commits any offence against this Act, and convey him be- fore a Justice for the parish, without any wan'ant or other authority than this Act, and such Justice shall proceed immediately to the hearing and de- termining of the complaint, 7 V., 0. 25, s. 116. The Justices may cause the information (where one is taken in writing information and or in piint), and the conviction to be drawn up according to the following oonviotion Forms, or to the same effect : — FORM OF INFORMATION. Be it rememembered, that on the _ day of ,^^^ j,^,.^, ^^, A. B. of mformeth me (or us) of Her Tory aefectiTe, and Maiesty's Justices of the Peace for the Parish of it wouia be advisa. that of (here describe the offence, with the time and gl^cn by wv., c°s6 place) contraiy to an . Act, "passed in the seventh year of the reign of Her Majesty (^tueen Victoria, entitled ", An Act for making and maintaining a Railway from Kingston to Spanish Town, with liber- ty to continue the same to the Angel's Pen or Plantation, situate in the PaHsh of Saint Catherine, and for other purposes, which hath imposed a forfeiture of for the said offence. Taken the day of before me (or us). FORM OF CONVICTION. Be it remembered, that on the day of A. B. is convicted before me (or us) of Her Majesty's Justices of the Peace for the Palish 01 (specifying the offence, and the time and place when and where the same was committed as the case may be), contra,- ry to an Act, passed in the seventh year of the reign of Her Majesty Queen Victoria, entitled (here insert the tijle of the Act, see siip.) Given under my hand and seal (or our hands and seals), the day and year first above written 7 V,, c. 25, s, 117, ab initio, &a Appeal Evidence of Byo rrotoction Kctions 314 JAMAICA SPA. DistrBBsos, io. No dietrees shall be deemed unlawful, nor au^ party making the same mint''of''fonii, nol a trespasser, on account of any defect, or want of form in the summous, parties trespassers Conviction, warrant of distress or other proceeding, nor shall such party be .1, ,»i.i„ *„ deemed a trespasser ab initio on account of any irregularity afterwards com- mitted by him, but aU persons aggrieved by such defect or irregularity, may recover satisfaction forthe special damage in an action upon the case, 7 V., c. 25, s. 118. Parties may appeal from summary convictions, 7 V., c. 25, s. 119. * In cases of prosecution for offences against the rules, bye-laws, orders and regulations of the Company, the production of a written or printed paper ■ purporting to be rules, &o., and authenticated by having the Common Seal of the Company affixed thereto, shall be evidence of the existence of such rules, &c. I and it shall be sufficient to prove they h^e been made public, by exhibiting in a conspicuous place at the termini of The Railway,' and upon any toll-house of the Company, a written or printed copy, 7 V., c. ^, s. ISO. ^ ■m No proceedings shall be quashed or vacated for want of form, or be re- moved by certiorari or other proceeding into any Court of Eecord, 7 V., c 25, B. 121. •» fa ui wuui ». for their judg- When the Judges of the Supreme Court, the Vice-Chancellor, the ™p?eV?nto a book- Ju^ges 0*' tbe West India IncumLered Estates' Court, or the Conrl|,()f Ap- DisQualifl cations see c. 13, a. JUDGMENTS, DECREES, ORDBHS. 337 peal from the Bummary Jurisdlotion of Magistrates, shall deliver to the Clerk or Registrar of the Court, their reasons, in writing, for any Judgment, the Clerk or Begistrar shall copy the same into a eubstantially boimd book For roferonce in his office, to be kept for reference by all Members of the Legal Profes- sion, without payment of any fee, and by any other person, on payment of any fee payable for consulting the Records, 28 V., c. 14, s. 1. In any case wherein it is signified to the Court that the judgment is in- Written reasons tended to be appealed against, a written copy of such reasons shall be de- ^^JJ^ ft°iB*BiSnmok livered in reasonable time to the Clerk of tne Court, or the Registi ar, as to the Ccu-t that the case may be, 28 V., c. 14, s. 2. u>o docisimi win bo ■' ' ' ' apiicalcd ft-om Upon payment of the fee, for copymg work in the omce of the parhcu- charge for cortm- lar Court, any party may obtain an office copy of any such written Jndg- "'^ eopws mentor decree, certified by the Officer, 28 V., c. 14, s. 3. Jadgfinents, Decrees, Orders. All Judgments obtained on Bond, Promissory Note, Bill of Exchange, . ABnignmenti of or onanyaccountorcauseofaction whatever, and passed or paid away, may Judgments be assigned in manner following : — ^ Be it remembered, that I, A. B., have, this day of in the year Form of our Lord assigned unto C. D., his Heirs, Executors and Ad- ministrators, a Judgment obtained in Grand Court for the sum of by against " on iiie (Bond, Note, Bill of Exchange, or as the same may be), and that there is now due thereon the sum of principal money, the sum of for interest and costs ot suit, aiid I have re- ceived the sum of in full consideration thereof, Such assignment shall be recorded in the Office of the Clerk ot U.e Su- preme Court, 14 G. 3, c. 28, s. 6. The Clerk of the Supreme Court and Crown shall keep a separate book Eoconi for recording Assignments of Judgments, 20 V., o. 22, s. 23. And on any Assiggment being recorded, shall make, or cause to be made, to be notea on anotein the margin of the record of the Judgment, of the name of the As margin of record of signee iind date of Assignment, and shall not knowingly suffer to issue out toSssued by As' of his office any writ on any such Judgment, except by the party entitled signee to the Assignment, or his Attorney -at-Law, 20 V., c, 22, s. 24. Tlie Clerk of the Supieme Court and Crown shall keep back alphabets Back Alphabets of Judgments obtained in the Supreme or Circuit Courts. Penalty, £300, 20 v., c. 22, s. 20, to be recovered on application of the Attorney General or party aggrieved, and the proceeds applied to the use of the Public, 20 V., c. ' All Judgments obtained and verdicts entered up in the Middlesex, judgments of Cornwall and Surry Assize Courts, shall be deemed and entered up in the Assizes to be onter- Office of the Clerk of the Supreme Court as .Indgments of the Supreme supreme Court '"^ Court, immediately preceding the Assize Court in which the verdict was ob- tained, 3 V.,c. 65, s. IS. Immediately upon Judgment being entered up in the Supreme Court, the immediate exeoa party in whose favor it passed may issue his writ to the Provost-Marshal, *'<"• who shall immediately proceed to execute the same, according to its exigency, and upon the sale of any levy made thereunder, pay over the proceeds, de- ducting his legal commission, to the party issuing it, 19 V., c. 10, s. 39. All Judgments against any person shall, from (the Registry, s. 15) in the Liens of judg- Office of the Clerk ol the Supreme Court, operate as achai'ge upon all lands,' monta on lands &c.,of or to which he was at the time of (registration), or at any time after- wards shall be seized, possessed or entitled, for any estate or interest at Law j)r in Equity, whether in possession, reversion, remainder or expectancy, or over which, he at the time or afterwards, shall have any disposing power, which he might, without the assent of any other person, exercise for his own benefit, and be binding against him, and all persons claiming under him, and be also binding as against the issue of his body aud all other persons whom he might, without the assent of any other person, cut off and debar from any remainder, reversion and other interest in or out of any such lands. No Judgment shall have preference or priority over any unrecorded Deed, ap- pealing by the probate.to be prior in point of date, such Deed not being a vo- luntary settlement where the possession has gone consistent therewith, nor prevent a valid title fi'om being acquired against Judgment Creditors by the effect and operation of tlie posBesBory laws of this Island, 8 V., c. 48, b. 10. stock or BhBros If any person against whom Judgment is entered up has or is entitled to any Government, Island or other stock funds pr annuities, or any stock or shares of or in any public Company in this Island (whether uiooq)orated or not) , standing in bis name , in his own light, or in the name of any person in trust for him, any Judge, on application of any Judgment Creditor, may order that such stock funds, annuities or shares, or such of them, or such part as he thinks fit, shall stand charged with the payment of the amount for which Judgment has been entered up, and all interest due thereon, which order ■ sball entitle the Judgment Creditor to all such remedies as he wonld have been entitled to, if the charge had been made in his favor by the Judgment Debtor. No proceedings shall be taken to have the benefit of such onarge, until after the expiration of 3 calender months frTim the date of the order, 8 v., c. 48, s. 11. r a !■ oxparto Every such order shall be made in the first instance ex parte, and with only in the nrat in out notice to the Judgment Debtor, and be an order to show cause only, obs'iuto*" ^° ""'''"' ^""^ shall restrain the Dijectors of such Bank or Company, or the Eeceiver- ° '° ° General, from pei-miiting a transfer, or making payment of any dividends or interest thereon in the meantime, and until the order is made absolute or discharged, and if after notice to the person to be restrained, or in the case of Corporations, to any authorized Agent, and before the order is discharged or made absolute, such Corporation oi person permit any transfer to be made by the Judgment Debtor, the Corporation or person shall be liable to the Judgment Creditor for the value or amount of the property charged and transferred, or such part as is sufficient to satisfy th.e Judgment ; ana no dis- position ot the Judgment Debtor, in the meantime, shall be valid or eifec- tual against the Judgment Creditor. Unless the Judgment Debtor, within a time to be mentioned in such order, shew to a Judge sufiicient cause to the contrary, the order after proof of notice thereof to the Judgment Debtor, his procuration Attorney or Agent, shall be made absolute. Any Judge, upon , the application of the Judgment Debtor or any person interested, shall ' '.* have power to discharge or vary such order, and in all cases to award such costs as he thinks tit, 8 V., c. 48', s. 12. Benefit of charge If any Judgment Creditor who baa obtained any charge, oris entitle'd to forfeited, if debtor to the benefit of any security afterwards, and before the property charged or taken in execution gecured has been converted into money or realized, and the produce applied towards payment of the Judgment Debt, cause the person of the Judgment Debtor to be taken or charged in execution upon such Judgment, ,,he shall be deemed to have relinquished all right to the benefit of the charge or se- curity, and shall forfeit the same, 8 V., c. 48, s. 13. Decrees Orders ■'^" decrees and orders of Courts of Equity, and all rules of Courts of Bnies, to have effect Common Law, and all ordersof the Court of Insolvency, whereby any sum of judgments, imd ^f money, or any costs, charges or expenses ai'e payable to any person Judg«i"extended to shall have the eifect of Judgments in the Supreme Court, and the persons^' Courts of Equity to wliom they are payable shall be deemed Judgment Creditors within the' °'scc"''Titf"Tnter- -Act, and all powers given to the Judges of the Supreme Court, with respect pleader, 7 V., c. 32, to matters depending in the same Court, may be exercised by Courts of =■ ' Equity, with respect to matters therein depending, and by the Court of In- solvency, and all remedies given to Judgment Creditors are in hke manner ■ given to persons to whom any moneys or costs, charges or expenses, are by .' such orders or rules dhectedto be paid, 8 V.,- c. 48, s. 11. Registers of judg- No Judgment of the Snpremie Court, nor any Decree or order of any m e n t s, decrees. Court of Equity, nor any rule of a Court of Common Law, nor order in the wills and orders (^onvt of Insolvency, shall, by virtue ol this Act, aflect any lands, &c., as to purchasers, mortgagees or creditors, imless and until a memorandum or minute containing the name and the usual or last known place or abode, and the title, trade or profession of the person whose estate is intended to be af-, fectedjand the Court, and the title of the cause or matter in which such Judg- ment, Decree, or order or' rule was obtained or made, and the date thereof, and the amount of the debt, damages, costs.or moneys thereby recovered or ordered to be paid, is left with the the Clerk of the Supreme Court, who shall forth- with enter the same particulars in a book, in alphabetical order, by the name of the person whose estate is intended to be affected, 8 V., c. 48, s. 16. aitevea Such new or altered Writs may be sudd out of the Courts of Law, those- Equity and Insolvency, as may by such Courts be deemed necessary or expedient for giving effect to the provisions of the Act, and in such forms a. JUDGMENT — NONSUIT. . 319 the Judges think tit to order. Their execution shall be enforced as the exe- cution of similar Writs is now enforced, or as near thereto as the civcum- • stances admit. And any existing Writ, the form of wliich is in any manner altered in persuance of this Act, shall nevertheless be of the same force as if no alteration had been made therein, except so far as the effect is varied by this Act, 8 V., c. 48, s. 17. Act extended to Aliens, Denizens and Women, 8 V., k. 48, s. 19. Satisfactions The Plaintiff in any Judgment, or his Executor Administrator, Assignee, • or Attorney, on receiving fnU satisfaction and payment of all sums due to the Plaintiff, within three months after receiving satisfaction on any Judg- ment, to be recovered after the passing of this Act, and after request, in writ- ing, by the defendant, or his Attorney or Agent, shall give, in writing, under his hand, sufficient authority to the Clerli of the Supreme Court to enter satis- faction on tlie margin of the record of such Judgment, under penalty of £60 Penalty to the party injured, to be recovered by action of debt in the Supreme Court, a7 V , S. 1, c. 27, s. 2. Taxed Costs shall be recoverable between plaintiff and defendant, as Coits ill other cases between party and party, 27 V., S. 1, c. 27, s. 3. Where Plaintiffs have been fully paid the sums due on Judgments re- whon Court may covered by them, and have died without entering satisfaction, the Judges at "*"], eSea" by any sitting of the Supreme Court, may order the Clerk of the Coui't to en- tbo clerk after ter satisfaction on such Judgments, the defendant, his Heii's, Executors or Ad- Piaint>«fa floath miuistrators, proving to the Court that the Judgments have been fully paid ; and where it appears that only part of a Judgment has been paid to the Elaintiff in his lifetime, the Judges may, on proof thereof, and tlie balance eing paid to the Executor, Administrator or Assignee of the Plaintiff, or- der satisfaction to be entered, 1 1 G. 3, c. 20, s. 2. . The Clerk of the Supreme Court and Crown shall enter every satis- , Entry of satisfae- ■ faction of Judgment delivered to him at his office on the margin of the Ee- ^e"t°aiS"i°^^"t'^- cord of the Judgment to which the satisfaction refers, and keep a book, faction Boofc " '** called " A Satisfaction Book," wherein shall be entered, alphabetically, dockets of such satisfactions, 20 V., c. 22, s. 28. ■ And within 20 days after each Supreme Court, under penalty of £30, Kciurns of satis- frecovel-able by attachment, on application of tha Attorney-General- Or MaSS *° ^""'°"^ party agglived, for the use of the Public, s. 39), for each offence, retm'n, Uii- der*his hand into the Provost-Marshal's Office, a certificate of every satis- faction of Judgment entered in his Office, 20 V., o. 22, s. 31. The Provost-Marshal, within 10 days after every Grand Court, under Provost uarsiiai's penalty of £500 (£300 sterling) for every neglect, shall return into the Jfo™ ^"tiiT'j?,''''^' office of the Clerk of the Court, lists properly attested, under his hand, of all offfio cour't to°bo such writs as are from Court to Court returned satisfied into his office ; and rocordea and cnter- ' the Clerk of the Court shall record the same in a book to be kept for that judgSJent'"'''"' °' purpose, and by virtue thereof, enter satisfaction on the margin of the re- cords of the Judgments on which such writs were issued, 14 G. 3, c. 28, s.l5. The Provoet-Marshal, under penalty of £100 (£60 sterling) [recovera- provost Marshal . ble in the Supreme Court, one moiety to the informer, s. 19] , for eveiy iie- '° ™t6r in his boofc fleet or refusal, shall make entry in his books, of the wsrits returned to him jitdmSits rcSirnod y the Clerk of the Supreme Court, being satisfied, on being paid by the de- to Eim by ciork of feudant in the wiit, his Attorney, Executors or Administrators, 2b. 6d. (Is. 6d. "'° <^<""'*-f8» sterling) for each satisfaction, 14 G. 3, c. 28, s. 16. Judgment as in case of Non-Suit. Where Issue is joined in any Action in the Supreme Court, and the May be moved plaintiff neglects to bring it on to be tried for two Courts after issue joined, t /i e d * w»hin"°3 the Judges may, at any sitting of the Court after such neglect, upon mo- Courts after issue, tion in open Court (due notice thereof having been given), give the like Sf5'!a™*i™°' °^°°' J'udgment for the defendant as in cases of non-suit, unless upon just cause and reasonable terms they allow any further time or times for the trial of such issue, and if the plaintiff neglect to try it within the time or times so allowed, such Judgment shall immediately thereupon pass for the defendant, the coots to be taxed, and otherwise awarded, as in cases of Judg- ment upon nonsuit. Such Judgment shall be of the like force as Judgment upon uon-suit, audno othei:, 6 v,, e,31. 320 JURIES. Juries- When and haw Qualifloation of Jurors No Judgment after verdict, upon any indictment or information for any felony or misdemeanor, shall be stayed or reversed by reason that the Jury firocesB has been awarded to a wrong officer upon an insufficient sugges- tion, nor for any noisnomer or misdescription oi the officer returning such process, or of any of the Jurors, nor because any person has served upon the Jury, who has not been returned as a Juror by the Provost-Marehal or other Officer, 8 G. 4, c. 22, s. 9. In any civil action where the Crown is not a party, if all the parties UeSisne Md^ 'tti'^ signify to the Court iheir consent to dispense with tnal by Juiy of any ' " '" issue, and to substitute the Judge, he shall hear and decide upon the evi- dence, subject to all such proceedings for reversal oralteration which ver- dicts are subject to, 15 V., c. 9, s. 3. Every male (except as after excepted^ between 21 and 60, who is able to read and write, shall be qualified and liable to serve on Juries in the se- EicmptionB veral Comts. Members of the Council and Legislative Council, Custodes, Pilots actuallly serving. Wharfingers when actually employed, persons who from poverty are unable to attend, and persons following such pro- fessions and callings as by the laws of Great Britain would exempt them, shall be exempted, and shall not be inscribed in the after mentioned list, 19 v., c. 23, 8. 2. DiquaiiScations No man not a natural bom subject shall be qualified to serve, except as after provided for ; and no man attainted of treason, or convicted of anyfelony or infamous crime, shall, unless pardoned, be qualified to serve on any Jury or Inquest in any Court, or upon any occasion whatever, 19 v., c. 23, 8. 3. Lisu of parsons The Justices and Vestry, on or before 10th February in each year, qualified tojorvo M shall cause their Clerk to prepare and make out in alphabetical order, a list Clerk VoBtry'" of every man residing within their parishes, qualified and liable to serve on Juries, with the Christian or first name, or names and surname written at full length, and his title, quality, calling or business, distinguishing such as are Justices and such as are qualified to serve as Members of ABsembly, by writing the words, " Justice of the Pecce," or " qualified to serve as a Member of Assembly" opposite the name of each person intended to be distinguished ; and the Clerk of the Vestry shall prepare and make out such lists according to the best information he is able to procure, under pe- nalty of £5 for the omission of every name, which, but for his wilful de- fault or negligence, he might have inserted therein, 19 V., o. 23, s. 4. The Clerk of the Vestry shall, under a penalty of £50,' transmit the list to the Provost-Marshal on or before 20th February. Immediately upon receipt of each list, the Provost-Marshal shall, under a penalty oi £100, make up and enter in a book aeeparate list, to be called " The CommoQ Jury List," for each parish or precinct, of the names in alphabetical order of every person mentioned therein who is not a Justice of the Peace, nor qua- lified to sit as a Member of Assembly, who shall form the panels of Com- mon Jurors to serve in each of the Courts under the Judicial Amendment Act, 1855 (19 v., c. 10) for the ensuing year, commencing on the 20th May, 19 V., o. 23, s, 5. The Clerk of the Peace shall, under a penalty of £50, on or before 20th February, make a Return to the Provost-Marsnal of all persons then in the Island holding Commissions of the Peace for and resident in such pa- rish, under a penalty of £5 for every omission j and the Provost-Marsnal shall, under a penalty of £100, immediately upon the reoeiptof the Betum, make up therefrom, and fi'om the list made by each Clerk of the Vestry, and enter into a book a separate list to be called " The Special Jury List" for each parish or precinct, of the names in alphabetical order of all such Justices and other persons, who, not being Justices, are qualified to sit in the Assembly, 19 V., o. 23, s. 6. The Provost-Marshal shall, on or before 20th May, under penalty of £100, return true copies of the lists of Common Jurors and Special Jurors into the office of the Clerk of each Circuit Court ; and no alteration, addi, tion or omission shall be made by the Provost-Marshal, or any other persons jU suohlieta, under alponalty of £100 for every addition, &o,, 19 V., c. 23, s. 7, And tvansmittfld to the Provost Mar- Bhal, Common Jury Lists Clerks of tlie Peace to fumieh Provost Marshal with lists of resi- dent Justices, ape- cialJury lists Copies of lists to be returned to Clerks of Circuit Courts The Clevk of (he Supreme Court shall, at least SI days before eaeh WHtn pf Voni« Supreme Cooi't, seal and ieeue to the Provoet-Marshal a Writ of Venire Fa- '"■' 0'">°'tConit» oias for each Circuit Court then immediately following, in the Form an- nexed A., 19 v., c. 23, s. 8. The Provost-Marshal shall, under penalty of £100, on or before the Ist ^'"!"'' "'J"'''"". day of each Supreme Court, strike and make up a panel of Jurors for each '"''"""b «••'"" of the Courts to be holden immediately after eacn Supreme Court, and return a true copy of the panel into the office of the Clerk of each Court, and also warn the Jurors in such panels to attend such Courts, and each Venire venire and p Facias, with the panel annexed, shall, immediately after the termination of to be returned after each Court, be returned with all other Records by the Clerk into the Su- <''""'' «» "'" ^'i- preme Court, 19 V., c. 23, s. 9. '"'''""° ''°"'" Every panel of J nrors to be returned b^ the Provost-Marshal (except Pmieis that for the precinct of Kingston) shall contam the names of 40 persons re- sident in the parish or precinct, taken from the Special and Common Jury Lists, in the proportions, viz. : 15 from the Special Jury List ; and where there shall not be 15 names on that List, then whatever number there is upon it, and 25, or the number required to make up 40, from the Common Jury List. The Grand Juiy, when sworn, shall consist of not less than 9 of . ernnd Jury • see the persons named in such panel, who shall first appear, upon being called, s. 6,- 19 v., c, 23, (21, v., c. 25, s. 6,) and the remainder of the 40 snail seiTe as Common ' " Jurors, 21 V., c, 25, s. 2. Each Writ of Venire Facias, to be issued after 1st April, 1865, for the f^JT™'" ?'"' ''°"°' Sreciuct of Kingston, . shall require the Provost-Marshal to summon 90 "' '°^' °" urora at each Court, and each panel shall contain the names of 90 persons, 30 from the Special Jury List, and 60 from the Common Jury list of the precinct, taken indifferently and in due proportion from the several parishes constituting or to constitute that precinct, 28 V., c. 33, s. 2. The Grand Jury in the Home Circuit shall, in all cases, except capital erand Jury— cases, consist of not less than 7, and not more than 9 ; and 7 shall, in all such """>= Circuit cases, except as aforesad, find a True Bill, 28 V., 0. 33, a. 8. A Jury, whether Special or Common, qualified as required, consisting of in oiyii proceed- 7 persons only, may he impanelled for the trial of any issue in any civil suit, 'Sf'tt-t^^aTyrimn or upon an information for the recovery of money at the instance of the may return verdict . Crovra, or of any person on its behalf, and the Comts shall receive a ver- dict of 5 only, of wnom the foreman, should he agree to that verdict, may be one, if such 5 persons, by their foreman, whose duty it shall be to de- liver such verdict, declare they are agreed, and such verdict, when so deli- vered, shall have the same force as if the whole Jury had concurred. In delivering the verdict the foreman shall declare in the presence of the Jury that 5 of their number have agreed. But nothing in this section sball ex- tend to informations at the suit of the Crown, orliy any one in its behalf, for the recovery of any penalty, 19 V., c. 23, s. 11. A Jury of 7 may be empanelled for the trial of any felony or misde- Jury of 7 whose meaner, but a verdict shall not be received unless unanimous. Not to alter maiimoM"'°n au or aifect the course of trial heretofore in nee, in cases of treason, murder, or criminal cases 01- other capital felony , 19 V., c. 23, s. 16. cSltaffiore. ""^ The proviso to 19 V., c. 23, s. 16, is only intended to require, that on any indictment for treason, murder, or other caj>ital felony, 12 Jurors, at ' least, shall form the Grand Jury, by whom the indictment is found, and on the trial 12 Jurors- shall be empanelled. In all other respects capital felo- nies shall be tried as other criminal cases, and be subject to the provisions relating to the trial of criminal offences, 21 V., c. 25, s. 6. On the trial of any criminal or civil case, the Court, on the request of ,f"^™,""'5' '" the prosecutor or the defendant in any indictment, or of any party to a ""»<""* «" suit, shall require the Jury to be balloted for by the Clerk or other Offi- cer, and thereupon such Jury shall be chosen by ballot, subject to all rights of challenge, 21 V., c. 25, s. 7. No person arraigned for any felony, except for murder, or other capital Peremptory ohai- felony, or for tJeason, shall be admitted to any peremptory challenge, '™6r«s beyond 7, and in capital cases, no peremptory challenge snail be allowed beyond 1:1, 19 V., c. 23, s. 17. In any Inquest wherein the Queen is a party, if they that sue for the The Crown must Queen will challenge any Jurors, they shall assign of their challenge aBsien .a enuso of a cause certain, and the truth of such ohalleiige shall be enquired of ac- """"""e;"' cording to the custom heretofore observed, 19 V ., 0. 23, a. 18. B B ggg jvsms, Fino (in niiiient If any man having been summouecl does not attend, or being thrioe ■''»">'■' called, does not answer to his name, or if any Biioh, or any talesman, after having been called, ispresent, but does not appear, or, after appearance, wilfully ■withdraws, the Court shall set a fine upon every suoli man or talesman making default (unless some reasonable excuse is proved by oath or affidavit) to the-amount of £1 at least, and not exceeding £10, 19 V, c. 23, s. 19. TaiojniTO When a full Jury shall not appear, or when after appearance of a full Jui'y, by challenge on behalf of the Queen, or of any paity, the Jury is likely to remain untaten, for default of Jurors, the Court," upon request made for the Queen by any one authorized or assigned by the Court, or on request made oy the parties, plaintiff or defendant, or their Attornies, in any action or suit, shall command the Provost-Marshal or proper officer for him, to name and appoint, as need requires, eo many of such able men of the parish or precinct then present, as shall make up a full Jury, and the Provost-Marshal, or other person for him, shall, at such command of the Court, return such men duty qualiiied as are present, or can be fouud to serve, and annex then* names to the former panel. When a Special Jury has been struck, the persons to serve as talesmen and to complete the Jury, shall be such as have been empanelled upon the Common Jury panel, if a sufficient number can be found, and the Queen, by any one so autho- rized or assigned, and every the parties aforesaid, shall have their respec- tive challenges to the Jurors so added, and the Court proceed to the trial with the Jurors before empanelled, and the talesmen added, as if they had been returned upon the panel, i9 V., c. 23, s. 20. .Tur^demediotnte Notto deprive any Alien, indicted of any felony or misdemeanor, of the right of being tried by a Jury composed in part of Aliens ; but on the prayer of every Alien so indicted, the Court shall direct' the Provost-Marslial or proper officer for him, to return such a number of Aliens, if they can be found in the parish or precinct where the trial is to be had, as that the Jury may consist of 4 Aliens, and 3 other Jurors qualiiied as required ; and no Alien shall be liable to be challenged for want of qualification, but may be challenged for cause, 19 V., c. 23, s. 21. Penalties Allpenalties shall be recovered before 2 Justices, and paid to the Ee- , ceiver-General, 19 V., c. 23, s. 23. SCHEDULE. Venire Pacl«», 19 JAMAICA SS. ^■' ■■■ "'• '■ ° Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, and of Jamaica, Lady Defender of the Faith, &c. To the Provost-Marshal-General of the said Island, greeting : — We command you that you cause to come before us at our to be holden at the of in the (Parish or Precinct) aforesaid for the (Parish or Precinct) on the day of next, between the hours of 9 and 10 in the forenoon of the same day good and lawful men of the said (Parish or Precinct) of who, as Jurors, shall do and execute all such things as shall be Uien and there given them in charg:e, and enjoined them on om' behalf, and then and there to try for us all such issues, and do and execute all such matters and things as shall be given them m our behalf, and also then and there to try all such issues as shall be given them in charge be- tween party and partv, and to assess all such damages as shall be brought before them, and also to enquire for us of and concerning all such matters and things as shall be then and there given in charge and enjoined on our behalf, and also to enquire of and concern- ing the several matters contained in our Writs of enquiry concerning landsrelated against for the non-payment of (Land Tax and 21 V., o. 34 s. 31.) Quit Eents, and that you and your sufficient Deputies lie then and there present to do and execute all such things asshall be thought necessary for our service, and have thou then and there this Writ, with the return thereof, and the names of the Jurors, and fail not atyourpeiil Witness Chief Justice of the said Island, and Chief Judge of the said Supreme Court of Judicature, at Saint Jago de la Vega, the Monday in in the year of our reign. JURIES, SPECIAL. 323 Juries, Special Tlie Supreme Court maj|, iu any action or suit wherein issue in fact lias wiiou a special been joined, on tiie applicaticu of any plaintiff or defendant, .or at the iu- ^J''''"»J' •'ooi-aor- atance of the Attorney-Geneial, or the prosecutor or defendant in any prose- cntion for a misdemeanor in such Court, order a Special Jury to be struck, 20 v., c. J.4, a. 2. To be taken from the Special Jury List of the pai'ish 9Jd or cuit, made To i>8 token from up under 19 V., c. 23, s. 7. 20V., o. 14, s. 3. SpeoioUury list The party obtaining the order shall serve on the Attorney of the op- iroUooofstrlising posite party, if be has appeared by Attorney, otherwise on such party, and jury leave with the Provost-Marshal and Clerk of the Supreme Court respectively a copy, with a notice of his intention to proceed and strike a Special Jury at the office of the Clerk of the Court, on a day to be named in such notice, ■which sliall be, for the Home Ch-ouit Courts of Kingston and St. Catherine, at least 5 days, and for the several other CourtSj at least 14 days before the day for holding the Court at which the suit, or information or indictment is to be tried, and every such notice in the Home Circuit shall be served at least 24 hours, and in other cases 4 days before the time appointed, 20 V., c. 14, s. 4. Each Special Jury shall consist of 21 persons, and shall (in the presence Howoompostd of the parlies or of their Attornies, if they attend, or if not in then' absence) be ballotted for by the Clerk of the Court at the time and place appointed, and for that purpose the Provost-Marshal shall, on the day before the time appointed for striking snch Jury, furnish to the Clerk of the Court a copy of , flie Special Jury List of the precinct or parish. If there be an insufficient number of Jurors qualified to serve returned on the Special Juiy List, the npmber to make up 21 shall be balloted for from the Jurors, not being Spe- cial Jurors, returned in the panel warned' to attend the Circuit Court, 20 v., c. 14, a. 5. From the 21 names so balloted for, each party, or his Attorney, in any How simoic civil suit, and the defendant and Clerk of the Crown, in any information or indictment, alternately, shall strike out 5 names by one at a time, the party obtaining the order, or the Clerk of the Grown beginning first, and the re- maining 11 shall be the panel of Special Jurors struck and returned for the trial, 20 V.; c. 14, s. 6. Within 2 days after the panel ia so struck, the party obtaining the How warnea order shall deliver to the Provost-Marshal, or his Deputy, a copy, with the panel containing the names of the 11 Jurors struck, certified by the Clerk of the Court, and thereupon the Provost-Marshal or his Deputy shall warn the persons set down to attend at the Comii at which the suit, &c.,isto ist 7who appear be tned ; and the first 7 Jurors who appear shall be the Jury empanelled to bo tiie Jury to try to try the suit, &c.. For the performance of his duty, the Provost-Mar- pr„y„5t Marsiiol'a shal shall be paid by the party obtaining the Special Jury, £2 2s., 20 V., c. Fee 14, B. 7. In case the opposite party, or his Attorney, refuse, neglect, orfailto praceeding to attend, the party at whose instance tlie order was obtained^ may proceed strike Jury in ih« to strike the same, the Clerk of the Court acting on behalf of the absent jSs'i™pafw"" "'" party, until the number of Jurors be reduced from 21 to 11, 20 V., o. 14, B.8. In case the suit, &e., is not tried at the Court for, which the Special Presh orders for Jury was struck and warned, the parties may apply for and obtain a new oSteinySOTcSiSt .order for striking another Special Jury, which shall be struck in like man- to court tin trial ner, and so on, fiom Court to Court, until the suit, &C., is tried or disposed of, 20 v., c. 14, s. 9. Every person who serves upon any Special Jury, shall be allowed 10s. Foesof Jmors | 6d., to be paid by the party applying for it, 20 V., o. 14, a, 10. The party who applies shall pay the fees for striking, and all expenses ^ ^^^^^ ^ soeoiai of trial by such SpecialJury, and shall not have any further allowance for jmy the same, upon taxation of costs, than he would be entitled to if the cause bad been tried by a Common Jury, unless the Judge, immediately after the trial, certify m open Court upon the back of the record, that the cause ■was a proper one to be tried by a Special Jury, 20 V., c. 14, s. 11 andi 324 Penaltien for udn* attendnnce JUSTICES OF THE PEACE. Juries Warned on Writs, &c. If any person summoned or warned, refuse, or neglect to attend at any prooeedii^ under the Statutes of forcible entry and detainer, or at the ex- ecution 01 any Writ of extent emblements, partition or escheat, he shall forfeit to the party aggrieved, not exceeding £50 (£30 stg.) nor less than £10 (£6 stg.) to "be enforced in the Supreme Court, by order and attach- ment, with tnll costs, to be taxed. If any person warned, and not attend- ing as a Juror, shall, without being called upon so to do, by the first day of the Supreme Court next after, show sufficient excuse for such non-atten- dance, to the Court, by affidavit filed in the Office of the Clerk of the Crown, he shall not incur the penalty. And it shall be a sufficient excuse thatheisBO, 43a.3,c. 28. Award and en forcement of con^- poD Ration for non- perfor m a n c e of orders Proceed i n g B to aeoertain amount of co»tfl ; enforce' mont of order Imprisonment to run from capture Stamp on private summons ; those at instaCGO of the Fo lice not cliargablo Willi stamp At^udication by one Justice with consent One Justice may ostahlish ser V i c e and assess damages l>y defauit Or ai^ourn Subpoenas to pa. rlshes beyond Juris, dletien Jnstices of the Peace. Where Jnstices in Petty Sessions are invested with power to inflict a pecuniary fine, and whether or not a particular mode of enforcement in de- fault of payment be pi-escribed by distress on the goods, or by imprisonment, the Justices may direct the penalty and costs to be enforced, in default of payment, either directly by imprisonment, as may be directed by the Act under which the conviction takes place, with or without hard labor, or in- directly by the like imprisonment with or without hard labor, in default of goods whereout to satisfy the penalty and costs, 21 V., c. 9. s. 1. Where they are invested with power to make an order otherwise than for the payment of money, they may, in their discretion, award that in de- fi^ult of the performance of the matter they are empowered to enjoin to be~ done, the defendant shall pay to the complainant such sum as tliey award as compensation for default of performance, and to direct, as before provided, the enforcement of such order, and of the costs, if adjudged, either directly by imprisonment for not exceeding one calendar month, or indirectly by the like imprisonment for the like term, in default of goods whereout to satisfy the sums adjudged to be paid as compensaticn and costs, 21 V., c. 9, s. 2. Whenever any such order shall have been heretofore made, the person claiming the benefit thereof may issue a summons to the person charged in such cause before 2 Justices of the parish in which the original adindica- tion was made, why, in default of performance of the original older, the Jus- tices should award to the complainant such sums as they think a fair com- pensation in default of the performance of the matter or tiling directed to be done by the original order ; and the Justices may adjudicate on such com- plaint, and award such compensation, and enforce the same with costs (if ad- judged) by imprisonment directly or indirectly as before provided, 21 v., c. 9, 8. 3. Where impiisonmeiit is directed, it shall begin to ran only from the date of the capture of the oifender or defendant, and the officer directing (effecting) the capture, shall endorse on the warrant the date of caption, *i V.J Ci y, s. 4. The Stamp on each private summons may be impressed substitutioually on the information. No information or summons sued out by a PoUcemau, complaining of the infraction of any Public Act, shall be ciiarged with a stamp, 21 v., c. 9, s. 5. With the consent of the informer, complainant or plaintiff, and of the defendant, in any case of summary jurisdiction, a single Justice may adju- dicate, 21 v., c.'9, 8. 6. In default of 2 Jnstices to form a Court of Petty Sessions, any single Justice may establish service of all civil cases ; and where service is estab- lished and no appearance entered, one Justice may assess the damages by default, 21 V., c. 9. s. 7. In ulT cases, civil or criminal, one Justice may adjourn the hearing, 31 V.J C. "j B. O. Act extended to all Acts passed or to be enacted, conferring summary jurisdiction on Justices, 21 V., c. 9, s. 9. Any Justice may issue subpoenas to witnesses, into a different Parish from that in which the proceedings are pending, and any such subpoena, when endorsed by a Justice of the Parish in which it is sought to be put in- to -o{i«ratlcin, may be nerved therein (upon tender et reaaonalile expeneea, JUSTICES OF THE PEACE, &C. 325 and disobedience shall entail the same consequences as in cases of aubpce- nas served within the jurisdiction of the Justice issuing it, 21 V., o. 9, s. 10. No Justice shall demand or receive any fee for the pei-formance of any '«•• abolished act or duty required of him in that capacity ; and 10 Ann c. 4, s. 16, and all other Acts giving fees to Justices, so far as relates to such fees, are repealed, 21 v., c. 31. Justices of the Peace, Indictable Offences. Where a charge or complaint (A) is made before a Justice, that any tionplnintJi of person has committed, or is suspected to have committed any treason, felony, *" M'o'»'»o of- to reside or be within the limits of his jurisdiction, such Justice shall issue his warrant (6) to apprehend him, and to cause him to be brought be- fore such or any other Justice or Justices for the same parish, to answer to such charge or complaint, and to be further dealt with according to law- — pf a Bummons in The Justice to whom the complaint is preferred, instead of a warrant in the thodrst isstanoo first instance, may issue his summons (C) to such person, requiring him to ap- pear before him or such other Justice or Justices as may be present at a time and place to be mentioned, and if after service he fail to appear, such or any j^^j if not obeyed other Justice may issue a warrant (D) to apprehend and cause such person a warrant may be to be brought before such or some other Justice or Justices for the Parish ■»>«« to answer to the charge, and be further dealt with according to Law. But ^"""^fv" i"°' H not to prevent any Justice from issuing the warrant first mentioned at any ?™warrant in"tho time before or after the time mentioned in the summons for the appeamnce meantime of the accused, 13 V., c. 2-1, s. 1. Where any indictment is found by the Grand Jury in any (Circuit Warrant to ap- Court, 19 v., c. 10) against any person then at large, and whether he has J"^™? \ ^"^ been bound by recognizance to appear to answer to the same or not, (the fndi^enTia°found Clerk of the Circuit Court, 19 V., o. 10) at which the indictment is found shall, afier the Sessions, upon application of the prosecutor, or of any per- son on his behalf, and on payment of a fee of Is. Bd. if such person has not already appeared and pleaded to the indictment, grant to such prosecutor or person a certificate (E.) of such indictment having been found, upon pro- duction whereof to any Justice for any parish in which the offence is alleged to have been committed, or in which the person indicted resides, oris, or is supposed or suspected to be or reside, he shall issue bis warrant (F) to ap- prehend the person indicted, and to cause him to be brought before him or any other Justice or Justices for the same parish, to be dealt with according Fro^edinErs upon to law ; and afterwards, if .such person be apprehended and brought before •PP'*"™'"'' any Justice, he sliall, upon its being proved upon oath or affirmation, that the person apprehended is the same persou who is charged in such indict- ment, without further inquiry or examination, commit (G.) him for trial, or admit him to bail as after mentioned ; or if such person so indicted is con- fined in any Gaol for any other offence, the Justice shall, upon its being proved upon oath or affirmation, that the person so indicted, and the per- son so confined in prison, are the same, issue his warrant (H.) directed to the Gaoler or Keeper of the prison, commanding him to detain such person in his custody until by H. M s. writ of Habeas Corpus he shall be re- moved for the purpose of being tried upon the indictment, or otherwise be removed or discharged out of his custody by due course of law, 13 V.,c. 24, S.2. Any Justice may issue any warrant as aforesaid, or any such war- Warrants may rant on a Sunday as well as on any other day, 13 V., c. 24, e. 3. i""' o» Sunday Where a Justice for any parish is also a Justice for any other parish, ^justice fortwo he may act as such for the one parish, while he is residing, or happens to parishes maj; act be in the other, on all matters before or after mentioned, and all tiis acts for one while in the and the acts of any Constable or Officer in obedience thereto, shall be as valid as if such Justice were at the time in the parish for which he acts, and all Constables and other officers for the parish for which the Justice so acts, are rec^nired to obey his warrants, orders, directions, or acts, and to perform their several offices and duties in respectthereof, under the penal- ties to which any Constable or other officer may be liable for a neglect of omSd??" Who duty I and any such Constable or peace officer, or other person apprehend- ma parish taken ing 01* taking into aa8tedyiinyp«n«»eff«ncliiigBgiUiis( utyf, and WbomliS Jj'jjj'"'"" "> '<"> 32g JUSTICES OF THE PEACEy SCO. oii),'lit to apprebend in any sucli parish, may take and convey liim before any such Justice for such parish, while' in such other parish, and the Constables, &c., and other persons shall act in all things as if the Justice were within the parish for which he acts, 13 V., c. 34, s. 4. So war rant to Where a complaint is made before a Justice, if it be intended to issue a issuo in the first warrant in the first instance, an information and complaint (A) in writing, inform°a?i'on'."ln "u the Oath or affirmation of the informant or of some witness in writing on oath that behalf, shall be laid before liim. Where it is Intended to issue a sum- ai'l?i5onnation"' ™0"^ instead of a warrant, it shall not be necessary that the information '' ° " be iu writing, or be sworn to, or affirmed, but it may be by parol merely, No objection for and without oath or afflrmation. No objection shall be allowed to any in- aiiegea defecti, &c. formation for any alleged defect iu substance, or in form, or for any vari- in information ^^^ between it aiid the evidence on the part of the prosecution, 13 V., c. 24, B. 5. Uponinformation Upon such information, the Justice receiving it may issue his sum- »rammons°or'war° ™ona Or Warrant, to cause the person charged to be and appear before rant him, or any other Justice or Justices for the parish, to be dealt with ac- Summons cording to law ; such summons (C) shall be directed to the party charged, and state shortly the matter of the information, and require the party to appear at a certain time and place before the Justice wlio issues it, or such Service and proof Other Justice or Justices as may then be there, to answer to the charge, and to be further dealt with accordmg to law, and shall be served by a Consta- ble or Peace Officer, by delivering it to the party personally, or if he cannot conveniently be met with, then by leaving it with some person for him at his last or most usual place of abode, and the Constable, &c. who served it shall attend at the time and place, and before the Justices, to depose, if In default of ap- necessary, to the service. If the person does not appear, he may issue ZuTi' '^ his warrant (D) for apprehending the party, and bringing him before such or some other Justice or Justices to answer the chai'ge, and to be further No objection for dealt With according to law. No objection shall be allowed to any siim- n'ons'^'of w^rJaSt,' mons or Warrant for any alleged defect, in substance or in form, or for any but Justice! may variance between it and the evidence on the part of the prosecution; but if adjourn the hear- ^^y g^^jj yariance appear to the Justice to be such, that the party has been ""* deceived or misled, he may, at the request of such party, adjourn the hearing to some future day, and, in the meantime, remand or admit him to bail, 13 v., c. 24, s. 6. Signature direo- Every warrant (D) to apprehend any person charged with any indicta- tion and elocution ]j|g offence, shall be raider the hand of the Justice, and may be directed of warrant either to any Constable, or other person, or generally to the Constable of the parish within which it is to be executed, without naming himj or to such Constable, and all other Constables or Peace Offlcers in the parish, or gene- rally to all the Constables or Peace Officers within such parish, and shall state shortly the offence on which it is founded, and name, or otherwise describe the offender, and order the persons to whom it is directed to appre- hend the offender and bring him before such or some other Justice or Justices for the parish, to answer to the charge, and be further dealt with according to law ; and it shall not be necessary to make the warrant re- turnable at any pai'ticular time, but it may remain in force until executed, and mav be executed by apprehending the offender at any place within the pansh, or in case of fresh pursuit, at any pjaoe in the next adjoining parish, and within 7 miles of the border of such first mentioned parish, without having snch warrant backed (see 23 V,, o. 16, s. 1) ; and where the warrant is diieoted to all Constables or other Peace Officers withm the pa- rish within which the Justice issuing the same has jurisdiction, any Consta- ble &c. for such palish may execute the warrant in any parisn within the 'jurisdiction for which such Justice acted when he granted it, as if it were directed specially to such Constable by name, and notvrithstanding''S| the place in which the warrant is executed is not within the parish ft)t' '; No objootion for yyhich he is Constable or Peace Officer. No objection shall be allowed to aUcged defects, &c. ^ ^^^-^ warrant for any defect in substance or in form, or lor any vari- ance between it and the evidence adduced on the part of the prosecution before the Justices ; but if any such variance appear to such Justice to be such, that the party chai^ged has been deceived or misled, he may, at the re- auest of such party, ac^ourn the hearing to some future day, and, in the meantime) remand oi" bdttiit hita to bail, 18 V., o. 84, b. 7, JUSTJOBS OF THB PBAOH, (SSC, 3^7 If the person is not found -within the jurisdiction of the Justice, or if ^?<'''!,»e.i''f,'" he escape, go into, reside, or be, or be supposed or suspected to be in any S^d uSy other parish out of the jurisdiction of -the Justice issuing the warrant, any for execution ; see Justice of the parisli into which he escapes or goes, or in which ^^ ^■' "■ '^' '•'.'■ he resides, or is, or is supposed or suspected to be, upnu proof alone being made, on oath, of tlie handwritiua; of the Justice issuing such warrant, may make an indorsement (I) on such warrant, signed with liis name, autliorizing its execution within his jpxisdietion, and which indorsment siiali be sufficient authority to tlie person bringing it, and to all other persons to whom it was originally directed, and. also to Si Constables, &c._, of the parish where it is iudorsed, to execute the same jn such other parish, and to caiTV the person a§;ainst whom the wari'ant was issued, when apprehended, before the Justice who first issued it, or before some other Justice in and for. the same parish, or some Justice of the parish where the offence, in the warrant mentioned, appears therein to have been com- Examination of mitted. If the prosecutor, or any of the witnesses upon the part of the pro- S'eB°8e'°'if"hi^h8 secution, are then in the parish wliere the person is apprehended, the Con- parish wiioro the stable or person who apprehends him may, if so directed by the Justice porson i» nppre- backing such warrant, take and convey him before such or some other '^"' "^^ Justice of the same parish, who may talce the examinations of such prose- cntor or witnesses, and proceed as "after directed, (s. 15) with respect to peraons charged before a Justice with an offence alleged to have been com- mitted in anotlier parish than that in which such persons are apprehended, 13 v., c. 24, s. 8. Every summons or warrant, issued by any Justice, maybe served or summons or war- executed out of the parish, by the policeman or constable to wl. n it is di- rimt« may be oie- rected, or any other policeman or constable, and shaU have the s^i ne force p^Jtsh »s''if backeii as if originally issued or subsequently indorsed by a Justice Iiaving jurisdiction in the parish where it is served or executed, 23 V., o. 16, s. 1. Any Justice before whom any person is brought under a warrant, who Psrsons may be is apprehended in another parishthan that in which the offence was com- ^"o'^ J,^prei,™dca mitted, may take bail, by recognizance, for his appearance before the Jus- tices of the pariah in which the offence was committed, in such amount as the Justice thinks fit, 23 V., o. 16, s. 3. All waiTants given by Justices against any person on board any ship w a r r a n t s on or vessel, shall be directed to the Provost-Marshal or his Deputy, or any ■'""^ ''•'P Constable of the place, according to the tenor of the waraant, who are re- quired to execute the same, and shall receive 3b. (Is. 3Jd stg.) 35 C. 9, c. 4, 8. 7. If it is made to appear to any Justice, by the oath or affirmation of any su„mo„j j„ „;,. credible person, that any person within bis jurisdiction, is likely to give ma- neases for proiocu- ferial evidence for the prosecution, and will not voluiitarily appear as a '■<"■ witness against the accused, such Justice shall issue his summons (K.) to such person, under his hand, requiring him to appear at a time and place mentioned, before liim or such other Justice or Justices as shall then be.!, there, to testify what he knows concerning the charge against the accused ; and if he neglect or refuse to appear, and" no jiist excuse is offered for his Warrant in case neglect or refusal, then (after proof upon oath or affirmation of service upon of default him, either personally, or by leaving the same with sonie person at his last or most usual place of abode) the Justice' or Justices before whom ' he , should have appeared, may issue a warrant, (L; 1) under his or their hands, to bring him at a time and place to be meritioned, before him or them, or such otner Justice or Justices as shall then be there, to testify as aforesaid, and which warrant may, if necessary, be backed, in order to its being ex- ecuted out of the jurisdiction of the Justice, or if such Justice is satisled by Worrant la the evidence upon oath or aifirmation, that it is probable such person will not flrst instance atteud to give evidence without being compelled, instead of issuing such summons, he may issue his warrant (L. 2) in the first instance, and which, if necessary, may be backed ; and if on the appearance of the person sum- commitment of moned, either in obedience to the summons, or upon being brought by vir- witnesses. &c. re- tue of the warrant, he refuse to be examined upon oath or aflirmatioh con- fusing to lie ox cerning the premises, or refuse to take such oath or affirmation or, having "'"'""' taken It, refuse to answer questions put to hirn, without any just excuse, any Justice present, and havingjnrisdiction, may by warrant (L. 3) under his hand, commit the person so refusing to Gaol for not exceeding? days, 2SS JVAVXOBS OV TUB FBAOH| lie, unlet! be, lo the moantime, consent to be examined and answer, 13 V,, o. 84, B.9. Ezaminatioa of Where any person appear, or is brought before any Justice, charged witnoiBoB u p o n 'with any indictable oiienee committed -within this Island, or -wne- Mnce of aooiuBdl ^^^^ 'j^ appear voluntarily upon summons, or has been apprehend- who may aak qnea- ed "with or without wArraut, or is in custody for the same, or any other wTiUne'&c'""""" off^"*^" ^^ shall, before he commits the accused, or admits him to bail, in the presence of the accused, who shall be at liberty to put questions to any witness produced against him, take the statement (M) on oath or affirmation of those who know the facts and circumstances of the case, and put the same into ifeiting ; and such depositions shall be read over to, and signed by the wiftiesses who have been examined, and by the Justice or Jus- tices taking the same : and the Justices before whom the witness appears, shall, before he is examined, administer to him the' usual oath or afflrma- When depositions tion ; and if upon the trial of the accused, it be proved, upon the oath or r^Mivabie in «i- affirmation of any credible witness, that any person whose deposition hfiR ™ " "" been taken as aforesaid, is dead, or so ill as not to be able to travel, and if also it be {)roved that it was taken in the presence of the accused, and that he, or his Counsel or Attorney, had a full opportunity of cross- examining the witness, then if the depositipn purport to be signed by the Justice, by or before whom it purports to have been taken, the deposi- tion may be read as evidence in"such prosecution, without further proof, unless it be proved such deposition was not, in fact, signed by the Jus- tice. 13 v., c. 24, s. 10. ^ Bj After examint- After the examination of all the witnesses on the part of the prose- tioiis the accused to cution is completed, the Justice, or one of the Justices shall, without re- at«temon't'"^taiMn ^niring the attendance of the witnesses, read or cause to be read to the down accused, the depositions taken against him ; and shall say to him these words, or words to the like effect: " Having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything, unless you desire to do so ; but whatever you say, will»be taken down in writing, and may be given in evidence against you upon yonr trial." And whatever the prisoner then says in answer, shall be taken dovm in vyriting, (N) and read over to him, and shall be signed by the Justice or Justices, and kept with the depositions, and transmitted with them as after mentioned ; and afterwards, upon the trial. of the accused, may, if necessary, be given, in" evidence against him, without further proof, unless it be proved that the Justices purporting to sign, did not w I t ae- '" ^^'^ ^'S° *'^® same. The Justice, before the accused makes any state- cused™ ° ment, shall state to him, and give him clearly to understand that he has nothing to hope from any promise of favor, and nothing to fear from any threat which may have been holden out to him, to induce him to make any admiseion or confession of his guilt ; but that whatever he then says,'may be given in evidence against him upon his trial, notwithstanditfg such Id of promise or threat. Not to prevent the prosecutor in any case from giving admiBsions or"tato- m evidence any admission or confession, or other statement of the ac- ments admissible cused made at any tinte, which by law would be admissible, 13 V., c. 24, B. U. The room or building in which the Justice takes such examinations tion'''n°ot'M™p'en and Statement, shall not be deemed an open Court for that purpose ; and Court such Justice, in his discretion, ma,y order that no person have access, pr be or remain therein without his permitsion, if it appear to him that the ends of Justice will be best answered by so doing, 13 V. , c. 24, s. 12. ^^ Booognizances of The Justice before whom any witness is examined, may bmd, by re- proseeutor end wit- cognizance (O 1) the prosecutor and every such witness, to appear at the "«»>«» next [Circuit] Court at which the: accused is to be tried, then and there to prosecute, or to prosecute' and give evidence, or to give evi- dence, as the case may be, against the accused ; which recogni-> zance shall particularly specify the profession, art, mystery, or trade of every person entering into or acknowledging it, together with his Chris- tian and surname, and the parish in which he resides ; and being duly acknowledged by the person, shall be subscribed by the Justice and a „ ,. n , notice (O 2] thereof, signed by him, shall, at the same time, be given to TrammSon of the pel SOU bound thereby. And the several recognizances, with the papers to officer of ^pitten information (if any J, the depositions, the statement of the ac- ^s°t?be''''"° ""*' cused, and the recognizance of bail, if any, shall be delivered by the ' Justice, or he shall cause them to be delivered to the proper officer of the JUSTIOB/J OF THE PEACE, 3g9 Court, .Jn which the trial is to be ha<1, before or at the openinjji^J' the Courts on the first day of its sitting, or at such other time as the Judge who is to preside at the trial orders. If any witness refuse to enter into. -£°""'^^°\ "' or abknoWledge such reoognizauce, the Justice may ,, by his warrant (P 1), to enter Into^ commit Him to the prison for the parish in which the accused is to be cogmzanoe tried, to be safely kept, until after the trial, uuless, in the meantime, he enter into recognizance before a Justice for the paiish in which the prison is situate.^ If afterwards, froA want of sunicient evidence or To be dlscharg- other cause, '--the 'Justice before whom the accused is brought, does not edi* the aooused commit him, or hold him to bail, he or any other Justice of the parish or Med"™ may, by order, (P ii) direct the keeper of the prison where- the wit- ness is m custody, to discharge him ; and such keeper shaJC thereupon ■forthwith discharge him 13 VT, c. 24, s. 13. ■^*^"- If from the absence of witnesses or* other reasonable cause, it become Prisoner's re- necessary or advisable to defer the examination, or further ex- mand notetceed- amination of the -witnesses, for any time, the Justice before ^^'^'™'^*^ whom the accused appears, or is brought, maj', by his war- rant (Q. 1) from ti^e to time, remand him for such time as he deems reasonable, not «xc^ding 8 clear days, to the prison in the parish, or if the remand be for aot exceeding 3 clear days, may verbally order the Consta- Or verbally in ble, or person in whose custody the accused is, or any other Constable or 5j°*°4^ of oonsta- person to be named by tbe^ Jilstice, to continue or keep him in his custody, exceedSig s'days and to bring him betor^'the same or some other Justice as shall be there act- ing, at the time appomted for contfoning snoh examinatidtl. -Any Justice may order the accused to be brought before him, or any other Justice, at any tilne befbre the expiration 6*-the time for which he « is remanded, and the p j j Gaoler or officer' in whose custody he is, shall" obey such order, or in- je^^^ee* stead of detaining the accused in- custody duiing the remand, any Justice before whom he appeal's or is brouglit, may.;dischai'ge him, upon his en- tering into a recognizance, (Q. 2. 3!) -with or without a surety, condi- tioned for his- appearance at the time and place appointed for the conti- nuance of -such examination, and if he do not afterwards appear at the nnHnneaT^recoe- time and ptace, he, or any other Justice present, upon certifying (Q. 4) on ^jzance to ba the ba£b of the recognizance the non-appearance of the accused, may to be transmitted transmit it" to the Clerk of the Peace, to be proceeded upon as other re- to caerk of the cognizances ; and such certiilcate "shall b^ sufficient priiiia facie evidence ^eaae of such non-apfearanc'b of the accusS'djSS V., c. 24, s. 14. ' When a person appears, or is brought b'efore a Justice, in the parish .^JJj'^ °vi^"t, wherein he has jurisdiction, charged with aa offence alleged^ to have person is charged been committed in any parish wherein the Jttsticehas not juiisdiction, he with an offence shall examine such witnesses, and receive such evidence iii proof of the committed out of charge, as shall be produced before- him, within his juri8fliotioni.and if in ^' to'"SnSiS his opinion puch testisnony and. evidence is sufficient proof, of the, charge, tionsandoommit- shall commit him to the prison far the parisU...where the offence is al- ment, &o., and leged to have been committed, or admit him to bail, and bind over the bind over witnes- prosecutor, if he has appeared, and -the -witnesses, by recognizance ac- °^^ eordingly, but if the testimony and evidence is -ftoli sufficient to put the Or trarafer of accused upon his trial, he stalf bind over such witnesses as he has ex- ^J^^j t?ttie p»^ amined, by recognizance,- to give evidence, and shall by warrant, (E) un- ^ish where offence der his hand, ordgr the accused to be taken before some Justice or Jus- committed tices in and for the parish where the offenee is alleged to have been com- mitted, and at the same time deliyer .the information and complaint, and the depositions' and reoOjgnizanceS" taken by him, to the Constable or Offi- cer who has the execution of the last mentioned warrant, to be delivered to the Justice before whom he takes the accused, and which depositions .g^° ^°t oj"the and,,recogni23,nces shall be deemed to be taken in the case, and treated Lo^Hingg if the as if takei tefcre such last mentioned Joetice, and shall, together with accused is com', such depositions and recognizances as he shall take, be transmitted to- the mitted or bailed Clert of the C'qurt where the accused is to be tried before n:entioned, for trial Jt'the accused is committed or admitted to bail. If such last mentioned n accused is Justice shall not think the evidence sufficient to put him upon his trial, ^'^^Jf^e -ell" and discharges Iiim without holding him to bail, every recognizance ^g^^es by first taken by the first Justice shall'De void, 13 "V^., c. 24, s. 15. Justice shall be Where any person appears, or is brought before a Justice, charged Bisoretionary with any felony, or with any assault, -with intent to commit any felony, po-wer to admit to or with any attempt to commit any felony, or with Obtaining, SiS, mflde'. 0v Bttemptjng to pbtata propert;? bjr fftlje pretences, op with ^Janors 330 ' JtrSTiOBS OF the pbaob. a mtaelemeanor, in receiving property stolen, or obtained by f&lse pretences, or withperfmy, or subornation 6f perjury, or with concealing the bii-th of a chil^, \yy secret buryiftpor ottlierwise, or with wilful or in- decent exposure of the person, or with riot, ofHvith assault, in pursuance of a conspiracy to raise wages, or assanlt "upon- a rPeace Officer in the execution of bis dutyj or upon any person aXiting in his _ aid, or with .. neglecP or breach of outy as a Peace Officer, or with any misdemeanor, for thte proseiJuJrioD. of which the costs may ibe allowed oat of the Eublic Funds, sncli Justice may, in his discretion admit snch persoti to bail, upon his procuring1and.groduoiug sufficient sui'ety or sureties to ensure the ap- pearalioe of the aiicnsed to be tried ; and tnerenpbn he shall take the re- cognizance (S. 1-2) of ihe accused and his surety or sureties, condition^^ for bis appearance, at the time and place of trial, and, that he will then surrender ' and take his trial and not depart the Conrt without BaU after com- leave. Where a person charged Svith any indictable* ofTence is mitmeut ' committed to pason to take his trial at any time afterwards, and before the iirst day of tbe Comt, or before the day to which it may be adjourned, thq Justice or Justices who signed the warrant for his commitment may admit the acqjised to bail, or if of opinion that for any ojf the offSuces: before-' mentioned tbe accused ought to.be admitted to bail, shall, in such cases, a:pd, in all other cases of misdemjajaor, certify IS.. 3) on the back of the warrant of commitment his or their consent to such accused being bailed, stating also the amount of bail to be required i any Justice attending, or being at the prison where the accused is in custody, Duproduotion"of such certificate may admit him to bail, or if it is inconvenient ibr the sureties to attend at the prison, to join vjjith the accused in the recognizajice of bail, the commit- ting Justice, may make a duplicate, of sucU certificate ^S. 4), and upon the same being produced to any Justice of the saijie parish, he may tak^ the recognizance of the sureties.iu conformity with the certificate, and upon , the recognizance bein^ transmitted to tbe Keeper of the Prison, and pro- duced with'the certificate on. the warrant of commitment to any Justice at such prison, he may take the recognizance of the accused, and order him to ■Th'other°mMo ^^ discharged out of custody as to that commitment. . And where any per- mSno™ to be son is charged befoie 'any' Justice with any 'other indictable misdemeanor, bailed such Justice, after tiakingthe cxaminattdns in Writing, instead of committing him to prison, shall admit him to bail, or if he has Deen committed to pri- The Justice ad- aon and applies to any 'ViBiting Justice of such prison, or any other Justice X'^™K to M j.^^. j,^g parfsh, before the first day of the Court at which he is to be tried, or recogS^ce to a before the day to which it may be adjourned to be admitted to bail, such committing Jub- Justice shall ftccordipgly admit him to'bail ; and-where he is admitted to ticeto be sent to bail by a Justice other -flian the Committing Justice, the Justice admitting the proper officer j^j^^^ j.^ j^^jj ^j^^jj ^^^.(vith transmit the recognizance or recognizances to the Committing Justices, or ono of them, to be transmitted with the exami- No bail for trea- nations to the proper officer.' No Justice shall admit any person to bail for son treason, nor shall he be admitted to bail, except by osfler of the Supreme Court, or a Judge in vacation, 13 V., o. 24, s. 16. 'WaiTant of do- Where a Justice admits to bail any person in any prison, he shall send ■ , or cause to be lodged with the Keeper, a warrant of deliverance (S. 5) „.ider his hand, requiinug the Keeper to discharge him, if he be detavued for no other. offence, and npon such warrant of deliverance being- deli.vered to or lodged with such Keeper, he shall forth-wlth obey it, 13 ■V.,c. 21, s. 17. Disoharee com- When all the evidence offered on the part of the prosecution., against mltment or ad- the accused has beeji hea^d, if the Jnstice is of opinion that it is not sufflci- mission of defen- ent to put him upon his trial, he shall forthwith'order him, if in custody, to' dantto bailafter be discharged as to the information then under enquiry; but.it'.in his opl- evidenoe heard ^^^^^ ^^^ evidence is sufficient to put the accused , upon bis trial for an in- dictable offence, or if the evidence raises a strong orjirobablje presumption of the guilt of the accused, he shall, by his warrant (T. 1) commit him to th^ E risen to which by Law he may be committed, within which tlie Justice asjmisdiction, to be there safely kept, until thence delivered by due course of Law, or admit him to bail, 13 V., o. 24, s. 18. The Constable or other pei'son to whom the warrant of commitment is _ misoner to be ^jjected, shall convey the accused to the prison mentioned In the warrant, Sper with tte and there deliver him with the warrant to the Keeper, who shall thereupon warrant— his re- give such Constable, &0., a receipt (T. 2) for such prisoner, setUng forth the oeipt Btate and condition in which he was when delivered into his cuitody, 13 v., 0. 24, B. 19. liverance to, nnder JtrSTICES OP THE PEACE. ' ^.' . 331 ■•Aftw alltho examiuationa haye Been ootfipletecl, and before the iirst Defendant's day ^ the Court, at which any person oommitted of admitted to bail is ta right to- copy of bUtned.Bach person may reqnire and Ije entitted to havafrom the Officer "lepositions or parson havinjr the cuSltod}^ of the same, copies nBlf the depositions ■ on ■wliich he 'has been eommittod or bailed, on /.payment of a reasonable sum, not exceeding at the rate of Is. 6d. tor e»eh folio of 160 words; ■» 13V.,o. 24, s. 20. ^- .:, ~ ..r ". The Forms is Sehednle, or to such effect, shall be .v£tlid,13 V., c. 24, Forms 8.21. • ^« AU Acts or parts, of Acts, inconsistent -with this Act, repealed, 13 V., Repeal of Acts c. '-21, 8. 23. ' ' > ' (- ' In all cases, civil and criminal, one Justice may adjourn the hearing, 21 One Justice V ., c. 9, s. 8. ■ *.„ I,' . may adioum *- •■•■?■'., SCHEDULE— 13 V,, c. 24. » To WIT ; ' « " The.infQi'mation arid complaint of C. D., of (laborer, &c.) Informatto, A, . , ^ taken this day of " in the * 1-5 yearof our Lord, 18 . .. before the undersigned, (one) of . Her Majesty's Justices of the Peace, in «nd for. the said (Parish) of who saitb that (&c., stating the offence.) Sworn before (me), the day and year first abo'ye mentioned at ' » , 't . , J- S. To the Constable of and to aft other Peace Officers Warrant to ap* ,' in the said (Parish) of _ pretend, b, s. 1 ■Vfhereas .4. B. of (laborer, &c.) hlath this dajf been ., ^ar^ed, upon oath, before the undersigned (one) of Her Majesty's jt,' ...jBStices of the. Pf ace in and for the saioparish of-. 'for that he, on . at, .» did (&.C., stat- ing shortly, the (^enee) : These are Ijilerefdre to command you, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring • him before (me) or some othf r of Her Majesty's Justices of the Peace in and for the said (parish), to answer unto the said charge, and to f^ . be further dealt with according to Law. * GiTcn under my hand, this day of in the year of our Lord at ^ * in the parish afdzesai^ i-'. ■■ ': J-S. To A. B, of (laborer.) \ ^ • Bnmmpni, 0, i ^whereas you have this day been charged before the nrideifsipied, (one) °' ' of Her Majesty's Justices of the Peace in and^for the said (parish) of ■ for that you, on . . *' at ' ' - (^i) stating shortly the offence) : These are therefore to command you, *■ "in Her Majesty's nan}^, to be and appear before me on ' at o'clock m the forenoon, at , or before Buch. other Justice or Justices of the Peace for the same ' (FariEh) as may then be there, to answer to the .said charge, and to Be fnither dealt with according to La;W : Herein fail not. , », Given under mv hand, this ^ day of m the year of our Lord at in the parish aforesaid. J. S. To the ConatStble of and to all other Peace Officers of the Warrant where gaidparisFof . . IdTTl^'*'''' Whereas on the' last past, A. B,, of (laboi^ei') waa charged before tlie anderngued (one) at Het Htgeety' ,■?»«■ < ■' . 332 , JUSTICJBS OP THK PEACE. - > . ' ' ,' ■>*.■■''-'''■ "^ C'^- Justices of the Peace iij and for the said (parish) of ■ . for that (&c., as, in summons) : >^ A. B., commanding him, in Her Majesty's name) to be and appeaw befoi;e (me) on , , .at < , .. o'clock in the foFenooji, at < _, ' -. " orbef^e '^ such Qther Justice or Justices of the Peace for tha same (parish) as ' might then^be there to answer to the said.pharge, and to be'l'urther' ^ ,, dealt "with according to law : And whereafe the said A. B. hath ne- ' •' ■ , ', , glected to b^ or appear at the time and place appointed in and' by ■' * ':;*,' the s&i!l«uniiQons, allihougb it h^ now been proved to me, upon -; oath, that the said summons wtS^ 'duly served upon the -said A. B. : These are thereforetocommandyoujJn Hey JVIajesty's name, forthwith to apprehend the said A. B., and to bring him before me, or some other of Her Majesty's Justices of the Peace in and forihe said (parish) to answer to the sai3 charge, and to be further dealt with according v>- r .V. '^ 1*^- -., - »* . .., Given npdfer my hand, this ,' day of *.* . ' ,'' in the year ol£ur Lord *!••■<' at in the ,» parish afore^OT^ - , ' '• • i, • "• , *\_ , ,>, ■ - J. S. Cevtiflc a t e ot . . t hereby certify .that at (a Court of Oyer and Terminer; and General indictment being Gaol Delivery, holden in and for the (county*br parish, as the found, E, a 2 case, may be), of .. . -^ ' at > in the Said (coimty oy parish) ^s thfi'case'may ' be), on ■ "„ ' abill of indictnient.'vv^as found by the Grand Jury against A. B. therein described, as A'^B. late of (laborer, &c.) for that be (&.C.' staiiHg shortly the oifencej, and that the said A. B. halh not appeared or pleaded to the said mdictinenf. • - _ I - .';■,- Dated this.* " ■ .' day of '* " IS -.'■ , i» - ' ' J- D- ' ■» vijilf'. . .,.. Clerk of the Crown, or . , ■ ,, ^ •'' Clerk of the Peace of and for the said parish. ": •■ -w — -■ '- "it ^ fy -w...- . ! t • = .''- •• '-^x:^r, - . Wan-ant to ap- To the Constable of ' ' - t- » • - -,'„: and to all other Peace jOfficBrB mdiSedrsT™' in the said parish of . ' ' ' '"\ ■• ' ' ' - Whereas it hath been duly certifiM by J. D., Clerk of theftbwn (or ' Clerk of the Peace, 'of and for tne parish of - " ' ^ that (&c., stating the C6rtiiicate|": These are therefore toioOiji!*aan#yon, in Her Majesty's namej-fbrthwith to apprehend the said A. B., and to bring him 'before (me) or some other Justiee'or Justices of the Peace in _" and for the said (parish) tg be dfealt with according to law. "' Given under my band, thief - j,^ day of * ■ ■ ni the year of our Lord '7*? ■ = ~ ^ at "• "' ' «Win the parish aforesaid. '¥!■*•"... , ; . -.V", ,i»V.'i J- S. ■> i._ ■ •■■:«•..■»-«■ .-Vfi - — ■' ■ |i''« •' -•**}'■ Warrant of com- To the Conetafte of ' ' and to the keeper of the (Common . "^'"J^SL."! 'IS'^ Gaol or other Prison) at '<>**-. in the said parish of sou indlotea, (ir., ,y ' ■■,*ti JR,'»T ' -i^ ^ •• 2 Whereas by (my) warrant under iny handj, dated the <^ , '•"'^a' day of after retflting that it had been certijtwby J. D. (&c. as in the cirtificate) (I) oonimandfed the Constable of ' and all other Peace OMsOrs of the said parish, in Her* Majesty's name, forthwith, to apprehend tttesaid A. B., and to bring ' - him before (me) the undersigned, (one) of Her Majest^^s Justiqes of the Peace in and for the said (parish), or before some other Justice or Justices of the Peace in" and for the said (parish), to be dealt> with ac- cording to law ; And whei-eas the said .A. B. hath been apprehended ; under and by virtue of the said warrant, and being now brought be-- fore (me), it is hereupon duly proved to me. upon oath; that the said A. B. is the same pel-sou wno ie jiamed ana cWged in and by the ^ ^-i. f» JUSTICES OP THE PEACEl 333 ^. .,'., ^ * ' ■ •■ . saM indfctmeBt : These we-therefore to ooojimancl you, the said Con- stably, in Her Majesty's name, fortWith- to tske, and safely convey . the 9»id A. B. to the said (Common Gaol, orbtBer Prison) at in the said (parish) ,%ild? there to ddiver him " . to the deeper thereof, togetiier with this pre^^tt And 1 do hereby ';^» conunaad yon,tBe said keeper, to receiire the iaid A. B-.'ihto your . dOstody in the 'pAp (Common Gaol, or other Prison)- and him there . 'f safely to ke6|(,-'nntil he shall be thence delivered by dne course of „. v ,. law. ft Given under my hand , this' day of i " in the year of our Lora at • in the parish aforesaid. J. S. To the Heeperof the (Common Gaol, or other Prison), at Warrant to de . -■ in the said parish of '. tatoperepnindiot- ^ ' ed already mcuB- ■;f:^'Whereasithath'beendaly certified by J. D.^Glerk of 'the Crown, (or *"*'■ H. s.a ", - Clerk of the Peace, of and for the Parish of ^ ), that, (&C.J stating the certificate) : And whereas (I am) iu- , Jbrmed (hat the said A. B. is jfi your custody in the said (Common !; ' Gaol, or other Prison), at r. .^ aforesaid, ' charged with " some offenoeior other matter, ~ and it being now duly proved upon , *^aith before (me) that the said A; B. so indicted as aforesaid, and the " gaid A. B. in your oustodj' as aforesaid, are one and the same person : These are therefore tp command you, in'Her Maijesty 's name, to de- "■ tain the said A.'B. in your ftistody, in the (Common Gaol, or other Prison) aforesaid, until, by Her Majesty's writ of habeas corpus, he shall be removedf therefrom, for the pm'pose of being tried upon the said indictment, or until he shall otherwise be removed or discharged »out of yonr custody by due course of law. ' '^-'^ ". . - ■','■" ■ Given under my Bfed, this •■ '-^ day of '. ■ in the year of our Lord at j^' ■ ~^' . in tlie Parish aforesaid. ' '- «'''»»l iV r ■ ■ • V / J; S. '««»• ^i.4 '"''i''"" ^fofrlT:^ ''$^'' J Whereas proof upon oath hath this day been ihade before me, one of Her Indoradment in Majesty's Justices of the Peace for the said (parish) of backing a waaf- that the name of J. ^tHo the within ivarraut subscribed, is of the ""*> I> s. 8 .JjS: haadwriting of the Justice pf the .Peace with^ mentioned : I do therefore hereby authorize W. T. who biHpgeth'.to' .ine thS -warrant, and all other peraous to whom this wai'rant was o'riginally ' directed, 'i«jr'.^ or by whom it may lawfully be executed,,' and also all Constables »i'^ ' and other Peace Officers, of the (parish) of. ,. ,' « ,. tQ execute the same within the said last mentioned (parish) and '"* to bring thesaid A. B., ifapprehended, within the same (parish) be- i '• fore me, or before some other Justice or Justices of th« Peace of ■ ^ the same pSuish, to Be dealt with^according ttf^law. ' j Give'ii under a^ hand, this "'-ivr *' -.tt>\f i, day of / ''■.^- . . 18 . .-. ■ .-:. ■ ■ %. , ■ •;■'■■-' -,•>■.• .i^ ' J. L, To E. F. of , , (laborer.) 1 ■Whereas information hath been laid before the undersigned (one) of summons o ■ Her Majesty's Justices of the Peace in and for the said (parish) of witness. K, s. 9 ■ ■ -'? that A. B. (&c. as in the summons or warrant , \ against the accused), and it hath been made to appear to me upon ' \: (oath) that you are likely to give material evidence for the prose- j cution) : These are therefore to require you to be and to appear be- / fore me on next, at o'clock in ( the forenoon, at or before such other Justice i ov Justices of the Peace for the same parish as may then be there, / 334 JUSTICES P^ THE PEACE. ■- ,to testify -what von shall know concerning the eaia i^iarge sp made against the saicT A. B. as aforesaid. Herein fail n^t. ' , Given linder my hand, this day of ,♦,. . in the year of our Ljrd ^iit . in tHe parish aforesaid. , . , ' « Warrant where To the Constable of ' ahd to all other Peace Officers in '^'S™^?*!, "°' the said (p»i6h) of „ ,4 obeyed summons, ^^ . ' . *V *. ,^ Ii. 1, B. 9 Whereas information having teen laid before the, unQersignea, (one) of Her Majesty's Justices of the Peace in and for the' said (parish) of that A. B. f&c. as in the summons), and it having " been made to appear to (me) upon bath that E. P. of . laborer) was liliely to give material evidence for the prosecution, I did duly issue my summons to the said E,. P., requiring him to be and appear before me on - ' ' at- or before such other Justice or Justices of the Peace for the same pa- rish as might then be there, to testify \\'hafc he shoiild -know rospectina; the said charge so uiade against the said A. B. as aforesaia i And;- whereas proof hath this day been made before me, upon oaSi, of suchi summons having been duly servfid upon the Said E. P. : And whereas ■ the said E. P. hatli neglected to a"ppeai' at the tim^ and - place ap- . pointed by the said summous, and no just excuse fias^been ottered for such ncglept :, These are thereibre to command you to bring- and have the said E. P. before me, on at o'clock in the forenoon, at ' ' or be-, fore such other Justice or Justices of the Peace for the same (pa- ,^ 1 iMh) as may then be there, to testily whSt he shall know concern^ ing the said charge so made against the said A. B. as aforesaid. Given under my hand,! this day of * '--I in the jcear of our Xiord at in the parish aforfesaid. ^ " ' ' ■ J. 8. ■Warrant for a To the Constable of and to all other Peace Officers in witness in thefliBt the said (parish) of instauce, It2, a. 9 -* • ■JVhereas information hath been l?id before the uudersiprnea, (one) of Her Majesty's Justices of the Peace in and for the said (parish) of that, (&c., as in summons), and it having been made to appear to (me^, upon oath, that-E.P. of ' i , (laborer)' is likely to give material evideiice for the proaeeUtlBD, and that it is probable that the said E. P. wiUnot' attend t6 give evi- dence witliout being compelled so to do : These are therefiSre to com- mand you to bring, and have the said' E. P. before me; on at o'clock in the forenotto, at ■ or before such othef Justice or Justices. of the Peace for the same (parish), as.may then^be there, to " testify what he ehal} know concerning the said charge so made against the said A. B. as aforesaid. Given under my hand, this day of in the year of our Lord at in the parish aforesaid, J. B. Warrant for To the Constable of and to the Keeper of commitment o f the Common Goal or other Prison at iB the rfe.™™„™'^S said Parish of to be sworn or to , - ^ i T e eridence, 'Whereas A. B. was lately charged before the nnderBigned, (one) of ■"'■ ^•'' hes Majesty's Justices of the Peace in and for the said pariflh of for that, (&c., as in summons)^ and it having been made to appear to (me) upon oath, that E. P. of , was likely to give material evidence for the prosecution, I duly issued my summons to the said E, P., requiring him to be and ap- pear before me, on at or before such othir Justice ov Justices of .the Peace as ahould JVilKS^Q^.TBE PHACiti, 335 theu he ther», to teetity what he shcmU' hPO'^ltooAi'nlrig.thi eaM chawe BO made against the said A. & as aforesaid, ancTthe said E. W. BOW appeamng before me (or being brought before me by virtue of a -Warrant in that , behalf f to testify as afpresaid), and be- ing required to make, oath or affirmation as a witness in that be- lisuf, hatfc-now refused" so to do (or b^ing duly swoiii ae a wit- n^s, doth now r8lt;se to answer certain questions concerning the {0:emises which 'are here mitto him), without offering any just ex- «»- cnse for such hlff Refusal ; These are therefore to command you, ' ^ jjjie said Constable, tq take the said E. F:, and him safely to con- vey to the. (Common Goal, or other Prison) at . , in the parish aforesaid, and there dejiver him to the said Keeper ■ thereof, together with thisprecept ; and I do hereby command you, the said Keeper of the said (Common Gaol or other Prison) ' to re- ' ceive the .*aid B. F. into your custody iu the said (Common Gaol or other Kcison), ,and him there- safely keep for the space of dM's for hi^ said oonteimpt, unless he shall, in the meantime, consent •to >e examined, and to answer concerning the premises ; and for your soil^oing this wall Be your sufficient warrant. f ■ ,. Given under my hand, this day of iu the year of our Lord at in the parish aforesaid. J. S. To wit : ' *,a;heexaminalston of C.B. of . (Planter), and E. P. Depositions, M of (laborer), taken on (oath) this • a- 10 day of in the, year ei eiai Lord at in the parish aforesaid, before the nsder- sigoed (one) of Her Majesty's JusficesTof the Peace for the said (pa- .rish), in the presence and hearing of A. B., who is charged this day 'before (me), for that he the said A. B,, on ji at (&^c., describing the oSeuce as on a war- *, rant of commitment.) ■ .1 This deponent C. D. on Ms (oath) saith as follows, (&o., stating the de- r > ssposition of the witness as neatly as possible in the words he uses. •^ ''•JrtV'hen his deposition is complete let him sign it.) And this '* depcntent E. F. upon his oaln saith as follows : (&o.) lie above depositions of C. D. and E. F. were taken and sworn be- fore mej.at ' ' ^ ' on the day and year above mentioned. f-' -"■ • ". "' ' '...,■,' J. S. '.A. B. stau'ds charged befme tHo-tmdersigned, (one) of Her Majesty's statement of ac- . Justices of the, P«aoe iu for thQ {parish) aforesaid, this cused, N, s. 11 day of in the year of our Lord for that ■ he the said A. B. on at (&o., as in the caption of the depositions), and the said charge being read to the said A. B., and the witnesses for the prosecution C. D. and E. F. b^g severally examined in his presence, the said A. B. is now ad: dressed by me, as follows :— " Having heard the evidence, do you wish to Bjay anything in answer to the charge ? , Tou are not obliged -to say any thing unless you desiie to do so, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial." Whereupon the saiaA. B. saith as follows : (Here state whatever the prisoner may say, and in his very words, as nearly as possible. Get him to sign it if he will.) A. B. Taken before me, at the day and year first above mentioned. J. S. m Beoogulisaee is proseoute or give evidence, 01, s.l3 JUiSTIQBS or TW PBAOH. Be Jt remembwed, that on the, dsy of, in the year of our Lord , 0. D, of in the parish of personally came before me, one of Her Majesty's Justices of the Peace fQi^ th,e said parish, and acknowledged himself to owe to oim Sovereiaj> Lady the Queen the suin of of good and lawful money of this Island, to be made and levied of jijs goods and chattels, lands and tenements^ to the use of our saidllady the Queen, her heirs and successors, ithe the said CD. shall fail in the condition indqrsed. - -, Taken and acknowledged the day and year first above mentioned at before me. J. s. ■ Condi t.l n to prosecute (circuit court for 19 V„ e. 10) Condi fc ion to ■ pros e c u t e and give evidence Condition to give evidence The condition of the within written recognizaflo^'is such, Th|t whereas ■ene A. B. was this da.y charged befor* me, J. S„ Justice of the Peace within mentioned, for "that [&c..,^s in the caplion of tBe depo- sitions) : If therefore he the said C. D. shall appear at the next [Court of Oyer and Terminer, or 6enei*al 'Gaol Delivery few the . County of , (or at the next Conrt- of general Quarter Sessions of the Peace], to be holden in and for (the pansh) of -^ and there prefer, or cause to be ^ preferred, a bill ot Indictment for the offence 'aforesaid aga,inst the said A. B., and there also duly prosecute such Indictment then the said recognizance to be void, or else to stand in full force" and vh'tue. Same as the last Form to the asterisk, * and then thus : — And there prefer, or cause to be preferred, a bill of Indictment^gainst the amS A. B. for the offence aforesaid, duly prosecute, su^^ndietment, and give evidence thereon, as well to the Jurors who shall then inquire of the said offence, as also to them who shall pass upon the trial of the „ said A. B., then the said recognizance to be void, or else to stand in ' full force and virtue^ . i ,/ i, j^i Same as the la^'form but one to the asteriski," and tUeil thus : — " And there give such evidence as he knoweth, upon a bill of In- diotnfent to be 'then ai^d there preferred against the said A. B. for the offence 'Ecfbresaid, as well to the Jurors, who shall there en- quire Of the said offence, aa also to the. Jurors who shall pass upon me trial of the said A. B., if the saia' bill shall be found a true . f bill, then the said recognizance to be ^oid, or else to stand "in full force and virtue." To WIT : Kotice of recog- nizance to be given to tlie prose- cutor and his wit- nesses, 2, s. 13 (Circuit Court for 19 v., 0. 10) Take notice, that yon, C. D. of are bound in the sum of ■ to appear at the next [Court of Oyer and Terminer, or General Gaol Delivery for the county of (or at the next Com't of general Quarter Sessions of the Peace] to be holden at and then and there (prosecute and) give evidence against A, B. and unless you then appear there, and (prosecute and) give evi- dence accordmgly, the recognizance entered into by you will be .; forthwith levied on you. Dated this . day of 18 J.S, Conunitmeut of witnesses for re- fusing to enter into recognizance pi. B.13 To the Constable of and to the Keeper of the (Common Gaol or other Prison) at in the said parish of Whereas A. B. was lately charged before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said parish of for that (&c., as in the summons to the witness), and it having been made to appeal- to (me) upon oath that E. F. of was likely to give material evidence for the prosecution (I) duly issued (my) summons to the Imi E. F., requiring him to be and appear before (me) on ft? py Mors JUSTICES OV THE PEACE, &0. 837 such other Jashco^r Jaetides of the Peiiceas ehould then bo there, to testify what he sloald know ooneeming the said charge so made agamst the said A. H. as aforesaid ; and tlio said E. F. now appear- ing before (me), or beiivj; brought bqfore (me) by virtue (of a war- rant in that behalf, to testify as aforesaid), hatli been now ox- , amined by (me) touching the premises, but being by (me) repaired 'to enter into a recognizance, conditioned to give evidence. against the teid A. B., hath now refused so to do: These are therefore to command you, the said Constable, tu talte the said E. F., and bim safely to carry to the (Common Gaol, or othei> Bifison) at in the parish aforesaid, aiid there deliver him to the said Keeper thereof, together with this precept ; and I do hereby 'command you the said Keeper of the said (Common Gaol or other Prison), to receive the said E. F. into your' custody in the said . Common Gaol or other Prison, there to imprison and safely keep him until after the trial of the said A. B. for the offence aforeaai(^ unless, in the meantimfe, such E. F. shall duly enter into such re- - _80gnizance as aforesiiid, in the sum of pounds, "before some one Justice of the Peace for the said parish, condition- ed in the usual form, to appear al-the next [Court of Oyer audTer- (circuit Couvt to ' miner, or General Gaol delivery (or General Quarter Sessions of the i" hoiaou in and Peace), to be. holden Jn and for the [county or parish] of '»'• «*• sii* i>""''»i>) and there to give evidence before the Grand Jury upon any Bill of Indictment which may then and there be preferred against tiis said A. B. fur the offence aforesaid, and also to give evidence upon the trial of the said A. B. for the said offence, if a true Bill should be found against him for the same. -'*. Given under my hand, this in the year of our Lord ' in the parish aforesaid. day of J. S. To the Keeper of the (Common Gaol or other Prison) at in the parish of "Whereas by (my) order, dated the • day of (instant), reciting that A. B. was lately before then charged before (me) for a certain offence therein mentioned, and that ^. F. haying appeared before me, and beiug examined as a ■witness for the prosecution in that behalf, refused to enter into a recog- nizance to give evidence against the said A. B., and I therefore thereby committed the said E. F. to your custody, and required you safely to keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime he should enter into such recogui- '■' zance as aforesaid : And whereas for want of sufficient evidence against the said A. B., tlie said A. B. has not been committed or I, h'olct&i to bail for the said offence, baton the contrary tliereof has been since dischargerl, and it is therefore not necessary that the said E. F. should be detained longer in yonr custody : These are there-' fiirn to order and direct you, the said Keeper, to discharge the said E. F. gut of your custody, as to the said commitmei^t, and suffer him to go at large. Given under (my) hand, this day of in the year of our Lord at in the paiTsh afore- said. J. S. SubBcquoQt order to discharKQ trit- nCBS, P. 3, 9- 13 To the Constable of ' Gaol or other Prison) at of and to the (Keeper of the Common Warrant remami- jii the said parish '»s a^priBonor, q Whereas A. B. was this day charged before the undersigned, [one of Her Alajesty's Justices of the Peace in and for the said (parish) of for that, (&c.,asin the warrant to apprehend), and it ap- pears to me to be necessaiy to remaud the said A. B. : These are T T 338 JUSTICES OF THE PEA . . , J. S. ' The condition of the within written recognizance is such, that whereas . the within bounden A. B. wa§ this day (or on last past), charged before me, lor that, (&e.,as in the warrant : ) And whereas thd examination of the witnesses for the prosecution in this behalf is adjou'nicd . imtil tlie day of instant. If therefore the said A. B. shall appear before me on the said day of instant at o'clock in the forenoon, or before such other Justice or Justices of the Peace for the said (parish) as may then be there to answer (further) to the said charge, and to be further dealt with according to law, then the said recognizance to be void, or else to stand in full force and virtue. Kotice of vecogni- zaucetobe given to tho accused and liis sureties. Q. 3, s. 14 Take notice that you, A. B., of are bound ■ in the sum oi^ " ^ and your sureties, L- M. and N. O., in the sum of each, that you, A. B., appear before me, J. S., one of her Majesty's Justices of the Peace for the (parish) of . in the day of instant, at o'clock in the forenoon at or before such otlier Justice or Justices of the Peace for the same (parish) as may then be there, to answer further to the chai'ge made against you ; by C. D., and to be further dealt with according to law ; and unless you, A. B., personally appear accordingly, the recognizance entei'ed into by yourself and sureties will be forthwith levied on you and them. Dated this day of 18 J.S. CertiflciLto ofiiou- nppcR ranee to b« iu (loi-Kcrt on i-epogni- aauoo, (J. ^,fi. !■* 1 liei-eb;^ certify that the said A. B. hath not appeared at the time and plHce'in'the above coudition mentioned, but therein bath made default, , by reason whereof the ■wittdn -wntten recoimizance is forfeited. ^ J. S. .'aud to all other Peace" ■Wnvrant to con'. oy nccuaed before' J a JusticC'Of the par- (laborer), hath thfs day lf„ i" ^TJllo'ii^nt e. 16 ' JUSTICES OF THE PEACE, ^■0 W. t:. Constable of Offlceis in the said pai'isb of Whereas A. B^ of • (laoorerj, natn tms day ;;;;;;■ , been eharged before the undersigned (one) ofHer majesty's Justieea of tea it. Uie Peace ju and for the said pangh of ' for that , (&e., as in the jvarrant to apprehend) : And whei;eas (I) have taken 'me deposition of C. D., a witiiess examined byt(me) in this behalf, ^ but inasmuch as (J) am informed that the principal witnesses to prove - the said offenceag&inst the said A. B. reside in the (parisB) of C. where - the said offence is alleged to have beenooinmitte^ : These are therefore to command you, the said Constable, in Her Majestv'sna'jie, forthwith * to take .and convoy the eaid A. B. to. the said (parisli) of C, and there caiTjr him before some Justice-or Justices of tiie Peace in and for that (paiish), and near unto the (parish of > - ) $. .where the offence is alleged to have been committed, to answer fur- ther to the said charge before liim or them, and "to be fnrthar dealt "With according to law: And (I) hereby further' command yon, the said Constable, to deliver to the said Jnatice-or Justices tlie informa- tion in this behalf, and also the eaid deposition of C. I)., now given in your possession for that purpose-, together with this precept. Given nnrtef my hand, this day of -f in the year of our Lord at . in ,., . thejarish aforesaid. J. S. 339 Be it remembered. That on the day of n«u time, but it may remain in force until executed, and may be executed by apprehending the defendant at any place within the parish within which |'° ^' v., o, w, 342 JUSTICES OF THE PEACE, &C. Defects in wer rant, varianeee lie tween it and cvi- dcnco ■charge on bail Forfeited recog- nizance the Justices issuing it liave juriedicliou, or in case of fresh pursuit, at any . place in the next adjoining parish or place, within 7 miles of the border ol- Biioh first mentioned parish, without having such warrant backed a^ afteP^ mentioned ; and in all cases where the warrant is dii-ected to all Constables or Peace Officers in the parish within which the Justice has jurisdiction, any Constable, &c. ; for any parish within the jurisdiction for which such Justices acted when granting the warrant, may execute it, as if it were directed specially to such Constable by name, and notwithstanding the place in which it is executed is not within the parish for which he is Constable, &c., and such of the provisions and enactments in 13 V., c. 24, (s 8-9) as to the backing of any warrant, and the indorsement thereon by a Justice or other officer, authorizing the person bringing such warrant, and all other persons to whom it was originallv directed, to execute the „^me within the jurisdiction of the Justice or officer making such indorsem^m as are applicable to this Act, shall extend to all such warrants, and to all war-*' rants of commitment issued under this Act, as fully as if repeated and made Earts of it. No objection shall be allowed to any such warrant for any al- jged defect in substance or in form, or for imy variance between iu and the evidence on the part of the informant or complainant, but if any srtch variance appear to be such that the party apprehended has been thereby deceived or misled, the Justices, upon such terms as they think fit, may ad- comStta"™' dis^ J""™ t'^^ hearing to some future day, and in the meantfme may commit (D) tlie defendant to the house of correction, or other prison, lock-up-house or place of secui'ity, or to such other custody as they think fit, or discharge him upon his recognizance (E.), with or without surety at their discretion, condi- tioned for his appearance at the time and place at which the hearing is- ad- journed. Where a defendant is dischai'ged upon recognizance, and does not afterwards appear at the time and place mentioned, the Justice who has taken the recognizance, oi" any other then there present, upon certifying (F.) ou the back of the recognizance his non-appearance, may transmit the recognizance to the Clerk of the Peace of the pa- rish within which it was taken, to be proceeded upon as other recog- nizances ; and such certificate shall be sufficient prima facie evidence of hisnon-appearance, 13 v., c. 3.5,s.3. . Eieontion of >ura Every summons or warrant for the apprehension of any person charged mens out of parish with any oifence issued by any Justice in any parish, may be served or exe- with^ont endorse- ^uted out of the parish by the Policeman or Constable to whom it is direct- ed, or any other, and shall have the dame force as if it had been originally issued, or subsequently endorsed by a Justice having jurisdiction iu the pa- rish where it is served or executed, 23 V., c. 16, s. 1. Tail ii 11 t f -^y Justice before whom any person is brought under a warrant, who pariBii''for 'appear- IS apprehended in another parish,' may take bail by recognizance, for his ap- «ncc pearance before the Justices of the parish in which the offence was oom- mitteci, iu such an amount as he thinks fit, 20 V., c. 16, s 3. Warrants given by Justices against any person on board any ship or perlSis on 'board vessel, may be directed to the Pi ovost-Marehal or his Deputy, or any of the Bhip Constables of the place, according to the tenor of the wiirrant. Fee for executing, 3s. (Is 9d stg.), 35 C. 2, c. 4, s. 7. Description of In any information, &c.. Or the proceedings therein, in which it is ne- property of partners eessary to state the ownership of any property belongmg to or in the pos- '"'• session of partners, jointrtenants, parceners, or tenants in common, it shall be sufficient to name one of, and to state the property to belong to the person so named, and another or others, as the case may be, and whenever ne- cessary to mention for any purpose any partners, &c., it shall be sufficient so to describe them ; and whenever in any information, &c., or the proceed- ings thereon, it is necessary to describe the ownersliip of any work or bmlding, made, maintained or repaired at the expense of any parish, or of any materials for the making, altering or repairing of the same, or of any goods provided at the expense of any parish, they may be described as the property or goods of the Churchwardens, other than Kingston, when they shall be described as the property or gi ods of the Mayor, Aldermen and See now High- Commonalty of the city andjparisn of Kingston, and all materials and tools ways, IB v., 0. 18, provided for the repairs of Highways at the expense of any parish may be ''Main Eoads, SI described in like manner, 13 V., c. 35, s. 4. Y., c 3S, e. D-7 JUSTICES OV THE PEACE, &C. 343 Kvery person who aids, abets, counsels or iirocui'ea the oommiaaiou Aiiiora ana abot- ^f any offence now or hereal'ter punishable on summary conviction, shall be ""'* proceeded against and convicted, either together with the principal offender, orbefore'or after his couviction, and shall be liable, on conviction, to the same forfeiture and punishment as such principal, and may be proceeded agftihst and convicted, either in the parish where such principal offender may be couvict«d. or in that in which such offence of aiding, abetting, counselling or procuring has been committed, 13 V., c. 35, s. 5. Such proMsious and enactments in 13 V., o. 24, (s. 4), whereby a Jus- tice for one parish may act for the same while residing, or being in any Powers of Jus- other parish of which he is also a Justice as are applicable to this Act, shall "™.,5[' J°' f°,oth°r be incorporated into and extend to all Acts required of, or to be performed Sf whicii\e*i8 «1b» by Justices nnder this Act, 13 V., c. 35, s. 6. n juAtioe * If it is made to appear to iiny Justice," by the oath or affirmation of auy Bammons to wrt- credible person, that any peratra within his jurisdiction is likely to give ma- nosj teriat evidence in behalf of the prosecutcr, or complainant or defendant, au4 .will not voluntarily appear to be exiimiued as a witness, he shall issue, hiSsummons (G. 1) to such person, under his hand, requiring him to be and appear at a time and place therein mentioned, before him or some other Jus- tice or Jufltices for the same parish as shall then be there, to testify what he knows concerning the matter of the information, &c. ; and if any person so if "ot oboyoa, summoned, neglect or refuse toappSar, and no just excuse be otfered, then '""^™"' (after proof, upon oath or affirmation of service, either personally or by, leaving it for him with some person at his last or most usual place pf abode, and that a reasonable sum was paid or tendered to him for his costs and ex- penses) the Justice before whom he should have appeared may issue a war- rant j(jr. 2) under his hand, to bring him at a time and place to be therein mentioned before him, or before such other Justice as shall then be there, to testify as aforesaid, and which warrant may, if necessary, be bafiked as la^^.M,'^.'!'?''' before mentioned, in order to its being execnted ont of the jurisdiction of 6he Justice, or if satisfied by evidence, upon oath or affirmation, that it is pro- bable such person will not attend to give evidence without being com- pelled to do so, then, instead of a summons, he may issue his warrant (G. 3) i„^^Jt"' '" *'"' in the first instance, and vvhich, if necessary, may be backed. If, on his appearance, either in obedience to the summons, or upon being brought up by virtue of the warrant, such person refute to be examined upon oath or af- firmation concerning the premises, or refuse to take such oath or affirma- tion, or having taken it, refuse to answer such questions concerning the pre- mises as shall then be put to him without any just excuse for refusal, any Justice present may, by warrant (G. 4) nnder his baud, commit the person so refasmg, to the Comiton Goal or other Prison for the parish, not; ex- ceeding 7 days, npless he, in the meantime, consent to ' be examined and answer, 13V.,c. 35, s 7. In cases of complaint upon which a Justice may make an order for the ^^j,, eomploinis payment' of money or otherwise, the complaint need not be in writing, un- must be in writing less required by some particular Act upon which it is framed, 13 V., c. 3-5, s. 8 Any variance between the information and the evidence in' support varinnoos, a a- thereof, as to the time at which the offence or act is alleged to have been Joarnine;, luiaiiner, committed, shall not be" material, if it be proved the information was in *' fact laid within the time limited for laying it, nor as to the parish within which it is alleged to have been committed, if it is pfoved to have been committed within the jurisdiction of the Justice by whom the information is heard and determined. If any such variance, or any variance in any other respect between the infoi-matiou and evidence appear to the Justice to be such that the party charged has been deceived or misled, he may, upon such terms as he thinks flt, adjourn the hearmg to some future day, and, in the meantime, commit (D.) the defendant to the Gaol, or other Prison or placb of security, or to such other custody as he thinks lit, or discharge him, upon entering into recognizance (E) with or without surety, for his appear- ance at the time and place to whioh the hearing is adjourned. Where a de- fendant is discharged upon recognizance, and does not afterwards appear, the Justice who took it, orany Justice then there present, upon certifying (F) upon the back of the recognizance his non-appearance, may transmit the recognizance to the Clerk of the Peace of the parish within which it was taken, to be proceeded upon as other recognizances. The certificate shall be sufficient prima facie evidence of such non-appearance, 13 V., c. 35, ». 9. 344 Complaints and Infovmatlona need not bo on oath un IflBs warrant isauo in first instance Counsel or Attor- ney Within what timo to be laid Hearing Frooeedinga i n default of defend- ant's appearance Course of p r o- oedins on hearing JUSTICES OF THE PEACE, &0. Every complaint upon which a Juslice is authorized by law to make an order., iind every information for any offence or act punishable upon Biimmaiy conviction, unless some particular Act otherwise require, may be », made or laid without oath or affirmation, except where the Justice issues hie warrant in the first instance to apprehend the defendant ; and in eveiy case where a warrant issues in the first instance, the matter of such infor- mation shall be substantiated by the oath or affirmation of the informant, or bv a witness on his behalf, before any warrant is issued. Every such com- plaint ^hall be for one matter of complaint only, and not more, and every information for one offence only, and no more, and may be Tuade or laid by the complainant or informant in person, or by his Counsel or Attorney, or other person authorized on that behalf, 13 v., c. '35, s. 10. Where no time is limited for making -^ny complaint, or laying any in- formation in the Act relating to each particular case, it shall be maae or laid within 6 calendar months from the time the matter arose, 13 V., c. 35, s. 11. Every such complaint and information shall be heard, determined and adjudged by one, two or more Justices as directed by the Act upon which jt is framed, or other Act in that behalf, and if there be no such direction, by one Justice ; and the room or place in which the Justice sits, sballbe deemed an open and public Court, to which the public generally may have access, so far as it can conveniently contain them, ana the party against whom the complaint is made, or information laid, admitted to make his full answer and defence, and to have the witnesses examined and cross-ex- amined by Counsel or Attorney on his behalf; and every cpmplainaut or in- formant may conduct his complaint or information, and have the witnesses examined- and cross-examined by Counsel or Attorney on his behalf, 13 V., c. 35, s. 1^. If at the day and place appointed in the summons the defendant does not appear when called, the Constable or person who sei-ved him shall de- clare, upon oath, in what manner he served it, and if it appear that he duly served it, the Justice may proceed to hear and determine the case in de- fendant's absence, or npou his non-appearance, may issue his warrant as before directed (S. 2), and ac^ourn the hearing uutil he is apprehended, when he shall be brought before the same or some other Justice, who shaU either by his waiTant (H) commit the defendant to the Common Gaol, or other Prison or place of security, or if he think fit, verbally, to the custody of the Constable or person who apprehended him, or to such other safe custody as he deems fit. and order him to be brought at a certain time and place before such Justice as shall then be there, of which order the complainant or in- formant shall h"» ana orders viction upon Acts hitherto passed, whether any particular Form is given or not, the Justice who convicts may di-aw up his conviction on paper, in such one of the Forms of conviction (I. 1-3) in Schedule as is applicable, or to the like effect , and where an order is made, and no particular Form is given by the Act, and in all cases of orders under any Act hitherto passed, whether any particular Form is given or not, the Justice may draw It up in such one of the Forms of Orders (K. 1-3) in Schedule as is applica- ble, or to the like effect. Where by any Act authority is given to commit a person to prison, or to levy any sum upon his goods by distress for not obeying any order, the defendant shall be served with a copy of the minute copy mmuio of of such order before any warrant of commitment or distress issues ; but such W4or to bo sorvea order or minute shall not form any part of the warrant of commitment or distress, 13 V., c. 35, a. 17. DU 340 JUSTICES OF THB PEA035, &0. Ooata . Ill all cases pi' eummary conviotion, or of orders, the Justice may award ' and order therein that the defendant pay to the prosecutor or complainant such costs as to him seems just |. and where instead of convicting or mak- ing an order he disraiSBea tne information or complaint, he may, oy his or- der of dismissal, order the pi osecutor or complainant to pay to the diefendaBt such costs as to him seems just, and the sums allowed for costs shall be 8p6- cified in such coQviction or order, or order of dismissal, and recoverable in the same manner and under the same warrants as any penalty-or sum of_ money therein adjudged to be paid is to be recoverable ; and where ftfiere is no penalty or sum to be recovered, such costs shall be recoverable hf disiress and sale of the ^oods of the party, '8,nd in default of distress't by imprisonment, with or without hard labour, for not exceeding 10 days, m?- less sooner paid, 13 V., c. 35, s. 18. As to Justices' powers to award and enforce payment of compensation in default of performance in cases of orders other than for ps.yment of money, see 21 V., c. 9, s. 2. DisirasB Wanunt Where a conviction adjudges a pecuniary penalty or compensation to be paid, or an order requires the payment of a sum of money, and Jby'the Act it is to be levied upon the goods of the defendant, by distress and sale, and also in cases where by the Act no mode of raising -or levying such' penalty, compensation or eum of money, or of enforcing pkyment is slated or provided, the Justice making such conviotion or order, or any other for the same parish, may issue his warrant of distress (N. 1 2) for levying , ■ same, in writing, under his hand ; and if after delivery of such warrant of distress to the Constable to whom directed, sufficient distress is not" found Jiaokins within the jurisdiction of the Justice granting it,.then on proof alone being made, ou oath, of the handwriting of such Justice before any Justice of any other parish, such Justice of such other parish shaH thereupon make an indorsement (X. 3) on auoh warrant, signed with,hjs hand, authorizing its execution wit'ri-U the limits of his, jurisdiction, by virtue of which warrant and indorsement the penalty, or sum and costs, or so much aslmay not have been before levied or paid may be levied by tlie person bringiug it, or by . the persons to whoni-it was originally directed, or by any Constable or Peace Officer of the last mentioned parish, by distress and sale of .the VYiioro wan-aut goods of the defendant in such other parish. Whenever it appears to any to°aof».'! J'^l'OB in the meaner and time di- ' .reetea by the Act on whicli the conviction or order was founded unless the ' «nd «T,o of th«J''^^'''>'° ^\^\?' *°'^ ^^^ """^o ^""^ charges of tttitoe™! ' Md also of the comnutment (the amount being ascertamed and stated fi^ such comnutment) be sooner paid, 13 V., c. 35, s. 21. »,.» f^,?i'.f ^"^ ''^/°"^''"'°"^'"' ."I'dera, where the Act on which they Commitm-ent, aietomidcd provides no remedy, m case it be returned to a waiTant ofdi&^ »""" of sufficient tress, that no sufficient goods of the party can be found, the Justice to whom JIS? Si»n b? it IS made or any other, may, by his ^rarraut, commit the defendant to the tSt ^^ ^' l-ommon daoi, or other Pnson or place of security, for not exceeding one ' ■ other, -may issae his warrant of commitment (P. 1-2) under his hand, and requiring the Constables to whom it is directed to take and convey the defendant to the Conl:^6n Claol or other prison or place of seouiity for the parish as the casamaybe, and there to deliver him to the keeper, and re- (jniring the teeper to receive the defendant, and imprison him, or imprison him and keep himto hard labor, as the case may be, for such time as the Act dii-ects. In all such cases where, by the conviction or order, any sum for cof's is adjudged to be paid by the defendant to the prosecutor or com- plainant, th@~stun may, if the' Justice think, lit, be levied by warrant of aietress, (P. 3^) andj m default of distress, tfig defendant may be commit- ted c 35, s. 24. , ■ Where a Justice, upon any information or complaint, adjudges the de- Commonoemant fendant to be imprisoned, and he is then in prison undergoing imprison- of sentenoo of im- ment upon a conviction for any other offence, the warrant of commitment sequent offonco for such subsequent offence shall be forthwith delivered to the Gaoler to whom directed ; and the Justice issuing it may award therein tliat the im- prisonment for such subsequent offence commence at the expiration of the imprisonment to which the defendant had been previously adjudged or sen- tenced, 13 v., c. 35, a. 25. Where any information or complaint is dismissed^ with costs, the sum costs of dismissal awarded for costs in the order of dismissal may be levied by distress (Q. 1 ) enforcement on the goods of the prosecutor or complainant ; and in default of distress,- or of payment, such prosecutor or complainant may be committed (Q. 2) to the Common Gaol, or other Prison or place of security, for not exceeding 10 days, unless such sum, and all costs and charges of the distress, and of the commitment,' (the amount being ascertained and stated therein,) be sooner paid, 13 V., o. 35, s. Sfi. 3^8 JXTSTIOES OF THE PEACE, -Sco. t^iS^"' ■ '° "iS"' ^" ^'' oases where any pei-aon pays or tenders to the Constable haying . tressVarmntforto the execution of the warrant of distress, the sums mentioned, with ex- kespor of priion of penses to tlie time of payment or tender, he» shall cease to execute the ShorgT' *'°' ' " '^" same ; and where any person is imprisoned for non-payment of any penal- ty or other sum, he may pay or cause to be paid to the Keeper <5f the Prison, 'the snm in the warrant of conimitment mentioned, together, with the costs, charges and expenses, if any, therein also mentioned ; and the Keeper shall receive the same, and discharge him, if he be in his custody for no other matter, 13 V., c. 35, s. 28. Any one Juatioo In all cases of summary proceedings before Justices upon any informa- terfproMraiSary't' '^"^ °^' ""mplaint, One Justice may receive the information or complaint, and or after hearing " grant a Summons or warrant thereon, issue his summons or wai,Tant to co'm- pel the attendance of any witnesses, and do all other acts and matters preliminary to the heai'ing, even where by the act the information or com- plaint must be heard and determined by two or more Justices, and after the case has been heard and determined one Justice may issue all warrants of distress or commitment thereon. Not necessary that the Justice who so acts before or after the hearing shall be the Justice or one of the Justices by JuTiiM«'nre°roqu"- 'whom the case is heard or detei-mined. Where by Act it is or shall be ea they muBt bo required that any information or complaint be heard and detennined by two gesoni ana acting or more Justices, or that a conviction or order shall be made by two or more whole of the iISfrLg Justices, such Justices must be present, and acting together during the whole of the hearing tad determination of the case, 13 V., c. 35, s. 29. Forms The Forms in Schedule, or Forms to the like effect, shaU be valid, and ' it shall not be necessary that they be, oi purport to be made under seal, 13 v., 0. 35, s. 31. . . . < Extension ofis v., AH the provisions, remedies and Forins prescribed and given by 13 f. 35 to euhsaqncnt V., c. 35, extended, wherever .applicable, to all Statutes and Acts of the Le- mary iSSofotiMT' gislature since enacted and hereafter to be passed, and under which a sum- . mary jurisdiction has been or shall be given to Justices, 18 V., o. 57, s- 1. . The Forms to that Act may be adapted to meet the varj^ing circum- stances of each case in their application, and; may be simplified in their frame and language, provided tlie substance and effect be preserved, 18 v., c. 67, s. a. 'constables or Wherever upon any summary conviction or order of adjadication by Gaolers to pay Justices, any Constable'or other person receives any penalty or sum of mo- mone^s to Magis- ^^^^ he shall pay the same to the Clerk of thg Magistrates ; and if any per- , are to pay tlie pr" son Committed to prison upon any conviction or order for non-payment of portions applicable any penalty Or Sum thereby ordered to be paid, desires tp pay the same and omnt'to coifertoA^ costs beforo the expiration of tlie time for which he is so ordered to be im, Hues weekly for prisoned by the warrant of commitment, he shall pay the same to the Gaoler residne, M a g i .- ^j. ]i,,eper of the Prison, who shall forthwith pay the same to the Said Qoaier. to' rondw Clerk ; and all sums received by such Clerk, which shall be -payable under MoniMy Accounts the judgment Or conviction, Or under the provisions of the Act in that be- to Cleric of Vestry jij^ij to (]^e parties, complainant or informant, or otherwise, shall forthwith^ be paid in the proportions, and according t or conviction or Act, and all qthet-sams so received applicable to any Parochial use or purpose, shall, by such Clerk, in his next weekly or other settlement as after provided, be paid to the (Collector of Dues, 27 V., S. 1, c. 31) of the parish. Every such Clerk and every Gaoler or Keeper of a Prison, shall Iseep atrue and exactaccount of all such moneys received by him of whom, and when reeeived, and to whom, and when paid, in the Form Schedule T. to 13 V., c. 35, annexed, or to the like effect ; and onee in eve'ry month render a fair copy of every such account to the Clerk of the Vestry, to be laid before the Justices and Vestry, or in Kingston to the Clerk of the Common Council, to be laid before them on or before the 10th of the ensuing month: penalty* £5, to be recovered under 13 V., c. 3.5, 18 V., c. 57, B. 4. As to the Stamps and penalties received in th? Magistrates' Coui'ts, , 28 v., c. 9, s. 45-48. Clerk Magistrates . The Clerk of the Magistrates shall weekly pay over to the (Collectoi Jo "jui's »"!'""?"'' of Dues) the fines and penalties paid to and received by him during the iJuBB w8ekiy,°'ana preceding week, and exhibit to the Justices at each weekly or other Ses- oxhibit his receipt ^jgn ill the Parochial Town, the receipt therefor, and every month submit WeeMy"'°Se°ssiVs! to the Justices at the first Petty Sessions, the original aoetfunt (to be en- Exhibit ttcooiints tevedand contained in a Record Book to be kept for the purpose), verified monthly Oaolers' Monthly Returns — Rocoipts to be paid to Mogie- tratea^ Clerk Rotm-na to bo in- vestigated by the Justice, and signed if correct JUSHPUS OF THE PEACE, on non-payment, to make complaint to the Justices, 18 V., c. 57, s. 8. The Eeturus, Lists and Eeoeipts, shall not be subjected to Stamps, 18 v., c. 57, s. 9. Each Justice, Clerk of the Magistrate^, Gaoler, Police Officer or (Collec- tor of Dues) failing or neglecting to do aid perform any of the duties or re- quirements of this Act, shall forfeit not exceeding £5, to be recovered be- fore 2 Justices, 18 V., c. 57, s. 10. "*« Any person interested in the execution of any distress warrant, may .assume the defence of any action against" any Police Officer or other person , in respect of the execution of any such warrant, 18 V., c, 57, s. 11. In civil and criminal cases, one Justice may adjourn, 21 V., Adjoummonts c. 9, s. 8. Collootov of Dues to make complaints to Jasticos of non- payments in any week Returns, &c. ex- empt Arom stamps Sefenco of actions on execution of dis- tress waiTants SCHEDULE— 13 V., c. 35. To A. B. of r Summons to da- Whereas information has this day been laid ( or complaint hath this day formSon^°or°oom- j been made) before the undersiged (one] of Her Majesty's Justices pin>nt,A, s. i of the Peace in and for the said parish of for that you (here state shortly the matter of the information or com- plaint) : These are therefore to command you, in Her Majesty's name, to be and appear on at o'clock in the forenoon at before such Justices of the Peace for the said parish as may then be there to 'answer to the said infor- mation (or complaint) and to be further dealt with according to law. Given under my hand, this in the year oi our Lord parish aforesaid. at day of in the J. S. 350 JUSTICES or the peacej&g. Warrant where To the Constable of and to all other Peace Officers ^ly^T^'^"- ' iQthe saidpari6hof ' ' Whereas on »; last past, information was laid (or . complaint was made) before the undersigned (one) of Her Majesty's t Justices of th? Peace in amd for the said parish of for that A.lJ. (&c.,'as in the summons) : And whereas I thenis- •Bued my summons unto the said A. B., commanding him in He'r'Ma- ■ 'jesty's name, to be and appear on , at ^ o'dock in the, forenoon, at ' . . Jjefore snch Justices of the Peace for the said parish as might then be there, to answer to the said information (or complaint); and to be farther dealt '" ' with according to law : And whereas the said A. B. hath negl^ted to be or appear at the time and place so agpoiflted in and by ''the said summons, althongh it hath now been proved to me, upon oath, that the said '^nmriions hath been duly served upon the said A. B.' : These are therefore to command you, in Her Majesty's name, forth- with to appre()E^d the said A. B.,ana'to bring him .before some one or more of Her-Majesty's Justipes of the Peace' in and' for the said' parish, to aiiswer to the said information (or complaint), and to be further dealt with according to law. » ■ ■!.-.: ■■• '•"■■■ " Given-midermy hand, this day of in the year of our Lord, IS • 'at in the" parish aforesaid. ' .. , - J- S- Warrant in the irst To the Constable of and lo all other Peace Officers in.tance,C,..3,13 in the said parish of . ^ ;, . Whereas information hath' this day beeii laid before the undersigned, (one) of her Majesty's Justices of the Peace in and for the said parish of., • ,. ■ for tliat A.' B. (here _state shortly • * - the matter of the information), and oath being now made before me^» substantiating the matter ofsuch iafoEination: These are therefore tp command you, in Her Majesty's name, forthwith to iippreheud the said A. B,, and to bring him before S9me oneormore of Her Majesty's JuBticeaof the Peace in and for the said parish, to answer to the said information, and to be further dealt with accordingto law. , . Given under my hand, this day of in the year of our Lord at in the parish aforesaid. . J. S. warrant Of .om. To W.T., Constable of „ . , . " and to the Keeper Of the mlttal for aafoous. (Common Gaol or other Prison) at .lSurnniont^ot"Sio Whereas on last past, informsetion was laid (or hearing, B, b. 3, 9, complaint was made) befoiw4he undersigned (one) of Her Majes- ty's Justices of the Peace in and for the said parish of for that [&c., as in the summons) : And whereas the hearing of the same is adjourned to the day of instant, at o'clock in the forenoon, at and it is necessary that the said A. B. should, in the meantiaie, be kept in safe custody : These are therefore to cbmmand you, the said Constable, in Her Majesty's name, ..forthwith to convey the said A. B. to the (Common Gaol or other Prison), at and there deliver him into the' custody of the Keeper thereof, to- gether with this precept ; and I hereby command you, the said Keeper, to receive the said A. B. into your custody in the said (Common Gaol or other Prison), and there safely keep him until the . 7 undersigned (one) of Her Majesty's Justices of the Peace in ana for the said parish of for that )&c., as in the sammons), and it hath been made to appear to me, upon' (oath), that you are likely to give material evidence on behalf of the (jjrose- cutor, or comphiint, [complainant] or defendant) in this behalf : These are therefore to require you to be and appear on at o'clock in the forenoon, at before such Justices of the Peace for the saidj parish as may then 35g JUSTICES OF. THE PEACK, &0. be there, to testify what you shall know conconiing the matter of " ■'■ for: ■■ ' ' ■ " the said iuformation (or complaint). Given nnder my hand, this day of in the year of ' ovir Lord, 18 at in the parish aforesaid. J. S. Wnrraut whew To the Constable of and to all other Peace Of- Z™l' ""l.^"".' fioei's in the said parish of ooeyed summons, * 02, B. 7 Whereas information was laid (or complaint was made) before the un- dersigned ionej of Her Majesty's Justices of the Peace in and for the saia parish of . for that (&c., as in the summons), and it haying been made to appear to me, upon oath, that E. F. of in the said parish, laborer, was likely to give material evidence on behalf of the (prosecutor), I did duly issue my summons to the said E. F., requiring him to be and appear on at o'clock in the forenoon of < the same day, at before sUch Justices^ of the Peace of the said parish as might, then bg there, to testify what he should know concerning the said A. B., or the matter of the said in- formation (or complaint) : And whereas proof bath this day been made before me, upon oath, of such summons having been duly served upon the said E. F., and. of a reasonable sum having been paid (or tendered) to him for his costs and expenses in that behalf : And whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse hath been ofterei for such neglect : These are therefore to command you to take the said E. P., and to bring and have him on ■ " ' at o'clock in the fore- noon, at before such Justices of the Peace for the said parish as may then be there, Jo testify what he shall know concerning the matter of the said infoi'mation (or complaint). Given under my hand, this day of in the year of our Lord, 18 at in the parish aforesaid. J. S. wajrant foi- a To the Constable of and to all other Peace Officers in the WitneBS in the first Tisipiali nf tastnnoa, G 3, a. 7 parlSU 01 Whereasinformatiou was laid (or complaint was made) before the un- dersigned (one) of Her Majesty's Justices of the Peace in and for the said Parish of for that (&c., as in the sumuKins), and it being made to appear before me, upon oath, that E. F. of (laborer), is Ukely to give material evidence on behalf of the (prosecutor) in this matter, and it is probable that the said E. F. will not attend to give evidence without ybeing compelled so to do : These are therefore to command you to bring and have the said E. F. before me, on at' o'clock in the forenoon, at or before such other Justices of the Peace for the said parish as may thenbe there, , to testify what he shall know concerning the matter of the said in- formation or (complaint) Given under my hand, this day of in the year of our Lord, 18 at In the parish aforesaid. J. S. 'Commitmont of To W. T., Constable of in the said pai'ish of witness refusing to and to the Keeper of the (Common Gaol or other Prison) bo sworn or to give ^t oviclenoo, G 4, a. 7 Whereas iuformation was laid (or complaint was made) before the un- dersigned (one) of Her Majesty's Justices of the Peace in for the said (Parish) of for that (&o., as in the sum- mons), and one E. F. now appearing before me, such Jnstiee as afore- said, on • at JUSTICES OP THE PEACE, ScO. and being reqnu'ed by me to make oath or affiiiuation as a witness in that behalf, hath now refused so to do- (or being now here duly sworn as a witness in the matter of the said information or complaint, doth refuse to answer certain questions concerning the premises, which are now here put to him), without offering any just excuse for such refusal : These are therefore to command you, the said Consta- ble, to take the said E. F., and him safely convey to the (Common Goal or other Prison), at , aforesaid, and there deliver him to the said Keeper thereof, together with this precept ; and I do hereby command you, tlie said Keeper of the said (Common Goal or other Prison), to receive the said E. P. into youi' custody in the said (Common Gaol or other Prison), and there im- prison him for such his contempt, for the space of days, unless he shall, in the meantime, consent to be examined, and to an- swer concerning the premises ; and for your so doing this shall be yonr suflicient warrant. Given under my hand, this . in the year of oui' Lord, 18 -* aforesaid. at day of in the parish J. S. 353 To ' Constable of and to the Keeper of the (Common Goal or other Prison), at Whereas information was laid (or complaint was made) before the un- , dersigned (one) of Her Majesty's Justices of the Peace in and for the said parish of for that, (&c., as in the summons or warrant) : And whereas tlie said A. B. hath been appre- ^ ' hended under and by virtue of a warrant upon such information (or complaint), and is now brought before me as such Justice as aforesaid ; These are therefore to command yon, the said Constable, in Her Ma- jesty's name, forthwith to convey the said A. B. to the (Common Goul or other Prison), at and there to de- liver him to the said Keeper thereof, together with this precept ; and I do hereby command you, the said Keeper, to receive the said A. B. into your custody in the said (Common Goal or other Prison), and there safely keep him until next, the day of instant, when you ai'e hereby commanded to convey him at at o'clock in the forenoon of the same day, be- fore such Justices of the Peace of the said parish as may then be there, to answer to the said information (or complaint), and to be further dealt with acccording to law. Given under my band, this in the year of our Lord, 18 parish aforesaid. day of Warrant to re- mand a defendant frhen apprehended, U. G. 13 in the J. S. To WIT : Be it remembered, That on the day of in the Commitment Sot year of our Lord at in the said parish of L?eT'S di°tre?a° A. B. is convicted before the undersigned (one) of her Majes- and lin default of ty's Justices of the Peace for the said parish, for that (he, the said i^^°^L.S*'°{V A. B., &o., stating the offence, and the time and place when and s. 14-17 where committed), and I adjudge the said A. B. for his said offence, to forfeit and pay the sum of (stating the penalty, and also the compensation, if any), to be paid and applied according to law ; and also to pay to the said C. D. the sum of for his costs in this benalf ; and if the said several sums be not paid forthwith, (oT on or before next),* I order that tlie same be levied, by distress and sale of the goods and chattels of the said A. B. ; and m default of sufficient distress,* I adjudge the said A. B. to be imprisoned in the Common Gaol or other Prison, at in the said parish, (there to be kept to hard labour) for the space of 354 JUSTICES OP THE PEACE, &0. _ unless the said several sums, and all costs and oliargeS of the said distress, (and of the commitment) shall besoonerpaid. Given under my hand, the day and year iirst above-mentioned, at in the parish aforesaid. J. S. * Or, where the issuing of a distress, warrant wopld be rainous to the defendant or his family, or it appears that hf has no goods whereon to levy a distress, then, instead" of the words belipceen thfi asterisks,*'' :! say, "then inasmuch as it hath now been maide to appear to me . (that the issuing of a waiTant of distress in this behalf would be i-a-' inous to the said A. B. and his family," or ".that the said A, Bl'hath "' no goods or chattels whereon to levy the said sums by distress),'!" ' adjudge, feq." as above, to tlje end. Conviction for a To tvtt • penalty, «nd Inie- im'Sri.onm^Sril; Be it remembered, Thaton the ; • day of •• u-17 in the year of our Lord " at in the • said parish, A. B. is convicted before the undersigned ^one) of Her' • Majesty's Justices of the Peace for the said parish, fbr that he, (ths said A. B., &c., stating the offence, and the time and jSace when and where it was committed), and I adjudge the said A. ^B. fortfls said offence, to forfeit and pay the sum of ' (stating .the penalty, and the compensation, if any), to be paid and appUed ac- cording to law ; and also to pay the said C. D. the sum of - ■ ; • for his costs in this behalf ; and if the said s'everal sums be not p&i.' forthwith (or on or before * next), I adjudge the said A. B. to be imprisoned in the (Common Gaol cr other Prison^ at. in the said parish, (and there to be kept to hard labour) for the space of . unless the several sums shall be sooner paid. , . Given under my hand t.he day and year first above-mentioned, at in the parish aforesaid, J. S. Conviction whon 'J'q WIT ; the punishment ia i?'o.,iW«'?°°''" Be it remembered. That on the day of in the year of our Lord in the said parish, A. B. is convicted before the undersigned (one) of Her Ma,iestv's Justices of the Peace forthesaid parish, for (hat (he, the said A. B., &c., stating the of- fence, and the time and place when and where committed), and I ad- judge the said A. B., for his said offence, to he imfirisoned in the (Common Gaol or other Prison), at in the said" parish, (and there kept to hard labour) for the space of , and I also adjudge the said A. B. to pay the said C. D. the sum of for his costs in this behalf ; and if the said sum for costs be not paid ■: forthwith (or' on or befote next) , then* I order that the 1 said sum be levied by distress" and sale of the goods and chattels of ■; the said A. B. ; and m default of sufficient distress in that behalf,* I adjudge the said A. B. to be imprisoned in the said (Common Gaol or other prison*, and there kept to hard labour for the space of to commence at and from the termination of his imprisonment afore- said, unless the said sum for costs shall be sooner paid. " ,,-y Given imder my hand the day and year first above-mentioned, at in the parish aforesaid. J. S. % * Or, where the issuing of a distress warrant would be ruinous to the "'' defendant or his family, or it appeairs that he has no goods whereon ;1 to levy distress, then, instead of the words betjveen tlie asterisks," , say " inasninch as it hath now been made to appeal- to ine (that the ,; issuing of a warrant of distress in fhis behalf would be rainous to 3 the sad A. B. and his family,',' or " that the said A. B. hath no goods or chattels whereon to levy the '^aid sum for cjosts by distress), I ad- judge, &c.'' JUSTICES OF THE PEACE, &C. 355 To wit: Order f»r payment Beit remembered, That ou complaint was made before the i°evSi° b/ ^i»t?eM° undersigned (one) of Her Majesty's Justices of the Peace in and for "nil in ' ' (unless the said order be sooner obeyed, if the act authorize this) ; and I do also adjudge the" said A. B. \o pay to the said C. D. the sum of for his costs in this behalf; and if the said sum for costs be not paid forthwith (or on or before next). I order the same to be levied by distress and sale of the goods and chattels of the said A. B. (and m default of sufficiert distress in that behalf, I adjudge the said A., B to be im- prisoned in the said (Common Gaol or other Prison), (and there kept to hard labor) for the space of to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs shall be sooner paid. •■ . . » Given under my hand, this day of . in the year of our Lord, , at ■ ,. in the parish aforesaid. J. S.' ■ I Order of aismlMil To WIT : SrcomplSS'L*" M Be it remembered, that on . information was laid (or ' ' ' complaint was made) before the undersigned (one) of her Majesty's Justices of the Peace in and for the said parish of - for that, (&c., asin the summons to the defendant), andnow, at this day," ■ to wit, on at ' •■ both the ^ said parties appear before me in order that I should hear and deter- __ ■ ii .J ;„j? i:— / , 1..:^^, / ii ;j A T> .. — »..»..«l. mine the said information (or complaint) (or the said A. B. appeareth before me, but the said C. D., although duly called, doth not appear), whereupon the matter of the said information or (compl^nt) being by me duly considered, it manifestly appears to me that the ' said in- _^ formation (or complaint) (is not proved, and*) I do therefore disroiss ", the same (and do adjudge that the :said C. D. do pay to the said A. B. i the sum of' for his costs, incurred by himinhis defence in this behalf ; and if the said sum for costs be not _paid forthwith) or on or before ), I order tjiat the same be levied by distress and sale of the goods and chattels of the said C. D. ; and m default of sufficient distress in that behalf, I ad- ' judge the said C. D. to be imprisoned in the (Commoil' Gaol or other Erison), at in the said parish, (and there kept to aid labor) for the space of unless the said sum for omitted. * If the informant or complainant do not appear, these words may be tted. JUSTICES OP THE PEACE, &C. 357 cdBls, and all coats and charges of the said distress and of the com- < ■• mitment, shall he sooner paid. Given under my hanS, this " day of , , in the year of our Lord ■ at '. * in the parish aforesaid. J. S. I hereby certify, That an information (or complaint) preferred by C. CorHBcnto of dli- D. against A. B., for that, (&c., as in the summons), was this day ""m"'! m, s. h considered bv me, one of Her Majesty's Justices of the Peace in and for the parisn of and was by me dismissed • with costs. Dated this day of 18 J. S. To the Constable of and to all other Peace Officers in Wanimt of au- the said parish of '£\T^.^^^V, Whereas A. B., late-of (laborer), was on "'°''°^' ''■ this day (or on last past), duly convicted before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said p'arish of for that, (stating the offence as in ■ the oonViction), and it was thereby adjudged that "the said A. B. should, for such his-o£fen6e, forfeit and pay, (&c., as in the convic- tion), and shovrld also pay to the said" C. D. the sum of -for his costs in that behalf ; and it wa.. 'lereby or- dered, tliat if the said several sums should not be paid (t'u;''iwith), the same should be levied, by distress and sale of the goods aud chat- tels of the said A. B., and' it was thereby also adjudged, that in de- fault of sufficient distress, the said A.^ B. should be imprisoned in the (Common Gaol or other Prison) at ' in the said parish (and there kept to hard labour) for the space of unless the said several sums, and all costs and charges of the said distress, and of the commitment, should be sooner paid: And whereas the said A. B. being so oouvioted as aforesaid, anAbeing (now) required to pay the said sums of 'and - hath not paid the same, or any part thereof, but therein hath made default : These are therefore to command you in Her Majesty's name, forthwith to make distress of the goods and chattels of the said A. B. ; and if vrithin the space of days next after the'making of such distress, the said sums, together , with the reasonable charges of taking and keeping the distress shall ■ nofbe paid, that then you do sell the said goods aud chattels so by you distrained, and do pay the money arising by such sale unto ' . the Clerk of the Justices of the Peace of the parish, that he may pay and apply the same as by law is directed, and may render the overplus, if any, on demand, to the said A. B. ; and if no such distress can be found, then that you certify the same unto me, to the end that such further proceedings may be had thereon as to the law doth appertain. Giyen nnder my hand, this day of in the year of our Lord, at \fi. the parish aforesaid. J. S. ' To the Constable of aud to all other Peace Officers Wairani of ais- in the said parish of , */Sn'"«; J JoS-" Whereas on last past, a complaint was made" ""y. N i, a i» before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said parish of for that, (&c., as in the order), and ajfterwards, to wit, on at the said parties appeared before me (or as in the order), and thereupon having considered the matter of the said complaint, I adjudged the said A B. to pay to the said C. D. the sum of on or before the then next, aud also tf) •358 ^JUSTICES OF THE PEACE, &0. pay to the eaid C. D. the sum of for his costs in that behalf ; and I thei-eby ordered that if the said eeveral sums should not be paid on or before the said then nexl, the same should be levied by distress of the S9,le of the goods and chattels' of, the said A. B., and it was adiadged, that in deiaiiU^ of sufficient distress in that behalf, the said A. B. should, be impiisoned in the (Common Gaol, or other Prison), at ' , . 4n-the said parish" (and there kept to hard labour) for the space of _ , unless the said several sums, and all costs and chai'ges of the distress, (and of the commitment.) should be sooner paid: And vrhereas the time in and ,by the said order appointed for the payment of the said several sums of - and '• ' . bath elapsed, but the said C. D. hath not paid the same,, or. any"fpart thereof, but therein hath made default* : These are therefore to com- mand you, in Her Majesty's name, forthwith to make distress of th^ goods and chattels of the said A. B. ; and if within- the space of days after the making. of such distress, the eaid last-mentioned sums, together with the reasonable chai'ges of laking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by, you distrained, and do pay the'^^ money ansing from such sale unto the Clerk of the Justices of the Peace for the parish of that he may pay and apply the same as by law directed, and may__ ■ renderthe ovei'plus, if any, on demSndl'to the said A. B., ; and if no"^ sucli distress c■ '■ ^^ ■ Justices of the Peace in- and for the said pansli, for that (&c., as in the order of dismissal; ; and afterwards, to wit, on at both parties appearing before me in order that I should hear and determine the same, "and the several proofs ad- liduced tome in that behalf being by me duly heard and considered, and it manifestly appearingtome that the said information (or com- plaint) was not proved, I therefore dismissed the same, and ad- judged that the said C. I), should pay to the said A. B. the sum of for his costs incurred by him in his defence in that be- half, and I ordered that if the said sum for costs should not be paid (forthwith), the same should be levied of the goods and chattels of the said C. D. (and I adjudged, that in default of sufficient distress in that behalf, the said C. D. should be imprisoned in the (Common Gaol or other Prison), in the said parish (and tlierelrept to hard la- bour for the space of unless the said sum for costs, and all costs and charges of the said distress, and of the commit- ment, should be sooner paid, (*) : And whereas the said C. D. being now required to pay unto the said A. B. the said sum for costs, hath not{)aiathe same, or any part thereof, but therein hath made de- fault : These ai-e therefore to command you, in Her Ma.jesty's name, . forthwith to make distress of the goods and chattels of the said C. D. ; and if, withinthe space of days next after the making of such distress, the said last mentioned sum, together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the said goods and chattels so by yon distrained, and do pay the money arising from such sale to the Clerk of the Justices of the Peace for the said parish of that he may pay and apply the same as by law directed, and may render the oveiplus (if any), on demand, to the said C. D. ; and if no such distress can be found, then that you cer- tify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain. Given under my hand, this day of in the year of our Loid, at in the parish aforesaid. J. S. To the .Constable of and to the Keeper of the Wamnt of com- (Common Gaol or other Prison), at • in the said U S'o.> •■TthJ parish of last COBB, Q 2r s. 116 Whereas, (&c., as in the lastform to the asterisk (*), and then thus) : • " And whereas afterwards, on the day of in the year aforesaid, I, the said Justice, issued a warrant to the ■ % CSUEltsible of commanding him- to levy the .said sum of for costs, by distress and sale of the goods and chattels of the said C. D. .- And whereas it appears to me, as well by the return of the said Constable to the said warrant of distress, or otherwise, that the said Constable hath made diligent ' search for the goods and chattels of the said C. D., but that no suffi- cient distress whereon to levy the sum above mentioned could be 364 JUSTICES OP THE PEACE, &C. found : These are therefore to command you, the said Constable , of '■' to take the said^ C. D., and[ him safely . convey to the (Common Gaol or oth'er Prison), at * aforesaid, and there deliver him ^ the said Keeper thereof, together with tins precept i and I do hereby command you, the said Keeper of the said (Common Gaol or other Prison), to receive" the sajd C. D., into your^ custody in the said (Common Gaol or other Prison) , there to imprison him (and keep him to hard labor) for the space oi , unless the said sum, and all costs and charges of the said distress, (and of the commitment), amounting to the further sum of shall be sooner paid unto you, the said. Keeper ; and for your so doing this shall be your sufficient, warrant. Given under my hand, this day of in the year of our Lord, at in the parish aforesaid. J. S. ' JUSTICES OP THE PEACE, &C, 365 O S K B O fi o o as o o o H w 6-1 ft O Oq-i O O IS* O ID ° 5 l^-a n o H 6h O ,Q s" O "»! -H Pk W O M h^ o o o o i' such notice, or that it arose in the place laid as the venue in the margin of the declaration, he shall be nonsuit, or the Jury shall give a verdicc for the . defendant, 13 V., c. IS, s. 11. Where the plaintiff is entitled to recover, and proves the levying or pay- ment of any penalty or sum under any conviction or order as parcel of the damages he seeks "to recover, or if ne prove he was imprisoned under such conviction or order, and seeks to recover damages for such imprison- ment, he shall not be entitled to recover the amount of such penalty or sum, or any sum beyond, as damages for such imprisonment, or any costs of suit whatsoever, if it be proved, that he was actually guilty of the offence, or that he was liable to pay the sum he was ordered to pay, and with re- spect to such imprisoumeiit that he had undergone no greater punishment than that assigned by law for the offence oi which he was convicted, or for non-payment of the sum he was ordered to pay, 13 V., c. 15, s. 13. If the plaintiff recover a verdict, or the defendant allow Judgment to pass against him by default, such plaintiff shall be entitled to costs, as if ' this Act had not been passed, or if in such case it be stated in tlie declara- tion that the Act complained of was done maliciously, and without reason- able and probable cause, the plaintiff, if he recover a verdict for any da- mag'es, or if the defendant allow Judgment to pass against him by default, shall be entitled to full costs, to be taxed as between Attorney and Client ; and ill every action against a Justice for anything done by him in the exe- cution of his office, the defendant, if he obtain Judgment upon verdict, or otherwise in aU cases, shall be entitled to his full costs, to be taxed as be- tween Attorney and Client, 13 V., c. 15, s. 13. Damaeroa King-ston Aqueduct. The Members of Assembly for St. Andrew and Kingston, and the Justices . C"™"'*"'" "«'''' and Vestry of Kingston were incorporated as " The Trustees of the Kingston ThSfpJweis Aqueduct"," to hold lands, donations, subscriptions, &c., with power to enter (See now nigS- into lands in St. Andrew and Kingston, and dig and cut through the same, ^^^^"-"^ "°-"' or any highways, canals, drains, trenches, and gutterings, and build and throw up mounds, dams or walls, to convey the torrents ot water occasioned by rains, overflowing of rivers and otherwise, into the sea, and preventing the waters from running into and c ; the streets, lanes, and houses ill Kingston, and running into low grounds, or becoming stagnant therein and noisome to the neighbourhood, for which compensation is to be made, 36 ft. 3, c. 24. iDRDrporatlon and Court I-I o u B 0, lands held for use of the poor MajroT, Aldcrmea and Common Conn* cilmcn Leaees of laud to the corporation Triennial elociion of Mayor Annual election Of 4 Aldermen KINGSTON COKPORATlON, Kingrston Corporation- The Freeholders and other inhabitants of the City and palish of Kingston, dulj; qualified according to law to vote in the election of Members of Assembly, incoiTJorated by the name of " The Mayor, Aldermen and Commonalty of the City and Parish of Kingston," with power to sue audjbe sued, have a Common Seal, and alter the same, and continue to hold any real and personal estate now held and heretofore purchased or acquired by them for the use of the Corporation, and capable of accepting, purchasing and holding any estate, real or personal, and may sell and cdnvey lands of the Cor- poration for such reasonable sums as may be expedient, or accept other lands in exchange, and apply the moneys arising from such sales for the use and purposes of the Corporation as to them seem expedient, 18 V., c. 61, s. 2, The Mayor, &c., by their corporate name were empowered to purchase and hold land iu St. Andrew, called the Race-Course, and any other land and real estate within'this Island, for the public use, benefit and piu'poseB of the Corporation ; and the Magistrates, Constables and other Officers of Jus- tice of Kingston, to have full power to execute and exercise their present powers, duties and functions in and upon the Eace-Course, as if the lands were within and part of the city and parish of Kingston ; such Eace-Course to be at all times open from 5 a. m., until 8 p. m., for the use and recreation of the public, and not to be built upon by any person, 49 Gr. 3, c. 28, s. 1. A parcel of land in Orange Street, as also a lot of land in Church street, devised for the use of the poor, and also some part of a parcel of laud purchased for a Court House for transacting parochial business, binding on Duke-Street, Water-Lane and Harbour-Street, (now part of the present Court Houses) were vested in the Justices and Vestrymen for the time being, with power to rent, lease or demise the same at will, from year to year, or for not exceeding 14 years, for the highest rent that can be ob- tained, and apply the rents and profits towards supporting the poor of the parish, and any surplusage of the annual rents towards the oontmgent charges of the parish, 27 (J. 3, c. 5. One Mayor, 12 Aldermen and 12 Common Counoilmen shall be chosgn and elected as after directed, 18 V., c. 61, s. 3. The Corporation may demise and lease any of their lands to any per- son or body corporate, and also lands from any persons or body corporate for the public use, benefit and purposes of the Corporation, for not exceed- ing 21 years, and apply the moneys to arise therefrom in such manner, for the use and puraoses of the Corporation, as to them shall seem expedient, 18 v., c. 61, B. 5. On the 2nd Wednesday in January after the passing of this Act, and on the 2nd Wednesday in January in every third year aftei-wards, the freeholders and other persons qualified to vote for Members of Assembly for the city and parish shall assemble at such public place within the city, as the Mayor, or in his absence, sickness or default, the first or se- nior Alderman upon the roll, or in his default, any other Alderman, accord- ing to seniority, shall appoint, and then and there, by plurality of votes or voices, elect out of the Mayor and Aldermen for die time being, and such persons as have been Mayor or Aldermen at any time before, one person to be Mayor, who shall thereupon enter upon and continue in his office until the next triennial election of Mayor. In case any Alderman whose term of office may not be ending on that day is elected Mayor, ' the freeholders and other electors shall assemble and meet at such public , place in the city, and such time as the Mayor, &c., shall appoint, and by , plurality of votes, elect and choose out of the freeholders an Alderman in his room lor so much of his term of office as is unexpired, 18 V., c. 61, s. 6. On the 2nd Wednesday in January in each year, suchfreeehblders and other electors shall assemble at such public place as the Mayor, &c., shall appoint, and then and there, by plurality of votes, elect out of the freehold- ers of the parish 4 Aldermen in the room of the 4 Aldermen whose term of •office expires at such respective periods, who shall thereupon enter upon and continue iu their office for 3 years and no longer, unless re-elected ; and upon such election the Aldermen elected (not being Aldermen who had retired in rotation, and who shall, on re-election, retain the order and seniority they enjoyed before their retirement) shall be put upon th^-toU next after the Aldermen then already on the roll, the immediate order and Annual election of 4 Common Coun oilmen Common Coun- cilmen eligible to be Aldermen Aldermen or Com ' mon Councilmen may be elected to KIHGSTON yORPOEAflON. S69 senibrity of the Aldermen tlieu beiiig elected for the first time, being de- termined as between themselves by lot, 18 V., c. CI, s. 7. On the Snd Wednesday iij Januitry in each year such freeholders and other ei'BBtors shall assemble at snch place to be appointed ^ in_ the case of the election of Aldermen, and then and there, by pjtu'ality of votes, elect, out of the freeholders of the parish, 4 Common Couuoiimen in the room of the 4 Common Councilmen whose term of office expires, who sh^U thej^eupon enter upon and continue in their office for 3 ^9^s, and no longer, uitless re-elected. In case of an election of Alderman, any Common Conncilman for the time being shall be eligible to be an Alderman. In case of an election or appointment to any office by the Coi^mon Council, any Alderman or Common Councilman willing to accept ■ tllta appointment, may be elected. In case any Common Councilman is elect- ed an Alderman, or any Alderman or Common Councilman is elected to any office,>tiho freeholders and electors shall assemble at such time and place as the Mayor &c. shall appoint, and then and there by plurality of votes elect, out of the freeholders, an Alderman or Common Councilman in the room of the Aldeimau or Common Councilman elected to any office, or of tlie Common . Councilman elected to be an Alderman, for so much of his term of office as may be unexpired, 18 V., o. 61, s. 8. The ^nalification to vote at any election of Mayor, Aldermen, or Cjm- mon Councilmen, or of any officer to be elected by the. voice of the electors, shall be similar to, and regulated and governed by the laws, for the time in force fer declaring and regulating the qualification of voters for Members of Assembly, 18 V., c. 61, s. 9. No person shall be eligible to the office of Mayor, Alderman or Com- mon Councilman, who has not been assessed for direct taxes in Kingston , in his own right, for the year immediately preceding his election, to the amount of £3, and who has not actually paid the taxes, or such portion as at the time of election was due by him, 18 V.,c. 61, s. 10. No candidate shall be nominated as Mayor, Alderman, or Common Councilman, who does notpossess the qualifications required ; and the Ee- oosder, or persons taldng ttie poll, are prohibited from receiving the no- mination of ajiy candidate who does not produce at. tbe poll, and previous to his nomination, a certificate from the Clerk of the Common Council that he has been assessed for direct taxes in Kin^jston, in his own right, for the preceding year, in tbe amount of jiS, and receipts of the [Collector of DuesJ shewing he had actually paid such taxes, or the portion due at the time of election, 18 V. j c. 61, s. 11. ' Nor be capable of sitting or voting, until he has produced to the Re- corder, or a Justice, previous to taking the oaths, (s. 22) a certificate and receipts as above, 18 V., c. 61, s. 12. If any member of the Common Council becomes bankrupt, or is declared an Insolvent Debtor, or takes the benefit of any law for the discharge of any Insolvent Debtor from his debts, or becomes a public defaulter, or is convicted of felony or infamous crime, he shall be disqua- lified to sit ; and the voters shall meet at such places and time as the Mayor, &o. appoints, by plurality of votes, to elect from the qualified^ in- habitants a person in his room for the remainder, of his term of office, 18 v., c. 61, 8. 13. Every election shall commence between 8 and a. m., and be kept open until 4 p. m., and the poll shall be taken by the Recorder, or other persons appointed bv the Mayor, &c., who shall enter the names of the pejBons- elected in a" book for the purpose. The Mayor, &o., may appoint any number of polling places, with competent persons to act, as may be necessary for completing the elections within the time. Not to prevent the closing the Poll with the general consent of the candidates, where an election is contested, previous to 4 o'clock, and where not contested,_ 2 hours after opening it The Recorder, &c., in case of obstruction or not may adjourn the poll to a future day, of which he shall then and there give notice, and proceed on the day of adjournment to complete the elec- tion within the hours before limited, and again adjourn if further ob- struction be offered, until concluded without obstruction. In every case quality of Vole of election, whether by the electors or Common Council, where two or moib candidates having each a larger number of votes than the others. Vacancy to be flUod up (jy new election Qualification of voters Eligt b ( 1 i t y as Mayor, &c. X3 taxes Qualification to be produced b e f o r e nomination And before taking oatha Disqualifications Elections opening and closing poll ; niljom-nmentin caso of riot 370 Common Conncil Ordinancos . Fires, dens Wells, FumpB, &c Kight Wotch 18, Streets (Bee now I-Ii^h ways, 25 V. B. 3, 5 &c. Dangerous, Trades Lighting Seamen Soldiers Foreigners Taverns Ketuilera Play houses, &c Crimp houses Hawk 6 r 8 and Fedlftrs Forestalling and rogaliog Drays, Carts, &o Places whore to ply Wherries Boats Connoes fishing and plying for hire Putrid, &c., pro Tisior^s Obstructions on Paizzas . Decayed huildinga Vacant lands nuisances Hogs and Goats Fireworks and Firearms Furious riding and driving. Break- ing horses KINGSTON COKPOBATION. each have the same number of votes for any office, it shall he determiued by lot which is to be considered duly elected, 18 V., c. 61, s. 14. The Mayor, Aldermen and Common Counoilmen, for the time, shall be called" The Common Conncil of the City and Parish of Kingston," who, or any 7 (of whom the Mayer and one Alderman, or 2 Aldermen, to be part) shall have power to make bye-laws, ordinances and regulations relative to Preventing and extinguishing Fires, for the appointment of Firewaiv dens, and raising, organizing and directing a sufSoient force or complement of men lor worflng Fire Engines, and compelling the service of competent men as oflicers of Engines, and as firemen, and enforcing their attendance on duty when called upon in the City and Parish. Making better, ordering, preserving, and keeping the public Wells, Fountains, Pumps, and Aqueducts (that at Eock Fojt except- ed.) Establishing a nightly watch. Laying out new Sti'eets, Squares and places, and extending the pre- sent Streets, and for amending, repairing, and keeping in good or- der all Streets, Lanes, Alleys, Squares, Places, and Highways, and relative to encroachments and impediments therein, and other olTences, evils and inconveniences. Dangerous, noisome or offensive trades in particular Streets and places. The Harbour, and Duties of the Harbour Master, and offences, evils, and inconvenieuces touching the Harbour, without prejudice to the Governor's right to appoint the Harbour-Master. Markets, but not to extend to regulating, or ascertaining the price of any commodity or article brought for sale, nor to affect the right of the office of Clerk of the Market. Lighting the City and Parish in the night. Eegulating Seamen, Soldiers, and Foreigners in respect to their being in the streets, or elsewhere than in their ships, quarters, residences, or lodgings in the night time and otherwise, as may appear expe- dient for preserving the peace. Taverns, Grog-Shops, Punch and Tippling Houses, and Retailers. Play-Houses and places of pubUc amusement. Crimp Houses and Crimps. Hawkers, Pedlars, and Higlers. Forestalling and regratiug. Drays, Draymen, Water Carts, Wains, Waggons, and other Carriages used in the transport and carriage of goods, grass, wood, or fruit, for sale, or employed for hire, their owners and workers. Places whereon, whence, and wherein, such owners, workers and carriages shall ply and carry, and be worked, and their licens- ing. Wherries and Boats, Wherrymen and Boatmen, in the Har- bour. Eegisteriug and Licensing of Fishing and other Canoes plying in the Harbour. Putrid and damaged or decayed provisions and commodities. The places where goods shall be exposed for sale. (p^ Obstructions on piazzas and thoroughfares by goods there impro- perly exposed^ Decayed buildings, huts, vacant lots of land. Nuisances in the City and Parish or Harbour', and their abate- ment. Hogs and Goats at large. Firing of squibs, rockets, iireworks, guns, pistols, or fire-arms, Eiding or driving horses or cattle furiously or negligently, and break- ing norsee. KINaSTON CORyORATION. Sfl Condnoting and driviug horned and other cattle and stock in, into or Driytag stock throngii the City and parish. Flying Kites. ' Kilos Warning meetmge of Common Conuoil, times and places of meeting, wnming, so , absence, leaving -without cause, and generally for ordering and S^™™ obimcu regulating the business of the Corporation, and members and offl- °°" cers, and enforcing their attendance. Any other matters which may concern the good government and police oooa GoToinmcsm of the City and Parish. Such by-laws and ordinances not to be repugnant to the prerogative or uot to Bo roprig the laws in force : and the Common Council or any 7, of whom the Mayor n.""' '" '"w, Penal- and one Alderman or 2 Aldermen to he part, may appoint in such ordi- nances reasonable penalties for non-observance, non-performance, or breach, not exceeding, if a fine, £60, or if imprisonment, 3 calendar months with or without hard labor.- Not necessary to aflix the Corporation Seal to any ordinance. 18 V., c. 61, s. 15. The Hai-bour of Kingston shall include all the -water between the shores Hai-boui- of Mng- iu Kingston and Port Eoyal to the Eastward of Kingston and the shores in eton Kingston, St. Andrew, and St. Catherine, to the Westwai-d of Kingston, an^ the Palisades or shores in Port Eoyal, and extending from the Head of the Harbou]' to Passage Port, in St. Catherine, and to Gallows Point in Port Eoyal, and from the latter to the Southernmost point of the Twelve Apostles Battery, 18 V.,c. 61, s. 16. Offenders against the ordinances shall be tried before 9 Justices, and Trial of offencos on conviction the adjudication shall be enforced, in case of a fine (unless Pumshmonts forth-with paid) to be le-ried by distress and sale by warrant under the hand and seal of one or more of the convicting Justices, and when levied or paid, paid over to the Treasurer or BanKers of the city and parish to the use of the Corporation, the overplus to the party, the charges being deducted, such charges to be fixed by the Common Council. The warrant shall contain a direction that in case a sufficient distress cannot be found, the offender be taken by the body and stand committed for a time to be men- tioned, not exceeding 3 calendar months without bail or mainprize, and with or without hard labour , unless the fine and charges are sooner paid; and in case of adjudication of imprisonment, the offender shall be committed by warrant of one or more convicting Justices for the time to be adjudged to the Common Gtaol, House of Correction or Penitentiary, with or without hard Appeal labor. Persons convicted may appeal, 18 V., c. 61, e. 17. The Common Council on the 1st Monday in January, in each year, shall Eisoiion of offl elect by plurality of votes a Recorder to assist in preparing ordinances and '^^i^^im advise the Common Council in all matters of law, a Solicitor, 2 Cliarch- solicitor wardens, and in case of a vacancy, (see Vestry 16 V., c. 43,) Clerk of the L°J'"'„fg'"?l?°' Common Council, (who shall be appointed out of inhabitants householders of council the city and parish), so manv Constables as the Common Comioil deem comtaiios necessary, a Sexton, Beadles, 'Organists of the several Churches and Chapels |»^'£^, and such other Officers as they deem necessary, (all to be appointed out of Organists the inhabitants of the city and parish) and may fill up vacancies as they oc- ^nd "^"'^^ ,„ ^^^ cnr No ofiicer shall act as a Justice while he holds office, under pain of dis as justices missal. Not to affect the i-ight of the Gustos to appoint a Clerk of the Peace, cierk of the Peace The Common Council may for good cause remove officers and appoint cers others for the remainder of then- term of office, and may give leave of ab- Leave of absence sence for a reasonable time, the party providing to their satisfation a suffi- cient deputy to perfoi-m the duties during Ills mtended absence, 18 V., c. 61, a. 18. • The Common Council shall ha-ve the superintendance, regulation, direc- Woolmor's Free tion, administration and management of Wolmers Free School, the Poor I'^l'J^^-^^^Hi House and Parochial Hospital, and tne business and affairs of those In- stitutions, and the nomination and appointment of all officers teachers,, and servants, 18 V., c. 61, s. 19. The Common Council may establish and put into execution^regulations ofUccrs security I provisions concerning security to be entered into by S-" -" '— luc execution of their offices, and discharge of the true and appoint and alter their remuneration, 18 V., c. 61, s. giyg KINUSTON COBPOBA'fWN. Oatlu of Mayoi", Every person elected Mayor, Aldermen or Common Councllm6n> be- *° fore sittingorvotingin the Common Council, shall take and subscribe tie oaths iiDooraei-, Gimrch- of allegiance, supremacy and abjuration, to be administered by the Recorder warden, 'coroner, or in nis absence by a Justice. Persons appointed Kecorder, Church- ''°Eom2n c'athSiiM '^'arden or Coroner or Collector of Taxes, shall take and subscribe an oath jewa ' for the faithful discharge and exeouliou', of their office before, a Justice. — See oaths, !6 V.. Eoman Cath&lics or Jews need not take, or subscribe any other oaths, than "' Koman OatlioiicB, the'oath of allegiance or Buch as may be established bylaw, 18 V., c, 61,s.22. 10 G. 4 C 12 Sjmioi Alderman, In case of absence, sickness, or death of the Mayor, the first or senior Ma»or's'aoatii'°ao' Alderman or any other atcordiijg to Seniority, may execute the duties and ' trusts belonging to the office, 18 v., c. 61, s. 23. ■ ., ! Penalty for not If any person elected Mayor Alderman or Common Councilman; and eiSn having notice from the Clerk of the Common Council, for 10 days, refuses, neglects or delays to take upon himself and execute the office, the Common Council may assess or levy a fine npofl him as to the office of Mayor, not exceeding ilOO, Alderman or Common Councilman not exceedtog' JE50, and another election shall take place without further notice to the fiferson so . refusing or neglecting. Any person so fined, shall not be again no'miiiKtiSd or elected at the election consequent upon bis refusal, &c. The |inp,.if no^ paid, shall be levied by distress and sale by warrant under tlie lliaud of t^e' Mayor or any Alderman, and paid to the Treasurer or Bankers for the use of the Corporation, and any overplus rendered, on demand,'to the party, de- ducting charges, 18 V., c. 61, s. ~M. ca?o 'of 'a'athr ab- Ii casethe Mayor, dies, goes off the island, changes or alters his per- Beiice, or change of maueut residence beyond 4 miles ffom the parish Church within the time 4'm?i™°ofMa™r* for which he has been elected, he shall be ineligible j;o be nomiiiate4 and," elected, and the rjualified male inhabitants shall assemble at such places ^ and time as the first or senior Alderman iipou the roll, or in his de- fault, any other Alderman according to seniority', shall appoint, .and, by plurality of votes, elect out of the Aldermen, or personli yv^io have, been ■ Aldermen duly qualified, anothei-May or for the, remainder of the term of office, 18 v., c. 61, S.25. ' " Alderman or Com- Similar provision in case of the death, &c'., of an Alderman or Common mm couneiiman Councilman. The Common Council may grant leave of absence to aOy Leave absence memijei. for not exceeding 3 calepdar months, and his beat shall not be vacated,' ■ - *' but not more than 2 members of the Corporation shall be absent on leave at the same time, 18 V., c. 61, s. 26. Similar provision for the ne w , election of Recorder, Sohcitor, Church- wardens, or Clerk of the Common Conncil in case of death, going olf the island without leave of the' Common Council, or chang.e of peiTn^nent resi- ', ^: dence beyond 4 miles from the Church , from out of the. inhabitants, house- • • holders, or in case of any other officer from out of the inhabitants of the ■ city and parish, 18 V., c. 61, s. 27. Summoning meet- The Common Conncil shall be summoned and held so often and at ings such public places within the city as the Mayor appoints, and if, upon flie requisition of 5 members, the Mayor, &c. refuses or neglects to call a meeting,- any two Aldermen may summon a meeting at such place an^ time as to tondanoo°&o"°'' "' "i^™ seem expedient. The Common CouDjijil or any 7 may fine any ofB- ' cer or member who, after notice, fails to appear or attend without reason- able cause to be allowed by them, or who is guilty of rude and contuma- cious behaviour, whereby the business of any meeting is obstructed or pre-, vented, or leaves the Court previous to an adjourmnont without leave of th6 Chairman, so as no fine for any one default exceed £5, the fine to be levied by distress and sale, &c., as dii-eoted, s. 24, 18 V., c. 61 s. 28, Open and unoc- When owiiers or persons in possession and entitled to any open and tiooto onSoso' "° unoccupied lots of laud are known, the Common Council may cause notice, to be served upon them, to enclose, or cause them to be enclosed, ' and if they neglect or refuse to enclose them within 60 days after service, and they remain open, immediatel,y after the expiration of the 60 days, tie of- fender shall," upon conviction, 'before 2 Justices, forfeit not exceeding £2, and in case of refusal or non-payment of any such sum, within such period as the Justices direct, they or any other 2 Justices may issue their wai'i-ant to levy the same and costs and charges by distress and sale, rendering the overplus to the offender, 18 "V., c. 61, s. 29. 873 Balo ani) oonvoy- anco NotlooB, lii- veBtmont of p u r- chaso money KIKOBTOi;, JEO. WATBIt OOMPAMT. TI16 Common Council, if the o'wner, &o., after the expiration of the notice, haB neglected, or refused to encloae, or in the event of his being un- kno'vvn, may cause all such open und unoccupied lots or epaces of land to be enclosed, as they think fit, and enteriuto poBsession, and after notice five n as directed, cause them or any of them to be sold at public outcry, or y private contract for. the mo^t minoy that can b,e had, and invest the JioSBjf as aifter provided, and enter into, sign, seal, and deliver all ne- cessary cbrivej'ances to purchasers, Avhioh shall be conclusive upon all per- sons. Notice of intention to enclose and sell shall be given to the owner or person in possession or 'entitled, if known, at least 3 calendar months before pitting up or offering them for sale ; if not known, notice shall be given in any two of the daily newspapers, for at least 3 calendar months previously, and after that period such sales or contracts for sale shall be conclusive against all persons, and the Common Council may receive from purchasers the sums for which they are sold, which after deductiugthe coats and expenses attending the enclosing and sale, shall be paid to the Re- ceiver General to answer the claims of persons entitled to receive the same 18 v., c. 61. s, 30. ' 'So Action ^hall be commenced for any thing under this or any other Act concerning the order and Police of the City and Parish, or the Or- dinances, after ^ suflicient satisfaction or tender, or until 30 days notice in writing to the person against whom it is intended to be brought, or after 6 lUonths next after the thing done. The defendant may plead tlie feneral issue, and give the special matter in evidence, and that it was one under'snch Acts or Ordinances ; and if so, .or if the Action has been commenced after the time, or in any other manner than directed, the Jury shall find for the defendant; and 'upon a verdict, or if the plaintiff , ~' is nonsuited, or discontinues after appearance, or if upon demurrer judg- ^ nient is given against him, the defendant shall recover full costs, to be taxed, and have the like remedy as defendants in other cases, 18 V., c. 61, s.^31. In casa, of an Action of Replevin for any distress taken in pursu- incase of rsplevin ance of this or any other Act or Ordiuauce as above, the defendant may plead the general issue, and give special matter in evidence, and that it was taken under such Acts or Ordinances ; and if so, the Jury shall find fer the defendant, &c., as in s. 31, 18 V., c. 61, s. 32. The Common Council may, from time to time, include in the Ways, ExpensM under and Means of the City and Parish, all expenses mom-red in carrying out aed In way.'°?n4 this Act, 18 v., C. 61, S. 33. meon. Froteotiou In case of actiona Capitol Supply . King'ston Gas Company. Power given to William George Aetwood, Esquire, to form a Com- Power to est«bli»h pany for the purpose of manufacturing and supplyinij Gas for lighting tbe Streets and Public and Private Buildings of tne City of Kingston, with exclusive privileges for 21 years, (s. 43), the Company to have a Capital of 'tat least, £20,000, of which at least, £10,000, one-half, shall be subscribed for before ariyof their powers are put in force, (s. 3), the wprks to be com- menced on or before 1st March, 1866, and ready for use m the' portion of the City eircumscrbed by, and including North Street in the North ; West Street in the.West ; Little Port-Royal Street, Port-Royal Street and Har- bour Street in the South , and Wildman Street and High Holborn Street in the East, on or before 1st March, 1869, (3. 11.) If from any cause the Com- pany fail to deliver a full and sufficient supply of Gas for the space of 6 jnpnths continually, their powers shall cease, (s. 12), the maximum rate for Kotes, &o every 1000 cubic feet of Gas supplied, and meter-rent to be fixed and al- lowed by the Governor or by Arbitration on the completion of the undertak ing, (s. 57), and subject to amendment at any time after the first 3 years, (s. 58), and with power to the Legislature after 21 years, from 1st January, "1866, to revise the rates and charges, so as to reduce the net profits to not less than 15 per cent, per annum, (s. 59), 28 V., c. 40. Eingrston and Ligrnaaea Water Works' Company. Company Incorporated for supplying the City of Kingston and locorporailon Lignanea with Water from Hope River, as the " Kingston and Liguanea Watm- Works' Company,' ' ^. v., c. 36. 374 KINGSTON, &C. WATBE COMPANY. Exdusivo prtvi- Tbe Company shall have the exclnsive right and privilege of supplying "^" the City of Kingston -with Water for 21 years, from 31st Beoember, 1858' and of laying, making, enlarging, altering, completing and maintaining all Waterworks aqnediiots, Reservoirs, Gratters, Pipes and other necessary Works, 22 V., c.^6,b. 19. Powers f of Up- For distributing the Water to the different inhabitants, the 'Company, trit?'?'^ ""'te '■ &'" '''^^"' ■^-g^uts. Officers, workmcin and servants may maintain their present u ingwa 1, c ^Qj.)jg^ ^nij jfig g^jj^ break up the soil and pavements, brickways of anyroad, street or lane, highway, toot paths, commons, allejs, passages and pnhlic places within and near to the City and Parish of Kingston and St. Andrew, and smk and lay Pipes, Tanks and other conveniences, put stop-oock| ;or plugs or branches fi'om pipe to pipe in such places through yards, or brick or stonewalls, and alter the position of, and repair, relay aud maintain such pipes, tanks, stop-cocks and plugs, and do all acts they think necessary aud convenient for completing, repaiiing and using the Works, aud may uphold their present, and also make nouses and other works, and all sach cisterns,! f>onds, basins, main-pipes, band-pipes, stand-pipes, sei'vice-pipes, branches of ead and other metal pipes, cocks, chambercocks in common valves, fire- plngs, air-plugs, iire-cocks, main feeders, janapers aud pumps as the Com- pany think rec[uisite' and divert, alter, repair, wideii, enlarge, amend and discontinue the same, doing as little damage as mfly be in the execution of the powers granted and making full satisfaction for any damages occasioned to the party injured, 22 V., c. i36, s. 38. Agroament f o^r Such of the inhabitants of the City of Kingston and district of Liguanea en?orMn»nt,''iitop' ^nd Others as are desirous of having Water from the Water Works laid into page their yards and preipises, shall a^pfy to the Company or Directors and agree with them for the q[nantity of Water to be delivered to the applicant daily and the weekly rate or pri'ce to be paid for such water (not exceeding ^. per week for each 100 gallons, s- 33), and sign or attach his name to a book called the Order Book, and therein agree as to the rate according to the quantity the Company agrees to supply during a prescribed period, at which the Water may he laid on the district in which the iionse or pre- mises are ; such persons paying quarterly, monthly or weekly as agreed on. If any rate or sum is in arrear, the Com'pany may charge the rate payer or occupier with the original price of the Pipe and Cock, aud the expenses of laying down the same ; and the rate in arrear with the original cost of the Pipe aud Cock, and the expense of laying the same down, shall be ' recovered by the Company by distress and sale of the goods of such rate payer, or of any person found on the premises, and in case the goods are fraudulently removed, the Company may, by their bailifT or other officer, follow them as goods fraudulently removed to avoid payment, of rent ; and all the powers and remedies are given to the Company to levy for rates on the premises supplied with Water, as landlords possess for recovery of rents by law ; aud the Directors may cause the Pipes leading to the defaulter's premises to be separated from the Main Pipe or AcLueduct, and cause the Water to cease from running thereto. If any person lay or cause any leadeu or other pipe or gutter to communicale with any such Aqueduct or Main Pipe of the Company without their con- sent, he shall forfeit and pay to the Company, not exceeding 20s for every day such Pipe so remains or has been used, SH V., c. 36, s. 39. Entry to inspect The Manager, Engineer or BaiLiif, or other person acting under nreinises ^Buppiied jf^g authority of the (Company or Directors, may at all reasonable ' s rue ion times in the day, enter into any yard, house, &c. supplied with water or wherein tbe Company's Pipe is laid, to inspect aud examine if there be any waste, undue diversion, or improper appropriation of the Water, or if re- fused admittance or entrance for such inspection or examination, or on being admitted obstructed in, or prevented from making it, the Company may cut and turn off, and cause the Water from such house, &c., and if it ; has been already out off, but the Pipes still remain, any Magistrates may di-." rect in writing a Policeman to accompany such officer, and ensure a peacable and quiet inspection, >i2 V., c. 36, s. 40. Ground broken to When any ground is broken up or opened in any Street, Lane, or Road, bo rosto ' og " ° * by the Company, or any person employed by them for laying, taking up, or compnny repairing any Aqueduct, Main Pipe or Communicating Pipe, they shall fill in, or cause, such giouud, and remove any rubbish occasioned by the opening or breaking up the same, as soon as conveniently may be, aud in the meantime cause such ground to be fenced or guarded so as not to be KINGSTON, &0. WATER COMPANY. 375 dangerous to passeugera and cattle ; and if there be any wilful or negligent delay in the Company or their Agents, the parties offending shall forfeit not exceeding £5,22 V., c. 36, s, 4J When it is found necessary to lay down pipes in, upon, or under any Hpm to bo laia part of any public or turnpike road, they shall be laid down on the sides of Emit'' pipes to" b°o the road only ; and, if laid down otherwise, or in case any pipe happen to romovoa, tea burst or break, or cause the water to injure any road, the commissioners or proper officers of the road shall give notice to the company, or their agents, See Highwnys, to take up or remove, or repair the same ; and, if they neglect or refuse, for s' '"'•■ "■ '*• '• ^^ tbe space of 48 hours after notice, to commence to repair or remove the same, the company shall forfeit and pay to the Churchwardens of the parish in which the pipe has burst or broken aud caused such injm'y to the road, £5 ; to be recovered from tbe manager, clerk or agent to the company as after stated, 22 v., c. 36, 6. 42. Bathing in any dam, reservoir, aqueduot, water-way, feeder or pond, f„S"""'' °' ™'" the property of the company ; washing any dog or other animal therein . ' f ^s'^'^"" throwing or casting any dog, cat, or other auimal, or any filth, dirt or other noisome or offensive thing ; washing or cleansing any clothes, cloths, wool or leather, skins of sheep or lambs, or hogs, or goats, or other animal, or any noisome or offensive thing in any such dam &c. or causing or suffering the water or draiuings of any sink', gutter, sewer or drain to run or be conveyed there- into, or causing any other annoyance to be done to the water therein, whereby the water may be soiled fouled, or corrupted : Penalty, not ex- ceeding £50, 22 v., c. 36, s. 43. Any person taking or usii:,; or causing or permitting, or suffering, &c. Taking or iiermit- any water from any reservoir, aqi..: Inct or pi^e, or any water which has flowed '^f to''Bo°"fs'er person, supplied by them under any contract or agreement, giving, letting, selling, or in any way disposing of, on any pretext to any other person any sncli water or any pajt thereof, or any person wilfully letting off or causing to run to waste any water from any such aqueduct or pipe shall forfeit to the company, not exceeding £10, and the company may take or cut off the water supplied from the Iiouse,&c. of the persons offending ; but not to subject any person supplied with water to any forfeiture or penalty for suffering [supplying] any person with any c[uantity of water in case of fire, or during any time the pipe or cocks belonging to any person supplied by the company are out of repair. Such pipe or cocks to be repaired as soon as may be after any damage nappens thereto, 22 V., c. 36, s. 44. All fines, penalties and forfeitures, imposed by this act, or by any iTile, Hecovery, &o. order or bye law in pursuance thereof, the manner of levying and recovering of Penaitiei whereof is not particulai'ly directed, shall, in cases of uon-payment, on con- viction, be levied by distress and sale of the goods of the offender, by war- rant under the hand and seal of any justice of the parish wherein the of- fence is committed or the offender is or resides, which warrant the Justice shall issue, upon the confession of the party or evidence of any credible witness, on oath. All fines, &c. the application whereof is not particu- larly directed, shall be paid to the treasurer or directors, and the overplus after deducting the fines, &c., aud the expense of distress and sale, shall be rendered to the owner ; and, if not forthwith paid, such Justice may, by' warrant under his hand and seal, commit the offender to the Common Gaol, or General Penitentiary, for not exceeding 4 calendar months, unless the fine, &c.. and all reasonable charges attending the recovery, be sooner paid, 22 v., c. 36, B. 45. FORM OF CONVICTION, ConTiotion For any Offknce against this Act, on against any Bye-Laws, KuLEs, Okdeks, or Kegulations of the Company. Be it remembered, that on this day of in the year of the reign of A. B. is con- victed before me one of Her Majesty's Jus- tices of the Peace for the Parish of , having, (as the offence shall be). And I (or we, the said do adjudge him (her or them) to forfeit and pay for the same the sum of Given under (our or) my hsnd and seal the day and year aforesaid, 22 v., c. 36. s. 46. 376 Irregular distress Protection actions Limitation of ac- tion. General issue, Costs Notice to be serv od on Chairman Actions by o n against Chairman Removal of com- pany's property Beslstanco Evidence of bye- laws Water rates and debts recoverable under Petty Debt Act if not exceeding ^10 KINGSTON, &C. WATEB C'OMPAilY. ■ Where any distress is made for any sam to be,^ levied by virtue of ' this Act, it shfill not be deented unlawful, nor the'. pi»i'ty making it a trespasBer, on account of any defect or want of form in the' information, summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the party distraining be deemed a trespasSS'r, ab initio, on account of any irregularity afterwards done by him ; but the party aggrieved shall recover full satisfaction for the special damage, in an ac- tion on the case, 22 V., c. 36, b. 47. No plaintiff shall j-ecover in any action for anything donp, or omitted to be done under this Act/unless notice in writing has been given to the deffendant, or left at his last or usual place of abode, 21 days before action commenced, of such intended action, signed by the Attorney of the plaintiff, specifying the cause of action, nor shall the plaintiff recover _ if tender of suflioient amends have .been made to him of his Attorney, by " oronbehalf of the defendant before action brought, and if none has been made, the defendant mav, by leave of the Court, before issue is joined, pay into Court', such sum as he thinks fit, whereupon such proceedings, order, and judgment shall be had, made, and given by the Court, as in other actions where the defendant is allowed to pay money into Court, 22 V., c, 36, s. 48. , ■ Every such action shall be brought or commenced within 6 calendaft, months next, after the fact committed, or in case there be a continuation of damages, then within 6 calendar months next after it has ceased, and not afterwards, and be laid and brought in the parish where the matter in dispute or cause of action arises, and not elsewhere, and th6 defendant shsfil plead the general issue, and give this Act, and the special matter iij, evidence, and if the act appear to have been done or omitted to be done by virtue, or under color of this Act, or the action is brought before the expira- tion of 21 days next after notice, or after sufficient satisfaction made or tendered, or after the time limited, or is brought in any other parish, the ,. Jury shall find for the defendant ; or if the plaintiff becomes non-suit or discontinue after the defendant has appeared, or if a verdict pass against.him or upon demurrer, «or otherwise Judgment is given against nim, the defend- and shall have double costs, and the same remedy as for costs in other oases, 22 V., c. 36, s. 49. Where the Company or Directors are mentioned, either to sue or be^ sued, it shall be sufficient to send otft any action or institute any proceeding in the name of the Chairman of Directors for the time being, and sufficient to serve such Chairman alone with the, necessary notices in all actions sent out or suits instituted against the Company, 2S v., c. 36, s. 50. Where pipes are laid into any house, &o., and the parties or owners in possession nave discontinued taking or paying for the use of the water, or have forfeited their right, the agents of the Company under a written authority from the Chairman,- may enter and take up, and remo've any pipe, or other property belonging to the Company, and on any resistance being made to such agent, the parties shall forfeit three times the value of the pipes, and the expenses of laying them , to be recovered as before pro- vided, 22 v., c. 36, s. 51. *In prosecutions for offences against the Bye-laws of the Company, the, production of a written or printed paper, purporting to be such, and au- thenticated by having the Common Seal of the Company affixed, shall be evidence of their existence, and it shall be sufficient to prove that they have been made public, by the exhibition of a written or printed copy, in a .conspicuous place at the office of the Company, 22 V., c. 36, s. 60; Where the amount of rates in arrear, together with the authorized costs charges and expenses do not exceed £10, whether- the Company are or are not able to find goods whereon to levy, they may, at the option of the Company, be sued for and recovered, with all costs and charges against the party in arrear, and charged with such charges, costs and expenses, by and in the name of the Chairman, in like manner as proceedings may now be had for the recovery of debts not exceeding £10, and all other sums *due and to be due to the Company, on any account, whether on bond, bills, or open account or otherwise, not exceeding £10, and whether an original sum or a balance, shall be recoverable and enforcea- ble as debts, imderthe Petty Debt Act, but in every such process the plain- tiff sliall be described as Chairman of the Directors of the Company, 22 v., 0. 36, s. 61. KINGf.STON POLIL'K MAOISTKATE. 377 If from ^ly cause the Company fail to deliver to the city of Kiugston r,iiiure to Joiivor a full and autfioient supply of water for G mouths continually, all the powers watorfor e montiis, and piivilegea granted to tliem shall cease, '2-2 V., c. 3G, §. 62. ♦■ ""' ' "' After 21 years next following let January, 1859, if the net rate of profits Logisiniivo rigiit of the Company, beyond the costs and expenses incurred bona iide in carry- "> purchase ing on and managing the t'ompany, are then at least equal to 15 per oeiit per annum on their capital outlay, the Legislature may, at any time thereafter, j)rtr<)ha9e the right of water and water-works, and their lands, hereditaments and :ippertenettces, at the price or rate of not less than 25 years of such net aunuiil proiits, calculated upoij the average of the 3 years preceding such purchase, 22 v., c. 36, s. 63. •"" The Legislature may, from time to time as expedient, afler the expiration Kcvision of vales of the 21 years, in case the profits for 3 years prior thereto have exceeded 15 per cent ou the capital outlay, revise the ruIoB and charges for the supply of such water, in such manner as in their judgment shall Be calculated to re duce the net profits to not less than 15 per cent per annum, '22 V., c. 36, s. 65 Nothing in the Act shall prevent the Legislatm'e from making or i.ogi«iii.tivo inter anihoriziugsuch further firrangements as they may consider expedient for compnV'" "fSiure the supply of the city of Kingston, or any part with water, in case the Company tail for a period of 6 mouths continuously to supply the city with such quantity of good aud wholesome water as shall appear to the Legisla- ture to be sufficient, or if the Company shall not at all times furnish its sup- ply at such rate as the Legislature deem reasonable, 22 Vi, c. 36, s. 67. Their accounts, and disbursements and profits shall be kept in regular Accounts books, aud a summary published once a year hi the " Gazettee," orsuchnews- y^°^" advei-iizea , papers as the Directors direct. In case of dispute as to the actual amount Aicertaiumcnt of of profits in any given year, the matter may be referred to the arbitration ^™]"' '■>' "''Mtra of two pereons to be elected, one by the tilovernor, and tlic other by th? Company or Directors, with power to the arbitrators, in case they disagree, to appoint any umpire, whose award shall be final, 22 V., c. 36, s. 68. The reservoirs and other works, and the Company in respect thereof, tub Compaoy ex- shall not be rated, charged or assessed for the payment of any public or pa- ^"'P'l'^ ^o™ '"xes rochial taxes, 22 V., o. 36, s. 64. Exclusive privi- leges coQllned to the city of Kingston Throwing any ballast, gravel, etonej mud, broken bottles, the dead Throwing baiiast carcase of an animal, blood, putiid meat, filth, night soil or rubbish into &o, into the works, any part of the water-works, reservoirs, aqueducts, trenches, waters, water Ss!"in'Ju'ry^°°to courses or feeders, or into tie Hope River, or iuto any stream or rivulet worits, &o feeding tlie Hope Eiver, or into any dam, gutter or pipe for conveying water from the Hope Eiver, used or to be used by the Company for the pm-pose of this Act, or knowingly, willingly or maliciously breaking, throwing down or injnriugany of the iron pipes, lead pipes, plugs, fire cocks or any other works erected, made or maintained for the purposes of the Company, or by virtue of this Act, or injuring any part thereof, or wastuag orletting off auy. water therefrom: felony; imprisonment, with hard labor, in the General Penitentiary, for not exceeding 3 years, or, in mitigation, the Court may award such sentence as the law directs in oases of injury to property, 22 V., c. 36, s. 69. Kingston Police Mag-istrate. The Governor shall appoint from among the Barristers of not less than Appointment 3 years standing, or Attorneys-al-Law of not less than 5 years standing in this Island, a Police Magistrate for the City and Parish of Kingston, who shall, before entering npon his duties, take the oaths prescribed for Justices of the Peace, and shall thereupon have magisterial jurisdiction within the City and Parish, and enjoy all the immunities and protection, aud be subject to the penalties of other Justices ; and upon a vac;mcy oceuring by death, Y^^^^cy resignation, forfeiture of oJfice or suspension, the Governor may appoint another qualified person, 21 V,, c. 27, s. 1. He shall not unless with the sanction of the Governor, reside at a Eesiaonoo greater distance than 3 miles from Kingston, nor absent himself from his AX^'nco Court longer than 2 days at anyone time, except dunng illness, or oil leave of the Governor ; and phall appoint, a Deputy qualified as aforesaid, to be Z Z The Act shall not confer any exclusive riglit or privilege in any other place than the city of Kingston audits limits, 22 V., c. 35, s. 66 . 378 Daily sitting Quarterly Teturng Salary Btampa Under Petty Delt Act On other proceed- Inga KINGSTON BLIP DOCK. approved of by the Grovemoi-, to act during his absence on leaA'e, 21 V., C.27, s,2. , He shall sit daily at the Coiu't House in the City, or other place as- signed by the Gustos, or, in his absence, the Senior Magistrate, 21 V., c. 27, 8. 3. He shall make a Eetum to the Governor, quarterly, within 21, days af- ter 31st Marchj 30th June, 30th September and 31st December^ of all cases tried befoi'e him, and convictions thereunder, and how adjudicated, distin- guishing the character of each offence, and the sex and age of each of- fender, 21 V., c.' 27, s. 4. He shall be paid under the Governor's Warrant a salary of £500, in lieu of all fees, by (Juarterly payments, 21 V., c. 27, s. 5. The proceedings mentioned in the Schedule issued for adjudication in Kingston, shall be impressed with the Stamps thei'ein mentioned, over and above any others which may requu'e to be impressed, 21 V., c. 27, s. 6. In force until 31 December, 1868, 21 V„ o. 27. s. 8. Stamps os Process. s. D. On every original Summons 6 Each Subpoena or Summons to witness, to contain the names - ofnot more than 3 witnesses - 6 Every Distress Warrant 1 Every Bond for Security of Damages wh ere ti me is granted 1 Every information or cpmplaint, not being, an information by a Police Officer, and for a public offence 6 Every recognizance to appear and answer, for each pai;ty re- cognized 1 6 Every recognizance to keeptlie peace, or be of good beha- viour, for each party recognized 2 Each Subpoena or Summons to a witness, to contain names of not more thau.3 witnesses 6 Commissioners 3 a quorum To appropri ate lands a^id buildinss King-ston Slip Dock. The Governor, with the Executive Committee, and 5 Commissioners to be appointed by him, any 3 of whom, exclusive of the Governor, at any meeting summoned by him, may be a quorum, are empowered : 1 . To appropriate such portion of the lands of the Lunatic Asylum in King- ston as are snificient for a Slip Dock, Buildings and Workshops, or if deemed advisable, to purchase as much land as may be requisite, and to wall in and enclose the lands. And oroot a Slip 2. To cause to be erected on the lands a Slip Dock and Machinery -for ^"fH' .. Mnoi'inory hauling up and receiving Steam and other Vessels of at least 3000 tons registered tonnage, in a safe and proper manner, of such plan, construction and materials, and with such buildings and conve- niences as shall be fitting for the accommodation of tradesmen and others engaged in the examination and repairs of any vessel placed on theShp, and for the safe custody of all stores and materials be- longing to such vessels, and required for their repair. Advertise for ten- 3. To invite, by advertisements in two London newspapers, 2 newspapers ders and the " Gazette" in this Island, and 2newspapers in New York, ten ders for the construction of the Slip Dock and buildingp, accord- ing to detailed and complete working specifications and plans, to be carefully prepared and submitted for inspection, and subject to the supervision of any Engineer to be employed as after provided, and sot exceed ii>gr accept the most eligible tender or tenders, not exceeding £35,000 in £"^000 the whole, inclusive of the prices of convict labour, and all materials that can be supplied from liock Port lands, and by the General Peni- tentiary, at rates and prices to be fixed by the contractor and Inspec- tor of Prisons, or in. case of disagreement by a third person to be ap- pointed by them, or if, after 7 days' notice, either refuse or neglect to join in any such appoinitaient, then to be appointed by the other, and the third person's decision to be final. KINGSTON SLIP DOCK. 379 4. To contract with, and take security from the persons whose tender ia Coniinotiinatako accepted for the whole or any part of the works, by joint and several '" ^ bond from the contractor, with 2 or more approved suretfes, in a sum to be fixed by the Governor, Executive Committee and Commission: ers for securing the Completion of the works or 'parts contracted for, subject to supervision as provided for, and reqniie new or additional ^ security as they deem proper. 5. To procure in duplicate from Bell and Miller, Engineers, Glasgow, care- Prorare plans &o. fully prepared, detailed and complete working specifications and plans persons dosirhig to of the works to be performed, and cause them to be submited to the contract persons desirous of tendering, and pay therefor not exceeding ''°"* 7. To authorize the employment of any number of convicts in the Penitentiary Conviotlabor and in the erection of the buildings or works, the qtuarrying, taking away Book Port and'thJ and using stones from the public laads at Kock Fort, and applying- Ponitontiary dressed stones, bricks and lime from the Penitentiary for the perfoi-m- ance of the works, a correct account of the quaniity and value of the ia- Acoount to bo bor and materials to bekeptbythe Inspector of Prisons, and paid by ''°P' or charged against the respective contractors at the rates and prices to be fixed, 28 V., c. 39, s. 1. Upon the completion of the Slip Dock and buildings, the Governor, d^^°''4;„ °' ^'''' Executive Committee and Commissioners may advertize the same to be ' ' leased for not exceeding 7 years, and accept the most advantageous oifer, but with a covenant that the Lessee shall keep the Slip T ock, machinery, and buildings in repair, and security to be approved of by tlie Governor, ■with the advice aforesaid, for the rent of the Shp Dock, and keeping and ^""""y delivering up the same in good order at the end of the term, 28 v., c. 39, s. 3. If there is no offer to lease, or none it would be advisable to accept. Arrange m o n t » the Governor, &o., or any 5 (the Governor to be one) may make arrange- for working on pub- ments for working the Slip Dock, and may employ the necessary officers "° ""="'"" and servants at reasonable salaries and wages, until other provision or di- rection is made on the meeting of the Legislature next after its comple- tion, 28 v., c. 39, s. 4. The Receiver General shall — Hecoiver General 1. Keep two accounts, one, " the Slip Dock Debenture Account," (as j. The sup Dock to which see Loans Kingston Slip Dock), also, "the Slip Dock Ac- 'Debenture. Ac- count," in which he shalT credit all moneys received for rent, or the ^ ".J™' g„„ docb use and occupation or working of the Slip and buildings, and debit Account all moneys paid for their construction and erection, and the purchase of lauds, if uecessary, and otherwise, 28 V., c. 39, s. 5. The Executive Committee shall lay before the Assembly annually. Accounts to be within 20 days after the assembling of the Legislature, an account in de- annually laid be- tail, made up to the end of the financial year, shewing all moneys received *"'° ""^ '"gi''"'"" and paid by the Eeceiver-General on account of the Slip Dock, and a state- ment in detail of the progress of the works to the first day of the Ses- sion, 28 v., c. 39, B. 8. The Governor may direct, if the Slip Dock is not leased, and shall h. m's Vessels to make it a condition in every lease, that H. M.'s ships of war shall at all have preference in times have the preference in the use of the Slip Dock, on H. M.'s govern- "" ment contributing such proportion of the cost of erection, including lands aiid buildings, as the Governor and Executive Committee shall agi-ee upon, with the Lords Commissioners of the Admiralty, 28 V, c. 39, s. 9. The Governor and Executive Committee may enter into engagements contract wuli with the Lords Commissioners of the Admiralty for entering into, carry- the Admiralty ing out, and obtaining the satisfactory completion of contracts for the con- struction of the Slip Dock, works and buildings, and for regulatiag the use and providing for the proper supervision and maintenance of the Slip Dock works and buildings. The amount for which the Island shall be liable in i, i a fa d liabiiuj' the whole shall not exceed £40,000, to be raised under this Act. Copies limited to jE4o,ooo of ail engagements with the Lords Commissioners of the Admiralty shall be laid before the Council and Assembly as early as possible, 28 V.j c. 39, B, 10. 380 KINflSTON TIIOROXJOnPARES. Prooeoa i n g « to iji case of neglect or refusal, or incapacity, or impediment on the pavt ooiiuiM innas, &c. of any person interested in any land neceiseaiy to be purchased, to. treat or a^iee for the sale thereof, or of any right uf easement, the Goyeriior and Executive Committee may take the like proceedings for acquiring such . land, or right, or casement, as under the Prisons' Consolidation Act, 20 V. c. 11, p. 6-9 ; the Governor, with the advice of the Executive Committee being taken as the authorities or functionaries to pi'oceed, instead of the ' Executive Oommitiee, 28 V., «. 39, s. M. It a qiiostion of If any question arise as to title to any land or easement taken, the m'o n°o° ° may 'be Gtf'''^™°'' ^"d Executive Committee may cause the money payable to be pjo°oa°?n Tiio Ho placed in the Receiver-General's office to the credit of the persons infcr- coivcr G o n 1- n I's ested, describing them as far as can be, subject to the control and disposi- ""^ tion of the Supreme Court, 28 V., c. 39, s. 12.' T Applications to Upon the application of any person making claim to the money, or tiio Supremo Court any portion, or any interest in the land, &c., the Supreme Court shall, in a summary way, and after such notice as it deems Ht, and to such per- sons iit it may direct, order distribution according to the respective inter- " ests of the claimants, and make such other order as seems tit, 38 V., c. 39, s. 13. Prima Facie title On any question of title, the persons in possession as owners, or in receipt of the rents, or use of any right or easement, as being entitled thereto at the time of the land, &c. being taken, shall be deemed lawfully entitled^l ' until the conti'ary is shewn, and, unless shewn, the parties in possession,' receipt or user, and all parties claiming uuder them, or consistently with their possession, shall be deemed entitled to, and be paid such money, 28 v., c. 39, s. 14. Land, &c, vested All land, &c, taken shall vest in the Executive Committee, for the pui*- in Eiecutive Com- poses of this Acti pursuaut to 22 V., c. 23 ; £8 v., c. 39, s. 1.5. p«ymcuts for Out of any moneys applicable, the Governor, by his Warrant, with ad- ^^°''^" vice of the Executive Committee, shall direct payment of any ^ums re- quired for the works, 28 V., c. 39, s. 16. Notice of meet 'So ireeting shall be held, , except on 2 days' notice from, tbe Secretary '"^' to the Board, to be left with or sent through the Post to the Governor, each Jlember of the Executive Committee and each Commissioner, 28 V. c. 39, s. 17. Eiteraption from All materials, implements and things imported, shall be admitted tree of importDutiea duty, ou direction of the Governor and Executive Committee, 28 V., c. 39, B. 18. Tonnage Duc» Every Vessel resorting to the Port of Kingston for the sole purpose of repairs,, or being hauled up on the Slip Dock, shall be exempt from Tonnage Dues ; and in case they afterwards enter and clear outwards with cargo, or ' having brought cargo enter inwards, the same or any part shall be charged^ with Tonnage and other Dues, under 23 V., c. 12, and 46 G. 3, c. 28, on her/' whole tonnage, or uuder 21 V., c. 3, on the measurement of the tonnage occupied by the outward cargo, or from %hich cargo shall be actually land- ed, subject to those Acis, 28 V.,c. 3'J, s. '20. ICing-ston Thoroug-hfares. j_,iij;jj Tlic Works authorized by this Act shall be executed within the limits fiom I'^iwt to West, from the line of Hanover Street to Orange Street, bo^ inclusive, and from the line of tbe parish of St. Andrew to the Sea, on North and South lines, respectively, within the Eastern and 'Western limits, 28 V., c. 24, a. 1. Commieeionors; Any 2 Members of the Executive Committee, the Custos, the Mayor 3 a quorum ' and Members for Kingston, shall be Couiuiissiouers, 3 a quorum : „.,,.]• To cause to be reconstructed the several streets, cross-streets and tioii of street" '"° laues, witliiu the above limits, by snch methods, iind with such mate- riiils anil workmanship as may appear best calculated to obtain and secure l!in convenient and permaneiit use of the streets, cross- To lead off rain Streets aud lanes, and to provide for leading off the rain-waters waters, and uiti- which fall in or flow down the same, and eventually to lead off also mateiy aowago the refuse and sewage waters issuing or flowing fiom the houses built, or to be built within the limits. KINGSTON THOEOUaHPARES. 381 2. To remove, deeU'oy, alter, divert, stop.iip or abate any stairs, steps, en- Eemovo ana ro- closm-es, posts, piles or other encroaebmeuts, obstructions, materials mmts""" ™"° and things,' or such parts as in the judgment of the I^oard shall be ne- cessary to remove, &c., erecting or providing other suitable steps, or stairs in the stead of any so removed or stopped up, so as to equa- lize the width and height of the several causeways or piazzas in, and to restore the original vpidth by l.'v prescribed of the streets, &c., and to make the same available for general and convenient use as public thoroughfares. 3. To cause such drains, pipings, sewer-gratings and water-t.ibles to be Conatruot aroint constructed, and such parts of the streets, cross-Streets and lanes, ii^iwarl ''^° °" to be laid out for carriage ways, and such part for foot passengers as shall be requisite or proper. 4. To enter upon and take any land, or any right of user or enjoyment foJ° a^Ltoagr^on right of way or other right, or easement of, out of, over upon or in lanaa connection with any land belonging to the city or any person, and to make and complete, and keep in repair and good order from time to time on such land, suclf works as may be requisite for the more com- plete drainage of the laiu and sewage waters of the City, making Makins compen- compensation to any person having interest in any laud, or in respect sation of any right therein taken for the purposes of this Act. 5. To take (in case of neglect, or refusal or incapacity, or any impediment '■'"' ''''^ "P '""*" on the part of any person interested in any land, to treat or agree for the sale tliereof, or any right of easement thei'ein or thereoutj the like proceedings for acquiring the land, right or easement, as are pro- unaer powers of vided to be taken under the Prisons' Consolidation Act, 20 V., c. 11, asv., o. ii.s, 6-9, s. C, to 9, in'dnsive, which so far as applicable are incorporated herein, C'''™'' the Board being taken to be the authorities to proceed instead of the Executive Committee, 28 V., c. 24, a. 2. The Governor and Executive Commitee may — Powora of Govor- 1. Authorize the employment of any nnmber of convicts in the Peniten- committee "5 nu° ■ tiary, the quarrying, taking away and using any quantity of stones tiiorizethe labor of from the public lauds at Rock Fort, and the supplying of such quau- J-Sy'"" '"■'™''°° titles of dressed stones, bricks and lime from the Penitentiary as are The use of mate necessary ; a correct account of the quantity and value of such labor ^"Jj from Bo ok and materials being kept by the Inspector of Prisons. 31000°" ro ken 4. Out of the moneys applicable by warrant, to direct payment to the order '''The''iS'sp™to?^of of t)ie Commissioners of such sums as may be required for the works, Prisons keeping ao- 28 v., c. 24, 8. 3. '=''"''' The Beceiver-General shall— iieceiver General's I. Keep an account, " The Kingston Streets Account," in which to credit S"'>os all moneys collected under this Act, whether by sale of bonds or de- bentures, or for taxes or duties, or the annual sum charged on the estimates of expenaiture, and debit all moneys paid for the construc- tion and execution of works, or foi' payment of interest, or prin- cipal of any loan moneys, 28 V., c. 21, s. '6. If any question arise as to the title of any person having interest in any chaJJ^iJ,ey where land which, or any right or easement in winch shall be taken, the 60- the title is in ques-. vernor and Executive Committee shall cause to be ,. deposited the money *'.oni subject to tho payable, in respect thei-eof, with the Keoeiver-General, to be placed to the sup°ome°Oovu:t credit of the persons interested in the land, describing them as far as can be, subject to the control and disposition of tho Supreme Court, 28 V., c. 24, 8.8. Upon application by any person making claim to the money deposited, appiieations therer or any portion, or any interest m the land, or right, or easement therein, in '«' respect w liereof it has been deposited, the Supreme Court, sliall in a sum- mary way, and after such notice as to them seems fit, and to such per- sons as they direct, order distribution of the moneys according to the re- spective interests of the claimants, and make such order as seems lit, 28 v., c. 34, s. 9, On any questiou of title, the persons in possession as owners, or in ,-?'™,''°h"'i""°°', 5pceiptofthe rents, or in the user of any right or easement, as entitled e'nHttea uutii°'tho theretoat the time of the land, &c., being taken, shall be deemed law-, contrary is siiewn fully entitled, until the contrary be shown to the satisfaction of the Court, and unless the contrary be shown, the parties in possession, &c., and those claiming under them, or consistently with their possession, shall be deemed Lnnd to vest in the Executive Com- mittee CommtSBioneTB of Highways not to Interfere 382 LAND TAX AND QUIT KBNTS. entitled to the money deposited, and it sliall be paid and applied accord- ingly, 28 v., c. 24, s. 10. All land, or any right or easement therein, taken under this Act, shall vest in the Executive Committee, under 22 V., c. 2-3, enabling them to hold and maintain the title to any property or estate for the benefit of the pub- lic, 28V., c. 24, s. 11. Notwithstanding any thing to the contrary in any Act, no Commis- sioners of Highways and Bridges, as a Board, or otherwise, collectively or individually, or any Surveyor, Inspector, Way-warden, or other Officer or Agent, shall in any manner interfere with, obstruct, hinder, or impede the execution of the works, or auy part thereof, authorized ; and any person offering or making any such interference, die, shall, on conviction, in a summary way, forfeit not exceeding £10, to be enforced, in case of default in payment, according to any Act relating to summmary proceedings before Jnstices,28V., c. 24, 8.12. The! Board to The Board (s. 2) shall have power to make rules and regulations for the guia»n'^"t'°thd? guidance of their proceedings, and for the conti-ol and superintendence of prooeodingB, &c. the persons employed by them, and generally for carrying out the provi- sion of the Act, 28 V., o. 24, s. 14. , Quit rents Land tax Annual returns Land Tax and Quit Rents. Holders of land shall continue- to pay Jd. of money current previous to the 31st December, 1840, for every acre of land other than foot land; and. for foot land at the rate of Jd. of like money per foot, for 2 sides of the square added together, as a certain established (}uit Kent and ac- knowledgment to H. M., and such further sum in addition as will amount, to Id. sterling for each acre on which Quit Kents are payable by the acre : and the like sum of Id. of like money for each foot of land, to be calculated as aforesaid, for which Quit Eerits are payable by the foot, and for a fractional part of an acre or foot, the like sum of Id., 8 V., c. 16, s. 1. All persons in possession of land, whether as sole or part owners, or lessees in their own right, or in right of their wives, or as mortgagees in- possession, guardians or trustees, shall, by themselves or one of their At torney or Agent, or Overseer, or principal servant in charge or manage- ment, yearly, on 28th March, or within 20 days after, or such other time as shall be appointed by law for making returns of other taxable property, give in, or cause &c., to the Common Council of Kingston, or Justices and Vestry, a return in writing of the quantity in possession, or nnder the chai'ge of the person making the return, with a declaration subjoined to the effect following, if the return be the only return of lands made by him within the parish for the current year :^ I, A. B., do solemnly and sincerely declare that the above return is in all respects, to the best of my knowledge and belief, a just and true return of all lands in my possession, or under my charge, within the Parish of Or if the person making return as owner or otherwise, be required to make more than one return of lands within the same pai'ish, he shall an- nex to every return a declaration to the effect following : — I, A. B., do solemnly and sincerely declare that the above and other returns made, or intended to be made by me, contain to the best of my knowledge and belief, in all respects, just and true returns of all lands in my possession, or under my charge, in the Parish of To be made before any Justice within the Island, whether appointed for the parish where the lands are situate or not, or before the Clerk of the. Vestry of the Parish where they are situate. Wilfully making a false declaration a misdemeanor, 8 V., c. 16, s. 2. No person, except as after mentioned, {who redeemed the Land Tax ment toboSnttWy Under s. 1 1-18 while they were in operation) shall be exempted from the made liability to pay the Land Tax although not assessed ; but it shsiU be tihe duty of every person to make the annual returns required by law of the lands in his possession, or under his charge, to the Clerk ot the Vestry, and once in each year, by himself or agent, to pay to the Eeceiver-Ge- LAND TAX AND QUIT RENTS. 383 neral such Land Tax, and obtain an acquittance and discharge tlierefor, 21 v., 0. 34, s. 7. After 1st January, 1862, no Laud Tax due or chargeable on any land „,™SeomaMo'°''^ shall be redeemable ; but all lands whereon land has been up to that day redeemed, shall remain . redeemed aud exempt from such tax, 24 V., c. 26, B. 5. Every person in possession of land as owner, tenant, or in any other To-be paid toCol- character, shall on the 1st August, or within 10 days after, pay to the lector of Duos Collector of Dues of his parish the full amount of the tax, without de- duction for discount, and obtain from him an acquittance thereof, US V., c. 28, s. 3. Every Clerk of the Vestiy shall keep in his office, and expose for pub- J'"'' <>' , porsoni lie inspection in some conspicuous part of the Court House, true and correct JJ^d tnx,''aniionho alphabetical lists of all persons who have redeemed the Land Tax aud the io»d rodeomea to lands in respect whereof the tax has been redeemed in his parish by per- ^o^expoaod on Court sons making payments to him, and add to such lists the names of all per- sons, and the lands in his parish, in" respect whereof the tax has been re- deemed at the Receiver-General's oiflce, 21 V., c. 34, s. 21. The Island Secretary shall not record any Deed relating to land, ex- coruncnto of re- cept leases, tlie probate whereof bears date subsequently to the passing damption or pay- of 21 v., c. 34, [31st December, 1857] or any Patent which bears KJ^Lod°to'Sd° date subsequently, unless a certificate to the effect of the form annexed of or patenta before the Collector of Dues of the ■ nrish where the laud is situate, which the recof'i'nK Collector is required to give, shu ■ ing that the Land Taxes have been paid or redeemed, is annexed thereto, or i-'.Horsed thereon, that the island tax has . been redeemed, or that all arrears ioi ihe then preceding 5 years, payable on the land therein comprised, have been fully paid and discharged ; and the Island Secretary shall record such certiftcates with the Deed or patent to which it refers, and be entitled to a fee at the rate of Is. 6d. per legal sheet of 160 words, or fractional parts thereof, 26 V., S. 2, c. 21, s. 2. FORM OF CERTIFICATE. Certifleaio Jamaica ss. Parish of day of 186 I hereby certify that the Land Tax has been redeemed, (or that all Land" Tax has been paid for 5 years last past, to the day of 186 ) on acres of land, situate in the parish of known as C. D. Collector of Dues for parish of The Island Secretary shall, immediately after the expiration of eacl^ Quarterly returm quarter, transmit to the Receiver-General a docket of every Deed relating to SJy J ti?f ReceWer land (except Leases) the probate whereof bears date previously to this Act General of recorded or Patent of Land bearing previous date, brought uito Ins office to be recorded deeds and patents during such quarter, on \rtiioh the Land Tax is not redeemed, setting forth the a v.° I leTs! 8°/° ' names of the purchasers or patentees, and of the grantors, the name of the parish, quantity of land and boundaries, as also any distinguisbing name, situation or number, or other description, if any, and shall be entitled to de- mand from the party bringing the Deed or Patent, Is. 6d. for his trouble in Peoa making out and^ transmitting the docket, and 3s. to the Receiver-General, 31 v., c. 34, s. 23. The Receiver-General's fees, so long as his services are paid by a salary, nooeiver Qenerai-i and the contingences of his office defrayed at the expense of the Island, shall f™" <9^f carried to be carried to the credit of the Main Road Fund account, 21 V., c 34, s. 36. p^a '" Every certificate of redemption, or the record or an office copy, shall be Cortiflontos, &o. received as evidence in all Courts, and on all Judicial proceedings, and such evidence certilioates shall be exempted from Stamp Duty, 21 V., c. 34, s. 25. stam™"' " ° "" If after the expiration of 5 years, there are any lands on which the Land certiaoates , of Tax is not redeemed, the Receiver-General shall from time to time certify to ">i"i» <"• which so the Governor and Executive Committee all lands on which 20 years Land Tax ^%l "aao'to ft! and Quit Rents have been in arrear and unpaid, in order that they may be Governor, &o. proceeded against as forfeited for non-payment, 21 V., o. 34, s. 26. 384 LAND TAX AND QUIT KBNTS. Upou receipt of DirecUonB from Ihe Governor and Executive Committee, Attorney Gcnei-al's further writ of en' quiry Froceedinga for the forfeiture of fit of thepubuo (Form No. 3) of the non-payment of such Laud Tax (including Quit Jtents), specifying the quantity and description of the land, and the name of the original or last patentee, and that the Quit Kenta and Land Tax in respect df such lands, for the space of 20 years and upwards, have been, and are in ar- rear and unpaid, and become the relator on behalf of Her Majesty in any proceedings which shall be thereupon commenced and prosecuted for the forfeiture of such lands for the benefit of the public. But not to aifeotthe rights of any person who shall have already obtained a certificate, 21 v., c. 34, s. 2V. Froceedings at After 5 years, any person desirous of proceeding to enforce the for- awdSSiS"" °^ ™' feitore of any lands on which Land Tax and Quit Rents for 20 years are in ar- rear and unpaid, may pay to the Receiver-General a sum equal to 20 years Land Tax and Quit Rent in respect of such lands, which shall entitle him to a certificate (Foi-m No. 3) from the Receiver-General to the Attorney General, that such person hath paid to Jiim 20 years Land Tax and Quit Rents See B. 36 in respect of the land, specifying the quantity and description, and name of the original or last patentee, for which he shall be entitled to a fee of Is 6d. No person shall be entitled to any such certificate in respect of lands, the Receiver-General has been directed to proceed against for the bene- ' fit of the pablio, previously to the tender of 20years' Land Tax and Quit Rent, 21 V., c. 34,s. 28. The Attorney- General shall, upon production of any such certificate, issue his precept or fiat, for which he shall be entitled to a fee of £1 8s 6d, to the Clerk of the Supreme Court, to prepare and issue one or more writs of enquiry as the case requires, returnable at the Court of the pa- rish or precmct wherein the lands may be situate, to be holden after the then ensuing Supreme Court, which writ the Clerk of the Supreme Court shall, on receipt of such precept, make out and issue to the following ef- ect : Jamaica, bs. County Parish Victoria, by the Grace of God of the United Kingdom of Great Bri- ■ tain and Ireland, Queen, and of Jamaica, Lady Defender of the Faith, &c. To the Provost-Marshal of this om' Island of Jamaica, greeting : Whereas A. B., our trusty and well beloved our Receiver-Genei'al of our said Island, (or A. B. of the parish of as the case may be) hath related to om- trusty and well beloved om- Attorney-Gene- ■ ral for our said Island, that his late Majesty by his letters patent, bearing date the day of iii the year did grant unto C. D., his heirs and assigns, acres of laud, situate, lying and being in the parish of butting iiud bounding (and if the case so require,. Which said land hath been transferred to, and now forms part of the said parish of naming the parisli in the-venvte), and that the Quit Rents and Land Tax in respect of the said lands, for the space of 20 years and upwards before the issuing of 'this our writ, have remained and have been in arrear and unpaid : (K at the instance oi a private relator : And whereas the said A. JB. hath paid to our trusty and well beloved our Receiver-General in the said Island the sum of being the amount of 20 years' Laud Tax and Quit Rents in respect ot ?uoh land). And wiereas it is our , royal will and pleasure to be satis- , fied of the truth of the said premises : Now we command thee, that by thyself or thy lawful deputies, thou dost warn seven good and lawful men of oui parish (or precinct) of to be and appear before our Judge of our Circuit Court for the parish (or pr» cinct) of on the in next at then and there to enquire whether or not the said lands were granted to the said C. D., and whether or not the Land Tax and Quit Rents in respect of the said lands have re- mained, and have been in Eirrear and unpaid for the space of 20 LAND TAX AND QUIT SIBNTS, years next, before the issuing of this our writ i And we also com- mand thee, that thou return Siis writ in all things duly executed, with the names of the persons by thee warned, to onr said Judge of oui' said Circuit Court for the said parish (or precinct) of to be holden at tie day of next Witness, the Honorable Chief Judge, &c. 21 Y., u. 34, ri, 29, The Pi'ovost-Marshal shall return such writ to the Circuit Court, en- dorsed as follows : The execution of this writ appears by the return of Her Majesty's Writ of Venire Facias to me directed, returnable this present Ch'cuit Court, for the pai'ish (or precinct) of Given under my hand and seal, tliis day of for which he shall be entitled to a fee of 9d, 21 V., u. 34, s. 30. In all Writs of Venire Facias to be issued after the 5 years, returnable at the several Circuit Courts, the following words shall be inserted : " And also to enquire of and concerning the several matters con- tained in our Writs of Enquiry, concerning lands related against, for the non-payment of Land Tax and Quit Kents," 21 V., c. 34, s. 31. On the second Tuesday of the Supreme Court, as of which such Writs iihall bear teste and be issued, and on the first day of the Circuit Court where such Writs are returnable, they shall be proclaimed, and afterwai'ds, during the sitting of the Circuit Court, a Jury returned as aforesaid shall be empanelled, charged and sworn, lo enqWre of the truih of the several points in the Writ, and the Judge shall receive all such legal evidence as shall be produced to the Jurors, touching the premises, and the Receiver- General's certificate shall lie received as prima iacie evidence of the truth of the contents, and tbe Jurors shall return their verdict concerning the several points to be enquired into, in writing, indorsed on or annexed to the Writ, 21 V.,c. 34, 8. 32. The Judge of the Circuit COTfft shall transmit the Writ and Verdict to the officfe of the Clerk of the Supreme Court, who shall file the same, and insert an Abstract in a Table, to bfe kept in some public part of his office, in the following manner : — INFORMATIONS FOR FORFEITED LANDS. 385 Retum tlioreof Venire Faciat Pvocla,matioii)t Evidence Receiver General's certificate prima facie evidence Verdict To be trnnamitted to the Clerk of the Supremo Court to bellied Abstract to be ex- hibit«d >, 1 Is 1 P 1- -d ^ 1 •3S g- 1 i o E 21 v., c. 34, B. 33. 3a 386 LANDLORD AND TENANT. Furoior jirooia- Upon the filing of the retum of each Writ and inquisition, and pro- mations ducing the same at the Supreme Court, the Attorney-General shall eatise proclamation to he made of such return entire 2nd Tuesday of such Court, and also at tlie Circuit Court of th6 parish or precinct where it was made returnable, to be holden next after, 21 V., c. 34, e. 34. ' ' _; After proclaiiM. After such Eetujji ha^ befeu-proclaimed in two sucoessive terms of the. tions If tho inquiBi- Supreme Court, and also in two suocesive sittings of the Circuit dourt, if Jio tioiiisnotti-ateired gerson traverse the Itiquisition, and put in his claim at the same time, or pray time to enter such traverse and claim on the second Tuesday of the Su- preme Court next sncceediug the last Proclamation, iinal judgment shall be pronounced for the Queen ; and thereupon if the Receiver-General' has been the relator, the Governor shall be entitled to grant and dispose of the . same as, after provided; or if any private person^nas been the relator, on producing a docket of such judgment {whiel] the Clerk of the Supreifie Court shall make out and deliver) a Patent shall issue and pass the Seal'of this Island, to. vest the lands in the relator, his heirs and assigns, which shall be a perpetual bar to all former grantors or claimants under the person in whom the same shall be found to have been vested, whether by devise or ' purchase or otherwise, but against no other person claiming' under any other title, 21 V.,c. 34, s. 35. ' filial judgmont Patent Effect of H. G'». Cloili For the performance of the additional duties imposed upon him, the Ke- ceiver-Genei-al may appoint an additional Clerk in hie Office, at a salary not exceeding £250 per annum, with powers to remove him, 21 V.;'c. 34, s. 37. ' Form of Certifl cato, 21 v., c. 34, «. 37-38 CEETIMCATE Of Non-pavment of Land &st> Quit-Kent Taxes. Jamaica, s.s. Pariyh. ^ I, A. B, Receiver-General of the said Island, do hereby certify, that, his late Majesty, by his letters patent, beaiing date 3id grant unto 0. 15. {tlie original or last Patentee), his heirs and assigns, acres of land, situate, lying and being in the parish of , butting and boundingi &.C., ;' and that Quit Rents and Land Tax in respect of the sijid XajpXh: for the space of 20 years and upwards, are in avrear and unpaid (a) ; and I am directed by his Ex- cellency the Governor to become the Relator on behaf of Her Ma- jesty in proceedings for the forfeiture of such lands (a). Given under my hand, this . day of To the Honorable Her Majesty's Attorney-General. Z liyiy B> lit Where the Landlord proceeds under this Act, and the Tenant has-found bail, and he fails, the Tenant shall (instead of double costs, receive such full and reasonable indemnity as to all costs, charges and expenses, incurred in and about the action as shall be taxed, subject to review as any other taxation, 8 V., c. 28, e. 22.) Act not to prejudice any right of action or remedy Landlords already possess, 1 V., o. ^6, s. 3. No goods on Lands leased for life or lives, term of yeai-s at -will or otherwise, shall be taken in execution, unless' the party at whose suit it is sued out before removal^ pays the Landlord or liis bailiff all sums due'for rent at the time of the tafeing, provided the arrears do not amount to more than one year's rent, or if so, tlie party paying one year's rent may proceed to execute his judgment, and the Provost-Marshal, or bcher Officer, inay levy and pay to the plaintiff, as well the money paid for rent as the ex- ecution money, 1 V., c. 26, s. 4. ■ In case any Tenant or Lessee fraudulently or clandestinely conveys away, or carries off the premises his goods, to prevent the Landlord or Lessor from distraining for arrears of rent due, he, or any person by him empowered, within 30 days aiter removal, may, take and seize the same wherever found, as a distress for the arreara, and sell or otherwise dispose of them as if they had been distrained upon the premises. But no Lessor, Landlord or other person, entitled to arrears of rent, shall take or seize any goods sold bona fide, and for a valuable consideration, before seizure, to any person not privy to such fraud, 1 V.,c. 26, s. 5. Any Tenant or Lessee fraudulently removing and conveying away his ■ goods, and any person wilfully and knowingly aiding^ or assisting him in such fraudtl'ently conveying away, or carrying off any part of his goods," or in concealing them, shall forfeit and pay to the Landlord or Lessor dou- ble the value of the goods by them respectively carried off, or concealed, by action of debt, wherein no more than one impaJrtance shall be allowed, 1 v., c. 26, s. 6. , - . . Where the goods do not exceed the value'M £50, the Landlord, his bailiff, servant or agent,' may, exhibit a complaint. In writing, against the offender before two Justices of the parish residing near the place whence the goods were removed or found, not being interested in the lands whence they were removed, who may summon the parties, examine the fact and witnesses, and in a summary way determine whether such persons be guilty, and enquire of ihe value of the goods by them respectively frau- dulently carried off or concealed, and upon fall proof of the offence, bv or- der, may adjudge ihe offenders to pay double the value to the Landlord, his bailiff, servant or agent, at such time 'as they appoint ; and if the offenders, having notice of the order, refuse or neglect -to do so, may, by wariant, levy the same by distress and sale, and for want of distress, commit them to the House of Correction to hard labor, without bail or mainprize, for 6 months, unless the money is sooner satisfied. Parties may appeal, 1 V., c. 26, s. 7. Where any goods fraudulently or clandestinely conveyed or carried away, are placed or kept in any house, barn, buildmg, stable, out-house, yard-close, or place locked up, fastened or otherwise secured, so as to pre- vent their being taken and seized as a distress for arrears of rent, the Land-' lord or Lessor, or his steward, bailiff, receiver or other person empowered to take and seize as a distress for rent such goods (first calling to his assist- ance the Constpble or other Peace tifiicer of the parish, or place where they are suspected to be concealed, who are required to assist, and in case of a dwelling house, oath being fii'st made before a Justice of a reasonable ground to suspect the goods are therein), in the day time, may breaJc open any such house, &c., and take and seize the goods for the arrears of rent, asthey might have done if they had been put in any open place or field, 1 V.,c.26, s. 8. Every Lessor or Landlord, his steward, bailiff, receiver, or person em- powered by him, may take and seize as a distress for arrears of rent, any cattle or stock of their Tenants feeding or depasturing . upon any common, appendant or appurtenant, or any ways belonging to all or any part of the premises demised or holden, also all sorts of fruits, produce, manufacture. LANDLOIU) AND TENANT. 389 or other product growing, or making or made, or any part of the estate so demised or Uolden, as a distress for arrears of rent ; and the same may cut, gather, make, cure, carry and lay np, when ripe, in the hams, huildings or other proper place on the premises, or if there be none, in any other baSi buUdmg, or proper place, which he shall hire or procure as near as may be, andmconvenient time to appraise, sell or dispose of the same, towards sa- tisfaction of the rent and charges of distress, appraisement and sale, in the samemanner as other goods ; and theappraisenifent shall be taken when cut, gathered, cured, and made, and not before. Notice of the place where they are lodged Or deposited shall be given, within one week aifter, to the Lessee or Tenant, orleftat his last place of abode, and if after any distress of fruits; &c., and at any time before they are ripe and cut, cured or ga- thered, the Tenant or Lessee, his Executors, Administrators,' or Assigns, pay, or cause to be paid, the whole rent then in arrear, with the full costs andchai-gesofmt king the distress, and occasioned thereby, then and upon payment or lawful fender whereby the end of the distress will be fully answered, the same and every part shall cease, and the fruits, &c., be deli- vered up, 1 v., c. 26, s. 9. Any person lawfully taking any difitrese for any kind of rent, may , impoumiinB its- impound, or otherwise secure the distress of what nature or kind right of"n|ra"Ma soever, in such place or part of the premises chargeable with osrass ; pound- the rent, as is most convenient, and appraise, sell and dispose '"''"'* "'w" of them upon the premises, in like manner as may be done off the pre- mises ■, and any person may come and go to and from the place where any distress is impounded a'u.: ^^ecured, to view, appraise and buy, and carry off or remove them on avOiimt of the purchasei; ; and if any pound ttr^ach or rescous is made of any ,. uds or stock distrained for rent, and im- pounded or otherwise disti'ained, the person guilty thereof, or aiding or assisting, shall be indicted and pnnishecl as for a misdemeauor, and make restitution in damugesin a civil action, 1 V., c. 26, s. 10. The Coiu't may, where ejectment is brought against a Tenant who holds, Making Lanaiora or has held possession under a sub-letting or under-letting from any other adufonaaiitto^ieiM- person, suffer the Landlord to make himself defendant, by joining with the ^°°tii 55°°4ffiSf Tenant in case he appear, but if not, judgment shall be signed against the tenant casual ejector for want of appearance ; but if the Landlord of any part of the lands desire to appear and enter into the consent rale, the Court shall permit him, and order a stay of execution upon the judgment against the casual ejector, until fui'ther order, 1 V., c. 26, s. 11. If any Tenant at a rack rent, or whei-e the rent reserved is fully 3'4ths when s Justieea of the yearly value of the demised premises, who is in (u'rear for J year's j""^ J"' j''""? i,",,'^ rent, deserts them, and leaves them uncultivated or unoccupied, so as no y"a°'»rent°niirrMr sufficient distress can be had to countervail the arrears, two Justices having ana iha tenant ae- no interest in the demised premises, at the requesi of the Lessor or Land- ?eriew''°by"ciro°uii lord, his bailiff or receiver, may go upon, and view the same, and affix, court or Supreme or cause, &c., on the most notorious part of the premises, notice in writing, *^ourt in Aiiaaiesex what day (at the distance of 14 days at least) they will return to take a second view ; and if upon the second view, the tenant or some person on hie behalf does not appear and pay the rent in arrear, or there is not sufficient distress upon the premises, the Justices may put the Landlord in possession, and the lease to the Tenant as to any demise only, shall from thenceforth become void. Such proceedings of the Justices shall be examined in a summaiy way at the next (Circuit Court, 19 V., c. 10,) in which the lands lie, and if in Middlesex, by the Judges at the next Grand Court, who may order restitution to be made to the Tenant, with his expenses and costs, by the Lessor or Landlord, if they see cause ; and in case they affirm the act of the Justices, may award costs not exceeding £5 (£3 stg.) for the frivolous Appeal, 1 V„ 0. 26, s. 14. Where any distress is made for any kind of rent jnstly due, and any Eemeay of party irregularity or unlawful act is afterwards done by the party distraining, or justly aistrainea on his agent, the distress shall not be unlawful, or the party making it a tres- rogiUarfttM™' un- passer, ab initio ; but the party aggrieved may recover fuU satisfaction for lawful acts ' the special damage, and no more, in an Action of T^;e8pas8, or on the case, at his election, with fuU costs ; hut he shall not recoVer in any such Action, if tender of amends were made by the party distraining, or his agent, be- fore Action brought, 1 V., c. 26. a. 16, 390 In aotlonB against Landlords, &c. they may plead the Gea- eral laave ; costs Avowries and coffnizancs ; costs Replevin bonds on distresses for rent, Assignments LARCENY AND SIMILAR OFFENCES. In Aetions of Trespass,' or upoo the ciase, against any person entitled to rentSj his bailiff or receiver, or other person, relating to any entry upon the premises chargeabl^ or to any distress or seizure, sale or disposal of. any goods thereon, the 'defendant may plead the general issue, and give the special mattej- in evidence ; and if the plaintiff becom^ nonsuit, discontinue, or have judgment against him (in lieu of double costs ; costs to be taxed under 8 v., c. 28, s. &3, see s. 5), 1 V., c. 26, s. 17. All defendants in replevin may avow or make cognizance generally that the plaintiff in replevin, or other tenant of the lands •whereon the distress was made, enjoyed them under a grant or demise at such a certain rent during the time wherein the rent distrained for accrued, which rent was then and still^remains due, without further setting forth the grant, tenure, ,demSBe„or title of the landlord or lessor, and if the plaintiff become nonsuit, &c-, as in s. 17, 1 V., c. 26, s. 18. The Provost-Marshal and officers to execute replevins shall, in every re- plevin of a distress for rent take, in their own names from the plaintiffj^and two responsible persons as sureties, a bond in double the value of the goodi distrained (to be ascertained by the oath of a witness not interested in the goods or distress to be administered by him), and conditioned for prosecuting the siiit with effect and withotit delay, and for duly returning the goods and chattels distrained, in case a return shall be awarded, before any deliver- ance be made of the distress. And the Provost-Marshal or officer taking any such bond at the request and costs of the avowant, or person making cognizance, shall assign such bond to him by endorsing the same, and attest- ing it under liis hand aiid seal, in the presence of two credible witnesses, which may be done without any stamp, provided the assignment so en- dorsed be duly stamped before action brought, and, if forfeited, the avow- ant or person making cognizance, may bring an action, and recover in his OTfrn name, and the Court, may, by rule of Court, give such relief to the par- ties upon the bond as is agreeable to justice and reason, and such rule shall have the effect of a defeazance, 1 V., c. 26, s. 19. Document of title tt lands Larceny and Similar OffenceB. Interpretation In the interpretation of this Act, " Document of Title to Goods" shall in to^'dj""" °""'° elude any bill of lading, warehouse-keeper's certificate or order for the de- ''^° livery or transfer of any ^oods or valuable thing bought and sold, note, or any other document used m the ordinary course of business, as proof of the . ' possession or control of goods, or authorizing, or purporting to authorize •" either by endorsement or Dy delivery, the possession (possessor) of such docu- ment to transfer or receive any goods thereby represented or therein men- tioned or referred to." " Document of Title to Lands," shall include any deed, map, puper or parchment, written or printed, or paatly written and partly printed, ueing or containing evidence of the title, or any part of the title to any real estate, or to any interest out of any real estate. ■ " Trustee" shall mean a Trustee on some express trust, created by some deed, will or instrument, in writing, and include the heir or personal repre- sentative of any such Trustee, and any other person upon or to whom the duty of such trust has devolved or come ; and also an Exeutor and Admin- istrator, and an official Manager or Assignee, or other like officer, acting under any present or future Act relating to Joint Stock Companies or In- solvency, 27 V. S., 1 c. 33, 8. 1. And shall also include Receiver of the Court of Chancery and other officers of the Courts of Law and Equity of this Island, the Guardians of infants, the Provost-Marshal and his deputies, the Collector of Petty Debts and their deputies. Bailiffs employed to distrain for rent, and the Treasurers or recipients of property for any public, civil, parochial or eleemosynary purpose, or for any other person or persons or association of persons, 28 V.,c. 15, s. 2. " Valuable Security," shall include any order or other security what- ever, entitling or evidencing the title of any person Or body politic to any share or interest in any public stock or fund of this Island, or of the IJnited Kingdom, or of any foreign state, or in any fund of any Body Corporate, Company Or Society within this Island, or the United Kingdom, or in any foreign state or country, or to any deposit in any Bank, as also any deben- Valuable security LARCENY AND^. SIMILAR OFFENCES. ture, deed, l)Oud, bill, note, ■wsuraiit, order or other security whataoever for money, or for payment of money-, \rl>etl»er of this Island or of ©reat Britain or Ireland, or of any foreign state, and any document or title to lands or goods as before defined. ' • ; * "Property", shall include every description of real, and personal pro- perty, money, debts and legacies, and all Deeds and lustrumeuts relating to or evidencing the title or right to any [r operty, or giving a right tore- cover or receive any monej or goods, and shall also include, not only such property as was originally m the posBession or - under the control of any pai'ty, but also any property into or for which the .same may have hefen converted or exchanged, aad anything acquired by such conversion or ex- change, whether immediately or otherwise. For tlio purposes of this Act, the " Night" shall, be deemed to com- mence at 7, p. m., and to conclude at 6, a.m. of the next succeeding day ; " Month" shallmean calendar month, 27 V. S. 1, c. 33, s. 1. Every Lai-ceny , whatever the value stolen, shall be deemed of the same nature, and subject to the same incidents as Grand Larceny was before 4th March, 1837, and be dealt with, enquired of, tried, determined and punished as heretofore, in any Court which has now the power to try such offences or Larcenies, and also to tiy and punish all accessories thereto, 27 V., S. 1, c.33,e.-2. Any bailee of any chattel, money or valuable security, fraudulently taking or converting the same to his own use, or the use of any person other than the owner, although he shall not break bulk or otherwise de- termine the bailment, shall be guilty of Larceny, And may be convicted thereof ou any indictment for Larceny : but this section shall not extend to any offence punishable on summary conviction, 27 V., S. 1, c. 33, s. 3. Persons convicted of Simple Larceny, or any felony made punishable like Simple Larceny (except in cases otherwise provideoifor), sliali be kept in penal servitude for 3 years, or imprisoned not exceedi(ig2 years, with or without hard labor, and with or without solitary confiaemeut, 27 V., S. 1, c. 33, e. 4. It shall be la-vvful to insert several counts in tha same indictment against the same per.son for any number ot distinct acts^of stealing, not exceedmg 3, committed by him agai,nst the same person withffl 6 irferfths, from the first to the last of Bucli acts, and to proceed thereon for all oi- any of them, 27, v., S. 1, c. 33, s. 5. If, upon the trial, it appears that the property alleged to have been stolen at one time was taken at different times, the prosecutor shall not by reason thereof be required to elect upon which taking he will proceed, un- less it appear there were m'>re than 3 takings, or that more than the space of 6 months elapsed between the ftrat and last of such takings. In either of siuih last mentioned cases, the prosecutor is" required to elect to proceed for such number of takings, not exceeding 3, as appear to have taken place within 6 months from the first to the last, 27 V., S. 1, c. 33, s. 6. The offence of Simple Larceny, committed after a previous conviction for felony, whether upon an indictment, or under any Act authorizing 2 or more Justices in Petty Sessions to convict for any Simple Larceny, shall be punishable by penal servitude for not exceeding 10 years, nor less than 3, or imprisonment for not exceeding 2 years, with or without hard labor, and wither without solitary confinement, 27 V., S. 1, c, 33, s. 7. The offence of Simple Larceny, or any offence hereby made punishable like Simple Larceny, after a previous conviction of any indictable misde- meanor under this Act, ehallbe punishable by penal servitude for not ex- ceeding 7 years, nor less than 3, or imprisonment not exceeding 2 years, wither without hard labor, and with or without solitary confinement, 27 v., S. 1, c. 33, s. 8. Stealing any horse, mare, gelding, colt or filly, mule or ase, or any bull, cow, ox, heifer or calf, or any ram, ewe, sheep or lamb, pig orgeat: fe- lony. Penal sei-vitude not exceeding 14 years, nor less than 3, or imprison- ment not exceeding 2 years, with or without hard labor, and with or with- out solitary confinement, 27 V., S. 1, c, 33, s. 9. Wilfully killing any animal, with intent to steal the carcase, skin, or any part of the animal so killed : Felony, punishable as upon a conviction of stealing, provided the offence of stealing the animal bo killed would have amounted to Felony, 27 V., S. 1, c. 33^ b. 10. , 391 ri'operty Night Moath Larcflny, 1 n c i- (lenta of By bailera Simple Larceny— puniBhrnent 3 Acts of Btsallag iaone indictment Property taken at different t i m • ii election Larceny after pra vlouB convtctlon for felony For misdemeanor Stealing horses' catlle, Bheepi pigS) goats Killiag animals with intent to steal ggg JJARCBNy AMD SIMILAR QPFENCBS, Birds, dogs, ani Stealing any bird, or any dog, or any other beast or animal ordinarily moisinoonflnwiiBBi kept in a State of confinement, Or for any coftiestic puiipose, not being the subject of Larceny at Common Law, or wilfully killing any such bird or beas^t, or animal, with intent to steal the same, or any part thereof, pun- ishafcle before 2 Jnaticea, by commitment to the Common Gaol or Dis- trict Prison, or General Penitentiary, to be imprisoned only, or to be im- prisoned and kept to hard labor for not exceeding 6 months, or by forfeit- ure and payment over and above the value of the bird, beast or other animal, of not exceeding £20, inclusive of costs. If after a previous c6n- viotion of any such offence against this or any former Act, the offender shall be committed to the General Penitentiary, or nearest District Prison, to hard labor for not exceeding 12 months, as the convicting Justices think fit, 27.V., S. 1, c. 33, s. 11. siiin or Plumage If any such dog or the skin, or bird, or the plumage, or beast, or the skin, or animal, or any part is found in the possession, or on the premises of any person, any Justice may restore it to the owner; and any person in whose possession, or on whose premises such dog, or the skin, or snch bird, or the plumage, or beast, or the skin, or animal, or any part thereof is found, (such pex'son knowing the dog, &c., has been stolen, or the plumage is that of a stolen bird, or the skin that of a stolen dog, or a stolen beast, or the part tliat of a stolen animal) shall, on conviction before a Justice, be liable for a first offence to such forfeiture, and for every subsequent of- fence, to such punishment as any person convicted of stealing any dog, &c., is made liable by the last preceding section, 27 V.-, S. 1, c. 3.3, s. 12. Fish, Crabs, or DnlawfuUy and Wilfully taking Or destroying any fish, crabs, cray-fish, Turtle oysters or turtle, in any water which runs through, or is in any land ad- joining or belonging to any person, the owner of such water: a misdemeanor. Unlawfully and wilfully taking and destroying, or attempting to take or destroy any fish, &c., in any water, not being such as before mentioned, but wuich is private property : punishable before one Justice, by forfeiture and payment, over and above the value of the fish taken or destroyed (it any), of not exceeding £5, 27 V., S. J, c 33, s. 13. steatlne Io> das- Stealing, or, for any fi-audulent purpose, destroying, cancelling, or obli- '"?rif Taiuabio tgrating the whole or any part of any valuable security, other than a '°° '"' document of title to lands : Felony of "the same nature, and in the same degree, and punishable in the same manner as if the person had stolen any chattel of hke value, with the share, interest or deposit to -which the security so stolen relates, or with the money due on tue security or se- cured thereby, and remaining unsatisfied, or with the value of the goods or other valuable thing represented, mentioned or referred to in or by the security, 27 V., S. 1, c. 33, s. 14. Document of liUo Stealing, or, for anyftaudnleht pui-pose destroying, cancelling or otli- to Lands terating, or concealing the whole or any part of any document of titleto lands : Felony, penal servitude for 3 years, or impnsonment not exceeding 2 years, with or without hard labor, ami with or without solitary confine- ment. In any indictment for any such offence relating to any document of title to land] it shall be sufficient to allege it to be, or to contain evidence ofthe title, or of part of the title of the person, orofsome oneof the per- sons having an interest, whether vested or contingent, legal or equitable in, the real estate to which it relates, and to mention the real estate or some part thereof, 27 V., S. I, o. 33, s. 15. .^jy. Either during the life ofthe Testator, or after his death, stealing or, for any fraudulent purpose, destroying, cancelling, obliterating, or concealing, the whole or any part of any Will, Codicil, or other Testamentary in- strument, whether relating to real or peraonal estate, or both : Felony, penal servitude for life, or not less than 3 years, or imprisonment not exceeding 2 years, with or without hard labor, and with or without solitary confine- ment. In the Indictment for such offence, it shall not be necessary to allege that such Will, &c., is the property of any person. Nothing in this or the last preceding section, nor any preceding conviction or judgment thereupon shall prevent, lessen or impeach any remedy at Law or in Equity, any party aggrieved might have had if this Act had not passed, but no convic- tion of any offender shall be received in evidence in any action or suit against him. No person shall be liable to be convicted of any snch felonies by any evidence whatever, in respect of any act dene by. him, if lie has, any time previously to being charged, first disclosed such act, on oath, LARCENY AND SIMILAR OFFENCES. iu consequence of any corapnlsoiy pi'oeess of any Court of Law or Equity, ii]^ any action, suit or proceeding oona fide instituted by any party ag- ffrievecl, or has first disclosed the same in any compulsory examination or deposition before any Court, upon the hearing of any matter in any insol- vency, 27 v., S. 1, c. 33, s. 16. Stealing, or for any fraudulent purpose taking from its place of depo- sit for the tune being, or from any person having the lawful custody, or unlawfully and mfficiously cancelhng, obliterating, injuring, or destroying the vpliole or any part of any record, writ, return, panel, process, interroga- tory, deposition, affidavit, order or warrant of Attorney, or of any original document belqpging to any Court of Record, or relating to any matter, civil or criminal, begun, depending or terminated in such Court, or of any bill, petition, answer, interrogatory, deposition or affidavit, order or decree, or of any original document oi, or belonging to, any Court of Equity, or relating to any cause or matter, begun, depending or terminated in any such Court, or of any original document in any wise relating to the business of any pfflce or employment under H. M., and being or remaining in any ofiice ap- pertaining to any Court of Justice, or in any Government or Public Office : Felony ; penal servitude for 3 years, or imprisonment not exceeding i years, with or withouthard labor, and with or without solitary confinement. It shall not be jiecessary in any Indictment t o allege that the ■ article is the pro- perty of any person, 27 V., S. 1, c. 33. s. 17. Stealing or ripping, cutting, seveiing or breaking, with intent to steal, any glass or woodwork belonging to any building, ora,ny lead, iron copper, bra-s or other met.il, or any utensil or fixture, whether made of metal or other material, or of both respectively, fixed in or' to any building, or any- thing made of metal fixed in any land, being private property, or for a fence to,.an7 dwelling house, garden, or in any street, or in any place dedicated to public use or ornament, or in any burial ground : Felony, punishable as in the case of Simple Larceny. In case of any such thing fixed in such street or place as aforesaid, it shall not be necessary to allege the same to be the properly of any person, 27 V., S. 1, c. 33, s. 18. Stealing or cutting, breaking, renting up, or otherwise destroying or damaging with intent to steal, the whole, or any part of any tree, snpling or shrub, or any underwood growing in any pleiisure ground, garfleu, or- chard or avenue, or in any gi'ound adjoining or belonging to any dwelling- house (in case the value of the article or articles stolen, or the amount of injury done exceed £1) : Felony, punishable as in the case of Simple Lar- ceny. If growing elsewhere than in any of the situations above mentioned (in case the value or amount of injury exceed £3) : Felony, punishable as in case of Simple Larceny, 27 V., S. 1, c. 33, e. 19. Stealing or cutting, &c., with intent to steal the whole or any part of any tree, sapling or shrub, or any underwood wheresoever growing, the stealing or injury done being to the amount of Is. at the least, the offender, onconvictionDefore2 Justices, shall forfeit and pay, over and above the value or amount of injury, noc ^ceeding £3. For a second offence, after a con- viction under this oran^foiTuer Act, imprisonment in the General Peni- tentiary, or nearest District Prison, with hard labor, not exceeding 12 montliB. For 'a subsequent ofience) after having been twice convicted, whether both or either of the convictions were before Or after the Act : Felony, punishable as in case of Simple Larceny, 27 V., S. 1, c. 33, s. 20. StealiBg or cutting, breaking or throwing down, with intent to steal any part of any live or dead feace, or any wooden post, pale, wire or rail, set up or used as a fence, or any stile or gate, or any part thereof respectively : the oflfender, on' conviction before a Justice, shall forfeit and pay, over and above the value of the articles stolen, or the amount of injuiy done, not ex- ceeding £3, or if after a previous conviction, commitment to the General Penitentiary or nearest District Prison, with hard labor, not exceeding 12 months, 27 V., S. 1, c. 33,s. 21. If the whole or any part of auy tree, sapling or shrnb, or any under- wood, or any part of any live or dead fence, or any post, pale, wire, rail, Btile or gate, or any part thereof, being of the value of la. at the least, is found in the possession of, or on the premiaes of any person, with his knowledge, and he being summoned before a Justice shaU not satisfy the Justice tnat he came kvnully by the same, he shall forfeit and pay, over 3b 393 Kiecords, &C' Fixtures, Ac- Trees, Bbruba, &c. in gardens, &c. Value, &c. ex- ceeding £1 Exceeding £3 In other places Value Is at least Not exceeding £3 After previous convictions Fences, posts, After previous' conviction Trees, fences, posts, &c. of the value of Is for which no satis- factory account is giVea 394' LABCENY AND SIMILAR OFBENOES. and-above the valne of the article so found,.not exoeedi^ £2; 27 V., ^ 1, c. 33,e. 22. . r . SteaJiiig plautsr - Stealing-or destroying, or damaging with intent • to steal any tree, ^'h^d^rovMon pl^nt, root, trnit 01' other vegetable production gi'o-wiug in any gardb^l, or- ^oimd ' or cane- chard, provision ground, or cane or coffee or pimerfto ' field, the ,yalae ■ piece, So. value vphereof exceeds lOs., punishable asSimpleLai'oeny, 28 V., o, 4^ 8.2..' ^^^Ummg after ' If llie value does not exceed lOa., the offender, on conviction, be&re ^4% previous convlc- Justices, shall be committed to the nearest District prison, or to the General , tion, 28 v., c. 18 Penitentiary to hard labor, for not exceeding 6 calendar months. If any ceetoe l(ta°* ^''" pcr|pii,so'convioted, after'wSJ(4B commit any such offence, he shall be guilty' See f 6 and 27 cf Felony, - and liable to the same punfshnieiit as ifor Simple LarCeBy, >■ v., S. 1,' 0.33, 28 yt, c. 4, B."3. ^ ,_ _, .«.;., ^'ijter previous Steahug or destroying, &c., any tree, plant,root,frnrtorother.vegetaT)l9 conviction ; see production, used for the food jjf any man or beast, or for medicine, OT for 28 v., c. 18, whip- distilling, or for djin'g, or for. or in the eourse of any manufacture, growing **st V la'i on any land, open or enclosed, not being, a garden, orchard, provision Sc. ^owSig Sse- ground, or bane or coffee or pimento- fleld^coramitment, on conviction be- where -° fore 2 Justices, to the nearest District Prison or the Peniteutinry, to hard-la- After previous ''°''^°''"<" ''■'"'®®'^'''S^ ''''''^''^'"''°''"'''"'' .After a previo'us^conviction : Fe- oonviotion ; • see lony, paniahable as above, 28 V., c. 4, s. 4. ' - pfng " °' ^'' ^'"'' The power of commitment to the General Peuifentiaj-y' shall be exef- Commitmentto cised only by Justices' aulhorized by the proviso to 27 V., c. J'ii, s. 103 ; 28 penitentiary by V.,c. 4,8. 5. "^^ Prosecutions for offences uucer this Act shall be deemed 'public prose- cutions, 28 v., c. 4, s.'6. Bobery stealing Rflbbing any persoft, or stealing any chattel, 'money or valuable Secu- from prison rity from the person of another : -felony : penal servitude not exceeding 14 years, nor less than 3 years, or imprisonment nqt exceeding 2 years, with or without hard lubour, and with or without solitary confinement,' 27 V.; S. 1, c. 33,.s. 25. ;,, _ . .. - CR Prisoner may If, upon the trial ef anv person upon any Indictment for robbery, it ap- be convicted of pear to the Jury that the defendant did not commit the crime of robberjr, tent to roi) ~ but, that he did" oommiian assault with intent to rol),he8riall lot be enti- tled to be acnuittedj'but the Jury may return as their'verdict, that the de- fendant is guilty of an assault with intent to rob, and, tliereupon lie iuay be punished a;- if he had been convicted upon an Indictment for feloniously .as- sauttitig withinfent to rob. No person bo tried shall be liable to be after- wards prosecuted fyr the robbery, 27 'V., S. 1, c. 33, s. 26. Assault with AssaultinganypersoKvith intent to rob: ielony, except in cases where intent to rob a greaser puiiihbmeut is provided by this Act ; 3 yeais' penal servitude, or imprisonment not exceeding 2 .years, witli or without hard labor, and with or without Solitary coniini-ment, 27 V., S. 1, c. 33, s. •■iT. Eobbery or as- Being armed with any offensive weapon or instrnment, robbing, or as- sault with intent aaulting, with iutent to rob any person, or together with one or more others torob, being arm- robbing or assaulting with intent to rob any person, and at the-time of, or ed, md usi^ per- immediately before, or immediately after such robbery, wounding, beating, sonai vio e striking or using any other personal violence to any person : Felony ; penal servitude for life, or not less than 3 years, or imprisotimfent not exceeding 2 y eai s, with or without hard labor, and with or without solitary confine- ment, 27 v., S. 1, c. 33, s. 28. S e n d mg, &o. Sending, delivering, or uttering, or dh'ectly or indirectly causing to be threatening let- received, knowing the contents, any letter orwriting,demandingof any per- t«rs demanding gQ^ witli menaces, and without any reasonable or probable cause, any proper y, . property, chafJtel, money, valuable security or other valuable thing : Felony; the like punishment, 27 V., S. 1, c. 33, s. 29. Demandmgpro- With menaces , or by force demanding any propertv, chattel, money, perty with men- valuable security, or other valuable thing of any person, with iutent to aces or lorce ^^^^ y^g 5^^,,,^ . j'elohy ; 3 yeai's' penal servitude, with or without hard labor, and with or without solitary confinement, (sic.) 27 V., S. 1, c. 33, e. 30. Letters threat- Sending, delivering or uttering, or directly or indirectly causing to be euingto accuse of received, knowing the contents, any letter or writing, accusing or threat- """e *&c ^^""'^ ening to accuse any other person of any crime punishable by law with -LAHCEWr AND SIMILAR OFFENCES. '595 death or penal asrvitade for not less than ? years^or of liny assault -with intent to commit any rape, or of any attempt or endeavor to commit any lape, or of any infamous orime as atler .defined, with a view or intent in *- ^ny of such, cases.to extort or gain, by means of Buch letter or writing, any - .• .property, chattel, money, valtiable security or other valuable thing from any parson : Felony ; penal servitude for life, or not less than 3 years, or im- prisonment not exceeding 2 years, with or without hard Jabor, and with or without ^olitai'y confinement. • The abominable crime of Buggery, com- mitte J either with mankind or beast, and every assault with intent to com- mit the said abomittaljte crime, and every attempt or endeavor to commit » tJie said^bominable crime, and every solieit&ou, persuasitn, promisfe, or threat .offered or made- to any person whereby to induce such person lo' commit or permitlihe said ahoifiinable crime, shall be deemed an infamous ■ Clime within this- Act, 27 'V.,-S. 1, e. 33, s. 31. Accusing or threatening to ac'cuge either the person to whom such ac- Acca sing or cusation or threat is made, or any other persoii of any 'of the infamous or threatening, &c, other" crunes lastly before mentioned, . with a view or intent in any oi- gl '"'*°''* ™™''''- the cases last aforesaid, to extort or gain from the person so accused, or thieateued to be accosed, or from any other person, any property, chattel, money, valuable security, or other valuable thing : Felony ; penal s»rvi- tnde for life, or for notiess than 3 years, or imprisonment not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 33, s. 32. ' With intent to defi-aud or injm-e any other person by any unlawful vio- Ace using or lence to, or restraint of, or threat of violence to, - i • i j.' ■ n n. , ^ t * » , teiinB a dwelling ureaUing ana entenug ,S4ny owelhng-honse, church, chapel, meetmg- , ?hS &^°Bii°op ^P™^ ™" °™®i' P'ace of Divine worships or any building within the cut. to. with li'tantto tilage, school-house, shop, warehouse ny"''"'°'"°°''°''' '^^""^ conviction either foj Felony or Misdemeanor, shall be liable on such subsequent conviction to penal servitude .not exceeding 10 years, nor leas than 3 years, or imprisonment not exceeding 2,years, with or without hard labor, 27 V., S. 1 ^ 33, s. 44. r" i aw'eiifng' hoifse'°of . Stealing ift ahy dwelling-bouse any chattel, money or valuable seou- thcTaii^ of jC3 rity, to the value in the wbole of £3 or more : Felony ; penal servitude not" exceeding 14 years;, nor less than 3 years, or. imprisonment, not exceeding 2 years, with or without hard labor, and with or without solitary confine- ment, 27 v., S. 1, 0. 33, B. 4S, .^ witii monnneos Stealing any chattel, money, or ;valuable secarity in .any dwell'ng • duy ?"»? "^ house, and by any menace or threat putting any on^ being tJiereln inbodily fear : Felony ; penal servitude not exceeding 14 years, norl^ss than 3, or' ihipriBonment not exceeding 2 years, with or without hard labor,, and with or without solitary confinement, 27 v., S. 1, o. 33, s.-4fi. nrocesso^manufa'" Stealing to the vaUie of 10b. any goods or articles of manufacture, ture, value los whilst laid, placed, or exposed during any stage, process, or progress of manufacture in any bnildmg, field, or other place : Felony ; penal servitude • not exceeding 14 years, nor less than- 3, or impi'isonmeiitnot exceedsng 2., years, with or without hard labor, and with or without solitary confine- ^ meut, 27 v., S. 1, c. 33, s. 47. * Exportable pro- . If ally Sugar already manufactured, or iu the process of manufacture^ duee to »ie value of of any Coffee or Pimento, Ginger or other valuable Produce commonly ■ s'ea""" h warrant used for e.xportiition in the Island, being of the value of Is. at the least, is, without a Batisfac- by virtue rif fi Search Warrant, to be granted as after .mentioned, (S 87) toryaccount found in the possession of any person, or on his premises, with ,his_ know- ledge, and such person, being taken before a Justice, shall not satisfy the Justice that he came lawfnlfy*by the same, he shall, on conviction, forfeit > and pav, over and above the value of the ai'ticle so found , not exceeding '% £6, 27'V., S.],c. 33, s. 48. ■ f stoalineinavoasel Stealing any goods or merchandize in any vessel, canoe or boat of any or from aw ar description whatsoever, in any haven or port of entry, or discharge, on any _ navigable river, or in any creek or basin belonging to, or communicating with such haven or port, or river, or stealing any goods or merchandize, from any wharf or quay : Felony ; penal servitude not exceeding 14 years, nor less than 3, orimpriBonment not exceeding 2 years, with or without bard labor, and with or without solitary confinement, 27 V., S. 1, c. 33, s. 49, / , . > LARCENY AND SIMILAR OFFENCES. 397 Plnndering or stealing any park of any aM*or vessel in distress, or Plunderingwreoks wrecked, stranded, or cast on shore, or any goods, merchandize, or articles loSgiuB tiwroto of any kind belonging to safeh ship or vessel ; Felony ; penal servitude not exceeding 14 yeais, nor less than 3, or imprisorimeut not excEieding 2 years, with or without hard labor, and with or without solitary confine- ment ; and the offender may be indicted and tried either in the parish or precinct in whioli the offence is committed, or any next adjoining, 27 V., * S. 1, 0. 33, s. 50. i If any goods, merchandize or articles of any kind belonging to any Wrecked gools ship or vessel in distress, or wrecked, stranded or cast on shore, are found '°j5*„ 5,° J™ mfo i» the possession of any person with his knowledge, or on the premises of not satiafaotoruy suaf person with his knowledge, and such person, ueing taken or summoned "«=» u n t i n g m before a Justice, shall ftot satisfy him that he came lawfully .,by the same, "'" they siiall, "by order Of the Justice, be forthwith delivered over to, or for the use of the rightful' owner, and the offender, shall, on conviction _ by him, be committed to the Common Gaol or District Prison, or General Penitentiary, to be imprisoned only, or to hard labor, not exceeding i pay, over and above the value, not exceeding £12, 27 6 montliB, or forfeit aud V.,S. 1,0. 33,8.51. If any person offer or expose for sale any goods, merchandize or arti- oirering wrockeil cles unfewlully taken, or reasonably suspected to have been taken from gooOe for bbiq, nna nny'sHp 6r vessel in distress, or wrecked, stranded, or cast 6n shore, any JcconnHnB''o?pof- person (k> whom lihey shaiU be offered for sale, br Officer of Customs or session Peace Officer, may lawfully seize the same, and with all convenient speed, carry the same, or give nfttiee of such seizure to some Justice ; aud il the person v^ho has offered or expntred the same for sale being summoned, does not appear and satisftr the Jusli ' that became lawfully by such goods, merchandize or articles, they shuli. by his order, be forthwith delivered over to, or fbr the use of the rightful iwner, upon payment of a reasona- ble reward (to be ascertained by^flje Justice) to the person who seized ; and the offender shall, on conviction fry him, either be committed to the Com- mon Gaol, District Prison or Gelferal Penitdntiary, to be imprisoned or kept to hard labor for notixcaeding 6 months, or else shall forfeit and pay over and above the value of tie goods, meichandize or articles, not ex- ceeding £12, 27 v., S. 1, c. 33, s.152. Whosoever being a Clerk or servant, or being employed for the pur- Lwcenybyoloike pose, or in the capacity of a Clerk or servant, steals any chattel, money or <"^>"^»"'» valuable-security belonging to, or in the possession or power of his Slas- ter or employer, shall be .guilty of Felony : penal servitude not exceeding 14 years, noi- less than 3 years, or imprisonment not exceeding 2 years, with or withont hard labor, and with ' or without solitary couflnemeut, 27 v., S. 1, c 33, s. 53. ' Whosoever being a CWk or servant, or being employed for the pur- Embezzlement by pose or in the capacity of a Clerk or servant, fraudulently embezzles any eierks or sarrunti chattel, money or valuable security delivered to, or received or taken into possession by him for, or in the liame, or on the account of his Muster or employer, or any part thereof, shall be deemed to have feloniously stolen the same from his Jiaater or employer, although not received into the posses- sion of such Master or employer, otherwise than by the actual possession of his Clerk, servant, or other person so employed: penal servitude not ex- ceeding 14 years, nor less than 3 years, or imprisonnient.not exceeding 2 yearsf with or without hard labor, aud with or withont solitary confine- ment, 27 V., S. 1, c. 33, s, 54. Whosoever being employed in the Public Service of Her Ma,jesty, or Leroeny by per- befng a Constable or other person employed in the Police of any city, sons in the pubiio parisii, precinct or place, shall steal any chattel, money or valuable seen- »»">™ rity belonging to, or in the possession or power ot her Majesty, or intrusted to or received, or taken into possession b_y him by virtue of his employment, • shall be guilty of Felony : penal servitude not exceeding 14 years, nor less than 3, or imprisonment not exceeding 2 years, with or without hard labor, and with or withont solitary confinement, 27 V., S. 1, c. 33, s. 55. Whosoever being employed in the Public Service of Her Majesty, or EmboMiementby being a Constable, or employed in the Police of any County, City, District RrSe^Se orSS^ or place whatsoever, and intinsted, by virtue of such employment, with the stables receipt, custody, management or control of any chattel, money or valuable eecunty, embezzles any chattel, money or valuable security intrusted to, or receivedor taken into poBseSaion by him by virtue of his employment, or any part, or in any mannner, fraudulently applies or disposes of the same, or 398 LAECUNY AN35' SIMILAR OFFENCES. any ^art, to his own use of benefit?, or I'or any purpose,;exoept for the Pnhlic Service, shall be deemed to have feloniously stolen the same from Her ♦ Majesty: 'penal servitude not exeeeding 14 years, nor lees than 3, or im- prisonment, not exceeding 2 years, with or withouthard labour.* Offenders against this or s. 55, shall be dealt with, indicted, tried and punished, eithei' in.tjje county or place in which they are appjehended, w are in custody "or have committed the offence ; and m evejy case of Larceny, em- bezzlement or frauduT^t application or dispoeitio^-of any chattel, money ' • or valuable security in this, or s. 55, in the Warrant of Commitment and Indictment, the property may be laid in H. M., 27 Vi, S. 1, c. 33, s. 5C. - 3Dia«nct.aot8 of For preventing dilhculties in the prosecution of offenders, in any case b? charged "in "no of embezzlement, fraudulent,appIication or disposition before mentioned, it indictment; dcs. shall be lawful to charge in the IndiiCtment and proceed .fQ^^^my number, ?»iunbio°TcuritJI ^°t exceeding.3 distinct acts of eriobezzlement, or of fi>3ulent applica- embozziement ' tion or disposition committed ag|^et Her Majesty, or against the same Mas- ter or employer, within 6 montrajfcom the first to the last act.- In any Indictment where the offence relates to any money or .valuable seciiiity, it shall be sufficient to allege the embezzlement or frandiilent application or disposition to he-of money, without specifying- ^ny particular Coin Or val- * uable security; and such ailegati&iu so far as regards the description of the property, shall be sustained if the^ME^der is proved to have embezzled or fraudulently applied or disposed ■(& any amount, although the partionlar species of Coin or valuable security, of which such amount was composed^ is not proved, oi' if' he is provSd to have embesszled or fraudulefltly applied or disposed of any piece of Coin, or valuable secuKt'y, or any portion oi the value, although suon piece of Coin or valuable security.. may have been delivered to him, in'order that some part of the value should be returned to the party delivering the same, or to some other person, and such part.has been returned acaordingly, 27 V., S. 1, c. 33, s. 57. ... Fcisons indicted If upon the' trial of any person indicted for embezzlement, or fraudu- for ombBzziemont (g^j application or disposition, it is proved that he.tooli the property in any S'^of "laroony^^r such manner as to amount. in law to Larceny, .he shall not be entitled to 1 °'°»,°i»°f mi.«°/ ^^ acquitted, but the Jury may jeturn as their verdict that lie is not guilty «m .«».. ^^ embezzlement or fraudulent application' or disposition, but is^ guilty of Simple Larceny, or of Larceny as a clerk, servant, or person emplpyed for the purpose or in the capacity of a clerk or servant, or as a person em- ployed in the public service, or in the Police, as the cSisQ may be ; and thereupon he eball be liable to' be punished as if he had been convicted upon an Indictment upon such Larceny If upon the trial of any person in dieted for Larceny, it is proved that he took tlje property in any sjich man- ner as to amount in law to embezzlement' or ft-audulent application or dis- ' position, be shall not be 'eiititled to be acquitted, but the Jury may retuin as their verdict, that he is notguilty cf l,ai-ceny, but is guilty j)f embezzle- ment, or frau^tlulciit application or disposition, as the cai-e 'may \^ ;- and the person may be punished as if convicted, iipun an Indif-' inent for such embez- zlement., &.C. ; and no person so tried for embezzlemi.ii„, &c., or for Larceny, shall be liable to be afterwarils prosecuted upon llie same facts, 37 v., S. 1, 0. 33, B. 58. Larceny by ton- Whosoever shall steal any chattel or fixture let to be used by him nnte or lodgerB or her in or with any. house or lodj^iiig, whether the contract, be entered into by him or hfej-; oi- her husliaiid, or l)y any person on behalf of bim or Jjer, or her husband : Felony, imprisonment not- exceeding 2 yeai-s, with or without hard labor, and witli or without sohtary confinement-, and in case Where value ex- the value exceed £5, penal servitude not exceeding 7 years nor less than ceeds £5 3, or imprisonment not exceeding two years, -with or without hard Indictment labor and with or without solitary confinement. In every case ol^ stealing any chattel in this section mentioned, an Indictment may be preferred iu the common form as for Larceny, and in every case of stealing any fixture in this section mentioned, the Indicljment may be in the same form as if the offender were not a Tenant or Lodger ; and in either case the property may be laid in the owner or person letting to hire, 27 V., S. 1, c. 33, s. 59. Frauduient^^ooii- Whosoever having been intrusted, either solely or jointly with any raerohania.bvokevsl Other person as a Banker, Merchant, Broker, Attorney, or other Agent, with attorneys or agent! jjny money, or security for the payment of money, with any dii-ection in moMys, chatttiVov Writing to apply, pay, or deliver such monev or security, or any part secm-itioa, under thereof, (or) of the proceeds, or any part of tlie proceeds of such security, o7without'a°uthori' f""" ^"y purpose or to any person specified in such direction, in violation larceny of emboz- zlement LARCENY AiJn SIMILAR "<)FPENOE». ^ 399 of jQod faith, and c<^trai'y to the or fund of any Bodj Cijrporate, Company, or Society, for safe custody or for any special purpos^ without any authority to . sell, negotiate, transfer, or plejl^e,"in violation of good faiih^ and contrary to- the object or purpose , forvwnichit was intrusted to him, sells, negotiates, transfer'?, pledges, or « in any manner convevts to his own use or benefit, or to thp use or benefit of any person oi her.tlian that by whom he was so irtrnsted, such chattel or se- curity or the prenefit, or the use or bene- fii of aiiy person other than that by whom he was so intrusted : Misdemea- nor; liable to any of the punishments tho-Oourtmay award under s. 60,27 v., S. l,c. 33, s."61. Whosoever being intn^sted, either solely Of jointly with any other Fraudulent sales person, with any power of attorney for the sale or .transfer of any property, per8SnB''™entpusteJ fraudulently sells, transfeis, or otherwise converts the same or any part with powers of at- to his own use or benefit, or the use or benefit of any pereon otiier than tomoy that by -whom be" -fras so entrusted: Misdemeanor; liable to any of the pnnisfiments asabove, 27 V., S.'l, c. 33 s. 62. Whosoever, being a Factor or Agent, intrusted either solely or jointly Factors firaudu. with any other person for the purpose of sale, or otherwise, with the '^vmcoon'tho'pSj? possession of any goods, or of any document of title to goods (see s. 1) , con- perty of tiioir prin- trary to or without the authority of his principal, for bis own use or bene- oiP"!" fit, or the use or benefit of any other person than that by whom he was so intrusted, and in violation of good faith, makes any obnsignment, deposit, transfer or delivery of any goods or document of title so entrusted to him aS in this section before mentioned, as and by way of a pledge, lien, or security for any money, or valuable secunty borrowed or received by such factor or agent, at or before the time of making such consignment, deposit, transfer or delivery, or intended to be thereafter boiTowed or received ; or contrary to or without such authority, for his own use or benefit, or the use and benefit, of any other person than that ly whom he was so intrusted, and in violation of good faith, ac- cepts any advance of any money or valuable security on the faith of any contract or agreement to consign, deposit, transfer, or deliver any such goods or document ot title, shall be guilty of a Misdemeanor, and liable to any of the punis'hments as above. Lvery Clerk ciei;ks wilfully or other person, knowingly and wilfully acting and assisting in making any ""s's'ine such consignment, deposit, transferor delivery, or in accepting or procur- ^tor'tno'^pfldse iug such advance, shall be guilty of Misdemeanor, and liable to any of the does not eioeed the same punishments. No such Factor or Agent shall be liable to any prose- »^^<»">' «' "-eir 400 , Defini 1 1 u a of terms Ploflge— Lien Fossessed Con tract or agreement Payment Foasensiou, evi dence of entraeting unless the contrary is shewn Trustees frauilu- lently disposing of, or destroying pro- perty No prosecution to be commenceil witti out the sanction of a Judge or the At- torney General Directors, &c. of corpora t i o n s or public companies fraudulently appro- priating property Or keeping frau- dulent accounts Or wilfully des- troying or falsify- ing books, &c. LARCENY AND SIMILAR OFFENCES. cufciou for oonsi^ing, depositing, trausfeixing or delivering any such ^oods, or docaments of title, in case they are not made a security for, or subjeotto the payment of any greater sum - than the amount which at' the time of such consignment, deposit, transfer or delivery veas justly due and owing to such Agent from his Principal, together with the amount 'of any BilT^of Exchange, di'awn by or on account of such Principal, and accepted by sack Factor or Agent, 27 V., S. 1 , c. 33, s. 63. Any Factor or Agent intrusted aa aforesaid, and possessed of any such ■ document of title (see -s. 1), whether derived immediately from the owner of such goods or otherwise, by reason of such Factor or Agent having been in-, trusted with the possession of the goods, or of any other document of title • thereto, shall be deemed' to have been "intrusted" with the possession of the goods represented by such document of title ; and every couttact pledging or giving a lien upon such document of title shall be deemed.a " pledge" of, or " lieu'' vipon the goods to which it relates ; and such Factor or Agent shall be deemed to be 'possessed' of ^ such goods or document, whether in his actual custoijy or held by any other person, subject to his control, or for him, or on his behalf Where any U)an or '! advance'' is bona fide made to any Factor or Agent intrusted with and in the posses- sion of any such goods or document of title, on the faitli (rf any contract or agreement iu writing, to consign, deposit, transfer or deliver such goods or document of title, and such goods or documents of title are actually ^received by the person makftig such loan or advance, without notice that the Factor or Agent was not authoi'ized to make such pledge or security, every .such loan or advance-shall be deemed to be a loan or advance on the seouritv of such goods or document of title within s. 63, though not actually received by the person making such loan or^advance till the perioJ subsequent thereto. Any ■ 'contract or af,'reement,' ' wh'ether made direct by such Factor, or vri th any clerk or person on his behalf, shall be deemed a contract or agreement with such Factor or Agent, and any payment made, whether by money 'or Bill of Exchange, or other negotiable security an " advance," within s. 63; and a Factor or Agent in possession aa aforesaid of sacb goods o^ document, shall be taken, lor the purposes of s. 63, to have been intrasteatherewith by the owner, unless the contrary be shewn in evidence, 27 V., S. 1, c. 33, s. 64. Whosoever being a Trustee (see s. 1) of any property for ■ ^°' J'^.'J'"' by any Trustee, having for its object the restoration or re-payment of any '>'°^°' ''"■='= ° trust property misappropriated, 27 V., S. 1, c. 33, s. 71. By any false pretence obtaining fi-om any other person any chattel, Obiainins goods, money or valuable securicy, with intent to defraud : Misdemeanor, penal ser- *^j J"^ '""^ ""' vitude for 3 years, or imprisonment not exceeding 2 years, with or wit.hout „ , j^^ hard labor, and wither without solitary conKiiement. If upon the trial of (sa booaus" thoV- aBy person indicted for such Miademeanor, it is proved he obtained the fouoo amounts to Eropertv in question in any such manner as to amount in law to Larceny, '"'"^y e shall not be entitled to be acquitted of such Misdemeanor ; and no per- son tried for such Misdemeanor shall be liable to be afterwards prosecuted idr Larceny upon the same facts. It shall be euliioient iu any indictment fjr indiotmont iutoni obtaining or attempting to obtain any such property by false pretences, to allege to dofi-aud that tlie accused did the act with intent to defraud, without alleging an intent to defraud any particular person, and without alleging any ownership of the chattel, money or valuable security ; and on the trial it shall not be neces- sarj' to prove an intent to defraud any particular person, but auflScient to prove that the party did the act charged with an intent to defl'aud, 27 V., S. 1, c. 33, a. 72. Whosoever shall, by any false pretence cause or procuK any money Whoro luo money, to be paid, or any chattel "or valuable security to be delivered to s™? '^"pprfJ^'j^'J^f jv* other person for the use or benefit, or on the account of the person mak- faiae pra'tenoo"'^ ' ing such false pretence, or of any other person, with intent to defraud, shall be deemed to have obtained such money, chattel or valuable security within the meaning of the last preceding section, 27 V., S. 1, c. 33, s. 73. With intent to defraud or injure any other person by any false pretence, inducing persons fmudulently causing or inducing any other person to execute, make, ac- by false pretence to cept, indorse or destroy the whole or any pai-t of any valuable security, oihS'Sstrmenta"'' or to write, impreas, Sr affix hia name or the name of any other person, or of any company, firm or copartnership, or the Seal of any Body Corporate, Company or Society, upon any paper or parchment, in order that the same may be afterwarda made or converted into^ or used or dealt with as a valuable securi^r: Misdemeanor; penal servitude for 3 years, or imprison- ment not excoedSng 2 years, with or without hard labor, and with or with- out solitary confinement, 27 V., S.l, c. 33, s. 74. ' 30 409 . '^' I4ABCENV AND StMIi,A.R OfFENOBS. "s KeoeiTing stolen > WioBOever sball receive any chattel, money , valuable eecurUy ov othei' pScVpui u eui'itj pK>p6l*yi the <6tealiiig, taking, extorting, obtaining, -embezzling or Other- ofTciony " wise disposing w&ereof amonnts to a Fel6ny,*either at Common Law or by this^ct, knowingthe same to have been felonioiisly Btolenj-taken, extoi-ted, obtained, embezzled.or aisposed of, shall be guilty of Felony,* and may be indicted jand convicted either as au accessory after the faot or for a sub- stantive Felony.; and in the latter case, whether the principal felon has or has not been previously convicted, or is or is not amenably to justice. Every such receiver, howsoever convicted, shall be liable Ijo penal servi- tude not exceeding 14 years, nor leBsthan.3, or imprisonment not exceed- ing 2 years, with or without hard labor, and with or without solitayy con- finement. No person, however, tried for receiving as . aforesaid, shall be liable to be, prosecuted a second time toi the same offence, 27 V., S. 1, c. 33, S. 75. ■ - y .._'■■ ^ * ludictmeut fci- In any Indictment containing a charge of feloniously stealing any pro- cdJin? """^ " perty, counts may be added for feloniouely receiving the 'same or any part, knowing it to have been stolen, and in atiy Indicfiieut fop feloniously re- ceiving any property knowing it to have been stolen,' a count may be added for feloniously stealing the same ; and where any such Indistment is pre- ferred and found, the prosecutor shall not be put to his election, but the Jury who try the same may find a verdict of guilty, either of stealing the property, or of receiving the same or part, knowing it to have been stolen ; and if preferred and found against two^or inore persons, may find all or any of them guilty, either of steahrig the property or of receiving the same or part, knowing It to have been stolen, or one or more guilty of stealing the property, and the other or others guilty of receiving- flie same, or part, knowing it to have been stolen, 27 V., S. 1, e. 33, s. 76. Sepavnte receivers Whenever any property has been .stolen, taken, extorted, obtained, S'samo^iiiaKjBBinlt embezzled or otherwise disposed of, in such a manner as to amount to a in the absence of Feloiiy, either at common law or by this Act, any number .of receivers at tiie principal diifereut times ofsuch property Or part thereof, may be charged with sub- stantive Felonies in the same Indictment, and tried together, notwithstand- ing that the principal felon is not included', or is not in custody, or amena- ble to justice, 27 -v. , S. 1, c. 33, s. 77. On maiotment for If on the trial of two or more indicted for jointly receiving- any pro- Jointiy roooiving, pepty_ It is proved that one or more separately received anv part or parts SepamwiT'eVlySg ofsuch property, the Juiv may convict upon'such Indictment such of the parts of the proper- persons asare proved to have received any part or parts of such property, tymey bo convicted gj. y^ g j^ c.iSS, S. 78. BcccivtoK where Receiving any chattel, money, valuable Security Or other property, the the principni was gtealiuo-, taking, obtaining, couverting, or disposing whereof is made a mo"nor°^ " Misdemeanor by this Aotj knowing it to have been unlawfully stolen, &c. : Misdemeanor; and the receiver may be indicted and convicted, Wi|ie,ther the person guilty of the principal Misdemeanor has or has not _hg^'teviously convicted , or is oris not amenable to justice. Every eiich recover shall be liable to penal servitude, not exceeding 7 years, nor less than S.orimpii- Bonment not exceeding 2 years, with or witnont hard labor, and wither without solitary coniinement, 27'V.,S. 1, c. 33, S..79. ■\yhoever receives any chattel, money, valuable security or other pro- triibie " '" porty, knowing the same to have been feloniously or unlawfidly stolen, taken, obtained, converted or disposed of, may, whether charged as an ac- cessory after the fact to the Felony, or with a substantive Felony, or with a Misdemeanor only, be dealt with, indicted, tried and punished, 'n any pa- rish or precinct in which he has or had any such property in his possession, or in which the party guilty of the princip'al Felony or Misdemeanor may by law be tried, in the same manner as such receiver may be. dealt with, &c , in the parish or precinct where he actually received such property, 27V.,S. l,c. 33,B. S(T. Receiver where 'Where the stealing or taking of any property hty this Act punishable the steeling Is pan- on summary couviction, either for every offence Or for the first and second ishabio »" ?. " "■■ offence only, or for the first offence only, any person who receives any such m»ry conviction property knov,'ii)g it to have been unlawfully come by, on conviction before a Justice, shall be liable, for every first, second or subsequent offence of re- ceiving, to the same forfeiture and punishment to which a person guilty of a first, second or subsequent offence of Btealing or taking such property is by this Act made liable, 27 V., S. 1, c. 33, s. 81. ■ LARCENY AND SIMILAR OFFENCES. 403 Incase of every Felony under this Act, every principal iu the second n/^JilS!^.!^ ''"'' degree, and every accessory before the fact, shall be punishable iu the same ™.,S , ' Setto. manner as the principal iu the first degree is by this Act punishable, i" mUiiemean.r Every^cesewry after the fact to any Felony under this Act (except only a receiver of ItcdeB property), shall be liable, on oonvictiou, to imprisonjnent not ezoeeding 9 years, with or without hard labor, and with or wlthput Bolitai'y confinement. Persons who aid, abet, counsel or procure the-oom- mission Of any Misdemeanor under this Act, shall be liable to be indict- ed, and punished as principal offenders, 27 V., S. 1, c. 33, s. 82. Wiiosoever shall aid, abet, counsel or procui-e the commission of any Aiding ana abot- offence Punishable ouBummary conviction, eitlier for every time of coramis- ffiwo on' fnm- sion or for the first and second time only, or for the first time only, shall, mmy conviotion on conviction before a Justice, be liable for every first, second or subse- quent offence of aiding, &c., to the same forfeiture and punishment a per- son guilty of a first, second or subsecraent offence as a principal offender is' made lialrle, 27 V., S**, c. 33, b. 83. 'K " ■ if any person guilty of any Felony or Misdemeanor mentioned iu this Restitution of Act, m stealing, taking, obtaining, extorting, embezzling, convei-ting or "Won property nf- disposing of, or in knowingly receiving any chattel, money, valuable a«ua™bto°M° e|? geounty or other property, ie iuiflicted for such offence by or on behalf of the tftwo seour 1 1 1 e s owner, or his fcxeonror or administrator, aud convicted thereof, the property j",?^", ^*». p"'^ f°J shall be restored to the owner. Or his representative, and the Court may value or prosecu- award Writs of Restitution for the property, or order restitution in a suta- ^l""' "' tvustoes, mary manner. If it appea- s before any awarder order is made, that any ^oafordo'oum"".. valuable security has been bona fide paid or discharged by some person or of title to goods Body Corporate liable to the payment, or, being a negoiiable instrument, has been bona fide taken or received by transfer or delivery by some person or Body Corporals for a just and valu-tble consideratiou, without any notice or any reasonable cause to suspect that the same had by any Felonv or Misdemeanor been stolen, taken, obtained, extorted, embezzled, convened or disposed of, the Court shall not award or order restitution of such secu- rity. Nothingin this section shall apply to the case of any prosecution of any Trustee, Banker, Merchant, Attoruey, i'actor, Broker, or other Agent, entrusted with the poi^sessiou of goods or documents of title to goods' (see B. 1) for any Misdemeanor against this Act, 27 V., S. 1, c. 33, s. 84. Corruptly taking any reward, directly or indirectly, under pretence, Oomiptiy 'takinB or upon account of helping ajiy person to auy chattel, money valuable secu- to^Jo* /^c'eTft^'",?! rity or other property, which by any Felony or Misdemeanor nas been stolen, stolen property taken, obtained, extorted, embezzled , converi^ed or disposed of, as in this Ju'*2" . ,°fij''i Act before mentioned (unless the party have used all duejdiligence to calise » « ™ ^^ » " the offender to be brought to trial for the same) : Felony ; penal servitude not exceeding 7 years, nor less than 3, or imprisonment, not exceeding 2 years, with or without hard labor, and with or without solitary confln(S- ment, 27 V., S. 1, c. 33, s. 85. , _ 'i ' Whosoever shall publicly advertize a reward for .the return of siny i AdTeriisine a property which has been stolen or lost, and in such advertisement nee any tum^of stSien "pro- words purporting that no questions will be asked, or shall make use of any pwty, and iiint no words lu any public advertisement, purporting that a reward will be given SJ""", a^reword or paid for any property which has been stolen or lost, without seizing or paid without en- making any enijuiry after the person producing such property, or shall o,°'uio°Bro»ert"r°*. Eromise or offer In any such public advertisement to return to any pawn- turned, printing oV rokei, or other person who may have bought or adv#iced money by way P"™ siiinB any of loan upon any property stolen or lost, the money so paid or advanced, oi: ' adTertiiemont any other sum of money or reward for the return of such property, or shall print or publish any snch advertisement, shall forfeit £50 for every such offence, to any personwho will sue for the same by action of debt, to be re- covered with full costs of suit, 27 V., S. 1, c. 33, s. 86. Any person found committing any offence punishable either upon iu- PorsonB found dlctment or upon summary conviction by virtue of this Act, may oe im- maybe''amrfhand° mediately apprehended, without a warrant, by any person, aud forthwith ed without war taken with snch property, if any, before a neighbouring Justice, to be dealt "■'"' ; with according to law. If any credible witness prove, on oath before a Jus °'"° ""'"' ' tice, a reasonable cause to suspect that any person has in his possession or on his premises auy property on or with respect to which any offence, pun- ishable either upon mdictment or upon summary conviction has been com- penons to whom mitted, the Justice may grant a warrant to search for such property, as in the property ie offered case of stolen goods. Any person to whom any property is offered to be sold, '^' ^°'^°°' iu '""'^ 404 LARCENY AND SIMILAR OFFENCES. pawnei^r delivered, if he has reasonable cause to suspect that any such offence has been committed on or with respect to such property, is authorized, =.and, if in his power, requii'ed to apprehend and forthwim to take before a Jnstioe the p^rty* offering the same,, together^ with such propert^^tO;be dealt with according tolaw, 27 V., S.l, c. 33, s. 87. , , ,, nt^SS Ma°'.us? Any Constable or Peace Offi(jsi-,'may take 'in to custody, 'without war- picteii of felony rant, any person he finds lying or loitering in any highway, yard- or otlier place during the night, and whom he has good cause to suspect of feavill|; committed, or being about to commit atoy Felony against this,Act, and take him as soon as reasonably may be before a Justice, to be dealt with accord- ing to law, 27 v., S. X, e. 33, s. 88. " . . • - CompeUing ap- Where any perBon is. charged, on tKe oath of a credible witness before pun^ah^bie'on's^' ti Juslice, with any offence : punishabiii on summary conviction under this mary conviction ' Act, the Justice may smmon the party charged to appear at a'timeaftd • place named in the summons. If he does not 'appear- a(!cordingly, then (Upon ppoof of the due service of the summojis upori^snch per^on^ by deli-' vering the same to him personally, or by leaving the same at his nslial place' of abode), the Justice may either proceed to hear and deterarfne the c^se ex parte, or issue his Warrant for^apprehending such person, and Bringinglhim before himself or some otjier Justice; or the Justice before whom the -charge is made, may, if he thinks fit, without any previous sumnions (unless whfere .. otherwise Bpecially directed) issue such warrant, and the Justice tefore * whom the person charged appears or is brought, shall proeeed to hear and determine the case,' 27 V., S. 1,' c. 33, s. 89. Appiio 1 1 i o n of Every sum of money forfeited-on any summary eonviction for the va- '"'"itie" ' ° ' ""^ '°® °^ ^"y P''°P8i''y stolen or takeUj or for the amount of any injury done ''™'' ' (such value or amount to be assessed in each case by the .convicDing Jus- tice), shall be paid to the party ^aggrieved, except where he is unknown, and in that case shall be applied in the samemanner a& a penalty* Every Bum imposed as a penalty ,-whether in addition to such value or amount, or otherwise, shall be pajd and appUed in the same manner as other penalties . recoverable before Justices, in ciises where the statute imposing them poreonBjoin'in com- poutalns uo direction for payment to any person.- Where several persons mission of tiie same join in the commission of the same offence, and, on conviction, are each ad- offence judged to forfeit a sum equivalent to the value of the property, or amount of the injury, no further sum shall be paid to the party aggi-ieved than such value or amount, and the remaining sum or sums forfeited shall be applied as any penalty imposed by a Justice as before directed, 27 V., S.l, o. 33, s. 90. Commiiment for ^" every case of summary conviction, where the sum forfeited for the non-payment; scale value of the property Stolen or taken, or for the amount of the injury done, of imprisonment or imposed as a penalty is not paid, either immediately after conviction, or within such period as the Justices at the time of con-viction appoint, the convicting Justice (unless -svhere otherwise specially directed,) may commit the offender to the Common Gaol or District Prison , or the General Peni- Not oxoeedine: 2 tentiary, there to be imprisoned only, or to be imprisoned and kept to hard B6rty'"&o''do'B'not l^^*™ not exceeding 2 months, where the amount of the sum forfeited, or o 1 e a £s; 4 the penalty imposed, or both, as the case may be, together with the costs, do months -wiw™ not not exceed £3 ; or not exceeding 4 months where the amount with costs oicMataf 6 m'onfhs does not exceed £6, or not exceeding 6 months in any other case ; the com-' in any other case, mitment to be determinable in each of the oases, upon payment of the payment^ °° amount and costs, 27 V., S. 1, c. 33, s. 91 . Discharge on first When any person is summarily convicted before a Justice against this ine^satSfnctron "''' ■^'^^> ''"'^ '' '^ ^ °''^* coDviction, the Justice may, if he think fit, discharge the offender from his conviction, upon his making such satisfaQtion to tSe party aggrieved for damages and costs, or either, as shall be ascertained b3f->--' the Justice, 27 V., S. 1 , c. 33, b. 92. f. - Summary c o n- In case any person convicted of any offence punishable upon summary othe'r prooeea?ngs ° conviotiou by virtue of this Act, has paid the sum adjudged to be paid, with costs, under such conviction, or has received a remission from the Crown, or suffered the imprisonment awarded for non-paymeut, or the imprison- . ment adjudged in the first instance, or has been so discharged fi-om his con- viction by any JuBtice, he shall be released from all further or other pro • ceedmgs for the same cause, 27 V., S. 1, c. 33, s. 93. App«»l Nothing herein shall deprive any person who thinks himself aggrieved by any summary conviction, of his right of appeal, under 21 V., c. 22, or any other Act, 27 v., S. 1, c. 33, s. 94. LARCENY AND SIMILAR OFFENCES. 405 No convictionoradjudicationonappeal therefrom shall be (inasheAfov NoMoboqujsuea \ want, of Form, or removed hy Certiorari into the Supreme Court ; and no g^ ^'""' "' '"''"'' VVai-rSnt of Commitment shall be held void by reason of any detect, pro- Videilit be therein alleged that the party has been convicted, and there be 'iSi godd and yalid conviction to sustain it, 27 V., S. 1, o. 33, s. 95. All Actions and prosecutions for aiixthhig under this Act, shall be laid Protection from ^nd triedni the parish or precinct where the laot-was committed, and com- °°"°" Aenced within 6 months after, and not otherwise : and notice in writing of thetAction ana cause thereof, given to the defendant one monjh at least be foreNihe commencement of the Action. The defendant may. plead the gene- ral isSie, and give the special matter in evidence. Ifq "plKmirff shall recQve'r in any Action, if tender of sufficient amends, are made before Action brought, or a sMficient sum psiid into Court afterwards'^ by or on behalf of the de- feudantv' If a verdict'pass for the de;£endant, or tne plaintiff become non- suit, or ubcontisne' aftef issue joineiJ, or jf upon . demurrer or otherwise, Juagment\ given against the plaintiff, the defelidant shall recover full costs ag bet^jeen Attorney and Client, and have the like reme_dy as aiiy defendant in6(her cases ; and though a verdict is given for the plaintiS', he Shall'not have sosts, unless the judge certify his approbation of the Action, 27 v., S. 1,0.33,8.96. . : - All indiotableVoffences in this Act, committed within the jurisdiction of Oir«nc»» commit the Vice 'Admiralty of this Island, shall be deemed otfeiiceB of the same *f j'a,rt ™ " ot the nature, and liable to' the same punishments as if committed upon land in yieo AdutriiUy this Island, and dealt with, enquired of, tried-and determined in any parish or precinct in which the offend r is apprehended or in custody. In any , Indictment for any such 6ffeno6, o • for being an aoeessopy to any such of- fence, th* venue m the mm-gin sh.. : i he- the same as if the offence were committed in the paiish or ptecinct, ;uid tbfe offence itself averred to have been committed " on the high seas." If any person is tried and convicted, before any Court m this Island for any offence under the authority of this section, he shall be liable to, and shall suffer such punishment, forfeiture or penalty, as he v,'Ould he subject to in case such offence had been commit- ted, and was enquired of, tried and determined in England, anything in th'B Act to the contrary notwithstanding. Nothing, herein shall alter or affect any of the laws' relating to the Government of H. M's. Land or Naval Forces, 27 v., S- J, c. 33, s. 97. In any Indictment for any offence punishable under this Act, and com- indictment for s mitted after a previous conviction or convictions for any Felony, Misdemean- J^j^"™' °'™°a or, offence or offences punishable upon summary conviction, it shall be pooof of prerioui sufficient after charging the subsequenlf offence, to state that the offender offence was at a certain time and place, or at certain times and places, convicted of Felony, or of an indictable Misdemeanor, or of an offence or offences pun- ishable upon summary conviction, (as the case may he) without other- wise descnbiug the previous Felony, Misdemeanor, offence or offences; and a certiiioate containing the substance and effect only, (omittmg the formal part) of the Indictment and conviction for the previous Felony or Misdemeanor, or a copy of any such summary conviction, purporting to be signed by the Clerk of the Circuit Court or other officer, or the Deputy of such other officer, having the custody of the records of the Court where the offender was iirat convicted, or to wtich such sum- mary conviction was returned, upon pioof of the identity of the person of the offender, shall be sufficient evidence of such conviction, without proof of the signature or official character of the person appearing to have signed it. The proceedings tipon any Indictment for committing any offence after a pre- Proceedings at vious conviction shall he as follows : The offender shall, in the first instance be ^^^ °^iS^ arraigned upon so much only of the Indictment as charges the subsequent the first ingtnnce offence, and if he plead "not guilty," or if the Court order a plea of not to the aubaequent guilty to be entered on his behalf, the Jury shall be charged in the first in- ° """' stance to enquire concerning such subsequent offence only, and if they find him guilty, or if on arraingment he plead guilty, he shall then and not be- fore he asked whether he had been previously convicted as alleged in the In- dictment ; and if he answer he had been, the Court may proceed to sen- tence him accordingly ; but if he deny or stand mute of malice, or will not answer directly to the qnestiotij'the Jury shall then be charged to enquire concerning such previous convictioll or convictions, and it shall not be necessary to swear them again, but the oath already taken by them shall extend to such last mentioned enquiry. If upon the trial for any such subsequent offence 406 LARCENY, &0., SUMMARILY PUNISHABLE. the person give evidence of his good character, the proBeoutor in answer may give evidence of his conviction for the previous onenoe or offences, be- fore such verdict may dismiss the ?.'"'" ^<"^ oonvic person without doing so, 20 V. , c. 3, s. 5. '"" If it appear that the offence is one which, owing to a previous convio- casos wuoro tiio tion or from other circamstauces, is fil to be tlie subject of proseoutipn by ■','"'''ftl^''Ji'„^^l Indictment, or if the value exceed 5s., iindthe party does not consent to a Jy^prooeoiinB j seo determination by the Justices, they shall, instead of adjudicating, deal Mao as v., ^o. is, with the case as if the Act were not passed, 20 V., c. 3,' s. 6. '• '"^ Where a person is charged with Simple Larceny, and the property ex- other c a s e s in eeeds 10s., but not £10, or stealing from the pei'son, or Larceny as a Clerk ^°^{^^°l^^. or servant, and the evidence, when the case on the part of the prosecution is a a n i ' » pleading completed, is, in the opinion.of the Justices, sufficient to put the person upon BuUjy, not exceed- his trial for an Indictable offence, the Justices may, if the case appears to ^^ months them to be one which may properly be disposed of, and adequately punished under this Act, reduce tfie charge into writing, read it to the person, and nsk him if he is guilty or not of the charge. If he say he is guilty, they shall cause the plea of guilty to be entered upon the proceedings, and sen- tence him to imprisonment as before (s. 1), for not exceeding 12 calendar . mouths. Form of Conviction, Schedule E. But if he says he isnot guilty, or refuses or declines to plead guilty or not guilty, the Justices shall send the case for trial in the usual manner. The Justices, before they ask whether he is guilty or not, shall explain to him, he is not obliged to plead or answer before them at all, and if he do not, he will be committed tor trial in the usual course. No sentence shall be for longer than 12 calendar months, 20 V., c. 3; s. 7. In cases of summary proceeding under s, 1 and 2, the accused may j.^,; i^f^,,^ „„. make his full answer and defence, and have all witnesses examined and den. 1-2, and trial cross-examined by Counsel or Attorney, and have his case postponed from J'J^ij5''°„™58™°* one Petty Session to another, to enable him to procure th^ attendance of ° = 1 " p » witnesses or legal adviser, or otherwise upon suflicient cause ; but no post- g^ ^^j after ponement shall take place after the examination of witnesses for the prose- examination c o m- eutiou has been commenced, 20 V., c. 3, s 8. menoee The Justices may remand the person for fiu'ther examination, as under Kon»nd the Acts ^or the purpose, (See Justices, 13 V., c. 24, s. 14,) 20 V., c. 3, s. 9. If a person sufiered to go at large upon recognizance, do not after- Proceedings on wards appear, the Justices before whomheought to have appeared, shall forfeited veoogni certify (under the hands of 2) on the back of the recognizance to the Clerk '"""" of the Peace, the fact of non-appearance, and the recognizance shall be pro- ceeded upon as others which become forfeited, and the cefrtificate shall be prima facie evidence of non-appearance, 20 T., 0. 3, s. 10. The adjudicating Justices shall transmit the conviction or a duplicate of Transmiaaion of the certificate of dismissal with the written charge, the deposition of the proooBdinga to oir- witnesses for the prosecution and for the defence, and the statement of the ""' abcnsed to the next Circuit Court for the parish, to be kept by the proper officer among the records. A copy, certified by the officer of the Court, or Ccrtifl e d or ex- proved to be a true copy, shall be sufficient evidence to prove a conviction ?JS'rt°a(,„°°OT°'ai°! or dismissal in any legal proceeding, 20 V., e. 3, s. 11. miasai eridonco The convicting Justices may order r^titution of stolen property in cases aeatitu tion of where the Court might, 20 V., c, 3, s. 12. stolen property Convictions shall have the same effect as a conviction upon Indictment, Effect of convio- save that they shall not be attended with any forfeiture, 20 v., c. 3, s. 13. tion Persons who obtain a certificate of dismissal, or are convicted under this of diamiaaai or Act, shall be released from further criminal proceedings for the same of- ''"'''^"•io" fence, 20 V., c. 3, s. 14. No conviotiou, sentence or proceeding, shall be qnashed for want of Formal defects form , nor commitment held void for any defect, if it be alleged that the ofleu- der has been convicted, and there is a valid conviction to sustain it, 20 V., c. 3,s. 15. Not to take away the power of any superior Court, nor defeat the Appeal right of appeal, 20 V. , c. 3, s. 16. No proceeding or document shall be liable to Stamp Duty, 20V.,i;. 3, stamps 5. 17. "Property," shall include every description of chattels, money, or va- interpretation luable security, 20 V., c 3. s. 19. 408 LARCENY, &0., SDMMAKILY PUNISHABLE. Boceivecs of sto' Tli.e Justices shall Lave tbe same juriediotion in respect of offences of len goodj-Emljei. receiving goods and chattels knowing them to have been stolen, andofem- z emon bezzlement of goods and chattels, as in cases of Larceny undey 20 V.. c. 3, 27V.,S.l,c. 13,8.1. . ' . The provieioup of that Act declared applicable to the present, 27 V.^S. 1, M. 13, s. 2, ' . The summary jurisdiction conferred upon two or more Justices under 20 v., c. 3, shall in all cases of a charge aifer a previotis conviction ofau offence within sUch Jurisdiction, and specially mentioned in this Act, be annulled ; and the Justices shall take the examination of all witnesses for the prosecution, and if in their opinion a proper case , is made out for the consideration of a Grand Jury, they shall transmit them to the Clerk of the Peace of the parisbin which they act, for further prosecution at the Circuit Court,28V., c. 18,8. 1. The cases are, stealing, destroying or damaging, with intent to steal any cultivated plant, root, fruit or other vegetable prodactfon used fo» the food of man or beast, or for medicine Or for distillation, dyeing, or forw to i G. 2, "' accepted, or received as Laws in this Island, shall continue so, except so far "' 'as repealed or altered by any Law of this Island, 8 V., o. 16, s. 7. Laws of the Island. All original Acts shall be lodged in the Secretary's Office of Enrol- oiiginnl Aot« ments at St. Jago de la Vega ; and the Secretary shall at all office hours be ready to shew them when required, and give copies thereof, or of any ■ clause, 33 C. 2, c. 24, B. 1. Fees for copies, 2s. 6d. (Is. 6d. stg.), per 160 words, 56 G. 3, u. 19, s. 1 ; 60 G. 3, c. 23, s. 5. AH Acts shall be entered and recorded in a fair book, to be kept for Bocordn that purpose only. Penalty £100 [j^GO, stg.) and the entry or a copy, sworn to by the Secretary before a Judge of tlie Supreme Count, shall be as valid as the original, and pleadable, 10 Ann, c. 4, s. 3. ■ And shaU be recorded within 90 days, 56 G- 3, c. 19, s. 3; 60 G. 3, u. 23, s. 1. Commissioners to compile, print and publish the Laws : the Chief Commisiionen to Justice, President of the Council, Speaker, Attorney General, 5 Senior As- publish lawi sistant Judges of the Grand Court, and Henibers of the Council and Assem- bly for the time, 30 G. 3, c. 20, s. 1 ; 32 G. 3, c. 29, a. 1 ; 47 G. 3, c. 18, s. 1 , 59 G. 3, c. 24, s. 1 The Laws, printed and published under the authority of the Commis- Fubiish>diaws sioners, shall be received as conclusive evidence, 30 6. 3, c. 20, s. 2 1 32 G. 3, oonciusivo evi- c.29,s,2i47G.3,c.l8,s.2. '■ . 'a™™ Copies shall be sent to the Governor, to each Member of the Council and Farties entitled to Assembly, the Chief Justice and each Assistant Judge, and to each Clerk of copies the Peace and Clerk of the Vestry for the use of the parish, 30 G. 3, c. 20, S.3; 32G. 3,0.29, s. 3; 47 G. 3, o. 18, s. 3. Meetings of the Commissioners shall be held in St. Jago de la Vega jteotinea daring the Session and not otherwise, 59 G. 3, c. 24, s. 2. Tte Commissioners so convened may put up to Contract by Advertise- contracts by ten- m'ent, the collecting, printing and publishing the Laws, accept any Tender d«r. nutation and conclude any agreement they think moat eligible, in such manner and under such terms as to them seems most advantageous for the public ; but in ' exercising the power of assigning the copyright, shall not Contract for less than 7 years, nor beyond 14 years, 59 G. 3, o. 24, s. 3, To secure the performance of any a^eement, the Contractor shall en- Security terinto bond with one or more securitiesin £2000 (£1200 sterling.) No per- nj person entitled son entitled by law to copies shall receive, nor the Contractor charge for by law to copies to more than one copy each, although the person acts in several capacities, joMivo more than 59 G. 3, c. 24,8.4. ^ *"" 3d 49 LAWS OB THE ISLAND. CoutvaclS'shall be by , Deed, exempt from Stamp Duties aud recorded in 3 Secretary's Office ; and the execution by 7 Commiesionei'S of i , Contl'acts.to Ijoby Sps^TootH tlie Secretary's Office; and the execution by 7 Commieaionei-s of any Deed u,„„„ti„„ ,,„ -agreed to at a meeting sliall be sufficient on the part of the Commissioners, ComtnissioncrB OJ Kx, o, C- ^-4, S. 0. AsBBmbiymayor^ Besides tile persons speoiflGally entitled by law to copies of the Laws, the (!opiiis'footh"rs"iio°i House of Assembly may by vote or resolution, from time to time, order other by law cntitiod persons to be furnished with Laws, which the Contractor shall be bound to do, and be allowed the like rate as other copies are contracted for, 59 G. 3, C.24, S.C. ■ . ,. Laws passed Rftcr demiBG oftheoi'Own Alteratiou, Slc, LiuriDg Sossion Divigioninto sec- tiona — substantive enactments Citing former Acts Portion^ of a soc^ tion llepcal of an Act »ot to revive Acts ibreby r e p e a 1 ed unless, &c. ' Kepcalod Acts to bo in force until tliS repealing AoIl comes into opera- tion Definition of words in future Acts i ' Her Majesty Legislative' Coun- cil Assembly - ■ ExEcntiTU Com mittee ' jName of office, fee. Vf-*ti-y Jueticcsi & Vestry ,,,. , Vestryman Clerk of theVoa- try Parish Supi-eme Court Jubtice Apprentice Masculine gender Singular— plural Month Computation of timo Lavv^s passed after the delniee, of any former King, before such demise was made known in this lajand, sball be in full force, 53 Gr. 3, o. 9, s. 2. Acts passed after tlie commencement* of this Act (1 6th Octbberj 1856) , may be altered, amended or repealed in the ap^me Session, 18 V., c. 3i, s.. 1. Acts shall be divided into sections, if thfere are more enactments than. ■. one, which sbail be deemed substantive enactments without introductory " words, 18 v., 0,31,8.2. In any Act, when a fomier Act is referred to, it shall big sufficient to cite the year of the reign; where more S^sionrthan one in the .year, the num- ber of the i^ession, and the chapter, where njore than one, t^^ithout reciting^ ,. the title ; and the reference, in all ca^es shall be according to*6he copies of Acts printed by the Contractor or printer autbonzed by law to print the same. Whereit is only intended to amend or repeal a portion only of any section of an Act, it shall be necessary^fitill either to recite such portion, or-^ to set forth the matter intended to be amended or repealed, 18 V., ., c.31, s. 3. Where any Act repealing in whole or in part any former Act, is it- , self I'epealed, the last repeal shall ii'ot revive the Act or provisions befoi'g; repealed, unless words be added reviving them, 18 v., c. 31, s. 4. When an Act is made repealing in -whole or in part any former Act, and" substituting other provisions, those repealed shall remain in force until - the substituted provisions come into operation, 18 V., c. 31, s.5. ■ , In all Acts, the words " Her Majesty" shall mean Her present Majesty Queen Victoria, her heirs and successors, and the Kiijg or Queen regnant, of the United Kingdom for the time, 'his or her heirs and successors. *' G-o- veruor," the Officer for^the time being administering the Government of this Island. " Legislative Council," the Legislative Council of tliis Island, and the Members of the Legislative Conncil,for the time being. "Assembly,'' the Assembly of this Island for th'e time being, and the Members of the Assem- bly for'the time being, '' Executive Committee," the Executive Commiyee appointed, or to be appointed, and the Members- of the- Executive Com-' mitteeiu this Island for the time being. " Custos,'.' where there isno Gustos, or where the Custos is absent, shall include the Magistrate next im seniority to the Custos, or the senior Magistrate in the parish, and resident in the pa- rish, and in the habit of acting as a Justice of the Peacfe therein, and of pre- siding at the meetings of the Vestry. The name of office, or the style or title of the officer iu respect to every public and parochial office in this Island, shall mean the person holding the office, designated or mentioned for the time being, and the lawful deputy of any officer who may by law ao| by de- puty. " Vestry" aud '' Justices and Vestry," shall respectively ijiclude and itoeaii the Court of Common Council of the city and parish of K||gston. " Vestryman," shall include and mean Mayor, Alderman and Common Councilman respectively. " Clerk of tha Vestry," Clerk of the Common Councils " Parish,'' the city and parish of Kingston, and any city or pre- cinct. " Supreme Ccurt," the Supreme Court of Judicature of this Island. " Justice," any Justice of the Peace of the parish or precinct in which any oH'ence is committed, or iu which the matter requiring the cognizance of any ,_ Justice of the Peace or Magistrate arises. " Apprentice," , shall meau a male or female. Words importing the masculine gender, shall include fenij|ies. ■' The singular," shall include the plural, and the "plural" the smgular; and include bodies politic, corporate, and collegiate, aggregate or sole, ecclesiasti- citl aud lay, as well aa individuals^ unless the conti'ary is expressly provided. " Month," shall r.ican calendar month, unless words be added shewin^unar months to be intended.' Where any particular number of days is prsBribed by any Act, or mentioned in any rule or order of Court, made in pursuakc&'W' ally Such Act, for the doing of any act or for any other purpose, the sanre shalf be reckoned j in the absence of aoy expression to the oonttary, exdusi-veof LEASES, ASEEEMENTa, SURRENDEES. 41] the first, and inclusive of the last day, unlees the last day' happens to fall ou Sunday^ Christmas day, Good Friday, Monday or Tiiesday.in Easter, or a day appointed for a Public Fast or Thanksgiving, in which case tlie time shall be reckoned exclusive of that day j also " Land," shall include messuages, 'hamv tenements and hereditaments!, houses and buildings of any tenure, un- less where there are words to exclude houses and buildings, or to restrict the meaning of tenements of some particular tenure. " Oath," "swear," •and "affidavit," shall iuclade affirmation, declaration, affirming and de- chiring in the case of persons allowed by law to declare or affirm instead of awearmg, 18 V., c. 31, s. 6. » All Acts made after the commencement of this [Act, shall be deemed rubiip Acts ?ublic Acts, and judicially taken notice of, unless the contrary is declared, 8 v., c. 31, s. 7. Act to commence from first day of next Session, (16th October, 1856,) 18 commonoomont- V., C. 31,S. 8. 16th Ortobcr, 1856 Oftth awear Affidavit Leases, Agreements, Surrenders. Guardians may grant Leases by Deed of the real and personal eatile of infants, for any term not beyond their ngjnority , at the highest rent and most ad- ^'vantageous conditions they can procure. Not to affect any power given to " them Dy the parents. They shall take security for payment of rent andf performance of covenants, !J W. 4. c. 16 s. 2. Leases of- personal estate shall contain a Sched'iile of such personalty ; and all leases of infant?' properties, and Schedules with the instvnraents con-i taming the security, shall be recorded in the Secretary's Office, within 3 • months after execution, otherwise at the expiration of the 3 montlis ihey shall determine, 2 W. 4, c. 16, s. 3. ' No Lease or surrender in writing of any Freehold or Leasehold land shall be-valid as such, unless ma^e by Deed, bnt any agreement in writing to let or surrender, shall be valid, and take effect as an agreement to execute a lease oi surrender, and the person in possession of the lund, in pursuance of any agreement to let, may, from payment of rent or other circumstances, be construed to be a tenant from year to year, 8 V., c. 19, s. 3. Where the reversion of any land expectant on a lease is merged in any , remainder or other reversion or estate, the person entitled to the estate into which it has merged, his heirs &c., shall have the like advantage, remedy and • .benefit against the lessee, his heirs, successors, &c., for non-payment of the rent, or for doing of waste or other forfeitijre, or for not performing condii ions, covenants or agreenients, expressed in his lease, demise or grant, as the per- son wbo would for the time being have been entitled to the mesne reversion- which has inerged would have had if he had not been merged, 8 v., c. 19, s. 10. Whenever any party to any Deed, made according to Form, Schedule 1, or to any other Deed expressed to be made in pursuance of this Act, em- ploys any of the forms of words in column 1 of the 2nd Schedule, and distinguished by any number therein, the Deed shall have the same effect, and be consti'ued as if the party had inserted the form of words in column ' * 2, a^ distinguished by the same number ; but it shall 'not be necessary in the deed to insert any number, 13 ^V., c. 22, s. 1. Every such Deed, unless any exception is specially made, shall bo held words to bo iioid to include all out-honses, buildings, stables, yards,' gardens, cellars, edifices included and other erections, lights, paths, passages, ways, waters, water-courses, liberties, piivileges, easements, profits, commodities, emoluments, heredita- ments and appurtenances, whatsoever, to the lands therein comprised, be- longing or appei'taining, 13. V., c. 2'2, s. 2. Any Deed or part which fails to take effect under this Act, shall be nsod not laising valid, and bind the parties so far as the rules of Law and Equitv will offeotuiidBrthisAot ■i -I o tr CK»- _ o ^ J otliorwiBO valid permit, 13 v., c. 22, s. 3. ^In taxing any Bill for preparing and executing a Deed under this »,4.ci, the Taxing Officer in estimating the charge, shall consider, not the length of the Deed, but only the skill and labor employed, and responsi- bility incurred in the preparation, 13 V., c. 22,8. 4. By guardinns of iiifnnts' Entatea Security To (JO by dood Agreement' Reniedios of per- sons entitled over after a merged re- version expectant on a lease Eil'ect of, certain forms of words in dSeds expressed to be made in pursu- ance of tliis Act Remuneration for such deeds 41^ LEASES, AGREEMENTS, SURRENDERS. conshuotiim "Lands," shall extend to all Tenements and Hereditaments of Free- hold tenure, or any undivided part. "Parties," Bodies Politic )9r Corporate , or CpUfigiate, 13 V. , o, 22, s. 5. . 4fc The Schedules, Directions and Forms shall be deemed part of tliip Act, 13 v., c. 22, s. 6. Form of Inden- ture FIRST SCHEDULE. This Indenture made the day of **, one thousand, &c., in purrtiance loan Act to mcilitate the granting of leases between (here insert patfties names) witnesses that the said (Lessor or Lessors) doth (or do) demise unto the said (Lfessfee,) his (or their) executors, administrators and assigns, all, &c. fpafcels) from the day of ' for the term of thence ensuing, yielding therefore during the said term the rent of (here state rent, and mode, and days of payment.] In witness whereof; the said parties hereto have hereunto set their hands and seals. ' SECOND SCHEDULE. Directions as to the Forms. 1st. Parties who use any of Ihe Forms in the lirst column, may substitnte for "Lessor" or " Lessee" any names ; and correspoKdmg "substitu- tions shall be taken to be made in the corresponding Fonns in the se- cond column. 2nd. They may substitute the feminine gender fqi- the masculine, or the plural number for the singular in' the Forms in the Ist column, and corresponding changes shall be taken to be made in second column. • 3rd. They may fill up the blanks in,FjOrms 4 and 5 in, the 1st column, with any words or tgures, which shall be taken. to be inserted in the cor- responding blank spaces in the Forms einhpdied. ^ , 4tfi. They may introduce into or annex to ^ny of the Forms in the Ist co- lumn any express exceptionsor qualifications, and the like shall be^. taken to be made in the correspondingEorms in the second. 5th. Where the premises are of freehold tenure, the covenants l" to 10 shall be taken to, be made with, and the proviso 11 to apply to the heirs and assigns of the Lestor. When of Leasehold tenure, to the Lessor, his executors, administrators and assigns. Column 1. That the said Lessee covenants with the Lessor to pay rent. Column 2. 2. And to pay Taxes. And -the said Lessee doth hereby for/himself, his heirs, executors, administrators and assigns, covenant with the said Lessor, that he the said Lessee, his executors, administrators and as- signs will, during the said term, pay urito the said Lessor the rent hereby reserved in man- ner hereinbefore mentioned without any deduc- tion whatsoever. 2. And also will pay all taxes, rates, duties and- assessments whatsoever, whether parochial or otlierwise, now charged, or hereafter to be charged upon the said demised premises, or upon the said Lessor, on account thereof, ex- cepting all taxes, rales, duties and assess- ments whatsoever, or any portion thereof, which the Lessee is or may be by law ex- empted from. LEASES, AGREEMKNTS, SURRENDERS. COLUMN 1. CwtUMN 3.' ,-.■ ■» 1. ; . 3. And to BepaiR 3. ' And also will, during the Baid term, well and suf- ficiently repair, maintain, pave, empty, cleanse, amend and keep the said demised premises witli the appuitenauoee in good and sub- stantial repair, together with all hoiiees, out- houses, stills, still-houses, stores, store-houses, ediflces, barbicues, tanks, and all other build- ingSj fixtures and things which, at any time ,' daring tlie said term, shall be erected and made, when, where, and so 'often as need shall be. 4. And to paint outside 4. And also that the said Lessee, his executors, ad- overy year, , . ministrators and assigns ; will, in every year in the said term, paint all the outside wood-work aud iron-work oelonging to the said premises, with 2 coats of proper oil colors, in a workman- *' like manner. 413 5. And paint and paper 4 inside every year. 6. And to insure from tire in the joint names of the said Lessor and the sEiid Lessee, to shew Re- .ceipts, and to build in cage of Fire. 7. And that the said Lessor may enter and view 'state of repair^ and that the said Lessee will repau- according to notice. 5. And also that the said Lessee, his executors, ad- ministrators and assigns will, in every year, paint the inside wood, iron and other works now or usually painted, with 2 coats of l"'oper oil colors, in a workmanlike manner, uii I also re-paper, with paper of a quality as ,at ■ prebc, I , Rucli part? of the said premises as are now p,.pered, and also wash, stop, whiten, or color such parts' of the said premises as are now plastered. 6. And also that the said Leasee, his executors, 'ad- ministrators and assigns, will forthwith insure the said premises hereby demised to the full value theveof, in some respectable Insurance Office, in the joint names of the said Lessor,. his executors, administrators and assigns, and , thp sai!|g5iessee, his executors admimstrators ■ orassigWt and keep the same so insured dm-- ing the said term, and will, upon the request of 'Uie said Lessor or his agent, shew the receipt for the last premium paid for such -Insurance for every current year, and as often as the said premises hereby demised shall be burnt down, or damaged by fire, all and every the sum or sumsof money, which sha-U be recovered or re- ceived by the said Lessee, his executors, admin- istrators or assigns, for or in respect of such In. surance, shall be laid out and expended by him in building or repairing the said dfemised premi- ses, or such' parts thereof, as shall be burnt ■ 'down or damaged by fire' as aforesaid. 7. And it is hereby agreed, that it shall be lawful for the said Lessor and his agents, at all season- able times daring the said term, to enter the said demised premises, to take a schedule of the Fixtures and things made aud erected thereupon, and to examine the condition of the said premises ; and further, that all wants of reparation, which upon such views shall be found, and for the amendment of which notice, in writing, shall be left at the premises, the said Lessee, his executors, administrators and assigns, within 3 calendar months next after everj such notice, will well and sufficiently repair and make good accordingly. 414 LEASES, AGREEMENTS, SURRENDERS. Column 1. 8. That the said Lessee will not use premi- BBi as a shop. Column 2. 7 1 8. And also, that the said Lessee, his executors, administrators and assigns, will not convert, use or occupy the said premises, or any part thereof, into or as a shop, warehouse or other place for carrying on any trade or business whatsoever, or suffer the said premises to be used for any such purpose, or otherwise than as a private dwelling house, without the con- sent, in writing, of the said Lessor. 9. And will not assign without leave. And also that Said Lessee shall not, nor will, during the said term, assign, transfer, set over, or otherwise by any act or deed procure the ' said prenfises, or any of them to be assigned, transferred, or set over unto any person or persons whomsoever, without the- consent, in writing, of the said Lessor, his exeeutors, ad- ministrators or assigns first had and ob- tained. • I ■ * 10. And that he will leave premises in good repair. 11. Proviso for re-entry by tU^ said Lessor, on non-payment of rent or non-per- formance of cove- nants. 10. And further, that the said Lessee will, at the expiration or other sooner deteiinination'of the said tenu, peaceably surrender and-.yield ' up unto the said Lessor, the said premises hereby demised, with the appurtenances, to-, gelher with all buildings, erections and fix- tures, now or hereafter to be built or erected thereon, in good and substantial repair and condition in all respects, reasonable wear and tear and damage by fire only excepted. ' 11. Provided always : and it is pxpressly^ agreed that if the rent hereby reserved, or any part thereof shall be unpaid for 15 days, after any of the days on which the sanje ought to have been paid, although no formal demand shall be made thereof, or in case of the breach or non-performance of any of the covenants and • agreements herein contained on the part of ^ the said Lessee, his executors, administrators, and assigns, then, and in either of such cases, it shall be lawful for the said Lessor at any time . thereafter, into and upon the said demised 'premises, or any part tnereof,' in the name of the whole, to re-enter, and the same to have again, repossess and enjoy as of his former estate, anything hereinafter contained to the contrary notwithstanding. 12. The said Lessor co- venants with the said Lessee for quiet enjoyment. 12. And the Lessor doth hereby for himself his heirs, executors, administrators and assigns, covenant with the said Lesseajijus executors, administrators and assigns, tlm%pg, and they paying the rent herebv reserved^ and per- forming the covenants uerein b^re on his and their part contained, shall aninnay peace- ably possess and enjoy the said demised pre- mises for the term hereby granted, without any interruption or disturbance from the said Lessor, his executors, administrators br aa- sigiis, or any other person or persons laiis^fully claiming by, from, or uudei' him, them , or any of them. JLEGISLATIVE COUK[CIL. 415 Tenants for life 6r in tail, in pbSBession, and Guardians, Trustees or jj^"'""e "'' Vf' Committees of Tenraits for life or in tail, or in fee simple, who are In- Hm°tt fo^ufe, o^ fants. Lunatics', I Idiots, or otherwise incapable of acting for themselves, lutniiinpoisession, may, by Deed to be duly proved and recorded, demise andlease the land, ^•orOommittcos ,or any part, to any person who will iinprove the sam?, by erecting or upon coronant so to buildijig thereon any hew stores, hou?Ps or buildings, or by re-buildnjg, ao witwn 4 yoojB repairiuj^, enlarging or improving any g yres, houses or buildings on the laud, or shall covenant and agree so to do within 4 years next after tlie jj^j oioecaing 21 datje of the demise or lease, for any term not exceeding 21 years, to take yoar* in ppsw™'"" effect ill possession, so as tliere be reserved the beet yearly rents, to be in- t^^'l^^^gl """ cident to the immediate reversion that can be reasonably gotten, without Condition ;or re- taking anything in the nature ofafine, premium or foregift, andthefe be entry tor non pay- contained therein a condition of re-entry for non-payment, within a reason- "ffo'i^'aioraraau- ^ble.fime to,be specified, of the rents resSi;ved, and ■ so as the Lessees or rsnt may lie re- covenant for the dije payment of the rent.' lA peppercorn or any smaller y°^j* '" *"' * rent than that to be ultimately made payable, may be reserved during all or any part of the' first 5 yearsof any such term, 28 V., c. 44. Legfislative Council. There ,^haUbe within this Island two Legislative Chambers or Houses, B»Powor» a Legislative Council to' be composed as after prescribed, and an elective Legislative Assembly, to be called the Legislative Council and Assembly of Jamaica. The Legislative Council shall exercise and enjoy the same powers, 'privileges, rights and immunities as the present (Privy) Council, when sit- 'B'ng as a Legislative Cduneil, have heretofore exercised and enjoyed, and wmoh of legal right appertain to them as a Legislative Body, with such others as are by this Act conferred, 17 'V., c. 29, s. 1. The then Members of the Council, of whom the Honorable John Hemberihoirap- Salmon and George Price continue declared Members ot the Legislative pointea Council, and H. Ml, by iustrnment under thejSign Manual may authorize the Governor, in iH .M.'s name by instrument under the Broad Seal, to sum- mon other persons qualified as after mentioned, the number not to exceed or be less altogether than 17, and to fill up vacancies at anv time within Number '6 calepdar moi^hs from the reduction of the number below 15", by death or • ^ distinalification. ' The continuing Members may exercise allflhe pojrers"; and every person summoned, shall, by virtue of the summons, become a Member. ^o person shall be summoned wlib is not of the full age of 2] , a natural Quaiiaoation? ' born subject, or naturalized by Act of Parliament, or under an Act-iof this vacancies Island. When vacancies occur by death, resignation or removal ot Mem- Holders' of office bera holding offices of emolument, so that their number falls below 5, ful^ther appointments, may be made, so that not more than 5 at any one time shall ibe holders of any office of emolument, including the Member of the Execu- itive Committee." No person, but the 5 liolders of offices shall be summoned. Nonlioiaersofof- .imleashe is possessed in his own right, or in right of his wife, of a free- ^™ 'hold estate m, this Island, producing a clearannual income to him of £300, ■ or pays taxes, public aud parochial, to the extent of £30, on real property iu this Island, held by him as of freehold in his own right, or in right of »iiswife, 17 v., c 29, s.' 2, They shall exercise and enjoy the like political powers and authorities Powers of origi- as the House of Lords, of initiating or originating any legjislative mea- "oiingBiUs sures not involving, the imposition of taxes, or the appropriation of the • ■public money, 17 'v., c. 29, s. 3. Every Member shall hold his seat for life, subject to the provisions after ,. To iioU seats for contaiued.JW^., c. 29, s. 4. _ '■'" [^^^'S"^ '''^ ^^^'i ^""^ upon resignation and acceptance by the Kesignations pe seat shall, be vacant, 17 "V., c. 29, s. 5. Legislative Councillor, for 2 successive Sessions, fails to attend DisquaMcaiious ... , without the permission ofH. M. or the Governor, signified by him to the Legislative Councilor ceases to be qualified, or becomes bank- rupt, or is declared an insolvent, or takes the benefit of any Law relating to Insolvent Debtors, or becomes a public defaulter, or is convicted of Felony or other infamous crime, his seat shall thereby become vacant ; aud any Qtiestious on ra- questionarisingiiirespect of such vacancy shaft be referred by the Gover- S'Jrth'e LeSsiI- nor to the Legislative Council to be determined. Either the person or tlie tivo 'Council, with Attorney-Genefal may appeal from their determiiiation, and the judgment f^S°„^<|S'u"'*^''°"' 416 LEGISLATIVE COUNCIL. of H. M., with the advice of her Privy Council, shall be final. If any Abmnca lot more Member for morethan 2 consecutive years, ceases or omits to giv^his atten- jMis* °™'°°'"''° daoce, his seat shall become vacant, notwithstanding any permission or leave of absence given him, 17 V., c. 29, s. 6. Prosiaent raoan. Her Majesty may, under the Sign Manual, authorize the Governor in" ' "* her name, by instrument under the T3road Seal, when any vacaniy arises> by death or otherwise, to appoint another Member to be President,'.!? V., c. 29, s. 7. '.J ■ • ^'^'"'S' The President shall receive from the Publje Treasmy a salary of £600' 17V.,c.29, tf. 8. "»"> No Member shall sit or vote until he has taiken and subscribed an oath before; the Governor or some person authorized by him. Form : — I, A. B., do sincerely jSjomise and swear, that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, as lawful So- vereign of the United Kingdom of Great Britain and Ireland, a!nd of this Island, and that I wul defend her to the .utmost of my power, against all traitorous conspiracies and attempts whatever,- which shall be made against her person, crown and dignity, and that I will do my utmost endeavor to disclose and make known to Her Majesty, ,. her heirs and successors, all treasons and traitorous conspiracies and, attempts which I shall know to _bg against her,;Or any of Jihem, and all this I do swear without any equivocatiqn, mental evasion^ or secret reservation. And I do foi'ther swear, that I am possessed of » one of the property qualifications required of a non-offfciat Member of the Legislative Council, by an Act, entitled : " An Act for the bettei; • Government of this Island, and for raising a revenue in support , thereof." So help me God. , , ;. No Member holding any office , of emolument shall be required to take- so much of the oath as relates to the property qualification, 17 V., o. 29, s. 9. ., .., . Affltmiiion Members authorized by law may make an affirmation instead of an oath, 17 v., c. 29, s. 10. . clerk and Officers '^^'^1 may, as vacancies occur, appoint a Clerk of ' tHe Council, and other Officers mentioned in Schedule A, who shall be entitled to the sala- ries there mentioned, 17 V., c. 29, s. 11. On lof EMoutivo ^^^ "^ "'^ Members of the Executive Committee sliall be a Member conm^tteo to be a of the Legislative Council, and on forfeiture or resignation of his seat, his member appointment as a Member ofthe Executive Committee shall cease, 17V., c. 29, s. 12. ■ ■ Acoounts to be ,. Accounts in detail of the expenditure and appropriation of all revenue laid before them j^j^g other moneys placed under the control or direction of the Governor, or of any Body in conjunction with him, or under his authority, or within his control, shall.be laid before the Legislative Council within 14 days after the beginning of the Session, after the expenditure and appropriation have been made, 17 V., c. 29, s. 34. offloe of emolui " Office of emolument :" Any office held under the Crown, or the ment Government of this Island, or under any Act of Parliament, or of this Island, or under any parochial or other public Body constituted under any ' Act, 17 v., c. 29, s. 52. ■* stamps memptiod No ' appointments, commissions or orders for money, shall be liable to Stamp Duty, 17 v., c. 29, s. 53. Salaries Salaries— President £600 " Chaplain f.^ 60 Cleric 5-414 Librarian *)60 Usher of the Black Rod '270 17 v., c. 29, Sch. A. The salary of the present Chaplain, Eevd. G. W. Eowe, continued at £120, 17 v., c. 31. Salaries in lieu of Pees to the President, £100: Clerk, £60 ; Usher of the Black Rod, £20, 21 V., c. 17, s. 4, Sch. InsUgitplUir Auditors of Public Acoounts ineligible, 21 V., o. 1, s. 17. Also Receiver-General and Book-keeper, 21 V., c. 4, s. 19. LEPHHS. 417' Xiegislative and other Printing', The Executive Committee aathorised to enter into one or more con. 0<"'''"<:t« tracts, upon the most eligible terms, to piint the Journals of the iiegiela- ■ tive Couuuil, and Jliuutes of Assembly, with Indexes to be prepared by the Contractor; Bills, 'Documents, and Papers ordered by the Legislatui-e j Motion Papers and STotices as per Schedule ; Documents and Ripers di- rected by toe Executive Committee ; and Forms required for the use of the Eeceiver-General's Office, Customs and Collecting Constables. Such For ? years contracts to be for 7 years, and security taken for their due performance, Secutit? 19 v., c. 3. SCHEDULE. 200 Copies of the Daily Journals or Minutes of the Legislative Coun- cil. yOO Copies of the Daily Votes, or Minutes of the Assembly. 100 Copies of such Journals, and 100 Copies of such Votes, to be de- livered daily, and the other 100 copies of each, to be bound up in Volumes, vrith the like number of Copies Of the Appendix and Index, at the termination of the Sessions. Preparing or compiling the Index to the Journals of the Legislative Council, and also to the Votes of the Assembly, and printing 100 Copies respectively, to be bound up with such Journals and Votes. 100 Copies of all Bills, Documents or Papers ordered to be printed for the use of the Legislature, or for distribution separately from the Journals or Votes. 75 Copies of Motion Papers, containing the notices given by Mem- bers of the Legislative Council and the House of Assembly res- pectively daily. -if All Docuiieuts and Papers directed by the Executive Committee, and Forms required by the Receiver-General and Collector of the Cus- toms, for the use of the Eeceiver-General's Office, the Collecting Cosutables and the Customs, as often as required. Separa t i o n of lexes Lepers. The Governor and Executive Committee may lease or purchase sufli- Bettlomeuu t n cient lands in con veuient localities m Kingston, St. Catherine, St. Andrew, 'hase'ifftr Lopm« Port Royal or St. David, for the settlement and establishment of persons &<;. ' afflicted with Leprosy or Yaws, or Diseases akin thereto, and for that pur- pose erect Cottages, Huts or other buildings for their careful and comfort- able reception and keeping, due care being taken in every establishment to provide for the complete separation of the sexes ; the buildings for males being divided, and, as far as can be, removed from those for fe- ' males, and placed on separate parcels of land, if the Executive Committee so advise, 28 V., c. 13, s. 1. , The Governor, as soon as proper jplaces have been provided, to be Modi nil aiten- calledthe " Lepers' Home," shall appomt a Medical attendant thereto, at ^'n'^iso a salary of £120 per annum, a Male Superintendent ftt a salary not ex- ^™i'°""«»'' * ^ n t ceeding£80 per annum, and a Matron at not exceeding £60 per annum. Matron jceo payable quarterly or monthly as the Governor directs, by warrant, and may remove them, and fill up vacancies, 28 V., o. 13, s^ 2. The Superintendent may employ 2 or more male servants to attend Serranls npon the male inmates, and for the Matron to employ 2 or 3 female ser- vants to attend upon the female inmates, at waf^es to be approved of by the Governor m Executive Committee, and paid by Warrant of the Governor ; and the Superintendent and Matron may remove them, and appoint others, 28 V., c. 13, s. 3. The Inspector and Director, in conjunction with the Medical Officers Buies una Kcju- of the Public Hospital, shfdl, subject to the approval of the Governor liMoiw in Executive Committee, make rules and regulations for the government of the Medical Attendant, Superintendent^ Matron, and other Officers, servants and inmates of the respective divisions of the Institution, and may, subject to such Mproval, rescind, alter, amend and add to, or make new rules, 28 V., c. 13, s. 4. 3 B 418 tBPBES, risiia and reiiorts The Medical Attendant shall visit once a weelj, and oflener if neces- 4^"°^'°°' ■*■""" sary, and prescribe Medical treatment where necessary, for the inmates, and make a quarterly report to the Governor in Executive Committee, of tlie state of tlie inmates, and of the Institution generally, with any re- commendations or remarks he thinks fit to submit, with or as pai't of any such report, 28 V., c. 13, s. 5. , ^ •Hoiiijiiai Inspec Tlie Inspector of the Public Hospital, or such' other person as the poVm'''"' '"'^'°" Governor may appoint, shall visit and inspect the Institution and inmates, and report on their condition at least once a month, and oftener, if the Entries in Visit- Governor requires, and shall make a note of each visit in the Visiting ingDooit Book to be kept at the Institution, with such observations upon the state Transcripts to be "^ ^^^ Institution and inmates, and the conduct of the officers and servants sent to the Governor as he thinks proper ; and the Superintendent and Matron shall transmit Inspector's saio- monthly to the Governor a transcript of such entiies. The Inspector shall ry X60 be paid at the rate of £60 per annum, on the Governor's Warrant, fcr his services, 28 V., c. IS, s. 6. Contracts for He shall take contracts, subject to the approval of the Govefnorin. stores, tc Executive Committee, for stores, provisions and necessaries for the Inati- Medicines tution. Medicines shall be supplied from the Public Hospital, on the re- quisition of the Medical Attendant, 28 V., c. 13, s. 7. ^ Duties of Super- '^''^ Superintendent and Matron shall be responsible for the due care intendent and Ma- and appropriation of all stores, provisions and necessaries supplied to their tron ivitii ro^)Br.t to respective divisions, and shall make reports monthly to the- Inspector or reporu " ' ""^ Other person, &.C., of the quantities received, consumption, quantities on hand, and state and condition of stores, &c., and generally of the state of Inspector, &o. to* the several divisions of the Institution; and the Inspector or person, &c., chock stores on shall On each visit, check the stores, &c., on hand, with the reports, 28 V., each visit g i3_ g 8 • - . Admis s i o n s of Upon the establishmeut of the Lepers' Home^any person afflicted with destitute patients Leprosv or Yaws, Or Other disease akin thereto, m indigent circumstances, who presents himself to the Medical Attendant, and .clai;ns admission, or with a Certificate from a qualified Medical Practitioner' that he is afflicted with Yaws or Leprosy, &o., shall be allowed to remain in, and be treated as an inmate of the Institution, 28 V., c. 13, s. 9. Of persons not in Or if not in destitute circumstances, tliey may become inmates, upon destitute circum- giyjjjg ggcm-jty {„ t),e Superintendent for payment, monthly, of the cost of '''"°'''" maintenance and medical treatment, not exceeding 2s. per day, 28, V., c. 13, B. 10. Eocovory of Which moneys shall be recovered by the Superintendent for the time money B ''"" '"' beiug, Or Bome Other person appointed by him, in the same manner as de- main onuncc, maiids under any Act in force for the recovery of small debts, without li- mitation of amount, 28 V., c. 13, s. 11. Lepers &o. con- ^^ ^"7 Person deemed to be afflicted, is found loitering on any road, viotod of vagrancy Street, lane, thoroughfare of, or leading to, or from any city, town or vi- or begging may bo lage, or wandering about from place to place, and not having any visible S"er"'Homo° ° means of lijdpg, or is found begging, any Policeman or Constable may ap- prehend ancrtake him before a qualified Medical Practitioner, who, upon oeing satisfied that he is a Leper, &c. shall certify the same, and he shall thereupon be taken before a Justice who, upon conviction for such . va- francy or begging, shall direct, in writing, under his hand, that the person e committed to the Lepers' Home for not exceeding 28 days, and thereupon he shall be taken to the Lepers' Home, and there received, and kept for such period, and the reasonable ejcpense in taking him before a Medical Prac- ponso""" "" titioner, and to the Lepers' Home, shall be paid by the Superintendent aa a • charge against the Institution, 28 V., c. 13, s. 12. _ If any person so committed to the Institution, leave it before the expi- mitied°°oavhig°an- ration of'^ the period of committal, and is seen wandering about in any ting lentcuce street, thoroughfare or public place or way, he or she shall be taken baclt by the Superintendent or Matron, or any Policeman or Constable, and the Siiperinteudeut or Matron sliall take measures, under rules and regulations to be, from time to time, made by the Governor in Executive Committee, for the proper keeping them within the bounds of the Institution, 28 V., c, 13, s.l3. LICENSE AND REGISTRATION DUTIES. 419 The Eeceivei'Geiieral shall pay, upon the Governoi''B Warrant, Expcnson not to monthly, or otherwise, the sums necessary to meet the expenses of the J"f,JJJ, '***''' '" tiepers' Home, not exceeding £2000 in any year, ifti V., c. 13, s. 14. The Justices and Vestry of anyT)arish or adjoining parishes, other provision in tiw than before named, may, where it seems necessary, include in the annual annual osumntos of estimates of expenditure, a snflicient sum for providing for the proper care S^nJIifflirtert '"' and Iteeping of persons amioted therein ; and where adjoining parishes join in arrangements, the expenses shall he home rateably according to the num- ber of diseased persons chargeable to each, 28V., c. 13, s. 15, .. V License and Registration Duties. On the 1st August, or within 10 days after, iii each year, the occupier or notumii and pay possessor ot each item of property after enumerated, not exempted from """" °' autiDs payment of the Duties, and every person keeping or using Fire Ai'ms shall set forth a statement of such property according to the forms to be supplied by the Collector of Dues, and declare to the truth of such payment, and pay him in respect thereof : jC s. d. For every House of the annual value of £12 or upwards, at the rate of Is. 6d. in the pound . 1 C Each head of Horselcind used for any purpose whatso- . everupon a Main or Parochial Road 11 Each head of Horsekind used solely for hire and livery-stable pui-poses 7 EaohAss 3 6 Each head of Hortekind, Ass or Homed Stock, except those next mentioned, notusedon aMain or Parochial Road 10 Eacb head of Working Cattle, Horsekind and Asses, used solely in &id about Sie cultivation of estates, plantations or pens, within the tonfines thereof .. 6 Every other Head of Cattle 6 Every Wheel of a Carriage 15 Ditto ditto used solely for hire and livery -stable purposes 10 Each head ot Sheep 2 Each Boat plying for hire. Droghers and Ships' Boats ex- cepted 10 Each Canoe of Boat, other than a Boat or Canoe plying for fare. Drogher's andother Ship's Boats excepted 10 Each Wheel of a Cart 6 Ditto ditto Hackney Carriage 1 Each Fire Arm Registration of and License to use on the premises of the owner 2 License to keep and use otherwise 8 28 v., c. 28, s. 1. And shall. uDon payment of the duty, forthwith take out from the Clerk ^ Licensee to Uo of the Peace the License reciuired ; penalty 40s., 28 V., c. 28, s. 2. '*™ ■"" Every person in possession of laud as owner, tenant, or iiif any other j^,„j ^^^ ^^ j,^ character, shall, on Ist August, or within 10 days after, pay toj>the Collector paia without ais of Duesof hispai-ishthe full amount of the tax bylaw imposed thereon, with- ™""' outi any deduction for discount, and obtain from him an a^iquittauee thereof, 2SV., c. 28, S.3. Any Assignee of property, liable to tax or duty, which conres to his AssignoMofduty Dossession or occupation after 1st August, the tax or duty on which had been paid property, tiie previously paid, and the License or acquittance transferred by the Assignor £'^,?J^=f|J'/,a''"'='> to him and any person who acquires property after that period in substitu- Property acquired tion of 'property of the Uke description, upon which the duty had been paid, Ji '""'[jf";"" fj' but which had been destroyed, or had become unserviceable, shall not be destroyed, L. ' liable to any tax or duty upon said property, and the tax previously paid, and License or Acquittance therefor, shall protect and inure to tlie property so acquired. In every such case the License shall be produced to OoUootor's Memo- the v^ollector of Dues, who shall make a memorandum thereon of the randnmfln Lioenso transfer or acquittance, 28 V., c. 28, s. 4. The Assignor of any property for which a License has been obtained ParticuiarB to be shall, upon the the transfer specify in the bill or receipt whether the License 3°;r?„'",W',|,°; is also transfen'ed, and, if so, give the number, date, letter ana pansh ; in A.signee from duty 420 LICENSB AND REGISTRATION DUTIES. default of which, or if it doea not convey the information, the Assignee shall In wiiioh easotha pay the duty and take out a fresh License. The Assignorof property and ol~ tied "to' nubiututa '''^ benefit of the License shall not be entitled to oconpy or possess any other property Other property in substitution, without paying the duty and obtaining a fresh License for the same, 28 V., o. 98, s. 5. On death License Upon the death of any person, his Mcense shall inure to his personal to inure to person- representatives or their Assignees for the residue of the term ; and in all or Ass?Bneo°'"'™^ Cases of assignment of property on which duty has been paid and the Li- Cense transferred, it shall inure to the Assignee for the residue of the term, 28 v., c. 28, B. 6. Head of the Whenever any property liable to tax or duty belongs to, or is held in family responsibio Trust for any inmate or member of a family, the head or principal member shall be responsible for payment, and liable to penalties, 28 V., c. 28, s. 7. LiaUlitiei of 00- Any person who, after 1 st August, enters into the occupation of any aor» for novtioii«°'f '"'"^ °^ house chargeable with tax or duty, or becomes possessed of any a year "' ° dutiable pi'operty not licensed or registered, or whereon duty has not been paid, shall be liable to pay the whole or a pbrtion, according to the time to elapse between tlie period when he entered into the occupation, or became possessed, and the next recurring period for the payment of the tax or duty ; such time to be computed from the first day of the quarter during which the occupation or possession commenced, at the rate of one-fourth of the whole annual tax for each quarter or fractional pari, 28 V., c. 28, s. 8. . Collector may The Collector of Dues may take declarations, 28 V.,c. 28, a. 9. Ponauy°fop omit- Any persou Omitting to pay the taxes or duty within the time limited, t'n? to pay duties and in the manner prescribed, or to take Out the necessary acquittance or c"nscs'° "'" License, shall forfeit not less than the amount of the duties evaded ; and shall also be condemned, on conviction, to pay the amount evaded, the charges of the Licenses, and the costs of proceedings to recover them. Any ,. -^y """""I'o''- person contravening any of the provisions of this Act, shall be liable to a bonoftheAct penalty not exceeding £5, 28 V., c. 28, 8. 10. Forms of 13 V., The Forms of conviction and distress and otherwise, under 13 V., c- 0. 36, applicable 35 j^^y j,g adapted to meet the exigencies of each case under this Act, 28 v., 0. 28, s. 11. Interpretation "House," shall mean every inhabited or occupied dwelling house, nouso shop, store, wharf, warehouse, office or place of business of the annual value of £12 or upwards, and shall, for the purpose of valuation, include the out-offices, yards'and curtilages, and lands attached ; and, for the pur- poses of taxation, the trjie. annual value of every house shall, when te- nanted at a rent, be taken to be the rent actually payable by the year, and where otherwise occupied, the full yearly rent at which it is yearly and bona fide worth to be let, 28 V., c. 28, s. J3. Where let in snb- Where a house is let in different sub-divisions, and is occupied by se- divisious veral persons or famihes, or by the owner, with one or more other persons, and the aggregate rents and value amount to £12 or upwards, it shall be charged with the duties, as if occupied by one person or one family only ; and the landlord or owner shall be deemed, for the purposes of taxa- tion, the ocoiipier, except where the duty has been paid, and the house re- gistered by some .other person, 28' V., c. 28, s. 13. Houses on estates Houses on any estate or pen, shall be exempt 'from the house tax if &o. ' occupied by the o*ner or tenant, or his family, or by the attorney, over- seer, or other servants of the estate or pen, free of rent; but if let or rented to any person, or used for any other than the purposes of such estate or pen, they shall be liable to the house tax, 28 V., c. 28, s. 14. Carriage " Carriage," shall mean pll spring carriages, whether used for the transport of persons on business or pleasure, or used exclusively in the bnsuaess of a livery stable. " Cart," shall mean every cart, dray, wagon or wain, whether, on "' springs or not, used for burthen. HaciineyCorrlago " Hackney carriage" shall mean every wheeled carriage plying for hire in any town, or from one parish to another, for the carriage of pas- sengers, or kept solely for hire and livery stable purpose. Fire.Brms "Fire-arms" ^haU mean every musket, fowling-piece, gun or carbine, rifle, pistol, or j^evolver. UOENSB AND REGISTRATION DUTIES. 421 " Horsekind" shall mean every horee, mare, colt, filly, gelding-or Horseiimi " Working cattle," shall meari all bulls, Cows, speyed heifers, steers Working CBtti» noraes, maa-ee, geldings and mules used or worked on or within the limits Man estate, and all homed s^ck used on estates, and for carrying pio- ouce or other commodities for omonaccount of any estate or plantation. " Boat," shall mean any canoe, wherry , lighter, or other boat. Boat " Estate" shall mean any land from which 5 hogsheads or 40 barrels Estato of Sugar, or 35 hundred weight of Coffee are produced, or Pimento to the extent of 25 bags of lao pounds weight each, as an annual average, is gathered. "Pen" shall mean any land upon which 40 head of breeding and Pen other stock are kept and licensed. " Collector of Dues," sHall mean any person appointed to get in or re Collector of i)ue» o sonal, and shall not entitle any person not licensed lo keep, carry, or use- personal Pire-ai-ms, unless he be the servant of a Licensee for the purpose, and shall can'y or use them in his master's service, and-within -the limits of his pro- • perty, 28 V., c. i:8, s. 17. Any Policeman or Constable may recjuire the production of his License on^°nou produciion by any person carrying or using any Fire-arm, otherwise than on public of Licenses service ; and if not produced, may seize and convey the Fire-arms to the next Court of Petty Sessions of the Justices, who, in case of non-production of a License and satisfactory evidence that it had been obtained prior to the ^i t « seizure, shall order them to be detained for 10 days, and then sold, unless Baie*Sea°°ieaoom earlier redeemed, 28 V., c. 28, s. 18. ea Every person in possession of a Still ou 1st August, shall, within 10 days stui Licenses after, make a return to tlie Collector, of every Still in his possession, and ^ ij"'"?^ ^J° V? pay him 20s for each, and Is. to the Clerk of the Peace, under penalty JSr to°CoUe'otor°'of not exceeding £10 nor less than 40s for each Still not reiurned ; and the ^^^' Collector shall grant a receipt for the sums to the party paying them. No us^a'f're months Still which has not been nsed for 6 months previous to 1st August shall be before ist August liable to the tax, 28 V., c. 28, s. 19. On production of the receipt to the Clerk of the Peace^ie shall deliver peaoe'-s^cerHflmtBof to the party a Certificate of Eegistration in the form the Executive Com- liegistration : mittee supply, and make a ratam to the Receiver-General, of all certificates Weturn to Beceirer so delivered by him at the period for maldng returns of other certificates ™''"' granted by him, 28 V., c. 28, s. 20. The Collector shall at the usual period for makingjeturns of taxes and OoUeoior'sEoturn duties, make a return of all Stills returned to him, and remit therewith all moneys paid to him for the same, 28 V., o. 28, s. 21. When the duties imposed by this Act amount to or exceed £4, they may mJJ''°to'*l"n{"°|n bepaidbymoieSes; the first on or before 10th August, and the 2d on or bfore moieties lOtn February succeeding, and on payment of the 1st moiety,"and production of the Collector's receipt to the Clerk of the Peace, he shall grant the License, and in like manner, upon payment of the 2d moiety, and production of the reoeipt,28V.,c. 28, s. 22. The duties to be paid by moieties shall be entered and registered by the Ana the receipt? Collector and Clerk of the Peace separately from those paid m full, and the ""* Licenses uept Receipts and Licenses issued and granted for moieties shall have the word c'erk of the I'eaco's " moiety" written or printed legibly on the top and alono; the margin.; and fee ea for eaou moi- the Clerk of the Peace shall demand and receive only 6d for a License ou ='y each moiety, 28 V., o. 28, s. 23, 422 LICENSE AND BEGISTRATION DUTIES. * Cart Licenses The Clerks of the Peace shall deliver to the persons entitled, Licenses Hactoey mri for Carts, Hackney Carriages, Boats and Fire-arms ; and each License ^^ ' shall state the distinguishing letter assigned by the Executive Committee to the parisSi for the year, and be marked and distinguished conformably there- with, and be numbered in each separate jplass with the number assigned Separate licenses thereto in the Collector's receipt, andas^arate number shall be assigned for eaoh cart, to, and a separate License issued for each Cai't, Hackney, Carriage, Boat haclmey carriaee ^d Fire-arms ; but any number of Fire-anns may be included in a License ""k^c^ILs ^°'' same, 28 V., c. 28, s. 24. Le 1 1 e r and '^^^ letter and number mentioned in the License shall be painted on number to be the right side of the Cart, Hackney Carriage and bow of the Boat, in legible painted on each letters, and numbers of the size of at least 2 inches, in white, on a dark cart, *c gi-ound, 28 V., c. 28, s. 25. Exemp t i o n 3 Houses occupied, and Carriages, Horses and Carts used by Officers of from ta^s, i n the Army and Navy on actual service, and Houses ija which Schools are kept ^mv and Njwy ^'® exempted from taxation, so long as they shairactually be occupied and or sSiool-houses '^^^^ ^7 ^^"^ Officers, or as School-Houses, but no longer, 28 V. , c. 28, s. 26. Railway, & c. Railway and Tramway Trucks and Carriages and Carts, used upon an trucks and earn- estate or pen, shall not be liable to seizure or payment of tax, so long as ages, estate's cart« jhey are used exclusively upon such Railway and Tramway, and within the lines and limits of the estate or pen to which they belong, upon any public road running through any such estate or pen, and within the lines or limits, 28 v., c, 28, s. 27. Duration of 11- Each License shall be in force from Ist August to 31st July next, 28 cense v., 0. 28, 8. 28. Attendance of The Collector of Dues and Clerk of the Peace shall, at each period Collect or and fixed for payment of Duties, attend on such days and convenient places F^e 't °' * ^ ^ throughout the parish as the Custos and Justices, or in default, as the Cus- dutiea jmd'^^Se ^"^ ^''^' determine, to receive payment of Duties, and issue Licenses, 28 V., licenses c. 28, s. 29. Collector's re- The Collector shall number in consecutive order each Receipt granted, ceipts to be num- and transcribe same in numerical order in a book to be kept in his office, bered and trans- jn {[je form prescribed by the Executive Committee, and to be open to Sorder'ina^oSt pnhUc inspection, and shall transmit to the Receiver- General, on or before His returns to *'^"^ September, a statement, declared to before a Justice, of the total num- Eeceiyer General her of persons who have paid taxes or duties, with the aggregate of eacli in September liead or division of items of property, and the total amount of payments to And monthly 28th September, and within 5 days after each month , transmit a simitar afterwards statement for the period elapsed since the date to which the last return was made, in such form as the Executive Committee shall from time to time direct, shewing the number in consecutive order of the receipts issued by him during the then preceding month, with the names of the taxpayers, the items of properiy, and sums paid by each, and the gross aggregate receipts of the month, including Land Tax, and shall, at the same time. With the transmit to the Receiver-General the full amount of all duties and moneys amoantofreceipts received by him, deducting £6 per cent, for his services under this Act, less £6 per cent, gs V., c. 28, s. 30. Tor lllS SBFVICBS J I Clerk f t h e The Clerk of the Peace shall mark on each License the number of the Peace to mark 11- corresponding Receipt of the Collector, and on each License in respect of censes with cor- each Cart, Hackney Carriage and Boat, the distinguishing number of the responding num- current licensing year. The number of the General Receipt, and the sepa- ''^Additional par- rate number assigned to each shall also be marked on the License there- ticulars for carts, for. He shall also keep a separate record in alphabetical order, in form SCO . prescribed and supplied by the Executive Committee : and within 10 days Alphabetical g^fjgj. ^.^,ggJ.p;pJ^^i^^ of gach month, transmit to the ReBBiver-Geneial a Monthly copies copy of his record book, she\ying the names of, and items of property, to be sent tO Be- and sums paid by each person, declared to before a Justice, and lay be- ceiver General fore each Quarterly Vestry his record book of Licenses, except in St. y 'k°?aia°before Catherine, where the Clerk of the Peace may make a return of the quarte™Yestry names of the persons who have taken out Licenses during the quarter in St. Catherine each parish of the precinct, 28 V., c. 28, s. 31. precinct j,^^ pj^^.^ of the Peace shall be entitled to a fee of Is. upon each „*^'^*x?' *''' License granted by him, except in cases of moietiesto be paid with tlie Peace snees Duties to the Collector, who shall account for, and pay over the same to his credit, and at the foot of each receipt, specify the amount of fees so re- ceived, 23 V., c. 28, s. 32. WCENSB AND BBaiSTBATION BUTIHS. 433 The Collector and Clerk of the Peace shall, for every neglect or de- ifegieot of Col- fault, forfeit not exoeeding £5, over and above the amount of Duties not lector or Clerk of transmitted ; and vyhere the defaulting officer is the recipient of salary from the Peace the Treasury, the Eeceiver-General shall deduct therefrom the amount of the penalty inflicted, 28 V., c. 28, s. 33. Each Collector shall be paid g salary of dE40 per annum on the Gover- Collector's sala- nor's Warrant, in addiiini to the commission of £6 per cent, authorized to ry be deducted from all moneys collected by him, 28 V., c. 28, e. 34. Every item of property liable to, but which has not paid Duty or been Beisure of uik Licensed aud every Cart, Hackney Carriage or Boat, not lettered or num- licensed property bered accoiding to the register Of the parish as directed, and whether be- f^f£?^ht°a bo' ing used or not, shall be seized by any Policeman or Constable, and con- if^SIn veyed to a Justice, who may direct the same, and all goods found in the After cUaposal' Cart, Hackney Carriage or Boat, so seized (except the party in charge, think fit to remove the goods), to be kept until the case can be adjudicated by the Justices, who may direct the property to be detained until re- deemed or sold, 28 v., c. 28, s. 35. Out of tlie proceeds the Collector shall be paid the amount of the Out of proceeds Taxes or Duties and License, aud the cost of taking, keeping and selling ^^j^^^ i^'naM the property- seized, not exceeding Is. in the pound, and 4s. to the seizing to the Oolleotor officer ; and the surplus, if any, shall be returned to the owner, or person the coste, and 4s from whom the property was taken, 28 V., c, 28, s. 36. to the seizing offi- Who may at any time before the sale, redeem the property, by com- Surplus to own» plying with the Act, and paying 4s. to the seizing officer, and the charges er, &c on taking and keeping the property not exceeding Is. per diem. The Col- roWoh D°™e't'' lector shall give a receipt as before directed, for the amount of the License may y^ ledeemecl when paid to him, and thereupon the necessary License shall be granted by the Clerk of the Peace, upon production of which the property shall be restored ; but any Justice may direct the seizing officer to sell imme- t,^'^® °' perisha- diately by public outcry, any goods seized of a perishable nature, and ° property apply the proceeds as du^ected, and notwithstanding such seizm-e and sale, penalties e n - the penalties for the breach of this Act may be sued for and enforced torcable against the offender, 28 V., c, 28, s. 37. Any person allowing his License to be used by any other person iu . Lending or us- contravention of this Act, shall be liable to a penalty not exceeding £10, inglicenses nor less than £2, and any person usiug such License shall be liable to a like penalty, 28 V., c. 28, s. 38. Counterfeiting or forging, or causing, &o., or aiding in counterfeiting oounteifeiting, or forging any License, Registration Letter, Numberor Mark, painting or &o., licenses, So impression recjuired by this Act, or knowingly uttering, giving or pro- curing to be given, or making use, or procuring to be made use of, or accepting or receiving any counterfeited or forged License, &c., in any respect or particular : penalty, £10, and imprisonment with hard labor, for not exceedmg 6 calendar months, 28 V., c. 28, s. 39. All penalties and.forfeitures, and all Taxes, Dues and Arrears to be Eeoov'ery of paid the Collector, may, instead of the process of distress prescribed by penalties, taxes 27 v., C.31, (s. 21-31) or any Act to be passed for the Collection of Taxes, anaa^ears be recoveied before 2 Justices of the parish where the offence or default was committed, or the offender or defaulter resides ; and in case of non- payment, may be enforced by distress and sale of the offender's or default- er's goods, cr imprisonment not exceeding 3 months, unless such penalty. Taxes, Duties, Arrears and Costs, are sooner paid, and may be enforced under 13 V., c. 35, or other Act in respect to summary proceedijigs ; and the Under 13 V„ u. forms may be adapted to meet the requirements of this Act ; and notwith- 35 standing anything, in 13 V., c. 35, the Taxes, Dues, and Ai-rears, or any of In one proceed- them, aud the penalty for omitting to pay the same may be included in, and ins ••ecoveied on one proceeding, 28 v., c. 28, s. 40. In all legal proceedings, the production of a certificate, purporting to be oertifloatea o f signed by the Eeceiver-General, or any Clerk of the Peace or Collectbr, Eeoeiyer General, stating the number anjd description or the value of property in respect of pe^^M and'oollei^ which the person named appears to have paid Duties, and any book, re- tors and books, re- cord, statement or return made by either of those officers in execution of cords, and returns this Act, shall be received as prima facie evidence of the truth of the state- respecting taxable ments therein ; and any certificate, purporting to be signed as aforesaid, that (aoS^^denoe™* the person therein named, does not appear, from any document in his office, authorized to occupy or keep, or use any property within the meaning of 424 Ilxem p t i o n a from stamps Refund of du^ ties overpaid Executive com- mittee -to deter- mine distinguish- ing ietter for each parish for the year Remuneration to persons aiding ooUectors False declara- tions Inforcement of act notwithstand- ing its repeal or expiry. Appropriation of certain duties to the general public service Forms and books ' Short title and duration LIGHT HOUSES— MOKANT POINT. this Act, or any greater number of any such items respectively than are expressed in any such certificate , shall be also received as prima facie evidence of the truth of the facts therein stated, 28 V , c. 28, a. il. No Receipt or Liceuso Registration, Certificate or Process under this Act, shall be liable to Stamp Duty, 28 V., c. 28, s. 42. The Executive (Jommittee may refund any amount of License Duty, '? which may appear to them to have been overpaid, 28 V., c. 28, s. 43. They shall, in each year, determine, and, by public advertisement in the Jamaica Gazette, communicate to the Clerk of the Peace the distinguish- ing letter of his parish to be affixed to Licenses for the ensuing licensing period or yeai', and which shall be the distinguishing letter for the period, and inserted in each License accordingly for the parish, 28 V., o. 28, s. 44. They may allow a reasonable sum for remniidraMn^ any person ap- pointed by the Collector, with their consent, for aiding him m discovering and proceeding against persons in default or in arrear for Duties, and otherwise in assisting in the collection, 28 V., c. 28, s. 4.5. Wilfully maldng a false declaration, or knowingly swearing falsely where an oath is required, shall be punishable as perjmy, and the proseou- ■ tiou shall be ofapublic nature, 28 v., o. 28, s.46. Notwithstanding the repeal or expiry of this Act, all Taxes and Duties payable thereunder, may be enforced, and offences punished, penalties re- covered, bonds, recognizances, &c., enforced, and proceedings continued, 28 v., c. 28, s. 47. TheDuties on Breeding Stock and Working Cattle, Estates, Planta- tions and Pens, Horsekind and Mules, Sheep, Canoes, Wherries aud other Boats, and Houses, and on Fh-e-Arms aud Stills, shall be appropriated towards the general public service, 28 V., c. 28, s. 48. The Forms and Books required shall be prescribed and supplied to the respective officei'S by the Executive Comnaittee, 28 V., c. 28, s. 49. The License and Registration Duties Act, 1865 — In force from Ist Au- gust, 186.5, untUSlst July, 1867, 28 V., o. 28, s. 51. commissioners Tonnage duty Iioan Oflicers Iiigrht Houses— IHorant Point. The Naval Commander-in-chief, the Commodore or Senior Officer, the Gustos and Members in Assembly for Port-Royal, Kingston and St. Thomas in the East, and the Members in Assembly for St. David, or any 5 of them, were appointed Commissioners to erect and maintain the Light-House, and a duty of 6d. (late currency) per ton imposed on all vessels entering and clearing out each voyage at the time of entry, with power to the Com- missioners to reduce and again increase rates not exceemng as above, and to draw upon the Receiver-General to the extent of £8000 (£4800 stg.) as a loan, bearing £6 per cent, interest, and with power to appomt a Solicitor, Clerks [and other officers ; the balance of duties, after discharging the an- nual costs and expenses of maintenance, to be applied in reduction of the interest and principal monies advanced^ 3 V., c. 66. Plumb Point neae Port-Royai.. The Admiral or Officer commanding on the Station, the Speaker of the Assembly, the Commodore or Senior Offcer, other than the Admiral, the Com- manding Officers of the Royal Engineers and Artillery, the Custos of Port- Royal, Cilstos, Mayor andHarbor-master 'of Kingston, and 8 other persons named, or such persons as shall be appointed by the remaining Commission- ers in the room of any such Commissioners, or of any Commissioners to be commissioners Tonnage dues its eic-ction and maintenance, with power to borrow not exceeding £5000 by loans ontbe credit of the taxes, and duties, at £6 per cent, interest, paya- ble half-yearly, the principal not longerthan 10 years after the passing of the Act. Vessels entenng Port-Royal or Kingston, subject to the payment on Steam Vessels of 2d per ton per register, not demandable oftener than- once in 3 calendar months, on other Vessels, 6d per ton on the whole registered Tonnage : the duty in respect of droghers and other Ships, Sloops and Vessels, LOANS GUARANTEED BY GOVERNMENT. 425 (other than Steam Veasele) engaged in the coasting trade, or trading with- in the Tropic of Cancer, to tie demandable not ol'ener than once in 12 calendar months ; in respect of all other VeBsels on every entry. And after payment of all principal and interest, the CommisBioiiers were empoweied to lower and again increase the rates not exceeding the above rates. Besides Offlcora, &o, the pei'sons to be employed in and about the Light House, the Commis- sioners are empowered to employ a Solicitor and a Clerk, at a salary of £30, 15 v., c. ir. Power was given to the Commissioners to purchase other land, 26 V., am'Momi i""'' S. 2, e. 9 s. 1. Vessels arriving at Port-Royal to laud passengeis, or receive orders, Eiomptiom from or calling off the Port to take Pilots on board, shall not be liable for "" Light House Dues, 26 V., S. 2, c. 9, s. 2. Loan flrom the Imperial Government, Perpetual Annuity. The Loan of £200,000 Sterling contracted under 4 W., 4, c. 2, upon t,^?^'^"^^ i;?S'„ which there was due £249,582 Os. 2d on 5th February, 1862, was com- of dobt'to Pariin muted for a Perpetual Annuity of £6,400, charged on the Duties and ?»«>■« "" .£s«),o(m sources of revenue mentioned in Schedule to 17 v., c. 29, next after the "" two sums of £30,000 and £25,000'. Such Annuity to become due on 30th June and 31st December, and to be applied in payment of such ex' Application penses of the Government of this Island, and of objects connected there- with, and of local improvements here, as the Governor may direct, per- suant to the instructions of one of Her Majesty's Principal 'Secretaries of State ; and an account of the expenditure to be laid before the Assemblv Aocouui to bo within the first 2 weeks of each meeting, 26 V., S. 2, c. 1. ' ^'j,*,,'',''*'" "'° *' Loans Guaranteed by Government. Immigration — £100,000. Agents were appointed to raise a Loan in Great Britain on the guaran- Aganti to i«ii» tee of the Government, to be applied in promoting the introduction of free '»•"> laborers (and to the extent of £20,000, the payment of the return passage of Coolie Immigrants). Not to exceed £100,000, at £4 per ceut. interest, payable half-yearly, m London, and redeemable 30th June, 1872, secured by the Duties imposed, and also as a farther charge on the general revenue. The monies to meet the half-yearly interest, to be remitted By the Receiver- General, as also £2500 a-year for the establishment of a Sinking Fund. £ s D Duties imposed on every hogshead of Sugar exported. 2 6 o^iS^l* .wiwi'th " " " puncheon of Rum 2 " " " tierce of Coifee 2 " " " Pimento, per 1201bs 4 Every 3 tierces of Sugar shall be taken to be equivalent to 2 hogsheads, and every 8 barrels to 1 hogshead, and 2 hogsheads of Rum to 1 puncheon, 15 v., c. 39, s. 1-15. Every package, not a hogshead, tierce or barrel, shall be charged in the proportion it bears to a hogshead of 17 cwt., 24 V., c. 16, s. 17. £50,000 having been raised, redeemable on 30th June, 1872, the agents were empowered to raise the remaining £50,000 by Debentures, redeem- able at the end.of 20 years, from the date of then' issue, 16 V., c. 25. The moneys received from the employers of Immigrants, introduced by Moneyi wceivod means of moneys raised under 15 V., c. 39, and 16V., c. 25, shall be paid by the Td/rZKlrg' Agent-General one week after receipt to the Receiver-General, to the credit ed with r«aomptiMi of the £100,000 Immigration Loan New Sinking Fund, and the Governor and Executive Committee may direct the whole, or portions of the moneys at any time to the credit of that Fund, to be invested as part of the Sinking Fund 22 v., c. 1, s. 69. 30th September. 1864. At debit of 1st moiety, £50,000 ; at credit of Sinking Fund, £19568 1 9 „ „ „ 50,000 „ „ „ 6745 3 F 426 £30,000 annuaUy appropriated for Interest and Sin]^- ingFund; and fin- port Duties t o raise aame Other provisions m&j be substituted Appnoprlatlon of £30,000 for 30 years for interest and Sinking F n n d on Guaraiited Loan unless sooner liqnl-' dated Debts to bo dis- charged out of loan Powers to raise and redeem loan and discharge inter- est at £4 per cent. liOANS ON ISLAND SECURITY, £500,000 toAif "Guaranteed. So long,^s the £30,000 to be annually raised and paid for 30 years, and to be appropriated to the liquidation *-of the Pablie Debt, and jntetest, is payable, there shall be raised and paid "uppn aU live and dead stock and goods imported^ the Dirties emimerated in Soheduje C, those in Schedule D. being to be adiiitted free, 17 V., e. 29, s. 38-40. To be levied under 17 V , c. 1, notwithstanding its expiry, if there be no other Act regulating the collection of Import Duties ; but if there be any saoh Act in accordance with the existing Act, and the produce of the Duties phall be paid by the Officers of the Customs every week to the Receiver-General, to be applied (in payment of the £30,000, and and permanent Civil List of £25,000 per annum), 17 V., c. 29, s. 41. .^ ■ The Le^slature may make other full provision for the payment and application of such annual sums.; ^d .while other provision is made, the Dalies hereby imposed shall cease to l)e collected, as also while Duties larger or equal in amount are ,co]lected and raised under aijy Act. In any such case, the sums of £30,000 and £95,000 shall be reserved and paid out of the proceeds of the Duties under any such Act, 17 V., c. 29, s. 42. There shall be payable out of the Revenue Fund yearly, for 30 years after the proclamation of this Act, £30,000 for paying the annual interest at £4 per cent., and providing a Sinking Fund . tot the liquidation of 'the portion of the Public Debt, to Be ^uhranteed by the British Governthent, which shall be paid by the Receiver-General in discharge of the Gover- nor's Warrants. So soon as the principal, and all interest on the Guaranleed Debt of £500,000, and all necessary expenses are by such means or other- wise liquidated, the payments shall cease, 17 V., c. 29, s. 46. The Debts and liabilities in Schedule F. shall be discharged out of the Loan, 17 v., c. 29, s. 50. For tlie raising and redemption of the Loan of £500,000 guaranteed by the Imperial Parliament on the security of the Permanent Revenue under 17 v., c. 29, Her l!^ajesty was empowered to appoint Agents in England, to borrow and raise in Great Britain, by Bond, Debenture or otherwise, that sum as the Commissioners of the Treasuiy ihould determine, redeemable on l-st June, 1885, for sums not lefes than £dOO, at £4 per cent, interest paya- ble in London half-yearly, as also out of the remittances by the Receiver- General, to pay the interest, and annually invest £10,000, and the accruing dividends in the British Funds as a Sinking Fund ; accounts of which to be transmitted to the Governor, through the Colonial Secretary, to be laid before the Assembly, 17 V., o. 35. , 30th September 1864 ; at debit of Loan, £500,000. " . '■■' *: At credit of SinkingPnnd, £90,000. '^"' Loans to be con. tr acted When redceuialije Iioans on Island Security. Immigration. The Governor and Executive Committee are empowered to borrow in this Island or Great Brita,in, not exceeding £50,000 m any one year, for defraying, in the first instance, the expense ol introducing Immigrants, at £6 per cent, interest, payable half-yearly, at the Island Treasury, or if drawn in Great Britain, iu London. The moneys so raised, and the interest thereon, to be the only charge upon the monSys directed by 22 V,, c. 1, to te carried to the credit of " The New Immigration Fund Account,' ' (superseded by The , -Further Immigration Fund . Account, 1861,24 V., c. 16, s. 22.), and for re- ' layment of which the credit of the Island is also pledged, in case of any de- -.icienoy, to discharge the same l>y such means, and out of such Funds;;asthe Legislature may provide whfen ijie deficiency' arises, 22 V., c. 3. The utmost amount of moneys to be borrowed on the Loan " or succes- sion of Loans, is Simited,,to the total sum of £150,000 over and above the moneys at the credit of The Further Immigration Fund Account, 1861, and the moneys to be invested under this Act, 25 V., c. 35, s. 6. The Bonds andJD'ebeirtures shall be made redeemable ; one-third of the amount or estimated amount to be required in each year, at the expiration of not exceeding 5 years ; one-third, not exceeding 10 years, and the residue not exceeding 15 years, after the expiration of the year in which the same shall be contracted ; and such principal moneys and interest shall be secured LOANS ON ISLAND SKOURITy. upon The Further Immigration Fun(J, 1861, and The interest payable lialf. yeai'ly out of any moneye theu at the credit of that Fund or otnerwise, un- der iS v., c. 3, 1'5 v., c. 35, a. 7. All moneys to be paid by employers shall be paid over by the Immigra- tion Agent to the Keoeiver-Ueneral, to the credit of The Further Immigra- tion yund Account, 1861, '25 V.', c. 35, s. 5. For providing Funds for the importation of Immigrant's and repayment of the moneys to oe borrowed under 20 V., c. 3, there shall be levied, raised and paid, the funds and moneys after mentioned, in lieu of those set apart by any existing Acts, except the Export Duties imposed by 15 V., c. 39, 24 V. c. 16, s. 5. For the redemption of the principal moneys to fall due upon the Bonds and Debentures under 22 V., c. 3, there shall be established a Sinking Fund, to which shall be carried and appropriated in each vear a sum sufficient to meet their re-payment as they become due; and the Receiver-General, under the Governor's Wai'rant, shall annuallx remit such moneys to the Agents in Great Britain, to be invested in the Public Funds, 24 V., c. 16, s. 14. The Duties in Schedule shall be levied and received by the Officers of Customs in the same manner as oflisr Duties of Customs, 24 V., c. 16, B. 15. Distinct accounts of which shall be kept by the Collector and Con- ti'oller of Kingston and by the, Eecoiver-General ; and the moijeys at the credit of the account to be .kept l)y the Receiver-General shall be from time to time transferred to &e credit of " The Further Immigration Fund, 1861," as the Governor may direct, 24 V., c. 16, s. 16. Every 3 tierces of Sugar exported shall be taken to be equivalent to 2 hhds., 8 barrels, to 1 hhd. Every other pfiokage shall be charged with Duty in the proportion it bears to the hhd. of 17 cwt. Every 2 hhds. of Rum shall be eq^mvaleut to 1 phn. Every C[uarter-ca8k or other package shall be charged with Duty in the proportion it bears to a phn. of 90 gallons. All Coffee ex- ported inpackages other than tierces, shall be charged with Duty in the proportidn of 7 cwt. to one tierce ; and every package of Sugar exported, not being a hhd., tierce or barrel, shall be charged with Export Duty, un- der 15 V., c. 39, in the proportion it bears to the hhd. of 17' cwt., 24 V., c. 16, 8.17. During the Financial Tear terminating on the 30th September, 1866, after appropriating £8000 for the purposes of this Act, the Receiver-Ge- neral shall apply any surplus moneys m aid of the expenditure of the seve- ral parishes ; and thereafter the whole amount of the Re venae derivable from such Duties shall be exclusively applicable for the purposes of this Act, 24 v., c. 16, a. 18. After making full provision for the remittance from time to time of the amounts Required to meet the half-yearly Interest on the Bonds and Deben- tures, under 15 V., c. 39, and 16 v., c. 20, as well as the annual payments provided for the redemption of the principal, as also of any other Principal or interest moneys already charged upon the produce of the Duties, the Receiver-General shall carry the surplus of any year to the credit of " The Further Immigration Fund Account, 1861,'" for Immigration puiposes, 24 v., c. 16, s. 25. The Export Duties raisable under 15 V., c. 39, and under this Act, shall continue to be raised only so long as there shall be owing or unpaid an^ moneys for the introduction of Iinmigrante, or for Loans contracted for their introduction, for payment *hpreof full provision shall not have been made, 24 v., c. 16, s. 26. Duties on Expokts undee 24 V., i;. 16. 4g7 Funds applicable to. redemption further Immigra tlon Fund Export Duties Sinking Fund Collootion of Du- ties Distinct Account to be kept Computation of packages for duties Appropriation of Duties ' Surplus Duties under 16y.,c. 39 Cosaerof Dutiis *^,.- Every hogshead Sugar.. " puncheon Eum.. " tierce of Coffee.. "* Piiliento, per bag of 1201b8., or on evei;^ faoibs. Logwood and other Dyewoods, Lignnfflvitse, Ebony, wid . Cocns Wood, per ton, at th«.^e of. .^-■^ Ginger, at the rate per cwt. . ^-fr^ ■■%■ Beeswax, at the rate per cwt ' . . l^ffv Arrowroot, at the rate per cwt . .'. - Cocoanuts, at the rate of per 1000 . . Honey, at the rate of per cwt . . ..; . Mahogany, at the rate of per M. feet, superficial measure £ s. I). 3 2 6 4 g 1 1 2 1 1. 1 5 488 LOANS ON ISIjAND SKCUHITV. Chlneao women and cbildreD £16,000 "1-atfS n'puSes . '^''?'' I'l^ceivei'-Geiierjil shall, On Warrant of the Governor 111 Executive for i866_to go to Committee, carry to the credit of the Greneral Revenue in reimbureenjeut of so much of £6039 appropriated to account of the Colonization and Back PaeeageFund, the sum of £4000, provided by 24 V., c. 16, s. 18, forlmmi gration pui-poseafor 1864-5, 28 V., c. 45, s. 8.. , The Governor and Executive Committee ' were empowered to borrow in this Island or in Great Britain, sufficient to pay the cost o£ introducing, not exceeding 1000 in any one year, Chinese women and Children under 12 (2 children counting, as one woman), as free settlers, in the manner,. a.nd with the powers given by 22 "V., c. 3, except that Ihe Bonds or Debentures should be redeemable 15 years at fni-theat after date, the half-yearly interest on which shall be paid out of the Immigrants' Colonization and Return Passage Fund, (22 V.,c. 1, s. ?1, and23 V., c.29, s. 10), and remitted as prescribed by (22 V., c. 3, s. 6) ; and the principal moneys discharged out of the amount to be accumulated on such funds, in addition to which the credit of the Island is pledged for repayment of principal and interest, 23, V., c. 30. 30th September, 1864, at debit of 22 V. c. 3, £12,138. At credit of Sinking Fund, £1500. Kingston and Annotto Bay Jckction Road. . The Trustees were empowered to borrow not exceeding £15,000, at not exceeding £6 per cent, interest, payable half-yearly, and the principal to be re-paid within 20 years from the passing 'of the Act, 'for re- payment of which and interest, the credit of the Island was pledged- 18 v., c. 66. The. Road is now one of the Main Roads under 21 V., c. 32. 30th Sept., 1864, at the debit of Loan, £9900. Kingston Slip Dock. The Governor and Executive Committee were empowered to raise in this Island or Great Britain, not exceeding £40,000, to construct a Slip- Dock in Kingston Harbour, at £6 per cent, interest, payable half-yearly, .if in this Island, at the Treasury, or if in Great Britain, in London ; and'vroen- ever the amount at the credit of the Slip Dock account, after its completion, ' is more than required to pay one year's accruing interest, to direct the excess or such portion as is considered proper, to be applied to the purchase of Bonds, ic, to be cancelled. Such Bonds, &c.,to be redeemable at such times, and in the proportions the Governor and Executive Committee deter- mine, not longer than 25 years after then' issue ; and detailed accounts to the eud of the Fnancial Year, shall be laid befoi-e the Assembly, within 20 days, shewing all monej^s received and paid on account of the Slip Dock, and. a statement in detail of the progress of the works to the first day of the Ses- sion. The credit of the Island is pledged for re-payment of the Loan and annual interest, 28 V., o. 39, s. 2-5—8-19. Kingston Thokoughfares. The Goveraorand Executive Committee are empowered to_ raise, for. the re-construction of the most inhabited streets and lanes of Kingston, in this Island or Great Britain, by'Botid, Debe'nture or otherwise, not exceed- ing £14,500, at £6 per cent, iiiterest, payable half yearly, onBouds, &c., pay- able in this Island at the Treasury, On those -payable -in Great Britain, in London : the Bonds, &o., to be redeemable not longer than 25 yeara_ after their issue", and after ^otice of not less than 12 months of the intention to pay them off ; after expiry of which, interest shall cease on those notified ) bejayable, 28 V., c. 24, s. 2, 3, 7. Taxei to meet Street and Lane, from HauoVer Street to Orange inclusive, and from the line of St. Andrew to the those limits . - ; . Each Head of Horse-kind used iu the City " For Livery Stable purposes ' ' Wheel of a Carriage " For Livery Stable purpotes solely " Cart Wheel •' " Hachuey Cui'iiage Wheel t Street, both sea, within s d 3 Beceivor-G«neral'l Account* LOANS OK ISIjAND sisouiuxy. 489 And ibere. Bball be stated annnally on the Estimates for the Pabliu Soi'vke, and caised as part of the PubKo Expeiidituie, £200, 28 V., c. 94, s. 4. The Bates and Daties shall commence in the present yeair, and with CoUectloa the items or objects ch^ged therewith, be given in for and payable at the same periods, and collected by the same Officers, and with Ihb like powers, and subject to the like? penalties and fines, for any default, and the like meaning and interp rotation of terms and all other provisions of law, as any like Taxes onHouseSiWheelsand Stock, under any Act now or at anytiifle in force, or of the last preceding License and Registration Duties Act, brit Bliall not be payable after payment of the prmcipal and Interest moneys of theLoan, 28 v., c.'24,s. 5. • ■'■ The Receiver-General shall — ; . Keep an account, entitled " The Kingston Steeets Account," in wnioh to credit all moneys received and collected, whether by sale of Bonds, &c., or for Taxes and Duties, or the annual sum (£200) chaiged on the estimates of expenditure, and debit all moneys paid for the opnstructiou and execution of works, or for payment of in- terest or principal of any Loan moneys, and pay out of any money at the credit, or if none, or it is not sufficient, out of any public moneys unappropriated, the halfyearly-interest on the Bonds, &o., or remit same for payment in Gfreat Britain, 28 V., c. 24, s. 6. .Accounts to be laid before the Assembly within 28 days after meeting, Acconnta to b« distingashing the sums paid for interest, and principal, and other, accounts of ,omMj'°" "" *"" expenditare,28 V., c. 24 s. 13. Main Roads, &c. The Governor and Executive Committee were empowered to bourow, <60,ooo either in tbislslandor in Great Britain by Bond, Debenture or otherwise, not exceeding £50,000, as requu'ed for the purposes of this Act, and to apijoint r Agents to raise money in Great Britain, at an interest not exceeding £t> per cent., payable half-yearly at the Treasury, if payable in this Island, or in London,"if payable in Great Britain, and the principal to be redeemable at the farthest at the end of 50 years from date ; the interest to be payable out of any moneys at the credit of the Main Road Fund Account, or, if the same be at any time deficient, to be made good out of any other unappropriated Public Revenue, but to be re-paid ont of the first moneys aflerwards to come to hand on account of the Main Road Fund, 21 V., c. 34, s. 3-5. Similar provisions in respect of a further Loan, not exceeding £40,000, x«),ooo for Main Roads, 24 V., c. 26 s. 1, 2, 4. ^ For making provision for the redemption of the Main Road Loans, un- Bsdemptioii def21 v., c. 34, and 24 V., c. 26, in the Financial Tear 1885-86, and each subsequent Financial Year, autU redemption of such Loans, there shall be appropriated and charged the Estimates of the Public Expenditure, not ex- ceeding £15,000, to be applied by the Governor and Executive Committee in redemption of the principsu moneys, according to the namerical order of the ' JJebenturei until fully redeemed, 27 V., S. 1, c. 25, s. 2. The Governor and Executive Committee may extend the periods for Eitoniion of Do- which Debentures have been issued, so as to bring the time of payment lien^uroB within this Act, but so as not to postpone the period of payment beyond 1890,27 v., S. l,c. 25,s. 3. This Act incorporated with 21 V., c. 34, and 24 V., c. 26, 27 V. S. 1, u. 25, s. 4. ■-■ . Power to the Governor and Executive Committee to borrow in this iEia.ooo Island or Great Britain, not exceeding £12,000, by Bond, &£., redeemable at furthest at the end of 25 years from their issue ; the interest to be paid half yearly as they fall due on those payable in the Island,jj,nd remitted to Great Britain to meet such as are payable there : and not exceeding £300 a-year, to be invested in the British Funds towards a Sinking Fund. The moneys borrowed and interest to be a charge on the general Revenue, and the moneys required on account of principal and interest shall be an- nually stated in the Estimates, and raised annually as part of th e general Public Expenditure, the moneys borrowed to be entered as " The Main Road Further Loan Fund, 1863," and carried to The Main Road Fund Account, under 21 V., c. 34. £10,000 of the Loan to be disbursed solely for reconstruction of Roads and building of Biidgee ; and detailed accounts 430 lOANS ON rSI/AND BEOURITY. . of the expenditure, and of thejpayments of interest jand itiVesLm^nte, la«d;;.j before tlie Assemblv within 28 days after the Sessibn^26'-V., S. 2, e. 5E*?ji ■*2T,aoo Similar provisions iu respect rfa further Loan, not exceeding £27,008, '■-■ to be appropriated, £12,000 to'the' Main Koaa Further Loan Funa^ii £10,000 to the Dry Eiver Bridge Loan account, and £5000 to the Paro- ™ chial KoadeLoan Sinldtttg B'und not exceeding £810 per annum. [Detailed' accounts to be laid before the Assembly, 27 v!, S. 1, c. 24. _£^QQO A further Loan riot exceeding £9000 for re-payment to^the Treasury " of advices for repairs of Eoads and Bridges -under 27 "V., S. 2, c. 6, in consequence of May, 1864, floods. Sinliuag Fund, £3 per cent, per annum on amount actually rwe.d, 28 V., c. 26. 30th Sept., 1864, at debit of 1st Loan £50,100 2d 38,250 3d 12,000 at credit of SinMng Fnnd £300 4th 13,950 ■ pAKOOHiAL Debts. _ , jei6,o "o » hewn scantling or other Timber, by quarters of an inch, and which boards &c.; whether under or over an inch in thickness, shall be so calculated or re- duced that the 1000 feet of measurement shall contain equal to 1000 snper- 'ficittlfeet of 1 full inch thickness, 9 V., c. 20s. 1. No person shall be a duly qualified Measurer without first having been Appoiniment examined and appointed by (the Circuit Court, 19 V., c. 10 s. 17), after full examination in open Court, by a competent Lumber Measurer. His fee 30s to be paid previous to examination by the person to be examined. Fine for non-attendance, 10s, to be enforced by distress warrant : and if the per- son is found properly qualified, the (Judge) shall administer an oath to him for the faithful disOharge of his office, and grant him a certificate.— cierfc Peace fee Clerk b'f the Peaces' fee, 4s. Peraons qualified under previous Act shall continue so; 9 V., c. 90, s. 2 432 AcUne Without being qualified Fees Penalty for fttlso- ly marking LUNATIC ASYLUM, NEW. Attempting to act without being qualified : penalty, £6, 9 V., o. 20, s. 3. Fees 4s., for eveiy 1000 feet of Lumber he actually measures and marks, 9 V., c. 20, a. 4. Penalty for marking any board, &c., for more or less than is really contained therein, 10s., recoverable before ? Justices, half to the person who sues, the other half for the use of the poor of the parish, 9 V., 0. 20, s, 5, Erection Site and Groundi Board of Viflitorif s a quorum Meetings and du- ties Cliairman Visitors* Bool( Inspector and Di- rector Chaplain Duties of Inspect- Medical Supcrln. tend e n t— Medical Officer Inspector's An- nuel Keport for Le- gislature Lunatic Asylum, New. Erected under powers conferred by 7 V., c. 11. And lands acquired for site and grounds under 11 V., c. 33. A Board of Visitors, oonsietingof the Bishop of the Diocese, or, in his absence, the Bishop of Kingston, the Qustos and Mayor of Kingston, In- spector of Prisons, Police Magistrate of Kingston, Principal Medical Offl- cers of the Army and Navy, amd 5 persons repident iu or n car to Kingston, (one of the Medical Profession) shall be appointed and removeable by the Go- vernor, for the snpei'visiou of the Asylum, but shall not receive any emolument from the Institution, or have any pecuniary interest, direct or in- direct in any contract for supplies. 5 to form a Board, 25 V., c. 9, s. 1. The Board shall meet once a quarter, or oftener, at the Institutions and inspect the books and accounts, as also the wards, cells, stores, ard every other place, and the liquors, provisions, and medicines in- store; re- ceive and investigate complaints by and against officers, servants, patients, or inmates, and, iif necessary, report thereon to the Governor, and draw up and transmit to him such other reports or returns as they deem necessaiy, or the Governor calls for: and any Member may call at and inspect the Asylum, or any portion, at any hour of the day or night', and examine any inmate ; and the Board may suggest alterations m the rules and regulations, for submission by the Inspector and Director, for the consideration of the Governor iu Executive Committee, 25 V., c. 9, s. 2. The Board shall, at a General Meeting, elect annually a Chairman. In his absence, the Members present may elect one pro tern, 25 V. , o. 9, S. 3. A Visitor's book shall be kept, in which Members shall enter the dates of their visits, and remarks on the management or regulation of the Institution. Copies to be forwarded weekly to the Governor by the Clerk, 25 v., c. 9, B. f The Inspector and Director of the Public Hospital, shall be Inspec- tor and Director: the Chaplain of the Penitentiary, the Chaplain. The In- spector's duties and authorities shall be the same as in the Public Hospital : also to draw up, alter or amend rules and regulations (suljeot to the ap- proval of the Governor in Executive Committee) for the government and guidance of the Board of Visitors, and aU patients, officers, servants, and mmates, and for enforcing cleanliness, temperance, and decent and orderly behaviour. The rules shall be printed and hung up in the Building, and read publicly by the Clerk to the officers and servants, in his presence once a month ; and copies subscribed by the officers, attendants and servants, or such as are required ; and such of the Rules as it is deemed expedient shall be published in the "Jamaica Gazette," or any other newspaper; under diiection of the Governor in Executive Committee, 25 V., c. 9, s. 5. The Governor may appoint and remove a Medical Superintendent, and if he deems it expedient, may engage the services of a qualified Medical Officer, trained and accustomed to the modern treatment of the insane,- and as occasion requires, make an acting appointment. Any permanently ap- pointed Medical Superintendent shall reside in and devote his entire atten- tion to the Institution ; but in case of an acting appointment, residence and exclusive attention may be dispensed with. The salary of the holder of an acting appointment shall not exceed £300 ; that of a" Medical Superin- tendent, £600 ; and in case of an appointment from abroad, the Governor may allow £60 for expenses of removal, 25 V., c. 9, s. 6. The Inspector and Dirtctor slmll annually prepare, in triplicate, a repor' to the Governor, to be laid before the Legislature, of the state and condi- tion of the Institution to 30th September, as also of the expenditure and contract prices of the past and requii'ements for the coming year, to be pre- viously submitted to the Board of Visitors, with the draft reports of the LUNATIC ASYLUM, NEW. 433 Medical Superintendent's (s. 18) and Chaplain's (post), botli of wliich tlie In- spector, &o., shall have copied in triplicate, to be ibrwarcted to tlie Governor for presentation to Ihe Legislature. The Chaplain shall perform Divine Ohaiiiiiin'» auiios Service at the Institution every Sunday, and as oftdn on week days as practicable, shall visit the sick, and generally administer religious consola- tion to such of the inmates as the Mediciil Superintendent considers in -a fit state to receive it. But not to prejudice the rights of Ministers of other Eeligious Denominations from visiting under the Rules and Regulations of the Board of Visitors, approved of by the Governor ; and the Chaplain shall annually, as soon after 30th September as possible, furnish to the Inspector and Director a draft report, 25 v., c. 9, s. 7. The Governor may, on application of the Board of Visitors, appoint and Consulting Moai remove a Consulting Medical Attendant, vphose attendance shall be honorary, °°' Attendant and without emolument, and who shall be ex officio a Member of the Board ■ «« of Visitors, 25 V., c. 9, s. 8. The Governor may also appoint and remove the following Oificers wlio purreyor or sio- shall be resident on the premises : A Purveyor or Steward, to act as Dis- ward; ciert penser and Clerk to the Board of Visitors, salary £120 ; a Warden, salary Warden j Matron dSlOO ; and Matron, salary£8'l, exclusive of boarf, washing and servants. The Warden and Matron to be trained and accustomed to the modern treatment and management of the insane ; and in case of an appointment from abroad, the Governor may allow each £25 for expenses of removal, 25 V., c. 9, 6. 9. The subordinate officers and servants shall be appointed and removed Subordinates by the Inspector, with the concurrence of the Governor, except tlie nurses, who shall be appointed with the concurrence of the Medical Saperintendent, subject to the Governor's approval. They shall receive salaries not exceeding the sums to be allowed by the Governor in Executive Committee, and may receive rations, orbe otherwise dieted daily from or at the Institution, and other perquisites, in addition to, or in lieu of portion of salary, subject to the regulations of the Board of Visitors, 25 V., c. 9, s. 10. No stores, provisions, wines or other necessaries (except medical stores stores, &c. (ei- and materials for domestic or personal clothing, wliich may be imported oStii'""!'!'"^' ""* with the sanction of the Governor in Executive Committee, without tractSi^for by ten- competition,) shall be contracted for or purchased, nutil after advertisement ^<" '<" i year iutbe " Gazette" or other newspaper, by direction of the Governor in Execu- tive Committee, calling for tenders ; the most advantageous to be accepted. Contracts and securities shall be entered into with the Executive Commit- tee, and no contract shall inure beyond one year. In cases of emer;;ency, the Inspector may contract for or order supplies immediately required, not ex- ceeding £20 at one time, 25 V., c. 9, s. 11. Persons of unsound mind chai-ged with Felony, and acquitted on ae- ■„uh°iamv°^^'^°'' count of insanity, or found to be insane at the time of arraignment, or who may be committed or removed to a Lunatic Asylum, shall be con- fined in the New Lunatic Asylum, 25 V., c. 9, s. 13. Upon information before a Justice that any destitute person, whose Dostitnts insane relations or friends are unable or unwilling to take charge of him, is wan- £,°"j°°! 1''""^°''''"" dering at large, and deemed to be insane, and it is dangerous he should "''"' be permitted to go at large, he shall issue his Warrant to apprehend and bring him before 2 Justices for examination, who may" summon witnesses, and call to their assistance a legally qualified Medical Practitioner ; and if it appears the person is of unsound mind and dangerous, may, by order, cause him to be conveyed to and detained in the Asylum ; which War- rant and Certificate of a Medical Practitioner that he is a iit subject to be confined, and stating the form of the disease shall be left at the institution with the person. If more than 4 weeks have elapsed since 'the Medical certificate was granted, a fresh certificate must be obtained after exanjina- tion. If anyperson appears to the Medical Superintendent an unfit subject for admission, he may, with or without further consultation with the Cou- *Eulting Attendant or other Medical man, refuse to receive him, and may send Sim, if sick or destitute, to the Public Hospital or Poor House, and enter his reasons in the Books of the Institution, a copy of which shall be forthwith transmitted to the Governor by the Inspector. Anyperson ad- mitted as an inmate maybe delivered up to his friends or relations, or upon recovery discharged, if in the opinion of the Medical Superintendent it is safe and expedient to do so, 25 V., c. 9, s. 14, 3g 484 HJNATIO ASYirM, NEW. Cost o» convey The oost of conveyance of any Lunatic to the Asylnm, where expense «w inatitutfon" °° '^ iDcarred, shall be.admitted as a charge against the Institution, when cer- tified by the Inspector as just and necessary, and no expenditure or draft on such account shall be made by any Vestry, or allowed, 25 V., c. 9, s. 15. other Liinatici The Medical Superintendent may receive as an inmate any insane ""ed pOT°dieiii, bo- person, at the instance of any relative or friend willing to pay, and giving ■idei clothing,' &o. security, to be fixed by the Inspector, for payment of the charges for his maintenance and treatment, at the rate of not less than Is. 6d per diem, and any additional charges for clothing, extra diet or otherwise, and funeral expenses, upon there being left with the Medical Superintendent a certifi- cate signed by 2 legally qualified Medical Practitioners, to the efiect that they had each separately, at least on 2 occasions, examined such person as to his mental condition, and that he is, in their opinion, insane, and a fit subject to be confined in the Asylum, Form jSchedule B, 85 V., c. 9, s. 16. Begister of In- The Medical Superintendent immediately upon admission, shall make ■""'" an entry in the Begister of Inmates, in* the form agi-eed upon by the Vi- sitors, and sanciioned by the Governor in Executive Committee. The Register shall be regularly entered up, and open to the Inspector and Visi- ' tors, 25 v., c- 9, b. 17. Bookn to be regu- The Medical Superintendent, with the afisistance of the Dispenser lariy written up nnd and Clerk, shall keep regularly written up to date, the Books to open to inepeetion ^^ ^^^^ ^^^^ ^^g^ provided by the Board of Visitors, and the Medioai anmmi Medical Superintendent shall keep a full record of daily occurrences, with report ^ Written statement of the past (so far as can be obtained) and present his- tory of every inmate, which books shall be open lo the Inspector and Vi- sitors ; and the Medical Superintendent shall annually, as soon after 30th September as practicable, prepare a Medical Report of the state of the In- stitution dnd Its inmates, t^ he submitted to the Board of Visitors by the Inspector (s. 7), 25 V., c. 9, s. 18. state m n t of In case of the death of any patient, a statement {Foitd, Schedule A.) ''°'"'" of the death and cause, and the names of any persons present, shall be drawn up and signed by the Clerk and Medical Oflicer, and a copy trans- mitted by the Clerk to the Registrar of Deaths for the district, 25 V., c. 9, s. 19. Deititute diieharg^ The Inspector, upon the discharge of any destitute patient may lumish ?nrn?fhea'"w'f t h hiu^with means to support himself until he can return to his home or friends, means to retnm nofc exceeding Is. per diem, or 8s. in the whole, 25 V., c. 9, s. 20. jProperty of |per- If any insane person at the time of admission is possessed of any pro- ■ona admitted perty, it shall be taken charge of by the Clerk, and full particulars entered in a book by him, and attested by the Medical Superintendent, and shall be liable for his medical attendance, &c., at the rate of Is. 6d. per diem, and funeral expenses, in case of death, and may be sold by the Inspector to defray same, the surplus to be delivered up to the patient upon his dis- charge, or, in case of nis death, to the parties legally entitled thereto, upon application, 25 V., c. 9, s. 21. Keeovery of AH moneys due by or on account of patients or for funeral expenses, moneys due by pa- shall he recoverable by the Inspector in the Petty Debt Court at tients, &e. j^ Kingston, or of the parish where the defendant resides, at the option of the Inspector, without limitation as to amount ; and for recovery thereof out of the estate and effects of any person of unsound mind, the summons ad- dressed to him may be served upon the Medical Superintendent, and judg- ment enforced under any Petty Debt Act, except a6 respects the imprison- ment of such person while of unsound mind, 25 v., c. 9, s. 22. Orders of Justices I^ i' appears to 2 Justices that any Lunatic has any estate applicable to on j-oiatiTos or his maintenance, and more thau sufiicient to maintain Ms family, if any, they ftionds, &o. lor may, on application of the.In8pector, make an order iu writing, under their ^o)-ment dues, ^^^^^ ^^^ seals, to the nearest known relative'or friend for payment of the Asylum Dues and funeral expenses, or either; and if not paid within one month after service, they or any other Justices may, by an order under their hands and seals, direct any Collector of Petty Debts or other person, to seize so much of the money, and seize and sell so much of the goods, and take and receive so much of the rents and profits of the lands and tene- ments of such Lunatic, and of any other income of such Lunatic as may be necessary to pay the dues and expenses, or either, accounting for the same to the same or any other Justices, such dues and expenses, or either, having MAIN ROADS AND BEIDKES. 43§ been first proved to their satisfactiou by the certificate of the Inspector, or otherwise, and the amount set forth in snch order. , If any Trustee or other person having the possession, castody, or charge of any property of the Lunatic, or if any company, or body or person, hai;ing in their lianda any stock, interest, dividend or annuity belonging or due to the Lunatic, pay the vfhole or any part to defray the amount set forth in the order, the re- ceipt of the Collector or person shall be a discharge, 25 V,, c. 9, s. 23. AH moneys to be received for the Institution shall be paid to the Re- Moneys lo bo paia ceiver-General, and be applicable to the expenses of the Institution, and to iteoeivor-Gonerai payable under Warrants from the Groveruor, 25 V., c. 9, s. 24. Any Superintendent, Officer, Nurse, Attendant, servant or person em- ni-troatmiiiit ot ployed, striking, wounding, ill-treating or wilfully neglecting any Lunatic, 5?^'°?,'*'' J™""' shall be guilty of a misdemeanor and subject to Indictment, or on a sum- °' ° ""* " mary conviction before 2 Justices, not exceeding £20, nor less than jti2, (sic), 25 v., c. 9, s. 25. Medical Certificates shall be according to Form Schedule B, 25 V., ModUai Cortia. c. 9, s, 26. =■"«» The Board of Visitors may administer oaths to officers and inmates on „ ... enquiries. Persons wilfully giving or procuring, or instigating false evi- dence, shall be punishable as for peijury or aubornation, 25V., c. 9, s. 27. New Lunatic Asylum Act, 1861, 25 V., u. 9, s. 28. sitortTiilo] SCHEDULES. 1 hereby give you notice, that private (or pauper) pa- NoUco of acath tient admitted into this Asylum on the day of *"•• •■ ^^ died therein, in the presence of on the day Signature Clerk of the Asylum. Dated the day of 186 I certify that the apparent cause of death of the said as ascertained by post mortem examination (if so) was Signature ,'.. Medical Superintendent of the Asylum. I, the undersigned (here state the qualification), and being in actual Meaionl Certii- practice as a Medical Practitioner, hereby certify that I, on the °'"°' ^' ■■ "> '"■ ^^ day of at in the parish (or town) of (in any case where more than one Medical Certificate is re- quired by this Act, here insert, " separately from any other Medical Practitioner," and, if necessary, " on two separate occasions"), per- sonally examined A. B. of (insert residence and profes- sion, or occupation, if any), and that the said A. B. is a Lunatic (or an ^ idiot, or a person of uusonna mind), and a proper person to be taken charge of and detained under care and treatment, and that I have formed this opinion upon the following grounds : — ]. Facts indicating insanity, observed by myself (here state the facts.) 8. Otherfaets (if any) indicating insanity communicated to me by others, (here state the information, and from whom). Signed place of abode. Dated this day of " one thousand eight hundred and Main Roads and Bridgres. The following lines of Roads were transferred to, and placed under the jtnin superintendence of the Main Road Commissioners to be managed under v , c. 32 this Act : — North Western Postal Route. From Kingston to Green Island, by way of Spanish Town, Linstead, 436 37 v., B l,c. 36 ■MV. 0. 30 Property [n thom Commlasloners SIAIN ROADS AND BKIDGBS. iMoH6ague(by Bolt's Hill) to St. Ann's Bay, Rio Bueno, Palmoutb, Mon- tego Bay, Lncea. South Westekn Route. Prom Spanish Town to Green Island, by way of Old Harbour, Four Paths, Porus, Mandeville, over the Bull Head Hill, down Spur Tree Hill to Black River and Savanna-Ia-Mar. From Old Harbour ..(through Salt River to the Alley, through Sedge Pond), to Milk River Bath to the foot of Bos- sus Hill. From Bread Nut Bottom to Chapelton. From Poruato the foot of the Bogue Hill. South Eastern Route. From Kingston to Port Antonio, by way of Yallahs, Morant Bay and Mauchioneal. North Eastern Route. From Port Antonio to Ocho Rios, and to the intersection of St. Ann's Bay. Miscellaneous. Kingston to Gordon's Town. Moneague to Ocho Rios. Montego Bay to Savanna-la-Mar, by Ramble and Montpellier. Dry Harbour to Stewart 'Town. Kingston to Annotto Bay. From Hoghole (St. Thomas in the Vale), through Rio Magna and Non- such, to Port Slaria, 21 V., c. 32, s. 1. Also the portion of Road from Hoghole Estate, St. Thomas in the Vale, to the Haiti Koad near Shenton Estate in the same parish. The Road fi ora ibe Baptist Chapel :n Spanish Town, to the entrance of the Guauaboa Vale at Aylmers, St. John's, and the Road from Worthy Park Estate to the Jr^nction with the Main Road at Ewarton. The proposed new Road from North to South between Trelawny and St. Elizabeth, and Manchester. Snob part of the Road from the Bogue in St. Elizabeth as leads through Elim, to the Junction of the Main Road at the Tomb-stones near Lacovia Biidge, 25 V., c. 12, s. 34, That portion of the Road from the Harbour of Port Morant, through Bowden, across the Iron Uridge, lo the Main Road at the foot of Quaa Hill leading to Mauchioneal, and the poition of the Main Road through Bath from Port Morant to the foot of Quaa Hill, was transferred to the Parochial Road Board, =2', V., c. 12, 9. 34. But restored as a Main Road, by 27 V., S. 1, c. 36, s. 6. The Uoad No. 36 in Hanover, leading from Lucea Bridge over Riley's River, to the Main Road at Glasgow in Westmoreland, 28 V.,c, 30. All grants for opening and makin" the proposed new Grand Junction Road between Trelawny and St. Elizabeth, and Manchester, shall be under • the control and disposal of the Main Road Commissioners, to be appropriated' for such purposes, 25 V., c. 12, s. 35. The superintendence and powers of the Trustees or Parochial Com- missioners over the Roads or portions of Roads transferred, were deter- mined, and existing contracts. continued, and moneys due or becoming pay- able by the Trustees or Commissioners, shall be payable out of any out- standing moneys or funds at the disposal of the Governor and Executive Committee under this Act, 21 V., c. 32, s. 9. 1 The right, interest and property in the Roads and Bridges, erections, buildings, mile-stones, posts, rails, fences aud things provided for them, with the several conveniences and appurtenances and materials, and all materials, tools and implements provided for repairing the Roads, and the scrapings of the Roads shall be vested in the Commissioners' ; and in all legal proceedings, civil and criminal, It shall be sufficient to state generally that they are the property of the Secretary for the time, 21 V., c. 32, s. 57. The Commissioners incorporated under the name of the Main Road Commissioners, to sue and be sued, have a Common Seal, and do all other acts appertaining to their Coi-porate Body, 31 V., c. 32, s. 58. MAIN ROADS AND BRIDGES. 437 The Governor and Members of the Executive Committee, or any two Oommi.aion(ji-8 of them, shall have auj exercise all the powers of JMain Eoad Goramis- siouers, 21 y., o. 32, a. 4. The Chairman of the several Parochial Boards of Commissioners of J;''i°'p™"°,°'''°"'" Highways and Bridffes shall be entitled to attend quarterly and other ° '" °° meetings of the Main Road Commissioners, and any Chairman who at- tends may take pnit. in, and vote upon any discussions or resolutions at such meeting, in respect of any transferred Eoads or Bridges situate in the parish for which he is Chairman, but not in respect of any others situate elsewhere, 21 V., c. 32, s. 5. The Governor need not preside at or attend any meeting, except not bTrresentf ci- where its purpose is to discuss or determine what money shall be bor- copt where in'onBy rowed for the purposes of the Main Egad Act, 25 V., c. 12, s. 44. borrowed"^ '° "" At least 14 days" notice of all meetings shall be published in the " Ga- Noaootmeoiingi zette'' before they are held, 21 V., c. 32, s. 5. The offices of ConntyCommissioners abolished, 25 V., e. 12, s. 1. Coimty rommin- sionera abolisUed The Governor mayappoint 3 Civil Engineers, to have the care, manage- Engineers ment, control and superintendence ot the Main Eoads, removeable at plea- sure : salary, £600, m full of travelling and other expenses incidental to the office; and a Secretary (salary, £250), 21 V., c. 32, s. 3 ; 27 V., S. 1, o. Seereiaiy 36, s. n. £50 per annum placed at the disposal of the Governor and Executive contingencies Committee tor contingencies of office, 25 V., c. 12, s. 42. Duties of Main Eoad Commissiohers. To attend Quarterly Meetings, and such further Special Meetings as the nmies of Main Governor directs to be summoned, and to form a Board, to be called " The f^""'' commission- Main Eoad Commissioners," and under that name, to discuss and deter- Moneys to be bor- termine what money shall be borrowed under the powers given to the ">t"^ Governor, with the advice of the Executive Committee; what Eeports, Engineer's ro- Statements, Surveys and Documents furnished by the Engineers shall be ■'""' ^° adopted ; to what extent alterations shall be made in any Eoad or Bridge, and -srhat new Eoad or Bridge it will be expedient to lay out or build ; and Apportionment of to apportion the amount of expenditure to be laid out on each Eoad for ge- Espenditnre nerai repairs, as also for the alterations sanctioned to be made on each Eoad or Bridge, or the layins; out and building of new Eoads and Bridges, distinguishing the expenditure to be sanctioned under separate heads. To supervise the annual General Eeturn prepared and submitted by Supsrvis on of the Engineers, and to determine the probable amount of expenditure under ro°urn°" ' »°°"" separate heads, required for the ensuing year ; what amount may be ex- Probable expen- pectedtobe met by unexpended grants or funds of any previous year; yeiS-™anaVantlf^? what amount it should be recommended to the Legislature to grant towards be recommended the proposed expenditure for the ensuing year ; and what sums should be expended out of moneys in the Eeceiver-General's hands, borrowed under this Act, 21 v., c. 32, s. 4. The Commissioners of Highways and Bridges in each parish shall, on Local Commia- or before 10th April in each year, elect not exceeding three of their own «""«'» Body who consent to be Commissioners for the care and superintendence of the Main Eoads, who in conjunction with the Gustos or Senior Magis- trate representing him, shall be called " Local Main Eoad Commissioners," 25 v., c. 12, s. 2. The Members of the Legislative Council, if resident in the parish, and Members of Coun- the Members of the Assembly for each parish, shall be ex-offioio Members of °'y'°'offl'™''K,o i the Board of Local Main Eoad Commissioners, and exercise all the anthori- commissioners " ties and functions vested in other Members of the Board, 27 V., S. 1, c. SB, s. 1 In case of the death, absence from the Island for more than 3 calendar Vacancies months, or removal from the parish, or neglect to attend 3 meetings in suc- cession without sufficient excuse, or otherwise to perform the duties under 25 v., 0. 12, or on the resigTiation of any Commissioner, a vacancy shall be oc- casioned, and filled up with all convenient speed by the election of a new Commissioner, 27 V., S. 1, c. 36, s. 2. The Local Commissioners shall meet from time to time, by notice in Meetings writing, signed by 2 Commissioners, of whom the Custos to be one, and any 2 Commissioners form a quorum for the despatch of business, 35 v., c, 12, s. 3, 438 MAIN ROADS AND BRIDGES. The CuetoB or Seuior Magistrate Bhall order the meeting, and the Clerk shall sigu the notice, which is a sufficient summons, 27 V., S. 1, c. 36, s. 3. . The Clerk to the Parochial Board of Commissioners of Highways a»d Bridges shall be the Clerk to the Local Main Boad Commissioners, and re- ceive £10 per annum additional salary, 25 V., c. 12, s. 4. Dutios of Local Duty of Local Commissioners. Commiaaionors Eznminatioti and To aid and assist, and act under the instructions of the General Board approval or diaap- of Main Koad Commiesioners ; examine every Tender for work or repairs, '""a' oppiioaoona *"' ^°' *'^^ Supply of materials on any Main Road or Bridge in the parish, for advances, audit and if they approve, countersign it before its adoption, if not, state in accounts, and lay writing thereon, or annexed thereto, their objections ; and examine or fors "he ''General cause, &c., by Bome competent person if the County Engineer is away, Board any works or repairs executed of'in progress on any account or applica- tion for an advance, before attesting and sanctioning payment or any ad- vance ; to audit accounts for payment of extra services of persons em- ployed in the abseiice of the County Engineer ; to lay before the General Board of Main Boad Commissionei'S a statement of all Tenders accepted or declined, and of all accounts attested or advances sanctioned ; and also of all accounts or applications rejected or objected to, with their reason in every case for declining any Tender, ,"&c. ° '° ° ""^ difier in opinion, 25 V., c. 12, s. b. Each Engineer, with the sanction of the Main Eoad Commissioners, may enter into contracts for repairing and keeping in repair for one or more years, any Roads or Bridges, or portion Of Eoads and Water-Courses, the moneys to be pavable in any year thereunder not to exceed the sum apportioned to the Eoad, Bridge, or portion of Eoad, the subject of the contract. No Engineer shall expend, or direct the expenditure of a greater sum in the whole on the Roads and Bridges under his superinten- dence in one year, than has been appropriated by the Commissioners, 21 V, c. 33, s. 7. Each Countj Engineer shall, for 4 consecutive 'veeks, with the sanc- tion of the Mam Road Commissioners, advertize i i the "Gazette" for persons willing to keep the Main Roads, not then under contract, in order, for 12 months or more, after 1st March, 25 V., c, 12, s. 11. Each County Engineer shall submit to the l/ocal Board every tender he receives for work or repairs, and every account and application for an advance, and every asseosment or agreement for damages, under 21 V., c. 32, s. 16, for examination ; and no tender shall be adopted, or any ac- count or advance audited, unless approved or countersigned by a quorum of Local Commissioners, and they have "directed the adoption or payment, 25 v., c. 12, s. 7. At the end of each quarter, he shall make a complete inspection of the Main Boade and Bridges in each parish, and make a report in detail to each Local Board, to be forwarded after their inspection, w^th such remarks as he deems necessary for the guidance or adoption of the General Board of Main Road Commissioners, 25 'V.,c. 12, s. 8. And make up once in each month an account in detail , of all moneys certified by him as expended, verified bv solemn affirmation before a Jus- tice, and lodged with the Secretary of tlie Main Eoad Commissioners, 25 V. c. 12, 6. 12. The Governor and Executive Committee may employ any Engineer in any one or more than one County from time to time, and assign any particular Eoads, or lines, or sections, for supervision and care, or to ae laid out, or formed, or altered by any such Engineer in any one or more than one County, 27 V., S. 1, c. 36, s. 5. No Civil Engineer or Local Commissioner shall engage, either directly or indirectly, or be personally inteiested in any contract for any work on any Eoad whatsoever, 25 V., c. 12, s. 38. The Engineer for Middlesex shall be the Chief Engineer of Eoads and Bridges, 25 V., c. 12, s. 36. And the Governor in Executive Committee shall appoint a place in St J ago de la Vega for the Office of the Chief Engineer and Colonial Engineer and Architect, and order it to be fitted up and prepared for the convenient discharge of the duties, 25 V., c. 12, s. 37. In case of the death, removal, or absence of any Civil Engineer, the Governor and Executive Committee may require the remaining Engineers to perform the duties, or any part of the duties of the deceased, removed, or absent Engineer, for not exceeding 6 months, and allovV remuneration out of the lapsed salary, 25 v., c. 12, s. 39. ContractB for ro* pairs Limitation of ox- ponditure Annual attvcrtlse ments for contracts To submit tenders &c.] to local commissioners for examination or adoption by tliem before being acted Quarterly inspec tions of roads and reports in detail to local boards with remarks for gui- dance of general board Monthly accounts of expenditure cer- tified by him. Employment i n other counties or Xo Civil Engineer or Local Commis- sioner to be engag. ed in contracts Chief Engineer Ills Ofiiae in St. Jago de la Vega Empployment to do duties of others on death, &c. re- munoratjon 440 MAIN ROADS AND BRIDaES. Receiver-General to fumiBh Commta- sloners with guar' torlr statements of ordinarymaln road funds received by him Allotment of funds by the OomnUssion- Revenue to be allot- ted to parish roads where there are no main roads Appropriation o£ moneys under Li cense Duties Act ;, see now 27 V., c. 38 Import Dn ties Sch. C, 28 v., c. 10 BeceiTcr-Qeneral's annual accounts to be submitted to the Assembly Milo-Marks Gnide-Fosts Ditto in w courses Duty of Engineers and ■Waywardens to place posts to mark the lines of dangerous fordings or mouths of rivers Alterations Discontinuance New Itoads ConimleBloners Directions to Er.- glneerg Notice to owners, kc. Disoos s i o n at meeting, report of reasons to the Com- missioners Certificate and plans to be deposi- ted with Clerk of the Peace, and copy oxhibitod on Court House door 31 days before Jury meet Flans to be pro- duced at meeting The Ueeeiver-General shall by the first post, after let April, July, Oc- tober and JauTiary, transmit to the Secretary of the Main Koad Commia- Bioners, a quarterly statement in detail {Foi-m Schedule) of all tlie ordinary Main Roud Revenue received by him during the previous quarter, as a §uide to the Commissioners, to be published in the " Gazette" by the ecretary within 14 days after receipt, 95 V., c. 12, s. 9. The Commissioners shall allot the Main Road Revenue towards the annual repairs ; and any extraordinary funds provided ^ the Legislature for the fonnation or further improvement of the Main Itoa4s and Bridges generally, shall be allotted by them for the formation and farther im- provement of such as in the judgment of the County Engineer and Local Board ought to be made or further improved. 'The Main Road Revenue from Road, Stock, Cai-ts and Wheels, in any parish possessing no Main Road, shall be expended on the improvement of the chief Carriage- Roads and Bridges of such parish, in such manner as the Commissioners of Highways and Bridges of such parish determine, 25 V., c. 12, s. 10. The Receiver-General shall deduct from the moneys to be payable un- der the Licenses Duties' Act, 25 V., c, 39, for Licenses on Drays, Carts, Water Carls, Wains. Wagons, Spring Carts and Hackney or other Car- riages, Horses and Asses, a sum equal to 20 per cent, upon the moneys paid over ta him, and carry the same, and also all moneys received for Land Tax or arrears thereof, to the credit of the Main Road Fund, to be applied and appropriated in aid of 21 V., c. 32, and 21 V., c. 34 (Main Roads and Main Road Funds), or any Act in aid, or amendment thereof (the remainder to the Highways, s. 33), 25 V., c. 12, 8.32. The Duties on Imports in Schedule C. (in force to 3l8t March, 1866) shall be applied to Mam Road purposes, 28 V.; c. 10, s. 17. The Receiver- General shall make up distinct statements of all moneys received under any Act for Road pui-posesto the 30th September, and forward them to the Executive Committee, to Ije laid before the Assembly on or be- fore 1st November, or at its meeting thereafter, 25 V., c. 12, s. 31. Each Engineer, with the sanction of the Commissioners, may cause mile marks of stone, wood or iron to be erected on such Roads as he thinks proper, 1 mile from each other, with such legib'einscriptions aa he judges necessary ; also guide-posts to be erected and kept up at the intersections of such Roads as he thinks proper, and guide-posts in w^ater-couraeb to show the height of water therein, and keep in repair those already or to be erected, 21 V., c. 32, B. 8. • It shall be the duty of the Countv Engineers and Way wardens of each Road, or the persons acting under their authority, to place posts to mark the line thron^hdeep or dangerous fordings, ormouthsof rivers, 25 V., c. 12,s-18. The Commissioners may direct any Engineer to alter or discontinue any Road, or lay out a new Road in lieu of, or to complete any Road in progress in the eountyj 21 V", c. 33, s. 9. On receipt of directions and before acting, the Engineer shall cause notice, in writing, to be given to the occupants and owners of lands through which the proposed alterations or new Road would pass, and of the lands through which any Road then runs, of the time and place.at which he will meet to receive objections and approvals ; the notice to be served personally, or by leaving it at the dwelling house of each owner or occupant, at least 7 days before the day appointed, 21 V. c. 32, s, 10. The Engineer shall meet at the time specified, and at such meeting or an adjonmmeut, hear reasons for and against such dnection , and transmit a re- port to the Commissioners ; and if they adhere to their directions, wholly or in part, shall make out and subscribe a certificate, to be deposited with the Clerk of the Peace, containing or accompanied by a plan ot the Road to he altered, and of the intended alterations, or of the Road to be discontinued, or of the intended new Road, and rhe clerk of the Peace shall exhibit a copy of the certificate and plan on the door of the Court-House, and keep it so exhi- bited for at least 21 days before that appointed for the meeting of the Jury to be summoned, 21 "V., c. 32, s. 11. At the Meeting above directed, the Engineer shall produce, and submit for inspection and examination, a plan or section of the Road to be altered, and the intended alterations, or to be discontinued, or of the new Road, 25 V.,c.l2,B.40. MAIN ROADS AND BUIDGES. The Engineer who signed tlie certificate, shall iesae liis warrantto the Police or Conetables to summon 5 Parochial Commiasionera of the neighbour- hood, whether of the same or of any adjoining pai'ish, having no interest in the lands through which the Road proposed to he altered or discontinued then runs, or in the land through which it is proposed the alterations shall be made, or through which any proposed new Eoad would run, to attend at a time and place to be mentioned (at least 21 days after that on which a copy of the certihcate was exhibited,) 21 V., c. 33, s. 12. If three of such Commissioners appeal', they shall be sworn by any Jus- tice present, well and truly to examine the proposed alterations or new Eoad, or Goad to be discontinued (as the case requires) according to the best of their judgment and ascertain whether such alterations or new Road are or is necessa- ry, or will be expedient and useful, or whether it will be expedient and useful to discontinue such Eoad, as the case requires ; andin tlie case of a new Road or of any proposed alterations, if it shall appear to them to be so after they shall have gone over and inspected the same, that they will, according to the best of their skill and judgment, assess the damages to be sustained by the making or alter- ation of such Eoad, and determine the several matters according to equity and good conscience, without undue bias, partiality or favor ; and their de- cision shall be received and certified by the Justice to the Engineer. If 3 Jurors do not appear, the Justice shall fine each absentee not less than 20s, nor more than 40s, unless satisfactory reasons are given for absence, to be recovered as after-mentioned, 21 V., c. 32, s. 13. In case a Jury cannot be formed from non-attendance or other cause, another warrant may 'be issued, and another day fixed, and so on, until'a Jury is formed. The Clerk of the Peace shall exhibit on the door of the Court House; at least 7 days' notice of the day appointed for the further meeting, 21 V., c. 32, s. 14. The 3 Parochial Commissioners who appear and are sworn, shall person- ally examine the route, and if satisfied, shall find that the alterations or new Eoad is, in their opinion, necessaiy and proper, or in their opinion the Eoad ought to be discontinued, and shall assess the damages to lie sustained by the making or alteration of any Eoad, and make aud subscri^je a certifi- cate to such effect, to be also subscribed by the Justice, aud delivered lo the Engineer. Fees of each Juror and Presiding Justice, 20s, to be paid by an order of the Engineer on the Receiver-General, out of any moneys appli- cable, 21 v., c. 32, s. 15. The Engineer, subject to the approval of the Commia&ioners, and the owners or occupiers, may agree upon the amount of damages, and for a release from such owners or occupiers; and thereupon the Jury shall not be sworn to assess, nor shall they assess any damages. Every agreement and release shall be filed aud recorded in the Clerk of the Peace's OlBce, and shall preclude all further claim for damages, 21 V., c. 32, s. IB. When ally person is owner of any land over which any new Eoad or alteration is made, and also of the soil of any portions of the Eoad to be al- tered or discontinued, in whole or part, the Jury shall take into consider- ation the value of the abandoned portion to the owner, and the benefit to result to him therefrom, and deduct same from the damages ; and the owner may enclose the land so abandoned, 21 V., c. 32, s. 17. When the proprietors of any lands agree among themselves to open a new Eoad through lands belonging to them and actually in their possession, they may apply to the Main Eoad Commissioners, who may issue a warrant to any Surveyor to lay out the Road at the expense of the parties applying, and on laymg it out a Diagram shall be lodged with the Clerk of the Peace, recorded in his Office, and thereafter the Eoad shall be a Public Eoad, and subject to any Laws for the maintenance and regulation of Public Koads, 21 v., c. 32, B. 18. All damages fixed by agreement or awarded, shall be paid by the Re- ceiver-General under the Governor's Warrant, out of any moneys applica- ble, 21 v., c. 32, s. 19. Every person who appeared before the Jury and opposed the applica- tion, may, within 14 days after the finding, appeal to the Circuit Judge ; but an appeal by one person, and a decision thereon, shall not affect the rights of any other appellant who has not been heard. Appeals shall be regulated by the Law m force regulating appeals from the summary juris* diction of Magistrates, 31 V., c, 32, b, SO. 441 5 Parochial Com- missioners to be sixmmoned of thati or a neighbouring parish 3 to be sworu as a jury Penalty for nou- attendance Further war-* rants to Burnmons juiies, 7 days no- tice Proceedings of Jurors, their fees and that of Jus- tice Agreement re- specting damageti See 25 V., c. 12, S.5. Deductions from damages in re- spect ot value o£ abandoned road to owner, which, he may enclose Koads at ex- pense of proprie- tors of lauds Damages paydr* ble by Eeceivei- General Appeals 449 Olerk Peace's f he Fees op Clerk of the Peace. £ s. d. Drawing out the necessary proceedings and attending the' Jury ..., 110 Each mile he is required to travel, to be reckoned from the Court-House of his parish (in the precinct of St. Cathe- rine, to be reckoned from the Court-House in St. Jago de la Vega) . . . : 10 Recording proceedings, for every 160 words 1 Making attested copy of the proceedings, if required, to be recorded in any other parish, or for any other purpose, for every 160 words 10 To be paid by the Eeceiver-General upon the order of the Engineer ; in the case of copies required by any otlier person, by the party. No other fees shall be demanded, except in case of appeal, when he shall be entitled to the like fees as in case of summary ai^udioalione, to be paid as before-mentioned, 21 V., c. 32, s. 21. 30 days' notice of Whenever the finding in favor of the alteration of an existing, or the «nSn™'^ '"'*°' '''y"'^ out of a new Road has been confirmed on appeal, or the time of work °™™™'=® appealing has expired, the Engineer shall give to the owner or occupant of any enclosed, cultivated or improved land through which the alterations or new Road will pass, 30 days' notice, in writing, of his intention to open and work the Road, so as to enable him to remove and erect new fences: Penalty, £50, to be recovered by Action of Debt by the person aggrieved ; but not to subject any Engineer to any penalty for any temporary alter- ations or deviations rendered necessary in consequence of any temporary injury or accident to any Highway, 21 V., c. 32, s. 22. Width of roads The width of all Roads already, or to be laid out, shall if practicable be 24 feet through open ground, 60 feet through standing wood, and 40 feet when the wood is only on one side ; but the metal portion of any Road shall not be more than 16 feet, nor less than 12 feet in width, 21 V., c. 32, s. 23. Kemoval of en- When any Road has been encroached upon'by fences, the Engineer, if croachments, no- in hig opinion uece^eary, shall order the fences to be removed at the cost ^*^ of the party who made them, or the person claiming under him, so that the Road may be of the breadth before enacted, provided he give notice in writing to remove such fences forthwitli, specifying the legal breadth of the Road, the extent of the encroachment, and the places where it exists, 21 v., c. 32, s. 24. Penalty If not removed within 14 days after service, the party shall forfeit 5s. for eveiy day, after the expiration of the notice, the fences continue unre- moved, or until removed by order of the Engineer, besides the expenses of removal, to be recovered as penalties, 21 V., c. 32, B. 25. ErectinB walls, ^'' P'^i'^on shall make or erect, or place any wall or building, or &c., to obstmct fencing or harrier across, upon, or near to any Road, so as to obstruct, highway interfere with, or prevent passage ihereon, or to reduce or limit the breadth, under a penalty of not exceeding £60, nor less than £20 ; and the Engineer or Local Main Road Board, may remove or cause, &c., such wall, &c., forthwith, 21 V., S. 1, c. 36, s. 7. If any tree fall upon any Road, so as to cause obstruction thereon, in consequence of any default of the owner or occupier, or a servant acting by his direction, it shall be removed by the owner or occupier within ^ hours after notice to remove, from the Engineer or a Justice ; and if he neglect, the Engineer, or iu his absence a Justice, shall cause it to be removed at his expense, and he shall be liable to a penalty of 5s. for every day afterthe expiration of the notice during which it remains unre- Wilfully placing "'oveJ ; such penalty and expenses to be recovered as other penalties, obstructions Wilfully placing any tree or other obstruction on any Highway : penalty rot exceeding £5, Si V., c. 32, s. 26. railing trees with- Any person cutting doAvn any tree on land not occupied by him, so out consent of as to fall into any Main Road, river or stream, unless by. order or consent o>vner, &o gf j]jg owner or occupant, shall be liable to a penalty not exceeding £5, nor less than £1, 21 V., c. 32, s. 27. Bemoval of fajlen trees MAIN ROADS AND BRIDGES. 443 Cutting or causing, &c. any tree, so as to fall into any river, stream Cutting down or water-course within 100 yards of any fording, and obstruct any Eoad or ^es into a riveiv fording, or divert the river coiirse, so as to encroach npon or ifijnre any y^[^™™oraing such Road, or endanger any Bridge over the River, &c., and not removing &,.., and not re- it within 24 honre after notice : penalty not exceeding £,5, 21 V., c. 32, s. 28. moving after no- No swinging or other gates shall be allowed on any (Maia) Eoad, ex- 'swinging Gates cept by permission of the Commissioners, and on condition that a watch- man is constantly kept to open them when required, 21 V., o. 32, s. 29. But not to aifect any existing rights, except on fiiilure to keep a watch- Existing rights man, 25 V., c. 12, s. 41. Whoever wantonly injures any Bridge shall forfeit not exceeding £60, injuring bridges nor less than £20, or be eubiect to "imprisonment, not excediiig 90 days nor less than 30 days, 21 V., c. 32, s. 30. The Engineer employed in conducting and superintending the repairs Engineer's sowers of any Main Road or Bridge, may cut and cover, if necessary,' Drains on to St drains, dig lauds adjoining, tocai'ry oifthe water collected on the Ruad, and dig and and taie materi- cany away any gravel, stone, sand, or other materials, out of any savannah, »1? '" waste lands uninolosed or open land, river or gully, being waste laud in or near such RoaJ wituout paying or Bridge, proper for draining, repairing or amending the same, without pay- ing for the same ; such Engineer levelling, or causing, &c., all holes and Prom other pits. Where there are not sufficient materials to be bo conveniently ob- grounds joompen- tained, the Engineer may cut drains, and digaudcari-y away any gravel, &o., sation out of the grounds or inclosures of any person, (not being the ground where- on any house stands, garden or yard, planted walk or avenue to any house, or any parcel of provision ground) wherein a Drain may be ne- cessary, or materials are found, and to carry so much as the Engineer judges requisite for draining or keeping in repair, or amending such Road, ■ or Bridge, or Drain, paying such rates for materials, and damage to the grounds where and whence dug, or over which carried, as the Engineer judges Obstructing reasonable. Persons molesting, hindering or obstructing nim, or the persons under his command, in cutting or covering any drains, or in dig- ging and carrying away any gravel, &c., shall forfeit not exceeding £10, 21 v., c. 32, s. 31. Taking away, without the Engineer's consent, any materials purchased Taking away or gathered for the repair or nso of any Road, Bridge or Drain, or out of materials for re- any quarry or pit, made, dug or opened to get materials for any Road Pa.ii's Bridge or Dr?m: penalty not exceeding £10. Not to prevent the person in possession of the land from digging and removing materials lor his own use, 21 V., c. 32, s. 32. If any Coporation, Society or Company for supplying water, digs, or Water Compa' causes, &c., in any Eoad, any trenches, or holes for laying down or repair- nies keeping open ing any water-pipe or plug, or other thing connected therewith, and keeps '''™™'°i ^° or causes &c., open for a longer period than is reasonably requsite, or covers over, or iilla up or causes, &c., in an imperfect manner, or occasions or suffers, or permits to be occasioned any damage or injury to any Road, by reason of the imperfect state or want of repair of any such pipe, &o., or fails while it is undergoing repairs to. keep a light thereat after dark, and take all other reasonable precautions to prevent accidents, they shall forfeit not more than £20, nor less than £5, over and above the ex- pense of repairs incurred, 21 V., c. 32, s. 33. Any Engineer when necessary to keep any Road or Bridge in good Engineer may order, may lop or cut down the branches of any tree overhanging it, 21 lop trees v., c. 32, s. 34. The Owner or Occupier, or his Agent, Attorney or Overseer of the Owners, Sec., to land adjoining any Road or Bridge, shall cut, prune, or lop the fences and cut fences, trees, branches of trees, bushes or shrubs growing m or near such fences (not mii^m^brlds^ being in any garden, or orchard, walk or avenue to any house, nor an ^fter notice ; pen- ornament or shelter to a house, unless it hang over the Road or Bridge, eo alty as to impede or annoy any carriage or person travelling) , so that the Road or Bridge is not prejudiced by the shade, nor the sun and wind excluded to their damage. On failure whereof, within 14 days after notice in writ- ing by any Local Commissioner in respect of Main Eoads, or by the Commissioners of Highways and Bridges, or the Waywardens or persons appointed for the purpose in respect to Parochial Eoads, they may cause to oe cut,-pruned or lopped, and such owner, &c., shall be charged with and pay the charges and expenses of doing so, or in default, they may here covered with costs, if any, as a penalty, 25 V., c. 12, b. 23. 444 MAIN ROADS AND BEIDOES. Powerarf entry And the respective CommisBionera, Way warden b, Engineers, or other pycommiasionera persons employed, may, in case of default of the owner, &c., enter on any land for the purpose, 27 V., S. 1, c. 3fi, s. 8. Penalties not exceeding, £10 for the following offences :'— Mile-marks Eemoving, destroying, injuring or defacing any mile-mark, on any Main Boad. GuidepoBts Injuring or defacing any description affixed to any guide-post on any such Eoad, or destroying or injuring such guide.post, or any guide post on any water-coui'se. comsw'^'to^^ I°j™°g ?°y such Eoad, hy obstnicting, or diverting any creek, water- logs, &c., on roada oonrse or sinice, or by drawing logs, stones, or other things of weight on the surface of any such Eoad or Bndge, otlierwise than upon wheefid car- riages, or rollers. road^or"w a t" r Obstructing any such Eoad, or filling up or placing any obstructions in courses *'^y water-conrse or ditch constructed for passing water across or under, or for draining tlie water from any such Eoad. Riding, &c., on Biding, driving, leading or drawing any auimal or vehicle upon any foot paUis or in- foot path, or cause-way made for the use or accommodation of foot pas- ]unng them sengers, or wilfully doing, or causing injury to be done to the same. Improper use of Using any drag, joggle or other instrument, for retarding the descent drags, sc of any -wheel carriage down any hill, so as unnecessarily and wilfully to destroy or injure the surface of any such Eoad. Killing. &C., Killing, slaughtering, burning, dressing or cutting up, upon any snclr beasts on roads Eoad or Bridge, or the side, any beast, swine, calf, lamb or other cattle, except horned stock injured in the carriage of produce or otherwise, which in such case may be slaughtered and removed. Carcases, rub- Depositing any dead carcase, or any rubbish on any such Eoad, or place bish-seeWV., S. adjacent thereto, to the annoyance of persons using such road. leaving wag- Leaving any wagon, or other wheel carriage upon or on the side of any ens, &c., imat- Eoad without any proper person in the custody or • cave longer than neces- tended longer sary to load or unload, except in cases of accident (or in case of accident mit'on^on^Se of ^*"' ^ '""S^r time thau is necessary to remove it) , or not placing such wagon' the road <"^ other wheeled carriage with or without beasts of draught, harnessed or yoked thereto, during the time of loading or unloading the same, as near to one side of the Eoad as possible. Owner's name Using 'any carriage of burthen without the owner's name and place of and abode on car- abode painted in one or more straight lines, upon some conspicuous part of riages of burden tjje rfght or off side, in large legible lettera, not less than I inch in length. Penoes reducing Making any hedge or other fence at the side of any such Eoad, so as to breadth of road reduce or limit the breadth below that prescribed. Depositing loose Depositing any loose earth, sand, brick, or rubbish, against any wall, eartfiT^ &c. nui- or excavation for a foundation wail, or fence or Bridge in any such Eoad, or Ban ces and neglect creating or causing any nuisance, on any such Eoad, and refusing or ne- to remove same giectinK to remove the same after being required by the Engineer oi a afternotioe Justice of any district. Firestick torches Usiug or carrying any fire-stick or torch on or about any such Road 21 v., c. 32, s. 35. Fui-ther penalties not exceeding £10. Deposiiing rub- Depositing any rubbish, filth, offal or night-soil, on any Eoad thorough- bish, &C., on roads fare, or place adjacent thereto, to the annoyance of persons using the same, or neighbourhood „,. ;q ,jjg neighbourhood. Depositing night- Depositing any night-soil or dead carcase or offal, in any place ap- soil, &C,, without pointed by the Commissioners, or other competent authority, without, burying or bum- having it buried, and effectually covered with earth, or burnt, 27 V., S. 1, "» c. 36, s. 9. Leavius things Leaving any thing on any Eoad of a natuie likely to frighten animals, on roiSukely to and thereby cause injury to passengers or property : fine not exceeding 20s. frighten horses or imprisonment, in default of payment, for 20 days, 25 V., c. 12, s. 13. Penalties Penalties recoverable summarily before 2 Justices, not exceeding 408., and in default of payment, commitment to the Common Gaol or House of Correction, with or without hard labor, not exceeding'oO days, unless sooner paid. MAIN EOADS AND BRIDGES. 445 Any driver of any wagcn, cart or other can'iage, who rides thereon, or „ J''''^J"J V« ' "o? on any horse drawing it, not haying some other person on foot or on "loraes"' "of 'driven horseDaok to guide same (such as are driven with reins, and conducted by witii loins a person holding the reins of all the horses drawingthe same, excepted.) Any driver of any wagon, wain, cart, dray, or other carriage, who &5!'?,Shou"iioS rides on the shafts or any other part without having and holding reins at- veins, leivin^ car- tached to each side of the bridle of each beast drawing it, or who leaves J'°,|° J''"'""' ■"""° the same standing, or travelling on any Boad without some person to hold or guide the beasts drawing the same. Any driver of any carriage whatsoever on any part of any Road, who b/'neBngen'oe"!? by negUgence or wilful misbehaviour, causes any liurt or damage to any misboiioTiov person, horse, cattle or goods conveyed in any carriage on the Eoafl, or who qnits the same and goes on the other side of the hedge or fence enclosing the same, or negligently or wilfully is at such distance from the carriage, or in such a situation, whilst it is passin" on the Eoad, that he cannot have the direction and government of the liorsea or cattle drawing the same. Leaving any cart or cai'riage on such Eoad so as to obstruct the passage, on roaa'^ "" "' Driving or acting as the driver of any wagon, cart or other such car- wfthouf^owno?'! riage not having the owner's name, as by law required, painted and re- name, una refusing mainiug legible thereon, and refusing to tell or discover the true names of <8 '"" '»"" the owners or principal owners. Any driver of any wagon, cart, or other carriage, or of any horses, mules "ot keeping left or other beasts of draught or burthen meetiiij, ;i.ny other wagon, &c., or p'j,5,i",°g'' °"'° °" horses, &c., who shall not keep his wagon, &e., on the left or near side of the Road. Wilfully preventing any other person from passing him, or any wag- Preventing free on, &.C., or horses, &c., under his caie upon such Eoad or by negligence or iinssuge misbehaviour preventing, hindering or interrupting the free passage of any person, wagon &c., or horses, &c., on any Eoad, or not keepingTiis wag- on, &c., or horses, &c., on the left or near side of the Road to allow sadi passage. Riding on any horse or beast, or driving any carriage furiously so as to Furious riding or endanger thelife orlijibs of any passengei'. driving to^anngcr Every driver oifending as aforesaid may, with or without warrant, be Apprehen s i o n' apprehended by any person who sees the offence committed, and conveyed be- -without war rant fore a Justice to be dealt with, and if he refuse to discover his name, the Jus- "„^™' '° ^^""""' tice before whom he is taken or complaint is made may commit him lo hard la- bor not exceeding 30 days, or proceed against him for the penalty, by a description of his person and the offence only, without adding any name or designation, but expressing in the proceediuga that he refused to discover his name, 25 V., c. 12, s. 14. Any diiver of any wagon, wain, cart, dray, or other carriage, who in.iuvies to walls, wilfully or wantonly, or through culpable negligence, suifers it to strike triages, banks, io. against any retaining wall, parapet wall or Bridge, or to pass over or against the banks appertaining to any Road or Bridge, or by negligence or wilful misbehaviour causes any hiu't or damage to any snch Eoad or Bridge shall forfeit notexceeding 40s., with costs, to any person vrho complains; and in default of payment, shall be committed to the nearest Prison, not ex- ceeding 30 days, with or without hard labor, 26 V., c. 12, s. 15. Riding, or leading or driving any horse, ass, mule, cattje, swine or car- maing or arivfng riage, or any single wheel of any wagon, wain, cart, diray or carrriage along aitoh, &o. along any diteh, drain, or water-table, except in case of necessity, alongside toSglsTfosta^Aiii of any Road, or wilfully obstructing or doing, or causing any injury or or fences; running damage thereto, or to any Bridges, posts, rajle or fences thereof, or in |i° pfa'i^ig" ''°°'' ploughing, or in the cultivation of any uninclosed lands adjacent to any suffering flith,- *;c. Road, turning any horse, cattle or other animal upon the game, or by the '" "jn from naja- side, or suffering any water, filth, dirt or other offensive matter to run or °™h """removing flow into or npon such Eoad fi'om any house, building, erection, lands or blocks or stops of premises adjacent, or after having blocked or stopped, any cart, wagon °°"'' *° or other carriage in going up a Kill or rising ground, causing or snffenng it to be or remain on the Eoad the stone or other thing with which it was blocked or stopped: Penalty not exceeding 50s., ovfir and above the damages occasioned, or in default of payment, imprisonmnent for 30 days, 35 v., c. 12, s, 16. ' r 446 MAIN ROADS AND BRIDGES. Saizmo nna for- Any County Engineer, Local Main Eoad or otlier Commissioner, stcmM &' •ioft''ou °'' Waywarden of any Highway, or any person authorized b^ either of rnifioaa opbriago them, may seize and carry oif any timber, stone, dung, rubbish or otlier uiuoss rcdoomcd matter, or thing laid or left upon any Boad or Bridge, or side drain, or ditch thereof, so as to be a nuisance, and sell or dispose thereof as a forfeiture, as the County Enginee)', Local Main Goad or other Commissioner or Waywarden shall direct, unless the owners redeem same, by payment to the County Engineer, in respect of any Main Eoad, or tg the Clerk of the Commissioners of Highways iStc, in respect of other Roads, of not ex- Appiicabio ceediug £5 by way of penalty, such payment to be made to the Receiver- General, or otherwise applied with the sanction of the Main Road Com- Materiais for re- missiouers, Or Commissioners of Highways, &c., as the case requires, to pain, &C. ofhouus the account of the Koad. The proprietor or occupier of any land or house " '"'"' may lay down any materials for repainng or re-building any house.or wall Immediately adjoining any Road or Bridge, the, materials occupying one fourth of the breadth of the Road only, and the proprietor or occupier giving 3 days previous notice, in writing, to the Coniiiy Engineer, or Lo- cal Commissioner or Way wai'den, or erecting such fence round them, and fixing arid lighting lamps thereon, as the County Engineer, &c., requires. — Soil, i'c. insuffl- If any soil, ashes or rubbish, laid on any Road is insufficient to defray the Bensos'ofromoTaf^ expense of removal, the person who laid or deposited the same, shall repay ** "^ to the County Engineer, &c., the money necessarily expended for tlie re- moval, to be levied, if not forthwith re-paid, as penalties, 25 V., c. 12, s. 17> Contractors for Every Contractor for the repairs of any Bridge or section of any Eoad, repidrsto^fencoana .^j,;jg jj,g gj^^ie are dangerous to travellers by night, shall fence them, and places cause a light during each night to be conspicuously placed at or near such Bridge or section of Road, to warn them of such danger : Penalty, £5,25 v., c. 12, 6. 19. Wagons, &o. to No person in charge of any wagon, cart or dray, shall travel in the bo lighteii at night dark, unless he have a light placed in some conspicuous part, under penalty not exceeding 20s, and in default of payment, imprisonment with or with- out hard labor not exceeding 15 days, 2b V , c. 12, s. 20. Pits, &c. adjoin- If any proprietor or occupier, or engineer, or contractor, dig any pit, ijer '»"''' " '" or make any out at the side of any Road" dangerous to travellers nvid their ftnoedin animals, and shall not fence them when required by any local or other Commissioner or Waywarden, or other person acting under their, or either of their authority, he shall forfeit not exceeding SOs, for every day it conti- nues unfenoed beyond 3 days after he has been required, and after such requisition, the Waywarden or Commissioner may cause it to be fenced at his expense, %vhich, if not paid on demand, shall be recovered as a penalty, 25 V., c. 12, s. 21. noad througii ad- Any County Engineer or Waywarden may make a Road through the Joining land during g^ouucig (not being the site of a House, nor a Garden, Yard, Court, Planta- "''°"'' tion, Provision Ground or avenue, to any House or Ground set apart for Building Ground) adjoinuig to any iniinous or nariw part of r4ny Eoad to be made use of as a public Eoad, whilst the old Road is repairing or Compensation -widening, making recompense to the proprietor or occupier for damages ; and in case the County Engineer or Waywarden and proprietor or occupier differ, the Commissioners of Main Roads, in board assembled, shall hear and determine all questions as to the amount of damages and expense, 25 V., c. 12, s. 22. Contractors, &o., If any Contractor or person intrusted with the superintedence of any Rfi?™rl°^„Affi repairs or alterations to, or the construction of any Mam Eoad, who is Koaar chai-gedwith or undertakes the payment of money to any work-people or other persons, for work performed on the Main Eoads, tails or neglects to make such payment without a sufficient reason, to the pereon entitled, he shall, on conviction before 2 Justices, be adjudged to pay to the party com- plaining, such sums as appear to be due, and shall also forfeit not exceedmg £10 ; and if the sum and penalty, with costs, if ordered, are not paid imine- diately or vrithin snch penod as the Justices appoint, they may commit Mm to be imprisoned, with or without hard labor for not exceeding 3 calen- dar months, unless sooner paid, 27 v., S. 1, c. 36, B. 10. Tram ways on On the advice of the Chief Engineer, that the laying down and mainte- Main Boada nance of a Ti'amv\'ay in any locality where the making and repairing of the ordinary Main Road is unusually difficult -would De advantageous, the Main Eoad Commissioners may cause any such Tramway to be laid down accordingly, the expense per mile not to 'exceed £1000, 25 V.. o. 12, s. 30, UAIV liOADS ANP BBIB08S, 44^ The Main Road Commissioners, on such conditions and seciu'lty as to PiWaio tram tliem shall seem reasonable, may permit the promoters of any private Tillm. ''°^' way to lay down the same along the side of, or over, under or acroBS any Mam Koad ; but not so as to interfere with the general traffic or conve- nience of papsengers, 25 V., c. 12, s. 43. No deed, contract or agi-eement, or proceeding under this Act, shall be E^uixpUon £rom subject to any Stamp E iily, 21 V.. c. 32, s. 59. ^^""" All penalties shall be recovered before 2 Justices, and paid to the Ee- itoooyery andap. oeiver-General in aid of the Main Eoad Fund. The Justices may mitigate Jjef "'" "' ""'""' penalties, and adjudge not exceeding one moiety to any persons who have Mitigation contributed to the conviction of any offender, in such proportions as they think fit, 21 V.,c. 32, s. 60. Any Commissioner, Engineer, Constable, Policeman or Peace Officer, Appvehou s i o n and aU persons they call to their assistance, may take into custody without without warrant warrant, any person who, within view of any such Commissioner, fcc, commits any offence in this Act, 21 V., c, 32, 8. 61. The prosecution of offences punishable summarily shall be commenced Commence m en t within 3 calendar months, 21 V., o, 32, s. 62. °f proseoution. Tlie Main Eoad Act, 1857 ; in force until Slst December, 1872, il V , short Title-Du- C. 32, S. 63. ™«on, 31 v., 0. 31 The Main Eoad Commissioners or Commissioners of any Eoad, at a indiotments, pro- public meeting, may direct piosecutions by indictment or otherwise, for any secutionby nuisance done or continued on any Road under their care, or to recover any penalty oi forfeiture under any Act to be in force, at the expense of the Road Revenues, to be allowed at a subsequent meeting, 25 V., c. 12, s. 26. In case any person resist, or make forcible opposition against any per- rorcibio resist son employed in the execution of this or any future Act for making, amend- anco, assaults, rea- ing or repairing any road, or assaults any County Engineer, Local or o"o of distress other Commissioner, Waywarden, or Surveyor, iii the execution of his office, or hinders, or makes any rescue of cattle or goods distrained, the of- fender shall forfeit not exceeding j£iO, 2.3 V., c. 12, s, 27. Any Local or other Commissioner, Secretaiy, Clerk, CoUectors, Sur- Appvohension of veyors or other Officers, and eiich persons as they call to their assistance, unknown persona may, without warrant, seize ami detain any unknown person who commits without warrant any offence, and take him b'-l'ore any Justice for the parish near where the oflenc -l! committed, or the oil'ender is apprehended ; and the Justice shall act wiih respect to him according to this or any other Act for making or repaii-ing Roads, 25 V., c. 12, s. 28. Every penalty imposed by this Act shall be recovered as under 21 V., Penalties c. 32, s. 60, 25 v., c. 12, s. 46. Unless there is something in the subieot or context, repugnant thereto, interpretation— '■ Horse'' shall mean, HoiBe, Mare, Gelding, Mule or Ass ; " Beast," Horse, Beast, cat- " Cattle," any Homed Stock, Sheep Goat or Swine; "Carriage." any Mi&'"^S,la^^t', Wagon, Wain, Cart, Dray orother Carriage, or Vehicle whatsoever of any Act description, and whethe; 'with or without springs ; "Eoad" or " Roads," any Main Road, or any Highway or Road whatever ; " Main Road Act," as well " the Main Eoad /.ct, 1857," as any other Act now or to be in force, relating to Main Roads ; " Act," any Act now or to be in force, relat- ing to Main Roads or any other Highway or Road whatsoever, 25 V., c. 12, s. 47. ; The Mam Road Act Amendment, and General Eoad Act, 1861, 21 V., Short Title, 21 v., c. 12,8.49. «•'' In all actions against any person employed on Main Roads for acts Protection from doneinrelation to Main Eoads, they may plead the general issue, and give "otions the special matter in evidence, 25 v., c. 12, s. 50. This Act may beread as incorporated with, and part of 21 V., c. 32, and Ineorporation of 25 v., c. 12, 27 v., S. 1, c. 36, s. 13. "V., s, 1, e. as Tolls abolished, and the Toll Houses and Land to be sold, 26 V., S. 2, Tolls abolition C.8. 448 MAIN ROADS AND BRIDGES. CO Q -■■§ 11 PS 1^ o Ci CO III o - t-^ III « 3 a ^1° lO §1 CD CS MS 1" CO If repairable un- der contract or not. ■* Expenditure in excess of esti- mates. lO « ^5 'S' £13 a >^ r-C -9 ri No of miles same consists of, and the rate of ac- clivities and declivities. =i New roads and bridges con- straoted. s-i 1 . o.o, O 1-1 .g II (Q a iH li OS is E P MAIN BOADS AND BKIDGES. 449 5 2^ e s* £° _ g o *= 3 s " -o ca PnSO . 9 < ^ o o d o o So ^ « ■» rf 6- rt a.'S bo -9 *^ rt o -I- a a I a 5 Is I 3 I 450 MALICIOUS INJURIES, &C. 12. SCHEDULE.— 25 V., Quarterly Main Road Fund Account from thfs 18 to the ■ day of St. Catherine St. John St. Dorothy St. Thomas in fh' St. Mary Clarendon Vere St. Ann Kingston St. Andrew Port Royal. St. David .St. Thomas/^nthe East Portland -St.^6aorg( Metcalfe St. Elizabeth WefitmoJ-eland Hano\'e^- ...*.. St. Jaiyiee Tiela\y'ney day of Kevenue to be ca{i rlod to fund charges thereon j _, Recapitulation. Receijved for ai'i ears of Land Tax . 'y Land Tax . . '. Dediflotions nfider License Duties Act « . . , Vojt Import Duties, 08 V., c. 10. Sch. (J. Ej^iiciiiliture, Corn wall ." ■ / " Middlesex ;..-... " Surry .- : . Salaries Main Road Fnnd. y^ All revenue to arise by virtne of 8 V^^ c. 16, frtin^ redemption under this Act (see Land Tax, &c.,) to Buperiuiendauce of llic Jhiin Koiid Commissioneir other money grants to be made for the inainten the Main Koads and Bridges, shall he i"~ improvement thereof, and as a Fund tt borrowed for that purpose, and the inti All moneys to be received under I General, and carried to a general sep3 Road Fund ; and all moneys to he rais^ other Actielating to MaiuRoads, to he tfi . Main Road Commissioners; and the interest on all .. , ^ ^ be a charge upon the moneys carried to the credit of such Fund, and if it prove insufficient, the credit of the Island shall stand pledged for 'any de- ficiency, 21 v., c. 34, B. 2. ■ ;, All fees received by the Receiver-General under this Act, so long M his services are paid by a ^alai-y, and the contingencies of hie office de-- frayed at the Island expense, shafl be carried to the credit of the Main Road Fund Account, 21 V., c. 34, s. 36. " The Main Road Fund Act, 1857," 21 V., c. 34, s 40. Malicioiks Injuries to Property, *'"?-" ^?..,'.° Unlawfully and maliciously setting Are to any church, chap4* inghonse or other place of Divine Worship : Felony, penal ,"8|rf __, Tax or its isferrei to" the anniial' and ^^nt 9f maintenance axid t ofauy moneys to be reon,21V.,c:34,B.l. *,id to the Receiver- '\e called the Maia . ^*inder this or any e management of 'eys so raised, shall plSce's "of DivlM w.ltrBhip t , for life, 01' notlesfe than 3 years, or imprisonment not exceeding^- . • 7 With or wit hoht hard Ittbbt, and with or without solitary cotimi r Wf Vi, S> i) oi 84, »r h '■ W, MALICIOUS INJURIES, &C. ^^4 Unlavrfally and maliciously setting- five to any Dwelling-liouse, any .5,™""*?,-™°;;"' person being therein : Felony, punishment as above, 37 V., S. 1, c. 34, s. 2. t&lawfully and malicioualy setting fire to any house, stable, coach- Otiiorhousoi, So, house, out-housfe, -warehouse, office, shop, mill, store-house, granary, pi""'"*'™'' ""' ' hovel, slied or fold, or to any plantation, pen or settlement, or to any sugar -works, or works on any coifee plantation, or to any building, or to any trash-house on any sugar _eBtate, or to any erection used foi' the purpose of manufacturing or preparing, or for preset ving when raanufac- tnred and prepared, any of the products of such plantation, pen, settle- ment or sugar estate, or in carrying on any trade or manufacture, or any branch thereof, whether in the possession of the offender or of any other person, with intent to injure' or defiaudany person: Felony, punishment asabove, 27 V., S. 1, c. 34, s. 3. Unlawfully and maliciously setting fire to any station, engine-house. Buildings, &c., warehouse, or other building, or to any bridge belonging or appertaining ''"'''"'''r'h,,',',""" to any Railway, Tramway, port or liarbour : Felony, penal servitudefor life, ''""'"•'" or not less than 3 years, or imprisonment with or without hard labor, 27 v., S. 1, c. 34, B. 4. ; Unlawfully and maliciously setting fire to any building other than pubiio Buiuungi before mentioned, belonging to the Queen, or to any County, City, Parish or place, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution: Felony, punishment as lastabove, 27 V., S. 1, c. 34, s. 5. Unlawfully and maliciously setting fire to any matter or .thing being Thines in agninit in, against or under any building, under such circnmatSnces that if the or unaer buiiaingj •building were thereby set fire to, the Offence would amAuut to Felony: Felony, penal servitude not exceeding 14 years, nor less than 3, or im- prisonment not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 34, B. 6. Unlawfully and maliciously setting fire to any building other than in othar buiidingi this Act mentioned : Felony, punishment as last above, 27 V., S. 1, o. 34. s. 7. Unlawfully and maliciously, by any overt act, attempting to set fire Attempting to «ot to any building, or any matter or thing in the last preceding section men- *J.'°^J, "''' ''"'"''"' tioned, under such circumstances that if the same were set fire to, the of- fender would be guilty of Felony, (omitted Felony) and being convicted thereof, punishment as last above, 27 V., c. 34, s. 8. Unlawfully and maliciously, by the explosfon 'of gunpowder or Eipiosivo ■ ub- other explosive substance, destroying, throwing down or damaging the Jweiun'g bou'f o? whole or any part of any dwelling-house, any pei-son being therein, or of bundings endanger- any,bnildiug whereby the life of any person is endangered: Felony, penal ■■"Biif" servitude for life, or not less than 3 years, or imprisonment not exceeding "2 years, with or without hard labor, and with, or -without solitary confine- ment, 27 v., S. 1, c'. 34, s. 9. Unlawfully and maliciously, placing or throwing in, into, upon, under, Piocing eiplosivi against or near aUy building, any Gunpowder or other explosive substance, n"„- any 'bunding! with intent to destroy or damage any building, or any engine, machinery, &c. with intent to ■working tools, fixtures, goods or chattels, whether or not any explo- 'lon«'Be sion take place, or any damage be caused : Felony, ipeiial servitude not exceeding 14 years, nor less than 3, or imprisonment not exceeding 2 years, wither -without hard labor, and with or without solitarv oormnemeLt, 27 v., S. 1, c. 34, s. 10. Kany persons riotously and tamultuously assembled together to the „tt?m"t"'n g.* &°' • disturbance of the public peace, unlawfully and with force demolish or pull buiidinga by rioten down or destroy, or begin to demolish, pull down or destroy any church, chapel, meeting-house, or other place of Divine Worship, or any house, .- ! stable, co^h-house, out-house, -warehouse, office, shop, mill, barn, granary, shed, hovel or fold, or any building or erection used in farm- 5ig land, or in carrying on any trade or manufacture, or any branch thereof, or any building other than in this section before mentioned, be- longing *d the Queen, or to any county, city, parish or place, or devoted or demcBted to any public use or ornament, or erected or maintained by public subscription or contribution, or any machinery vyhether fixed or • moveable, prepared for or employed in any manufacture, or in any branch thereof, or any steam engine or cattle mill, water mill or other engine, or mill for the purpose of manufacture, or for making sugar, or for prepar- 45S ' MALICIOUS INJURIES, &0. iug cofTee or other produce, building or erection used in conducting the businees of such manntaclure, or preparing such produce, or any bridge, wagon, wain, truclt for conveying any manufacture whatever from tlie place where it was prepared : Felony, penal servitude for life, or not less than 3 years, or imprispnment not exceeding 2 years, with or without hard labour, and with or without solitary confinement, 27 V., S. 1 , c. 34, s- 11. " • , ing"''by'?iotera"''"' ^^ ^"^ pcrsous rfotously and tumnltuously assembled together -to the • disturbance of the public peace, unlawfully and with force, injure- or da- mage any such church or chapel, meeting-house, place of Divine Worship, house, stable, coach-house, out-house, warehouse, 'office, shop, mill, building, erection, machinery, engine, bridge, wagon, wain or track as ins. ll mentioned: Misdemeanor, penal servitude not exceeding 7 rorsons indicted years, nor less than 3, or irapriBonmeifll not exceeding 2 years, with or under previous Hoc- without hard labor. It upon the trial of any- person for any Felony in the guiitv rader tliS '*8t preceding section mentioned, the Jury are not satisfied: thafthe person is guilty thereof, but are satisfied that he is guilty of any offence m this section, they may find him guilty thereof, and he may be punished ac- cordingly, 27 v., S. 1 , c. 34, s. 12. " . .^ tJ'ySdin'S'S'fll- Whosoever being possessed of any dwelling-house, or other building or tures part of any dwelling-house or other building held for any term of years, or' other less term, or at will, or held overor after the termination of any tenan- try, unlawfuUjr and maliciously pulls down or demolishes, or begins to pull down or demolish the same or any part, or unlawfully and iualieiously pulls down or severs from the freehold, any fixture being fixed in or to such dwelling-house or part thereof : Misdemeanor ; for punishment fsee s. 42.) 97V.,S. l,c. 34,s. 13. . . ' facturc'*"" ""'"'' Unlawfully and maliciously cutting, breaking or destroying, or damag- °° "' ' ing with intent to destroy, or to render useless any goods or articles of man- ufacture whilst in any slsige, process or progress of manufact ire, or by fqrce entering into any house, shop, store, building or place,- with intent to com- mit any of the offences in this section : Felony, penal servitude, lor life, or not less than 3 years, or imprisonment not exceeding 2 years with or with- out hard labor, and with or without solit-arv confinement, 27 V., S. 1, c. 34, s. 14. ■ , Injuries to machi- Unlawfally and maliciously cutting, breaking or destroying, or dam- nery, ic aging with intent to destroy or to render useless, any jaadliiue or engine . wheuier fixed or moveable, used or intended to housed for mowing, plough- ing or draining, or for perform.iug any other agricultnral operation. Or any machine or engine, or any tool or implement, whether fixed or moveable, prepared for, or employed in any manufacture whatsoever : Felony, penal servitude, not exceeding. 7 years, nor less than 3, oi- imprisonment not ex- ceeding 2 years, with or without hard labor, and with or without solitary confinement, i7 V., S.'l. c. 31, s. 15. EetaMe°Dro4not°o°s Unlawfully aud maliciously setting fire to anj corn-piece, grass-piece- ° "' pimento walk, coffee-piece or pasture, or plantation, or of anj- cultivated vegetable produce whether standing or cm down, or to any part of any wood, cotfee or plantatiofi of trees, wheresoever growing : Kelony,penal«er- vitude not exceeding 14 years, nor less than 3 years, or imprisonment, not exceeding 2 years with or without hard labor, and with or without solitary coufinenieut,"27 V., S. 1, c. 34, s. 16. ' 8t«ok8"of "'^i'" Unlawfully and maliciously setting fire to any stack of grain, straw, or str.°\r, Tegotnb i°o °^ ^"7 Cultivated vegetable produce, or of coals.charooal, wood, or bark ; produce, o o n I », Felony, peual Servitude for life, or not less than three years, or imprison. otarooai, -wood, or ^g,^,^ jjgj. exceeding 2 years, with or without hard labor, and with or with- * out eolitiry confinement, 27 V., S. 1, c. 34, s. 17. Unlawfully and maliciously, by any overt act, attempting to set fire to' any such matter or thing as in s. 16 & 17, mentioned, under suM.circumstaiv ces that if the same were thereby set fire to the offender woujd'be guilty'' of Felony : Felony ; penal servitude, not exceeding 7 years nor less than 3,, or imprisonment, not exceeding 2 yeai-s, with or without hard labor, aiir with or without solitary confinement, 27 'V., S. 1, o. 34, s. 18. Diimnging tr^s, Unlawfully and maliciously cutting, breaking, barking, rooting up or injur "eMood°n'eJE°i Otherwise destroying or damaging the whole or any part of any tree, sap. pling or shrub, or any underwood, growing in any pleasure-ground, garden or orchard," or avenue, or in any ground adjoining or belonging to any ^we}- • MALICIOUS IK.TURIBS, &c. 4.53 ling house (in case the amouBt.of injury done exceeds £1) : Felony, penal servitude for 3 years, or imprisonment notexceeding 2 years, \s'ith or with, out hard labor, and with or without solitary confinement, 27 V,, S. 1 c. 34, s. 19. ' When growing elsewhere than in any pleaeure-groimd, &c., (incase Crowing else the amount of injury done exceed £5) : Felony, penal servitude for 3 years, Saing Jes "'' or imprisoritnent not exceeding 2 years, with or without hard labor and ■ with ofr without solitary confinement, 27 V., S. I, o. 34, s. 20. Wheresoever growing (the injury dtme being to the amount of Is at wiiorosoever least) on oonvictiou before a Justice, the offeudei sliall be committed to the growing ; injury i«, CommonGaolor District Prison, to be imprisoned only, or to be kept to hard ^'"' labor not exceeding one month, or else forfeit and pay over and above the amount of the injury done, not exceeding £3. If after conviction of any 2i oirunoe such oifenee agaiusi this or any former act, for the second ■offence, he shall be committed to the Common Gaol or District Prison to be Icept to hard labor not exceeding 12 months. -After having been twice convicted (whether After i Mnvk- both or eitlier of such convictions took place beforo or after this Act), any tabseqnent.offence shall be a Misdemeanor : Imprisonment not exceeding 2 yeai-s, wfth or without hard labox" and with or without solitary confine- ment, 27 V., S. 1, c. 34, s. 'Jl. Unlawfully and maliciously destroying or damaging, with intent to Plants, roots destroy any plant, root, fruit or vegetable production gi-owing in any gar- Jttbie°'^p?odui;o"*n den, orchard or nursery gronndj on conviction before a. Justice, the offender garden, see. -, ml shall be committed to the Common Gaol or Pistrict Prison , or General ■■ ^~** Penitentiary; to be imprisoned only, or icept to I. -(1 labor not exceeding one month, or forfeit lind pay over aiid above the amo it. of the injury done, not exceeding.£6. If after conviction of any such o . . nee under this or any a f t s , provioue former'Act : Felony, penal servitude for 3 years, or imprisonment not ex- conviction eeedirig 2 years, with or withoijt hard labor, and with or without solitary conffnement, 27 V., S. 1, c. 34, s 22. - Unlawfully and maliciously destroying or damaging, with intent to Onitiratoa roots, destroy any cultivated root or plant, used for the food of man or beast, or JJ ^1° „, boastf for medicine, or for disti'ling,^ or for dyeing, or for or in the mfldicine, distming, course of any m*iufacture. aiid growhig in any land, open or *r°o°llofed"''iand" enclosed, not being a garden or orchard, or nursery ground, on see s. -a-M ' conviction before a Justice the offender shall be oonimitted to the Common Gaol or District Prison, to be imprisoned only, or kept to hard labor not exceeding one month, or forfeit Miid pay over and above the amount of the injury done, not exceedins; 20a., unci in default of payment, with costs, if ordered, shall be committed as aforesaid not exceed- ing ojie month, unless payment, is pooner made After conviction of any conviction "' ° * such oS'enee against this or any former Act, on.any "subsequent conviclion, he shall be committed to the Common Gitol or District Prison, to hard la- lior not exceeding 6 months, 27 V., S. 1, c. 34, s. y3. Uiilawfully and maliciously cutting, breaking, throwing down, or in injuries to fsnoes, any wise destroying any fence of any ddsciiption, or any wall, stile or walls, staes, gates gate, or any part, on conviction before a Justice for the first offence, the offender shall forfeit and pay over and above the amount of the injury on subsoquont done, not exceeding £5. After conviction of any such offence against tins conviction oranyforn-er Act,, on any subsequent conviction, he shall be cotumitted to the Common Gaol or District Prison to hard labor not exceeding 12 months, 27 V., S. 1, c. 34, s. 24, Unlawfully and maliciously catting through, breaking down, or other- Dams, floodgates wise destroying the dam, flood-gate or sluice, of any fish-pond or of any I* water which is private property, with intent to take or destroy any of the fish in such pond or water, so as thereby to cause the loss or destruction of any of the fish, or unlawfully or maliciously putting any lime or other noxious material into any such pond or water, with intent thereby to des- troy any of the fish therein, or unlawfully and maliciously breaking down (,„,(„,., p|„„, or otherwise destroying the dam or flood gate of anj well or pond, or any gutter or pipe for the conveyance of water : Misdemeanor, penal servi- tude not exceeding 7 years, nor less than 3, or imprisonment not exceeding 2 years, with or without bard labor, and With or without solita'ry confine- ment, 27 V.', S. ], c. 34, s. 25. „ „ - Unlawfully and maliciously pulling or throwhig down, or in any .JJS";"' wise destroying anv Bridge (whether over any stream of water or not), or any viaduct or aqueduct, over or under whic& Bridge, viaduct 454 MALICIOUS INJURIEB, &C. or aqueduct, aay Highway ,^ilway. Tramway or Canal passes, or doing auy injury with intBnt, and so as to thereby render such Bridge, viaduct or aqueduct, or the Highway, Ri^way, IFramway or Canal passing over or under the same, or any part thereof dangerous or impassable : Felony, pe- nal servitude for life or not less than 3 years, or imprisoument not exceed- ing 2 years, with or without hard labor, and with or without solitary con finement, 27 V. S. 1, c. ^4, s. 26. , ToU Bars-woigii- Unlawfully and maliciously throwing down, levelling or otherwise des" ing^MocWnM; seo troying in whole or in p^-t any turnpipe gate, or toltbar, or any wall chain, rail, post,. bar or other fence belonging to any turnpikfe gate or toll bar, or set up or erected to prevent passengers passing by without paying any toll directed to be paid by any Act relatihg tnereto,*or any liouse, build- ing or weighing engine erected for the better colleotiori, ascertainment or security of any such toll : Misdemeanor, 27 V., S. 1, c. 34, s. 27. Boiiwajs-Tram- Unlawfully and maliciously putting, placing, casting or throwing upon' Putting wood <"■ across any Railway or Tramway, auy wood, stone or other matter 6r upon, removing thing, or unlawfully and maliciously taking- np, removing or displacing any togpiinte°orm'lJw ™'> sleeper or other matter or thing belpnging to.anj Railway or Tram- n«ry, Bhowing or Way, Or Unlawfully and maliciously tumirro, moving qt diverting 'any removing •>Bn'»i». points Or Other machinery belonging to any Railway or Tramway, or un- Uc" '""""°' '""■ lawfiilly and maliciously making or eiliovring, hiding or removing any signal or light, upon 'or near to any Railway or Tramway, or unlawfully and ma- liciously doing, or causing to be done, aily other matter' or thing with intent in any ot the cases aforesaid, to obstruct, upaet, overthrow, injure or destroy any engine, tender, carriage or track' using such' Railway or Tramway : Felony, penal sei-vltude fo'r life, or not less than 3 years, or imprisonment not exceeding 2 years, with or without hard laboiir, 37 V. , S. 1, c. 34, s. 28. Engine! or oar. By any Unlawful act, or by any wilful omission or neglect, obstructingi mTromwayi'Tr'a^- '"' causiijg to be obsti'ucted, auy engine or carriage using any Railway or «on Engines or oar- Tramway, Or any Traclion engine or wagon usijigan-y ordinary public Koad '"ages or aiding or assisting therein : Misdemeanor, imprisonment not exceeding 2 years, with or without hard labor, 27 'V.. S. 1, c. 34, s.'29. Electric Teiegropii Unlawfully and maliciously cutting, breaking, throw^g down, destroy- '■ ing, injuiing or removing any battery, machmery, wire, cable, post or other matter or thing, being part of or being, used Qr employed in or about any Electric or Magnetic Telegrapli, or in the worliing thereof, or unlawfully ■ and maliciously preventing or oostructing in any, manner whatsoever the sending, conveyance or delivery of >any communication by any, sucli Telegraph : Misdemeanor, imprisonment not exceeding 2. years, with or without hard labor. If it appear to any Justice, on the examination of any person charged with any offence against this section, that it is not expe- dient to the ends of Justice that it should be prosecuted by ^dietment, lie may proceed summarily, and the offender shall, on conviction,' either be com- mitted to the Common Goal, or District Prison or Geii'er^ Penitentiaty,,w3 to be imprisoned only, or kept to hard labor, not exceeding 3 months, or ^ else shall forfeit and 'pay not exceeding £10, 27 V., S. 1, e. 34, a. 30. CntUe, Killing, UnlawftiUy and maliciously killing, maiming or wounding any cattle : inaimingor wound- peloiiy, penal servitude not exceeding 14. years, nor less than 3 years, or imprisonment not exceeding 2 years, with or without hard labor, and with or without solitaiy confinement, 27 V., S. 1, c. 34 s. 31. Killing, &o. aog«, Unlawfully and maliciously kilUiig maiming or wounding any birds, domesticated dog, bird, beast or other animal, not oeing cattle, but being jeither ,'; animals y^g subject of Larceny at common law, or being ordinanly ' kept I in a state of confinement, or for any domestic purpose, on conii! viotion before a Justice, the oflTender shall be committed to the Common Ga,ol or District Prison, or General Penitentiary, to be im- j prisoned only, cr kept to hard labor, not exceeding 6 months, or forfeit ' and pay over and above the amount of the injury done, not exceeding' £18, ,! conviSuon"' If committed after a previous conviction of any of such offences, commit'.: meut to the Common Gaol or District Prison to hard labor for not exceed- 'i ing 12 months, 27 V., S. 1, o. 34, s. 32. >. Setting Are to or Unlawfully and maliciously, setting fire to, casting away, or in any- w"eSS°^eomp'Jtl ^^^^ destroying any ship pr vessel, whether complete or in an unfinished or unflniahed State : Felony, penal servitude for life, or not less than 3 years, or impri- sonment not exceeding 2 years, with or without hai-d labor, and with or without solitary confinement, 27 y., S. 1, c. 34, ,s. 33. MALICIOUS INJURIES, dcC- 45^ ttajawfnlly and maliciously setting fire t%dr casting away, or in any- sjttme n™ toor wise destroying any ship or vessel with intent thereby to prejudice any owner gMtVubma' " or part owner of such ship or vessel, or of any ggpds on board, or. any person who has, or shall underwrite any Policy of Insurance upon such ship or yessel, or the freight, or upon any goods on board: Felony, punishment as above, HT V., S. 1, c. 34, s. 34. ITnlawfiilly and uialioiously, by any overt aot, attempting to set fire AttompUns to ao to, cast away or destroy any ship or vessel urfoer such circumstances '» that if the ship or vessel were thereby set fire to, cast away or destroyed " the' offender would be guilty ofPelony : Felony, penal servitude not ex- .^eding 14 yeaxs, nor less than 3, or imprisonment not exceeding 2 years, %ith or without hard labor, and with or without solitary confinement, 27 v., S. 1, c. 34, s. 35. Unlawfully and maliciously placing or throwing in, into, upon, ' PUoinKorthroir- ^agamat or jiear any ship or vessel, any gunpowder or other explosive TObstoJom with Btibgtance, with intent to destroy or damage any ship or vessel,- or any intent to a o » troy machinery, working tools, g-oods or chattels, whether or not any .^xplo- Si'Sn'^y orgooas gion take place, and whether or not any injury be effected : Felony, same punishment' as above, 27 V., S. I, c. 34, s. 36. Unlawfully and nialiciously damaging, otherwise than by fire, gunpow- """hSi^bT'flM der or other explosive substance, any ship or vessel, whether complete ^powdir or other or in an unfinished slate, with intent to destroy the same, or reucfer it eipiosivo jubstanqo useless : Felony, penal servitude not exceeding 7 years, nor. less than 3, SJmpl'to or u" or impiisonment not exceeding" 2 years, with or witliout hard labor, .and flnishoi with or without solitary confinement, 27 V., SI, c. 34, s. 37. Unlawfully masking-, altering or removing any Lig^t qt Signal, or j."'?'!*' """'IK, -unlawfully exhibiting any false lig-ht or signal' witb intent to _ bring any „ » if, eihibiiiBB ship, vessel or boat into danger, or unlawfully and maliciously doing any- f«H8 lights, ao. thing tending to the immediate lessor destriictiou of any etup, yessel or boat, and for which no punishment i^. before provided : ^ Felony, penal servitude for life, or for any term' not exceeding 2 'years (sic), vrith or without hard labor, and with or without solitary confiaement, 27 V., S. 1, c. 34, 8.38. Unlawfully and maliciously cutting away, casting adi'ift, removing, ^^'''boSs,' buoy^', altering, defacing, sinking and destroying, or unlawfully and maliciously &o!, piles OTmoriui doing any act with intent to cut away,, cast adrift, remove, alter, deface, JJenSlbrpurposes sink or destroy, or in ahy other manner unlawfully and- maliciously injure of narigatiou orconcea'laayboat, buoy, buoy rope, perch, pile or mark Used or intended for ,tbe guidance of seamen, or the purpose of navigation : Felony, penal ser- 'Vitude not exceeding 7 years, nor less than 3 years, or imprisonment not . exceeding 2 years, with or without hard labor, and vvith or without soli- taiy confinement, 27 V., S. l,c, 31, s.^39. . Unlawfully and maliciously destroying any part of any ship or Deatroyiiig, itf ■fressel in distress, or wrecked, stranded or cast on shore, or any goods ™"reok°a, &J°or riierchandize or articles of any kind, belonging to such ship or eoods boiongiiic vessel: Felony, penal servitude not exceeding' 14 years, nor less than "■"''■' 3, or imprisonment not exceeding 2 years, with or without hard labor, and with or without solitary e .nfinement, 27 V., S. 1, c. 34^, s. 40- ■Sending, delivering or uttering, or directly or indirectly causing to be re- '"V'aJ't'"! Jji! cetved, knowing the contents thereof, any letter or writing threatening to JVrty" ' ' ■ bum or destroy any house, barn or other building, or any rick or stack of grain, hay or straw, or other agricultural produce, or any grain; hay, ■ or straw or agricultural produce in or under any building, or any shij) or » yessel, or to kill, maim or wound any cattle :- Felony, penal servitude not exceeding 10 years, nor less than 3, or imprisonment not exceeding 2 years, with or without hard labor, and with or without solitary confine- ment, 27 v., S. 1, c, 34, s. 41, Unlawfully and maUciously committing any damage, injury or spoil to ty'^JoS'Sr'pe^amai" or upon amy real or personal property, either of a public or private nature, not speoiaea, not for which no punishment is before provided, the damage, injury or spoil eiceeaing '^°^ '" tag to law,S7V.,S.l.c,34,s.a». MALICIOUS INJURIES, &C. 457 Where any person is charged on the oath of a credible witness before proooodings on a Justice, with any offence punishable on summary conviction under this summaiy convio Act, the justice may summon Mm to appear at a time and place to be "°"' named, and if he does not appeal-, upon proof of service, by delivering the summons to him personally, or by leaving it at his usual place of abode, the .Justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person, aud bringing him before him- self or some other Justice, or the Justice before whom the charge is made, jmay, without any previous summons) unless where otherwise specially di- rected) issue such warrant, and the Justice before whom the person charged appears or is brought, shall proceed to hear and determine the case, 97 v., S. 1, c. 34, s. 51. ' Persons aiding, abetting, counselling or procuring the commision of Aiders and aiet. , imy offence by this Act, punishable on summai-y conviction, either for every ""ri°/°*f''°°haM" timeof its commission, or for the first and second time only, or for the first ""ill.to'S'ana "sub- time only, shall, on conviction before a Justice, be liable for every first, soijuoiit offonces of second or subsequent offence of aiding, &c., to the same forfeiture and °™"b punishment to which a person guilty of a first, second or subsequent offence as a principal offender is made liable, 27V.,S. 1, c. 34, s. 52. Every sum forfeited for the amount of any injury done shall be assessed Foifoitures for in each case by the convicting Justice, and paidfto the party aggrieved, !jj5it'°ami araS •xcept where he is unknown, in which case the sum shall be applied in the tion same manner as a penalty. Every sum imposed as a penalty by any Jus- tice, whether in addition to such amount or otherwise, shall be paid and applied as other penalties recoverable before Justices where the statute im- posing them contains no directions for payment to any person. Where vphore several are several persons join in the commission of the same offence, aud are upon a^udged to pay for conviction each adjudged to forfeit a sum equivalent to the amount oftbe to|ouur6» for in injury done, no further sum shall be paid to the party aggrieved than such g"Iivod'°to°rsce°^a value or amount ; and the remaining sums forfeited, shall be applied in the ""'y »■>». "'» rcsst to same manner as any penalty imposed by a Justice Is before directed to be Jffv"'*"''^ "^ ''°'' applied, 21 V., S. 1, c.^4, s. 53. ^ In every case of a summary conviction under this Act, where the sum Enforcmoni o f forfeited for the amount of the injury done or imposed as a penalty is not tuMTanVpeifuitioV paid either immediately after the conviction or other such period as the by eommitmcnt Justice at the time of the conviction appoints, the convicting Justice (unless when otherwise specially directed), may commit the offender to the Com- mon Groal or House of Correction, to be imprisoned only or kept to Lard whoro not e i- labor for not exceeding 2 months, where the amount of the sum forfeited, or """'""S'^^ of the penalty imposed, or of both {as the case may be), together with the costs, do not exceed £5 ; for not exceeding 4 months where the amount with wiiere not escped costs do not exceed £ 10 ; and not exceodmg 6 months in any other case. ""I^'" , , . The commitment to be determinable in eacli case, upon payment of the °'° amount and costs, 27 V. S. 1, c. 34, s. 54. Where any person is summarily convicted before a Justice of any of- ciia'!Be°off6na6r''oii fence against this Act, and it is a first conviction, the Justice may discharge payment of dam- the offender from his conviction upon his making such satisfaction to the fsT'colviHon"'''"' party aggreived for damages and costs, or either, as shall be ascertained bv the Justice, 27 \^ S. I, c. 34 s. 55. When any person convicted of any offence punishable by summary ,.j,^"'™? summa- conviction unjer this Act, has paid the sum adjudged to be paid with costs reiL°s°S"^'^^^'?y under fcuoh conviction, or has received a remission thereof from the t .'rown, tiicr proceedings or ha.s suffered the imprisonment awarded for non-payment, or the im prisonment in the fii-sc instance, or has been discharged from his conviction by any Justice he shall be released from all further or other pi'oceedings .for the same cause, 27 \'. S. 1, c. 34 s. 56. In all cases upon any summary conviction under this Act, any person „*,"'°Ji"'°,°'„^"™' thinking himself aggrieved, may appeal, 27 V,, S. 1, c. 34, s. 07. No such conviction or adjudication on appeal shall be quashed for want ^j"^'''°j,',^J5 "J.""" of form, or removed by Certiorari ; and no warrant of commitment shall be ^ant'of" form, ° ' nor held void by reason of any defect, if it be therein alleged that the party a ny commitment has been convicted, and there is a valid conviction to sustain it, 27 V,, S. 1, f7;'°°i|7c™™/cTion c. 34, s, 58. 3K 458 MANDAMUS PEOHIBITION, &C. notkms"""'™ ''"'" •*'' a^'iois and prosecutions for anything done in pursuance of this Act, shall be laid and tried in the parish or precinct where the fact was commitr ted, and commenced within 6 months 'after, and not otherwise. Notice in writing of snch action, and of the cause, shall be given to the defendant one month at least before the commencement of the action. The defendant may plead the general issue, and give the special matter in evidence; and no plaintiff shall recover, if tender of sufficient amends is made before action IS brought, or a sufficient sum paid into court after action by or on behalf of the defendant. If a verdict pass ior the defendant or the plaintiff be nonsuit, or discontinue after issue joined, or if upon demurrer or otherwise, judgment is given against the plamtiff, the defendant shall recover full costs as be- tween attorney and client, and have the like remedy for the same as any de- fendant in other cases, and though a verdict be given for the plaintiff, he shall not have costs against the defendant, nnleas the Judge before whom the trial is, certify his approbation of the action, 27 V., S. 1, c. 34, s. 59. iea''irithin™C-u. All mdiclable offences in this Act committed within the jurisdiction of risdiction of the the Court of Vice Admiralty of this Island, shall be deemed offences of the ''"""ofviTOAdmi- same nature, and liable to the same punishnrent as if committed upon land an/punfsLibio '" Jamaica, and may be dealt with, enquired of, tried, and determined in any parish or precinct in which the offender is apprehended or in custody, in the same manner as if the offence had been committed in that parish or precinct, In any indictment for any such offence, or being accessory to such an of- fence, the venue in the margin shall be the same as if the offence had been committed there, and the offence shall be averred to have been committed on the high sebs ; and any offender shall be liable and shall suffer such punish- ment or forfeiture, or penalty, as he would be subject to in case siich of- fence had been committed, and was enquired of, and tried, and determined laws rointing 'to '" England. Not to alter or affect any of, the laws relating to the govern- 1 n n a and oaTai muet of H. M.'s land and naval forces, 27 V., S. 1 , c. 34, s. 60. FhMB and suro On couviction of any indictable Misdemeanor under this Act, the Court. ties to keep tiio may, in addition to, or in lieu of any of the punishments authorized, fine the pnacoinw a rases gjfgmjgp^ j^,^ require liim to enter into his own recognizances, and tofind sureties, both or either for keeping the peace, and being of good behaviour. In case of any Felony, the court may require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Act authorized. No person shall be imprisoned under this clause for not iinding sureties exceeding one year, 27 V.,S. l,c, 34, s. 61. Imprisonment on When upou any summary conviction, imprisonment without hard labor TOmmaiy ™5'''5j is awarded, the imprisonment, may be either in the County Gaol or nearest labor^^' °" "^ District prison. Whenever hard labor is awarded, it shall be in the near- With hard labor est District Prison. The Justices for Kingston, St. Andrew and Port-Iioyal Andrew,"^nd''pfrt andpreciuct of St, Catherine, may commit and sentence male offenders to soyai aid preoinot the General Penitentiary, and females to the Female Penitentiary, as they of St. catiiorino „,.g „(,,,, authorized by law, 27 V., S. 1, c, 34, s. 62, Solitary conHno- Wlienever solitary confinement is awarded under this Act, the court nipnt may direct the offender to be kept in solitary confinement for any portions of his imprisonment, or imprieonment with haid labor not exceeding 1 month at any one time, nor 3 mouths in any I year, 27 V., S 1, c. 34, s, 63. Costa of proseou- ^^^^ Court before which any indictable Misdemeanor against this Act is tion in misiiemean- prosecuted Or tried, may allow the costs of the prosecution as in cases of Fe- »" lony ; and the order for payment shall be made out, and the money paid and re-paid upon the same terms and in the same manner as in casestif Felony 27 V,, S. l,c, 3-l,s, 64, Pnvdons to per- The Queeu's representative may extend the Eoyal mercy to any person sons imprisoned imprisoned, by virtue of this Act, although for non-payment of money to may issue, althongh r ., i, ^^ /t ci-y ,\t S i .,* it: money bo payable souie pcison Other than the Crown, ^7 v., o, 1, c, 34, s, 65. otherwise than to the crown Mandamns, Prohibition, &c. Persons eiaimins ■'" ^^y application for a Wi'it of Maudamus, Prohibition or otuerwise, right may be called the Supreme Court may make rules and orders, calling not only the person upon to show cnuie (o wliom the Wilt is required to issue, hut all other pei'sons having or PoTvers of Court claiming any right or interest in or to the matter of the Writ, to shew cause °^ B intevnieador "g^^ins' '■''® Issuing and payment of the costs of application ; and upon the '° " appearance of sucTi other person, or in default of appearance after service. MARKETS, may axercise all such power's, and make all snoL rules and orders applica- ble to the case as are given or mentioned in this Act, 7 V., c. 33, s. 8. 459 Markets. • tiandsiu Kingston lieretofore purchased and used, and appointed for ,,|:«!ie of Fresh Meat, Fish, Vegetables, Provisions and Frwil, arid the baildiugs thereon, shall be vested in the.. Mayor, Aldermen and Common- alty of the City and Parish of Kingston, and theu' successors. Lands and Buildings in other parishes where, h^ld absolutely in trust for any such parish, .sliall vest absolutely in the Churchwardens, and where held "under lease, shall vesf in the Churchwai'dens for the residue of the term of any existing lease as the assignees of the parties named as lessees, and all fur- ther purchases and leases shall be taken in the name of the Churchwardens' of the parish of , ., (naming it), and actions and suits for breach of covenant or contract respectipg, or for damage or injury to the mai'ket places or buildings or appurtenances, sliall be brought by or against tbe Churchwardens, by such name, and the contracts alleged in sucli actions laid" to have been inaue by or with them, and be supported by evidence of any vajid contract entered into by or with the Justices and Vestry, or other person heretofore lawfully authorized to enter into the same on behalf of any paiish. In all criminal or other proceedings, where it is required to al- lege property in such market-places, buildings or appurtenances, other than inKmgston, where they shall be alleged to be in the Mayor, Aldermen and Commonalty of the City and Parish of Kingston, they sliaU be stated (o be in the Churchwardens of the parish of The Church- wai'deus to whose hands any money shall come by virtue of this Act, shall bo rteporisible to the Justices and Vestry ; but no Churchwarden shall be personally liable to makcf good out of his own funds, any moneys recovered m any action or suit against the Churchwardens, 9 V., e. 38, s. 1. The Common Council of Kingston, and the Justices and Vestrymen of other parishes may purchase or lease land [with the sanction of the Exe- cutive Committee, see Vestry, 'IT V., S. 1, c. 7, ] for the erection or extension of markets, and uphold, repair, or improve the same, and make rules for their government, and for the maintenance of good order and cleanliness therein ; and all existing rules shall continue in force until al- tered or varied, 9, V., c. 31, s. 2. Subject to the right of appointing Clerks of the Markets in such parishes as H. M. is eutitled to make, and its exercise, the Common Council and Jus- tices and Vestry may appoint and remove Clerks of the Markets, and remu- nerate them by salary, 9 V., c, 38, s. 3. And may enter into arrangements with the Governor for the non-exer- cise orthe power of appointment or with the patentee, subject to the Go- vernor's appi-oval, for the non-exercise of his office, except tlu'ough their no- minee, and subject to this Act, 9 V., c. 38, s. 4. And may fix and establish a reasonable Scale of Fees, to be payable at the Markets, by persons resorting thereto, and alter same ; and until es- tablished those heretofore usually received shall be collected, 9 V., c. 38, S.5. The rents and fees shall be part of the general pai-ochial funds, aud the expenses, part of the parochial expenditure, 9 V.. c. 38, k 6. No fresh Meat, Fish. Vegetables, Provisions or Fruil, shall be sold in any City or Town, elsewhere than in the Mai'ket place during the hours it is kept open. Selling, or exposing for sale any fresh Meat, &c., during such hours elsewheie than in the Market :" Penalty not exceeding 40s. Not to prevent any person from going from house to house ofl'ering for sale or selling Fruit, Provisions or Vegetables during such hours, 9 V., c. 38, s. 7 Disobeying or infringing any rule, ordinance or regulation, now or to be made : Penalty not exceeding £5, 9 V., c. 38, s. 8. Slaughtering or causing, &c., any Bull, Steer, Cow or other description of neat Cattle for beef or veal, or any Sheep. Lamb, Goat or Ivid, or djying or exposing to be dried the skin of any neat Cattle, Sheep, &c., within any Town, other than in such places as the Common Council or Justices and Vestry appoint, or as have been heretofore usually pllowed : Penalty not exceeding £5, 9 V., c. 38, s.9. Markolfl, Lauds and Buildings in Kingston vostod in tlio Corporation In otlior parishos Jn tho Churciiwai'- dcns Actions ami suits Alligation of pro perty CImrchwai-dens not personally lia bio for moneys re- cove rod against tliom Extension and repair — Good order and eiaanliucss i see U V,c. 30,8.2 . Appointment and removal of Clerics Fees ; see 21 V. u. 1-2 Konts and fees and expenses part of paroctiial funds and expenditure Sales to be in market plaeo while open Fruit, Provisions, Vegetables See as to King ston, 27 v., S. 1, c. 10 Disobeying lluies Slauglit e r i n g cattle, &c. or dry ing sldns in towns Building, &c. markets olhoi'tlian as cgtublislietl by the Justices aud Vestry, or selling therein Fruit, Provisions or Vegetables ttons bouse to house Imperative to Jus ticos and Vestry to provide marke ts in parishes where there are none Building or establishing, or causing, &,c., to be established, any ] for the sale of fresh Meat, Fish, Vegetables, Provisions or Fruit, or &e. 460 MARKETS. Univhoiesome The Clerfes of the Markets shall seize, or cause, &c., any bad or im- "Sn. "' '"'°" wholesome Meat, Fish or Provisions, brought into the Market or else- where for sale, and cause them and the parties in whose possession they are, and theii- employers to be brought before 2 Justices, who may direct the Meat, &c., to be destroyed and fine the offenders not exceeding 40s. each, 9 V.,c, 38,s. 10. Prosecutions Prosecutions shall be commenced within 3 calendar months before 2 ponaiticB'"''''™ Justices, and penalties enforced by distressand sale, or in default of ^oods, commitment not exceeding 1 calendar month ; and all penalties paid in aid of the funds of the parish except such portion as the Justices award to persons informing, and upon whose evidence the conviction is made, 9 V., C.38, s. 11. Market or selling or disposing or peimitting or causfng to be sold or disposed of, or offering and exhibiting for sale in any such place in any City, Town or Paiish, other than the regular Markets established by the Corporation of Kingston, or Justices and Vestry, and subject to the regulation and payment of the fees ordained by them : Penalty £5 for every day or portion of a day , during which the articles are sold or exposed, or offered for sale. Not to prevent any person from going from house to house offering for sale, or selling Fruit, Provisions or Vegetables, 10 V., c. 30, s 1. It shall be imperative on the Justices and Vestries in parishes where no Markets are provided, toprovide such Markets, establish regulations and ordain scales of fees : Penalty £o on every Justice and Vestryman neglect- ing such duty, 10 V., c. 30, s. 2. Any person exposing or exhibiting for sale, or selling or permitting to be exposed for sale ui or upon any piazza, verandali, wharf or entrance to a wharf, portico or other erection in front of the house or premises occu- pied by him or in his possession, or in any street in any City or Town, any fresh Meat, Pish, Vegetables, Provisions or Fruit, shall forfeit 10s., 10 V., C.30, S.3. Penalties shall be recovered and enf(j)'ced as under 9 V.. c. 38, s 11, 10 v., c.30, e. 4. The Justices and Vestry and Common Council may rent or lease for not exceeding 3 years, as shall appear most advantageous, and for the most money that can be bad, the Markets in their parishes, with the rights and appurtenances, and execute and deliver all necessary agreements, demises or leases, 21 V., c. 12, s. 1. The Justices and Vestry of any pai-ish where there is uot any Market building or Premises, may lease suitable premises, 21 V., c. 12, s. 'i. The signatures of the Custos or presiding Justice, or the affixing, by order of the Mayor or a presiding Alderman at a meeting, the Seal of the Common Council to any agreement, demise or lease for renting or leasing to any person the Market and appurtenances, shall suffice to make it valid; butevery agreement, &c., shall be signed or sealed, or directed to be sealed at a meeting of the Justices and Vestry or Common Council, summoned in the usual manner either for the special purpose or for trans- acting business generally, 21 V., c. 12, s. 3. Such agreement, demise or lease, shall contain all necessary powers for the recovery of rent in ariear and re-entry, and all usual covenants on the part of a tenant or lessee, and as nearly as circumstances will permit in the tormof words in the Schedules to 13 V., c. 22 (Leases) 21 V., c. 12, s. 4. It shall be stifficient to describe the Justices and Vestry, or Common Council as the Justices and Vestry of the parish of (naming it), acting in purauance of the Market Lease Act, 185*', or the Common Council of the *City and Parish of Kingston, acting in pursuance of the Market Lease Act, 1857, 21 v., c. 12, s. 5. The moneys to be reserved as rent shall when received be paid over to the Keceiver-General for the use of the Government of this Island, 21 V., c. 12, s. 6. The Justices and Vestry or Common Coiuicil may require and take se- curity by bond or otherwise, in stich amount, and with such sureties as Leases not exceed- ing 3 ye^rs Justices and Ves- try may lease suit- able market premi- ses ICxBcution Form of lease '..Descri p 1 1 o n of Lessors Rent to be paid to I he Reooiver- General Security MAROONS. 461 they thiuk fit, and may from time to time require additional or new secu- rity from any person leasing or renting any Market, 21 V., c. 19, B. 7, The Market Lease Act. 1857, 21 V. , c. 12, s. 8. short Titio As regards Kingston, so much of 9 V., c 38, b. 7 as relates to the sale of itm^'aft'ouSu,' fresh Meat, Fish, Vegetables, Provisions or Fruit, elsewhere tlian the Mar- ingt'osouoisowiieio ket phice during the hours it is kept open, is repealed, 27 V.,8. 1, o. 10 s. 1. than in the market Any person desiring to establish a shop for sale of fresh Meat, Poultry, Notico by persons Game, "fresh Fish, Vegetables, Provisions or Fruit in Kingston, shall notify ?,°'p"'f,l?°S";f liis intention to the Clerk of the Common Council at least one month j)revious moat, &c.. to a Quarterly Meeting of the Common Council, and state in writing the situation and intended purpose of such shop. No such shop shall contain Shop to contann more than fresh Meat or Poultry, and Game, or fresh Fish or Turtle and """"'"B ""^ Shellfish or Vegetables, Provisions and Fruit, 27 V., S. 1, c. 10 s. 2. After such publication, the application shall be submitted at their next Pramisos to bo Quarterly Meeting, where they may direct the City Inspector to visit the oxaminca omi re- premises, and examine and report to the Common Council, whether they cify'inspeotor" ' are suitable for their intended purpose, and whether supplied with all the necessary requirements and appliances, so as to prevent the same becom- ing a nuisance to the neighonrhood, 27 V., S. 1, c. 10 s. 3. On the favorable report of the City Inspector, the Common Council shall common Council grant permission to estaolish the shop ; but the person ihall be subject to the "?»y e'"" . pormu laws and ordinaucee regulating the Markets and to the inspection of the ■""' ' "''°'''"™» City Inspector and Clerk of the Markets, 27 V., S. 1, c, 10, s. 4. lu case of sucii shop becoming a uuisauce to the neighbourhood, or of , itevokc pormis- repeated infraction of the law or ordinance regulating Markets, or resistance '"°'' to the constituted authorities, the Common Council may revoke such License, 27 v., S, 1, c. 10 s. 5. Not to authorise any person to exhibit, &c., for sale any such articles jjoj i^ nmhoriso in any Piazza, Verandah or Wharf, or other public place, so as to create ob- sales, &c. on piaa- strnciion or annoyance to inhabitants or passengers, 27 V., S. 1, c. 10 s. 6. ""' Before any person is entitled to open.any shop for the purposes afore- Lieense to bo said, he shall take out a License from the Common Council, and pay such '»''»" '""^ po'"- sum as they may determine according to a scale of fees to be fixed by "them ; ^cn'thore "ore '° the amount to be paid by the Collector of Dues and accounted for by him to the Receiver-General, as part of the parochial revenue, 27 V., S. 1, c. 10 s. 7. No Lessee shall be eligible to hold the other office of Clerk of the Mar- No loaseo to bo kets at. one and the same time for Kingston, 27 V., S. 1, c. 10 s. 8. Markots"for°Ktag° _____ ston Maroons. Sale of the forfeited Trelawny town lands directed, with the exception , *"" „4,f''°" J'"j of about 300 acres reserved for the use of the Troops, 36 G. 3, c. 33. ^"^""^ '''"" ''°°* These lands (400 acres) the Secretary at War was authorized to transfer to the Executive Committee for the benefit of the Island, 25 V., c. 4. The Executive Committee, or any 2 of them, were authorized to EiSSrSSmmii^ make conveyances of the allotments of lands to Maroons, under the repealed too of lands allotted Act6, 5A^, c. 49,7 V., c, 34, 9. V , c. 27, and 13 V., c. 32, for which to Maroons conveyances had not been made; 19 V., c. 25, s, 1. i^orm of conveyance, whichis not to be valid without a diagram, an- Form diagram noxed. Conveyance and diagram exempted from Stamps, 19 V., c. 25, s. 2. "»■"»» In case of disputes between parties, the Executive Committee, or any Eieoutive com- 2 of them, were empowered to determine same, and convey the land to 3|"'J5„',° <'«'"'■"'>>• such one as they should think fit, 19 V., c. 25, s. 3. "'"' °' The rights and privileges granted to the Maroons by repealed Acts, PriTiiegoi" • not affected in any way, 19 V., o. 25. s. 5. Maroon Townships Land Allotment Act, 1856, 19 V., c. 25, s. 6. short Title FORM OF CONVEYANCE. We, the undersigned being of the Executive Commit- tee, appointed to grant and convey lands to Maroons for the parish of do hereby grant and convey unto his heirs and assigns, all and every the lands 462 MARTIAIj liAW, oousistiug of acres, mentioned, comprised and delineated in the plat or diagram tliereof, heremito annexed, to hoU sacli lands, with their and every of their rigji^s.mgm.bers and appurte- nances, nnto and to the use of the said his heirs and assigns iov ever. In witness whereof, we liave' li&'e' unloset and affixed our hands and seals, this ' ' daf'of one thousand'eight hundred' and ■ -' Ko suit lo com- pel marriage Marriag'e. <• .-, The revocation of a previous Will, 3' V., c. 51, s. 13, (seeWilisJ. No suit or proceeding shall be had to compel the celebration of any Mar- riage, by reason of any promisfe or marriage contract entered into,. or of seduction or any other cause ; but not to prevent the recovery of dainagea for breach of promise of marriage, or seduction, or other cause, t V., c. 44, s. 8. ■ Proviaionfl for legitimising issue b^ subsequent mar- riage of tlioir pa- rents, and declara- tions between 11 April. IWO, and 22 December 18-11 * Certificates and declarations in du- plicate nupiica^s to be recorded in Secre- tary's OfHee As also under previovs Act, 3 V., c. tiT, 8. 17 CSarriag'cs de Facto. Many Marriages de facto having taken place, but which have ■ never been sanctioned by any public ceremony, or formally registered ; arid in many cases the parties having had oifspring of such Marriages ; and it being expedient tliat provision should be made for enabling such persons to confer upon their children the benefit of children born in lawful wedlock, persons having so contracted Marriage, were empowered atany time jvith- . in 12 months after the passing of this Act (22nd December, 1840) duly to solemnize the marriage ceremony before any Clergyman of the established Church, or in any other manner "authorized (see Dissenters' Marriages), ^nd make the declaration attested by the witnesses presept, and sighed by. the Minister, in the form prescribed ; which ceremony should have relation back to the time of the Marriage de facto ; and all their children shall be .deemed to have been bom in holy wedlock, and enjoy all the rights, privi- leges and advantages of persons .born in lawful wedlock ; to preserve evi- dence whereof, duplicate original declarations were requii-ed,' before the parties departed, to be made, signed and attested, to be appended to and kept with the original and duplicate original registers, and tor all purposes of evidence deemed part thereof ; and such ceremony was allowed to be performed without Banns or License. Not to defeat any grant previously made by the Crown, 4 V., c. 44, s. 20. The Duplicate certificates of de facto Marriages and declaration were authorized to be registered, by parties interested in legitimising their issue, in the Secretary's Office, 4 V., c. 44, s. 21. ' Provision is also made for recording Duplicate certificates and registrar tion under a similar provision in the the repealed Act, 3 V. , c. 67, s. 1 7 passed nth April, 1840,'* 4 V., c. 44, s. 2-3. Arrests ne exeat in .ul'i may be exe- cuted Also Foreign At taehmcnts Judges, Justices in criminal cases l^artial Law. Notwithstanding Martial Law any action or writ of arrest at law, or writ of exeat insula or like process in equity may be sued forth and ex- ecuted for enforcing payment or securing the debtor, as if Martial Law were not ill force : provided it is shown on oath in writing, in addition to the usual affidavit for grounding the action, writ or process, that the defendant is about to depart the Island upon the knowledge, credible information or belief of the deponent ; or in case the debtor actually departs this Island, or is ab- sent duruig ■ Martial Law, writs of foreign attachments may issue against his moneys, goods and chattels in whosoever hands they be or are sup- posed to be, 11 v., c. 7, s. 1. The Chief Justice and Judges of the Supreme Court and Justices of the Peace shall act in all criminal matters, by committing or bailing oifen- ders or binding over parties or witnesses to prosecute i and Coroners shall execute their office notwithstanding Maitial Law, 11 V., c. 7, s. 2. riages Provision was thus made for legitimising issue by Bubsequent between 11th April, 1840, and 22nd December 1841. Mar- MEDICAL PRACTITIONERS. 463 The judges, Juatioea, Pro voat Marshal and Deputies, and Constablea Forcible entry may act incaseaof forcible fentry, and detainer, in signing writs ofrestitu- and detainer. tion andjDOBsessiou and in the execution of writs, warrants and other pro- cess, 11 v., c. 7 s. 3. ' Landlords may distrain for rent npon giving security to the amount o Distress for rent the goods distrained on, before a Justice, to make restitution upon a re Landlordto give plevBi, thereafter to be brought for the goods, in case judgment is given security against them, 11 V., c. 7, s. 4. Justices and Vestry, Chnrch wardens, Surveyors of Highways, or Way- Justices and waidens, shall proceed to the discharge of their duties 'and the several Con- Vestry, Church- stables may collect, levy and distram for taxea, and shall incur penalties ™j5™^- ^„»I: forneglectofduty, 11 V-., c. 7, S.5. ■ • ^ Eo"kxes Constables distraining shall give security to the amount of the goods Security from ^ disti'aiued on, before a Justice, to make restitution upon any replevin to be Collectors ' brought in case judgment is given against them, 11 v., c. 7 s. G. In force until 31st December, 1857, 11 V., c. 7, s. 7. ' Continued until 31st December, 1867, 21 V., c. 20, s. 1. The Judges may act within their circuits, as the Justices of Assize were, circuit Court by 11 v., c. 7, empowered to act, 21 V., c. 20, s. S. Judges Piasters in Chancery. The Vice-Chancellor may, from time to time, make or alter such rul^o Vice Chancellor or regulations as he may see fit, for the due, efficient, economical and speed.i to make rules for discharge of the business in the office of the Master, Copies to be laid be- i-'-'chargeof busi- fore the Legislature within 21 days after the opening of the Session after ""^■' which they are made, 27 V., S. 2, c. 3, s. 6. In making up their report they shall not embody nor repeat the claims claims and and vouchers lodged with them in their reports, but shall make a schedule vouchers not to be of claims propounded before them, distinguishing such sums as are admitted embodied ii> re- to proof and established, from those which have been disallowed, nnmberino; P""^ them consecutively, and referring by a distinguishing number to the proofs Reference t o and vouchers in their office in snpport of their report, 28 V., c. 36 s. 8. vouchers «;"•■, The practice of issuing several consecutive notices for one and the Oneperemptory ,5jBan«e act is abolished ; and but one peremptory notice for each act shall be notice allowed in taxation, 28 V., c. 36, s. 9. As soon as a Master leaves the Islend, either party may, by a side bar Transf e r o f rule, transfer the cause to the Master next in rotation ; and before quitting causes the Island, each Master shall deposit with the Registrar the papers and doon Papers and do- ments in aU suits referred to and pending before him, 28 V., c. 36; s. 10. poS wit^Re- As vacancies occur they shall not be filled up, nor new appointments gistrar made, but the duties shall be confined to existing Masters and the survivor ; vacancies and on their total extinction, the duties theretofore discharged by the Mas- Du«esultimate iers shall be performed by the Registrar, who shall be entitled to be remu- ly to be transter- nerated for such extra duties according to the allowance to be from time to red to Registrar time ordered by the c ourt, according to the nature and quality of the services scientific p e r- rendered ; and the court may direct the employment of accountants, engi- sons neers, actuaries or other scientific persons to facilitate the enquiries and references, and act upon their certificates, and make and order such allow- ance and remuneration as seems just, 28 V., c. 36, s. 11. The fee of the Master and Masters extraordinary for taking an affidavit j.^^ („, taking shall be in all cases la, in-eapective of the classification of the suit ; and in affidavits parishes where there is not to be found a Master to discharge the ministe- Justice of the rial functions of such office, they may be discharged by any Justice of the ^arMiSnfsteriai Peace, 28 V., c. 36, s. 12. functions nSedical Practitioners. Whenever any legally qualified Medical Practitioner in that capacity jees foratten- attends aity Court, or before a bench of Magistrates, to give evidence on dance in courts or . behalf of the Crown in any public prosecution or investigation, in obediencfe M°™ ^™"'=^' ^' to a subpoena or summons iasued by the Clerk of the Crown or Peace, the ^""^^^s Court may order him, for hia attendance, to be paid the fee provided in Schedule A., 13 V., c. 21, s. 1. 464 MEDICAL PKAOTITIONERS, The orders of the Court shall be forthwith 'made out and drawn upon the Eeoeiver-Greneial, and delivered by the Clerk of the Cowt to the Medical Practitioner ; thtfle of a Court of Petty Session! or bench of Ma- gistrates shall be drawn by the Clerk of the Peace or Clerk of the Magis- trates, and countersigned ojr the Clerk of the Veatrjr or Common Cotmcil on the Treasurers of the Parishes. Such orders shall be paid on presenta- tion forthwith to the Medical witness or person authorized to receive the same on his behalf, 13 V., c. 21, s. 9. Before Coroners Those attending Coroner's Inquests to give evidence as witnesses or to give evidence and perform a post-mortem examination in obedience to an order or summons from a Coroner, shall be entitled to receive the remune- ration or fee in Schedule B., under the Coroner's order on the Eeceiver- General, to be forthwith paid on presentation, but not for any post-mortem examination, without the previous directions of the Jury, 13 V.c, 21, s. 3, A., 3- 1 SCHEDULES. £ a. d. Attending to give Professional evidence at Assizes. .. 2 2 For every Mile from his place of Eesidence to the Court House 1 C Every day he is in attendance to give evidence 1 1 Attending to give Professional evidence before the Magis- trates 1 1 B., B. 3 Attendmg to give Professional evidence at any Coro- ner's Inquest, whereat no post-mortem examina- tion is made by such Practitioner.. 1 1 ' For every Mile he is obliged to travel from the place where he is summoned, to that where the In- quest is held 1 G Making post-mortem examination of the bodj of the Deceased, with or without an analysis of the contents of the stomach or intestines, and for at- tending to give evidence, the additional fee of 2 2 To be elected They are entitled to be elected Coroners if they offer themselves Coroners ; Bee Co- as candidates, 19 V., c. 17. roner Registry Office The Island Secretai-y shall be the Registrar, and the office of enrol- ments the Eegistry Office of duly qualified Medical men, 23 V., S. I. c. 17, B. 1. Form of Regis- Form of Register, Schedule A, to be kept by him, 23 V., S. 1, c ter 17, s. 2. Persons entitled Any person who, prior to this Act, was actually practising Medicine to be registered and Surgery, or Medicine or Surgery, and was hitherto registered as a duly qualiiied Medical Practitioner, Licentiate, or extra-Licentiate under any Act or being a Licentiate or extra-Liceutiate of any College under any Aco of this Island, or being a Fellow, Licentiate, or extra-Liceutiate of any College or Faculty of Physicians or Surgeons, or Society of Apothecaries of the United Kingdom, of any College, Faculty or Society elsewhere, being recognized as such by the General Council of Medical Education and Eegistration of tiie United Kingdom, under the Imperial Act, 21 and 22 Vict., (c. 90) cited as the Medical Act, who was actually practising Medi- cine and Surgery, or Medicine or Surgery prior to this Act, \Yhether hith- erto registered or not, shall on production to the Eegistrar, of a declaration made before a Justice (Form B if hitherto registered, Form C if noi) de- clared to and signed by him, and impressed with a lOs. stamp if already registered, or 20s. if not, be entitled to be registered under this Act as a diuy qualified Medical Practitioner, 23 V., S. 1, c. 17, s. 3. Where not al -^-ny Fellow, Licentiate, or extra Licentiate, &c., as in the preeedmg ready practising " clause described, who shall not have been actually pracrising, but shall desire to do so, shall on production to the Registrar, of a declaration be- fore a Justice (Form C) declared to, and signed by him, and impressed with a 20s. stamp, be entitled to be registered under this Act, 23 V., S. l,c. 17, s. 4, ,.■ MEDICAL PRACTITIONESS. 465 J .' Airy person not a PeTlow, Licentiate, or extra Licentiate recogilized as *""• w""!""- aSkefiaid, who has praclliaecl prior to this Act, desiring to practice shall, on " production by him to the Eegistrar of a certificate of examination (Form D ,) signed by the Members of the Board of examination, and countersigned by JShe" Secretary and impressed witn a stamp of £11 lis. be entitled to be re- . (gistered, 23 V., S. 1, c. 17, s. 5. /^ * Any person wilfally making a false declaration shall be deemed to have raise dBoiaration ..OTnmitted perjury and be punishable accordingly, 23 V., S. 1, c. 17, s. 6. Whenever any Fellow, Member, Licentiate or extra Licentiate of any Admission after GoUege, or Faculty of Physicians an-d Surgeons, or Society of Apothecaries oxamina 1 1 o n of ofany College, Faculty or Society, elsewhere than in the United King- "IS So. "not of dom, who shall not have been actually practising in this Island prior to the United King- 23 .v., 0. 17, desires to practice Medicine and Surgery, or Medicine or Sur- *»■" gery, and possesses and produces such Diplomas, Certificates and Testimo- nials as the Board of Examiners consider a sufficient guuarantee for, and g asses an examination before, and obtains a certificate from them that e has produced satisfactory Diplomas, &c., and is qualified to practise Medicine and Surgery, or Medicine or Surgery in this Island, such per- son upon producing to the Eegistrar a declaration to be made before a St""'?"'' dooiara Justice, according lo Form C, 23 V., o. 17, declared to and signed hy him, °" and impressed with 11 Guineas Stamps, shall be entitled to be registered, and practise as a duly qualified Medical Practitioner, 26 V., S. 2, c. 23, s. 1. Before the meeting of the Board, the person about to present himself Eipensos of Board for examination, shall pay to the Secretary all charges incidental to the . meeting, 26 V., S. 2, c. 23, a. 2. The certificate shall be the foUowmg effect : — This is to certify, that of the parish of Certtiicate on application made by him to us, was on the - day of last, examined by us touching his qualification to practice as a Medical Practitioner ; and that at such ,1 examination, he produced before us satisfactory and suflicient Diplo- ma, Certificate or Testimonials, and that having been first duly exa- mined by us, he satisfied us that he is a fit and proper person, and qualified to practice Medicine and Surgery, (or Medicine or Surgery) and that he may be registered under the authority of the " Medical Act, 1859." To be signed by the Members of the Board, or any 2 of them, and countersigned by the Secretary, 26 V., S. 2, c. 23, s. 4. To the Eegistrar under the Medical Act, 1859. The Pegistrar, on 1st July and let January in every year, or aa soon i;'''" to be pub- after as practicable, shall cause to be published in "The Jamaica Gazette" an 'i='>od™">8<*"«'« Alphabetical List signed by him, of the several Medical men on the Eegister, with their places of abode, and Medical title. Fee, 40s., to be "paid by Governor's Warrant, 23 V„ S. 1, c. 17, s. 7. A copy of the Gazette shall be evidence of the registration of the per- Qazotte eridence sous named therein, 23 V., S. 1, c. 17, s. 8. If the name has not been published in the' Gazette,' a certified copy, if name not pub- nnder the hand of the Eegistrar, of the entry of the name of the person coSat^sfflcfent in the Register, shall be evidence thereof, 23 V., S. 1, c. 17, s. 9. Upon the death of any Practitioner upon the Eegister becoming to be struck out known to the Eegistrar, he shall draw a line through, and write " dead" on death opposite the name, 23 V., S. 1, c. 17, e. 10. Any person after registration obtaining a higher degree, or other Higher degrees to qaalification, shall be entitled to have the same inserted in the Eegister, Jfj,™""'''* '° "' in substitution for, or in addition to that previously registered. Fee 10s. to the Eegistrar, 23 V., S. 1, c. 17, s. 11. Every person registered under 23 V., c. 17, or the Imperial Act, 21 & Persons registered 23 v., c. 90 (the Medical Act), shall be entitled to practice in any part of "a" ma*ntE°a" the Island, and to demand and recover with full costs, reasonable charges tions for professional advice and visits, and the coats of any Medicine, or Me- dical or Surgical operations or appliances performed, given, paid or sap- plied by him to his patients, 23 v., S. 2, c. 1, s. 2. No person shall be enl^itled to recover any charge, unless he proves at Butndt otherwise the trial of any issue, or on the assessment of damages in any action by to recover any default, or after judgment by demuiTer, that he" is registered under the o""'*' Island or Imperial Act, 23 V., S. 2, c. 1, s. 3. 3l 466 MEDICAL^ PKACTlTIONEKS. Memcai Officer, Medical Officers of the ^rmj and Navy serving in the Colony on full . of tho army and „ov. ohall be deemed regiBtei^d unaer M v., S. l, c. 17 ; M v., h. «J, c. 1, navy on full pay r"*^ > o y • ■ Quaimed Modi- The words " legally q^aalifled Medical Practitioner," or " duly (jnalified pririr'AoTr'''"" Medical Practitioner." previous Acta law as a Medical Pn any words importing a flereon Teco|;nized by ioner or Member of the Medical Profession, when used in any Actnow3f''<'^5i"f<'™e' shall be conBtruedto mean a person rcKistered under thip- Act, 23 v., S. 1, c. 17, s. 14. Every person^^S'Stered shall be exempt, if he so desires, from serving lie Militia eJ^^P' '" * medical capacity, and on Juries and Inc^uests,. lorporate ai^ Parochial offices, 23 V., S. 1, c. 17, s. 15. No person'^'^^^' ^^ elected or appointed to any situation or office, pub hold mddicai »p: lin or naroob"*'' °* Coroner, Physician, Surgeon, Medical Officer or At RegiaterodPracti- ^ tloncra exempt • ^i" from aerving: on m tne juries or parochial or Corporate ai offiCBB Alone quali6ed to pointments- Or gi?e certifi- cates tendaut, False entries in register uc:uuauK u ^^ Physician, &c., to any Friendly or other Society for af- fording^'r*^"^' in sickness, infirmity or old age, or any Life Insurance P„„„an^, unless registered ; and the appointment of any person not so re- g°^^fshall be veil, 23 V.! S. 1, c. if, s. 16, . f ' ■vu Any person wilfully procuring or attempting to procure himself to be p,.*'JJ^Piatration registered under this Act, by making or producing, or causing or procuring iraudiSJF'y' ^'- to be made or produced any false or fraudulent representation or declara- tion, eitlier orally or in writing, or by any false or fraudaleut Diploma, License, Ceitificate or other Document, or wilfully and falsely personatmg any other person, and persons aiding and assisting in so doing : Misdemean- or, imprisonment in any Prison not a County Gaol, not exceeding 13 months, 23 V., S. 1, c. 17, s. 19. Every person guilty of the following offences, on conviction before 2 Justices, shall forfeit noli exceeding £20, or be committed • not exceeding 6 calendar months ; — 1. Wilfully and falsely pretending to be, or taking or using the name or title of Physician, Doctor of Medicine, Sm-geon, Licentiate, orany other name, title, addition or description, implying that he is re- gistered under either of the recited Acts, or that he is recognized as in the 3rd section of 23 V., S. 1, c. 17, as a Physician, &c., or in any other name, title or designation required by that Act. 2. Not behig registered under either of the recited Acts, demanding, taking or receiving any fee or reward from any other person for the performance of any service in anv of the said characters or capaci- ties, 23 v., S. 2,0. 1, s. 5. One moiety of the penalty to be paid to the informer or jiroseoutor, who shall be a competent witness in support of the prosecution, ^ v., a. 2, c. 1, s. 6. The Governor may appoint 5 Medical practitioners (willing to under- take the duty) to form a Board of Medical Examiners (3 a quorum,) for the examination of any person who makes application with a view of being re- gistered, who shall continue in office for 3 years, and no longer, unless re- appointed'; and the Governor may fill up vacancies, 23 v., S. 1, c. 1, S. 21. ■ ,';,. The Board shall elect a Chairman and Secretary, and make regulations^ as to the place and time of meetings, and for their guidance generally, anog for the direction of pei sons desiring to come before them for examinatioiva previous to registration, and may rescind or alter, and make new rules. * All such rules to be transmitted to the Governor and Privy Council, and when approved of by them, they shall be binding upon the Board and all other persons, 23 V., S. 1, c. 17 s. 22. The Executive Committee shall procure at the public expense when expfflMB* "'""' necessary, such books as they consider proper for registering the namesano other particulars of Medical Practitioners, and pay the Registrar for re- cording anyDiploma, License or Certificate, or other _dooument requii'ed to Assuming the name or title of a Melical Fractition- Taking any fee, &c. not being registered Appropriation of penalty Board of E?- aminers They may make rules i Books— Fees for MEOIOAIj PBACTlTiONEBS, be recorded ia the Registry Office, at Is. 6d. per 160 wordB, 23 V., S. 1, c. 17,8.23. Each Member of the Board who attends at any meeting for any Fees exammatiou, shall be entitled to be paid under the Governor's warrant 2 o", &c. guineas on each attendance : and the Secretary shall be paid in addition to tbe said suiB,ate of such l>i pioiua, ijiceiibb iiuu. Register ofMefll- cal Men, A, 8. S Remarks. I, A. B., residing in the parish of in the county of DeoUvition ot do hereby declare that I was duly registered according g°5''je°Sa'B°5*3' '° to law on the day of and that ' ' ' I am the person whose name appears on the register under the Act, • hitherto passed for the registration of duly qualified Medical Practi- tioners in this Island, and that 'I was practising Medicine and Sur- gery (or Medicine or Surgery) in this Island previofts to the passing of lie Medical Act, 1859. (Signed) A. B. Declared to before me, this day of in the year C.D.,j.p. I, A. B., residing in the parish of in the county of Doolarat i o n of do hereby declare that I am a member of pmon claiming to (here state the College, Facultv, or Society, and was authorized by ..^/m^Jm v^'g,^' such College, Faculty or Society) ou the day of in the o. 23, 1. 1 year 18 as appears by my Diploma (or License or other document) to practice Medicine and Surgery (or Medicine or Surgery), and that I was praotpitig Medicine and Surgery (or Medicine or Surgery) in the 466 / pariah of cal Act, 1859. MEROHANT SHIPPING. in this Island' previous to the passing of the Medi- Deolared before me, this day of in the year (Signed) . A. B. '" C.D.,j.p. Note — In the case of those who did not practice in this Island previous to the passing of the 4-ct, the words " and that I was not practising Medicine and Surgery, or Medicine or Surgery in the parish of in this Island previous to the passing of the Medical Act, 1859. Cert i fl c a t e o£ Board of Modioal EzaminerB, J>,.a.B This is to certify that of the parish of on application made by him to us, was on the day of .last (or instant) examined by us touching his qualificat'jon to practise " as a 'Medical Practitioner, and that at such examination, he satisfied us that he was a fit and proper person", and qualified to practise Medicine and Surgery (or Jledicine pr Surgery), and that he may be registered imder the authority of the Medical Act, 1859. , > To be signed by the Members of the Board, or any '2 of them, aud coun- tersigned by Secretary. To the Registrar under the Medical Act, 1859, Court! of Eugairy Notice plaint Inquiry Produo t i o n of Expenses Disobedience order! merchant Shipping". "When complaint is made by any owner or other person interested in, a British ship or her cargo, or by tbe consignee in th^s Island of sijtiji ship or cargo, "r by the master, male, or one-third of the crew to- the Govferuor that such ship h lost, abandoned or materially damaged on or near the coast of this Island, or such f.hip has caused loss or material damage to, or- suffered euch loss or damage from any oilier such ship on or near such, coast, or by reason of any casualty happening to or on Doard of any such ship, oil or near such coast, loss of life has ensued, or any such loss, damage, ' - abaudonment or casualty happened elsewhere, and the captain or mate of the ship alleged to be in fault is in this Island, the Governor may appoinb a Court of Enquiry, to consist of not less than 3 persons, nor more than- 5, one to be a Naval'OfBcer not under the ra,nli of Lieutenant, aud to be no- minated by the Commodore or Naval Officer of highest rank then in the Island aud on active service ; and such oflicer- so nominated, if ho be ap- pointed, shall be President, of the Court. The Court shall also comprise one master of a British merchant ship, and one mercliant. Tfo consignee or owner shall sit on any enquiry respecting the ship of which he is such consignee or owner, in whole or in part, S7 "V., S. 1, c. 18, s. 1. The Court or President shall give reasonable notice to the persons complained against, of the time and place of holding such Court, aud at snch time and place, proceed to enquire into tbe allegations of such com- plaint, and if necessary, may from time to time adjourn snch enquuy as to the Court may seem fit ; and after full enquiry, shall make a report to the Governor, for his confirmation or disapproval, 27 V., S. l,c. 18, s. 2. The Court may, by summons under the hand of the President, require the attendance of all persons it thinks fit to examine for the purpose ofsuch enquiry and report, and administer oaths to witnesses ; and instead of admi- nistering an oath, require any witness to make and subscribe a declaration of the truth of the statements made in his examination, '27 V., S. 1, c. 18, s. 3. The Court may also require and enforce the production of all books, papers or documents it may consider important for its purposes, 27 "V., S. 1, c. 18, s. 4. The expenses of witnesses summoned Jfor and attending at any such Court of Enquiry, and also £2 per diem during the sitting of the Court to each member, shall be paid by the Eeceiver.General, under an order from ; the President, on the warrant of the Governor, out of thefoods raised by ' Tonnage Duties upon shipping. 'Witnesses' .expenses shall be calculated,! according to the scale authorized by the Supreme Court, 27 V., S. 1, c' 18. a. 5. ■Wilful disobedience or neglect of any lawful order of the Court of En- quiry, or ita President, shall subject the oifender to a penalty of. not more tbBii £5, nor less than £1, 27 V.j S. 1( o. 18, s. 6. , # METALS, OLI>. All penalties shall be recoverable before -2 Justices of the Parish in which the contumacy occurred, or the penalties accrued, and shall be paid over to the Receiver-General to the credit of the Tonnage Dues Account, 27 v., S. 1, c. 18, s. 7. Any -wilfully false and material oath or declaration shall subject the witness to the penalties of perjury, 27 V., S. 1, c. 18, s. 8. 469 Discovciy of pe- nalties False Bwearinff « Metals, Old. No person, under a penalty not exceeding £30, shall deal in the pur- Doaiora to bo li- chase and sale, or barter and exchange of any manufaMured Iron, Copper, «>■"«* Lead, Brass or other Metallic substance, which may have been already in nse, without having been first licensed by the Justices of the parish, 19 V., c. 33, s. 1. Such License shall be granted, upon the application, in writing, of the Annual lUcnie person reqniring it by the Justices in Special Session, upon their approval of the person, who shall pay therefor to the Collector or District Collector, Tax to be remitted to the Receiver General within 14 days after receipt, £12, and which, unless forfeited, shall continue in force fori year, or until 5th April ot the next year, 19 V., c. 3d, s. 2. At the Special Sessions for granting Spirit Licenses, the applications for Licenses to deal in such Metals or other Metallic substances shall be al^o dispo. edof, and from time to time as may be retjuired, the Custos or Senior Magistrate shall convene a Special Sessions to dispose of applications, 19 V. , c. 32, s. 3. . "Within 10, days after appi-oval of the applicant, the License shall he taken '.mr of tli« Clerk of the Peace's Office, or in default, the applicant's right to take out the same, or any other License during the current year, shallbe forfeited. Clerk of the Peace's fee for same, and all Duties oon- ne.-f«d therewiih, 53. A list of Licenses shall be publicly exhibited in a couspienous place in his office by each Clerk of the Peace at the time each Liieise is gi-anted, and a list of every person licensed, within 10 days after its i»-tie, forwarded to the Receiver-General, 19 V., c. 32, s. 4. The Collector's receipt for the License Tax of £12 , shall be lodged with the Clerk of the Peace before the issue of a License, 19 V., c. 32, s. 5. * No person shall in any way deal in- or trade or traffic, with reference to any Metal, &e., except between 7, a. m. and 6, p. m. of every day of the week other than Sunday, nor otherwise than in his usual place of business , 19 v., c. 32, s. 6. Evei-y person selling, bartering or exchanging, or in any way dispos- ing of %ny Metal or Metallic substance, shall give therewith a bill of par- cels, describing his name, residence, description and title to, and the weight and description, price or consideration, use to which it had been heretofore applied, and the place or person from which or whom it had been obtainetJ or severed. No dealer shall take or receive any Metal, &c., without such bill of parcels, which he must keep and produce, on the order of a Justice, or when otherwise called upon in due course of law, 19 V., c. 32, s. 7. Every Dealer shall keep a book wherein to enter daily at the time, in separate columns, the particulars as above of each purchase, which facts shall be vouched for by the declaration (Form SchedrQe) of the person claim- ■ing title to dispose of the same before a Justice, and ahall be numbered and filed for reference by the dealer receiving same, and referred to by its number in the hook opposite to its entry. A false declaration shall involve the persons making or procuring same to the penalties of periury or subor- nation ; and notwithstanding the fonn prescribed by 6 V., c. 24 (see oaths), may not be followed, the declaration professed to be taken hereunder shallbeheldto.betakenhy virtue ofthatAct,19"V., 0.32,8.8. Notwithstanding the production of the declaration, it shall be the duty of any Dealer to detain articles offered for sale-or otherwise, under circum- stances raising or warranting a suspicion that they have been improperly obtained, and to deliver them to a Justice or policeman, in order that the party may establish his claim, or be proceeded against for his wrongtui •possession, 19 v., c. 32, s. 9. , „ , , ^.^ ,, , , Opposite to each entry inthe book, there shall be left a blank column or space, in which shall be entered immediately as it takes place, the dis- posal of each particular article, 19 V,, c. 32, s. 10. Special SesBions When to be taken out C lork of tbe Peace's fee Lists of licenBes lEecelpt for jioonsa tax to bo lodged Bills of parcels Detention of arti clos 9fiored for sale Entry of disposal 4T0 METALS, OLD, •• lobtoMBtotaroeo- ^^^"^ ^^"^ *^" "'^ ''^P' '" "'^ dealer's shop, open to the inspection of tion any Justice or policeman, under the order of a Justice ; and the.dealer shall, whenever required, exhibit his book, and the Metals in his possession, to" the inspection of the Justice or policeman prodncing such cider, and they may be accompanied by any person req uired to identify any articles sup- posed to be in the dealer's pbssession, 19 V., c. 32, s. 11. Sign Board Every dealer shall, withju one week after being licensed, put up ex- Sosed to public view, a board in the front of his house or shop, over the oor towards the public street, lane or road, with his name in full, and the words " Licensed to deal in Metals," in white letters, of not less than 2 inches in iize, en a black ground, 19, V., c. 32, s. 12, Fanaltiet on deal- Every person purchasing or selling, or barteting or exchanging, or •ri, *c. otherwise dealing in any Metallic substance, convicted of any default in, or neglect, violation or breach of any of the provisions of this Act, shall be liable to a penalty not exceeding £30, to be levied on his goods, and in de- fault of payment to be imprisoned wither without hard laLor, not exceeding 3 calendar months, which imprisonment may be awarded in the warrant of distress or by a separate commitment, and put in force in default of full sa- tisfaction by means of a levy, or until tbe nne or balance is paid ; and the dealer's License shall be forfeited, and the party convicted, whether li- on ci«rk« of the censed or not, incapable of being after licensed Clerks' of the Peace lia- p.ac« and Collector |,jg ^g penalties for default, &c., not exceeding £5 ; Collectors of Taxes not exceeding £20, to be levied, in default of payment, by warrant of dis- tress. Such penalties shall inure, one moiety to the use of the parish, and the other to the informer, who shall be competent to give evidence, 19 V., c. 32, s. 13. Declaration!, &0 Prior to the shipment of any Metals, &c., from one port to another, or on ihipmenti fyom tjjg Island, the shipper, if a dealer in Metals, shall produce at the Custom House at or nearest the place of shipment, his License, and the bill of parcels, book of entry and declaration, and lodge at thie Custom House copies thereof. If the shipper be in possession of an Estatb or Plantation, or other place wherefrom the Metal, &c., was severed or taken, he shall lodge a declaration, taken before a Justice, that he is in pos- session or charge of the Estate, &c., (Form Schedule C.) If the shipper* ' purchased from the person in possession of the Estate, he shall- obtain from him the declaration required, with the following words added thereto : " And that the said articles of Metal were by me sold to C. D. of the parish of on the day of 18 ." And the shipper shall declare on the back thereof, that the articles of Metal therein mentioned are the same which have been entered for shipment by him, which declaration so endorsed he shaU lodge at the Custom House previous to clearance. Making or procur- ing a false declaration to such effect shall be punishable as perjury or subor- nation, notwithstanding the form of declaration may not be the form pre- scribed by 6 v., c. 24 (see oaths), 19 V., c. 32, e. 14. TorgerJ' tntrici, &o t Forgery of, or causing to be forged or ooimterfeited, any bill of par- cels, book, declaration or certificate, or wilfully giving or causing, &c., any false bill of parcels, or keeping or causing, &c., any false book, or making, &c., any false statement or entry in, or copy or extract of or from any bin of parcels or book, or withholding, &c., any entries from, or wil- fully altering or falsifying, &c., any bill of parcels, book, copy or extract from, or entry in any particular or respect, the person, his aiders and abettors, msy be indicted for a Misdemeanor, and imprisoned in the General Penitentiary with hard labor, not exceeding one year, or in the discretion of two Justices before whom he is brought, he may be proceeded against as for a violation of the provisions of this Act, and be punishable as herein provided, 19 V., c. 32, s. 15. To what Afit la This Act shall not apply to the purchase or barter of Quicksilver, or to inapplicable Metals in ore or unsmelted, nor to sales or purchases at public Auction, nor sales or purchases effected of estate's Machinery, and old or other Metals by or from tne Proprietors thereof, or their Agents lawfully empowered, except in respect to any shipment of any Metal or Metallic substances as herein pro- vided, 19 v., 0. 32, B. 16. Short llti. Sale and Barter of Metals' Act, 1856, 19 V., c, 32, s. 17. Jamaica, ss. MILITARY DEFENCES. SCHEDULE. At a Special Sessions of the Peace in and for the Parish or Precinct °l 0° *e day of A. B., °* ^ , ,. , V'V^g ?«en approved ofas a fit and proper person to be licensed to deal in old Metals and Metallic substances, the said A. Ji., is hereby licensed to deal in the purchase and sale barter and exchange of old Metal and Metallic substances, under the 19 Victoria, chapter 32, in the (Shop) situate at No. in the said Parish from the date hereof, up to and until the 5th day of Anril in the year 18 . •' ' Dated C. P., Clerk of the Peace. 471 Jamaica, ss. Parish ■ . I A. B., of do declare that an (old brass cock) measuring in length (describing the article specifically and fully), and weig 18 ^ and has been by me ever since used as (state use to wlii. applied, and place where used, or how and where kept since the piir s-eighmg ■ ounces avordupois, is my property, arid was )y me purchased or imported when new (or otherwise according to ;he fact) from of, &o., on or about the chase, &c. A. B. Taken and declared under the Act of the 19th Victoria, chapter 32, be- ing The Sale and Barter of Metals' Act, 1856, at, &c. C. D., f. p. Dednration, 9. 8 Jamaica, ss. Parish I A. B., &c., of &c., do declare that I am in possession of, or in charge of (state estate, &o., from which Metal taken), and that the articles of Metal (describing them specifically) measuring and weighing (giving measurement and weight fully aud particularly) were taken from the said (Estate, &c.,) and were by me for state any other per- son according to the fact) imported or purchased in this Island from &c., at, &c., (state place whence, and person from whom imported, or purchased) , and has been by me ever since used as (state use to which applied, and place where used, or how and where kept since the purchase, &c.) ' A. B. Taken and declared under the Act, 19th Victoria, chapter 32, being The Sale and Barter of Metals Act, 1856, at C. D.,j.p. Declaration ahipment, i. M military Defences- No foreigner or other person than natural born subjects shall, without viattlns fortuoa- specLil leave of the Governor, under his hand and seal, enter any of *'"'" H. M's. fortificatiouB, 12 G. 1, o. 11, s. 3. Lands set apart from the Crown Reserves and Estates, and placed VoBtins of miiita- underthe charge of the Oflicers of the Ordnance or the Governor, for 'f'""" Military Defence, or purchased by or in trust for H. M., or Her Eoyal Prede- cessors, or used or occupied for the use of the Ordnance, or for Military Defence, or to be hereafter purchased for those services, vested in the Principal Officers of H. Jl's. Ordnance, 6 V., c. 34. Transferred from the Ordnance Olficej'S to the Secretaiy for War, in secretary (or with authority to empower any Oflicer of the Ordnance, or any other Civil ^" Department of the Ajmy in this Island, to act for him, 19 V., c. 44, c. 45, 472 Forts at Port Royal, &e. MILITARY DEFENCES. The Ports and Fortifications of Port Eoyal, Apostles Battery, Port Augusta, Port Clarence, Boek Port, and Port Nugent, vested in •the Seol-e* '■": tary for War, and £600 ^er annum to_tie^j)aid to the Erincipal Commiesa-''' riat Officer, out of the £/50 per anniim^ appropriated by 17 v., c. 29, to the pay of the Officers of Port Charle^and towards the repairs of that Port, 26 v., S. 2., c. 2. "" 6 G. 2, c. 10, s. 5, 6, 9. 10 G. 2, c. 6. 22 a. 2, c. 19. 12 G. 3, c. 12. 23 G. 3, c. 9. 32 G. 3, c. 25. 3! G. 3, C.20. 42 G. 3, c. 27. 47 G. 3. c, 23. 36 G. 3, c. 33, s. 3. 32 G. 3, c. 31. 35 G. 3, c. 42. 38 G. 3, >;. 20. 40 G. 3, c. 35. 40 G. 3, c. 36. 44 G. 3, c. 25. 46 G. 3, c. 24. 47 G. 3, c. 17. Directed the Building of Barracks in Westmore; , land, St. Elizabeth, and on the borders of Clareiv, . don and St. Ann ; also at EiO Bue"no, betwe^ ■;'• St. James and St. Ann. Authorized the erection of a Guard-House and Barrack in Kingston. • . Authorized tiie sale of land purchased for a Bar- rack, and the purchase of other land for erecting - Barracks in St. Dorothy " ■ "^ Authorized the sale of Barracks in St. Mary, and the purchase of land in St. Thomas Vale for a Barrack. Authorized the enlargement of the Barracks and Barrack Yard St. Jago de la Vega. Transferred the • repaii's of Barracks from the parishes to the public. Authorized the purchase of land in the interior and elsewhere for Barracks. Recites the erection of an additional Barrack at Stony Hill, and directs the sale of the old Barrack and 2 acres of land. Sewer from the Barrack Yard, Spanish Town, to the Eio Cobre. 300 Acres at the least were directed to be reserved,' for the use of H. M's. Troops out of the forfeited Trelawney Town Maroon Lands. 400 acres were transferred to the Executive Committee, under 25 v., c. 4. Montego Bay Port, St. James, placed on the Island Establishment. Ports at Falmouth, Port Moraiit, Port Haldane, St. Mary, placed on the Island Establishment. Port at Annotto Bay, St. George, placed on the Island Establishment. Port Clarence (formerly Port Small), St. Catherine, placed on the Isliind' Establishment. Port Dundas, Eio Bueno, placed on the Island, Establishment. Exchange of the lands of Port Balcarres, Pal- mouth, for lands at Palmeto Point, whereon to erect a new Port, to be placed on the Island EstabUshment. Purchase of Castile Port, and 118 acres of land for a Port on the Island Establishment under the name of " Port Nugent.'' Ports on the Island Establishment to be placed in charge of an Officer, Non-Commissioned Officer, or Private of Artillery or White Porces. Officers commanding Ports not to permit vessels to sail until cevtiiicates have been lodged with them oi the payment of fees and duties. Their fee, 6s. 8d. . (-is stg") on each ship, s. 4 ; repealed' as to drogh- ers, f v., c. 41. MILITIA. 478 48 G. 3, c. 93. Purchase of land at Windsor Point, near the Port of St. Ann, for the erection of Port Coote, to be placed on the Island Establishment. 57 G. 3, c. 23. The Ports and Magazines at Lncea, Montego Bay Palmonth, Port Haldane, Port Augusta and Fort Antonio, placed under the command of Captains — their salaries, fees and perquisites. Militia. The Kegiments of Foot Militia shall consist of the following number of ^<"" Mimi» Bank and Pile . — Kingston, 400, and 2 Companies of Artillery of 20 men each. Port-Royal, 100. St. Thomas in the East and St. David, 250. St. Andrew, loO, and 1 Company of Ai'tillery of 16 men. Portland, 100. St. George, 100. Metcalfe, 150. St. EUzabeth, 250. Westmoreland, 250, and 1 Company of Artillery of 20 men. Hanover, 250. St. James, 300, and 1 Company of Artillery of 30 men. Trelawny, 300, and 1 Company of Artillery of 30 men. The Western Interior, 100. St. Catherine, 200, and 1 Company of Artillery of 20 men. St. John and St. Dorothy, 150. St. Thomas in the Vale, 150. Clarendon, 200. Vere, 100. Manchester, 150. St. Ann's Eastern, 200. St. Ann's Western, 200, and 1 Company of Artillery of 20 men. St. Mary, 200. 9 V., c. 35, s. 3. A Regiment of Cavalry shall be organized in each of the Counties of CMsiry Surry, Middlesex and Cornwall, to be composed as follows : Surry, Middlesex, Cornwall, Kingston, 2 Troops of 25 es leh Privates. St. Thomas in the East Blue Mountain 20 Port-Morant 20 Manchioneal 20 St. David, one Troop .... 15 Portland, one Troop 15 St. George, one Troop .... 15 Metcalfe, one Troop .... 20 St. Andrew, one Troop .... 20 St. Catherine, one Troop 30 St. Thomas in the Vale, one Troop 20 St Mary, one Troop 20 St. Ann's, Eastern 20 Ditto, Western 28 Manchester, one Troop 20 Clarendon, one Troop 20 Vere, one Troop 20 St. John, one Troop St. Dorothy, one Troop 20 20 Trelawny, Leeward Ditto, Windward 30 20 St. John's, one Troop 30 Hanover, one Troop^ Westmoreland, one Troop 20 30 St. Elizabeth, one Troop 30 ?^ lufanli-y Officers 474 mhiTU. .1 covah7 oiscoi! To each Regiment ^here aliallb^)! Cojonel, 2 -Lieutenant-Colonels, 2 Ma- ,' jors, 1 Adjutant, 1 Quarter-Master, and 1 Surgeon., For each Troop, 1 Captain, 2 Lieutenants, 1 Cornet, and 1 Surgeon.,..' Every Colonel or Commanding Officer recommending to a commision, un- less there is a vacancy in the nnmbef <6o limited, shall suifer a fine not ex- ceeding £60. Not to impeach the rank of, or exemiri. from dnty any Officer already appointed, 9 V. , c. 35, s. 4. The Officers of each Eegimenfshall not exceed 1 Colonel, 1 Lieutenant- Colonel, 1 Maior, 1 Adjutant, 1 Quartermaster, except the Kingston' Eegi- ment, which shall not exceed ] Colonel, 2 Lieutei .ant-Colonels, 2 Majqrs-; 1 Adjutant, and 1 Qnartermaster. Tor every gO men composing any Companyt„j of a Eegiment, 1 Captain",»2 Lieutenants, 1 Ensign ; apd for every Company of Artillery, 1 Captain and 2 Lieiitenants, for every' Eegiment, 1 Deputy- Judge Advocate, 1 Chaplain (Che JReotor or Curate of the parish,), 1 Surgebn and 2 Assistant-Surgeons.; and the Governor may grant commissions, or malte promotions under his haiid and seal as vacancies occur, and are signi- fied by the General, of the district, oi- in his absence, by the Senior Officer of Propoviy quniifl- the Eegiment. No first commission shall be granted to any Officer, 'unless he SsSn""^ '" ''°°'" V^^^ '" ^^^ hands, "f the Colonel or Commanding Officer, a dclaration,.ou honor, of his being possessed of landed property of the real value of £500, or an annual income of £100, 9 V., c. 35, s. 5. • . Eiistins Ooirnnu- The repeal of prervious Acts shall not afiect any Commission already Bions granted, 9 v., c. 35, s. 2. . _ . The senior Officers of each rank in each Regiment shaU perform the duties to be perfoi-med by Officers of such rank j an.d'no lie-w Cominission shall be granted in any Eegiment, until every . supernumerary Officer in such Eegiment has been placed on active duty, 9 v., c. 35, s." 6. Every male from 21 to 45, rot exempted by la-wi shall be liable to per.i form Militia duty ; and any person possessed of a Horse, of the value of not less tlian £20, shall be quahfied to serve in the Horse Militia, aaV.jO. 43, s. 1. As to retirement ot Officers above 55, 9 V., c. 35, s. 56. Exemptions. ' The Members of the Council, Speaker of the Assensbly, Chief Justice, and other Judges of the superior Courts, Receiver-Genenil and Cleiks in his office, Island Secretary and his Deputy, Eegistrar in Chancery, Clerk SupcmumeraryOffi- cers FoTBons lialjle to perform Militia du. ty ; Horse KxemptionB of the Court and Crown, Provost Marsiiaf and his Deputies, Officers of the Customs, of the Piisons, Coroners, Postmaster General and his Deputies, persons in Port Iloyal permanently employed in the Dock Yard or Victual- ling Establishment and Naval Hi'spita1,'such employment to be proved by Certificate of the senior Naval Oflicer, the Insjjector General, Inspectors r and Police Force, Special Constables on Railways, on Certificate on honor ' of the Director or Manager, Ministers of Religion,' and persons duly qua- lified, actually and habitually employed iu piloting and navigaitng Ves- sels, persons residing in or coming to this Island, "who have held com- eommu°?onstaall missions under the Sign Manual, or signed bv the Lor,d High Admiral United Kinsdom or Or Commissioners of the Admiralty, or of the Savy Board, or Lord Lieu- BepBndencios tenant of Couuties, or Governors or Lieutenant Governors in the Island and other Dependencies of the Empire as Officers, shall receive rank, of junior Officers of their grade, and do duty under their former Regimental rank, on producing, where the Commission has not contcrred rank in the regular Military or Naval Service, certificates from the Commanding Of- ficers of having done duty for at least 6 mouths, and that Ihey have not been degraded by sentence of a Court Manial, or from misconduct been obliged to retire. Medical and Surgical Practitioners legally qualified (see Mediooi irndSur 23 V., c. 17, s. 15, and all Members of Assembly and Justices) shall be '''Mjmbe'ra°''of"Ar- exempt from doing duty in the ranks, 9 V., o. 35, s. 7. semWy and Justices Immigrants exempt for 3 years next after their arrival, except iu immisrnnts ^^^ g( MartlalLaw, 9 v., c. 35, s. 115. , n,t„rn« *^" ^'"'^ -'^P"^ '"^ '=^<'''' year, all nersons liable to pei-foim MiUtia bvpOToMUiwe" fluty, shall give into the Clerk of the Common Conncil.or Vestry of the Militia duty Parish in which they reside, a Return, Forms A and B. Penalty, £2, for each omission, or for making a false return, 22 V., c. i:!, s. 2. mIlitia. 475 ,■* ''il The Clerk of- the Coihmoii Council or "Vestry sUall keep a book to RoBiatisra to be Misgister tile names aud (iHaliliciitioas of all persons liable .and qualified, vestiioB. fflna 'keeping; distinct registera of the names and qualifications of those qualilied pvoaucoi nt muot- to serve in the Horse and Foot, setting forth their nature, aud shall attend >n6» to Fallot and«produce the register at meetings to ballot for men; Penalty, £10, 2iV;, 0.43, s. 3. Eegistel' books shall be provided- by the Receiver-General, on the di- Toiieproviaoa by , rectionof the Governor in Executive Cpmmittee, 22 V., c. 43, s. 4. Koceivsr Genomi Whenever it appears necessary to the Captain General that aballot BaUot by aiiection should take place for the embodiment of the Militia, for the service or pur- ipSile°sS,n"°f?J poses prescnbed by 9 V., c. 35, the Gustos shall convene a Special Session ■>^of the Peace, to assemble at a convenient time aud place, at which 3 Justices shall be a quorum. They shall cause the number of men required to form the quota x)f the Regiment to be chosen by ballot out of the registers. After Lists the ballot has been taken, such Justices shall make up and sign a list of the names of the persons chosen, (Form C, 9 V., o. 35), to be kept in the office of 't-rtH Clef k of the Vestry or Common Council ; the persons ballotted for or ea- f ^}ed sh%U be deemed Privates of the Foot or Troop and liable to perform Militia ':: ^ty according as they have been respectively assigned when required by or- der of the Captain General, until their period of service expires ; and in case Ponmty of refusal or omission to attend when called upon for Militia duty : penalty, Jta, 22 v., c. 43, s. 5. Before proceeding to such ballot, the quoruni of Justices shall strike off inonpaoitaied per the names of personslcnowu to them, or satisfactorily shewn at the time to Jfftef're ballot""* be incapacitated by bodily .infirmity, 22 V., c. 43, s. 6. Any person' balloted and enrolled claiming temporary or permanent re ^R^iefsby boards lief shall produce his ctaim before a Boardof Officers (5 where relief is sought "saporeedes, 9 v., from duty in the Foot, 3 where in the Horse) selected by the Officer Com- "■ 36, s. it mending- the Regiment.or Troop, who may be of the number, aud, if so, the President. The presiding officer shall report to the Custos the names of all jo bo reportod to persons relieved permanently or temporarily, and he shall convene a Special Custoa Sessions, to fill up, by the ballot, the vacancies declared by the Board of Offl- ^'"■"•« ""il'"" cers, and so toties quoties, as the numes become reduced by at least 10 in- mumber ; and the Clerk of the Vestry or Common Council shall remove from Names of dead from time to time known to him to have persona to be remoT- ed n'om Iteslster the Register the names of persons died, 22 V., c. 43, s. 7. The Board shall summon, by 2 days previons notice in writing, any com- Medical oiBcer to petent "Physician or Siu'geon, being a Military Medical Officer residing at or te„d'bo"?d°to'°e"" nearest the place where any Board assemble, to attend the meeting, who, be- amino appuean t a fore he begins his examination, of the party claiming exemption, shall make '°i)jJ5'j/,ji„n the following declaration, to be admimsteredby the President : — I do solemnly declare, tliat I will, to the best of my ability, faithfully and truly report as to the fitness for service of fhe man 6v men about to be submitted to my examination, and that I will not receive from any of them any fee or reward what- soever for such examination. The Physician or Surgeon shall he boimd to attend, under the like pe- f™»"!' '■» '""' nalties as are inflicted on Officers for non-attendance at Court Martial, to be "-"ondanco recovered in a summary manner, 9 V., c. 35, s. 18. When the Militia is called out for duty, the Colonel or Commanding J^°"S°J??l'i„*J' Officer of each Regiment or Troop may call upon the Custos to restore by ' ■ballot its effective strength, by not less than 10 at one time, if reduced by death or permanent removal from the list or otherwise to such extent from its lawful quota, 22 V., c. 43, s. 8. Every person chosen to serve shall, under penalty of £2, for every day's Person, fomdfluo .neglect or omission to appear at the time and place appointed for examma- forsyeavs j super- ■ Hion, and if on examination, found able and fit for service, shall be enrolled sedesis V;, csr/t. in a roll to be then and there prepared, to sei-ve for 5 years in the Company ^ or Troop he is appointed to, and take the oath following, which any Justice present may administer : — I, A. B., do solemnly promise and swear that I will be faithful, and bear true allegiance to Her Majestj Queen Vicloria, and that I •will faithfully serve in the Militia within this Island for the defence of the same during the time of 5 years for which lam enrolled, unless 1 shall be sooner discharged, 23 V., c. 43, s. 9. 476 Volunteers Supersedes :3 V , c. 31, 8. 6 Arms, Dress and Accoutrements to be as Captain Gene- ral directs Issue to Colonels, by order of Com- manderln 'Chief on representation through General of district Colonel's liability Colonel's annual returns of strength of Regiment and Arms and Accoutre- ments Also on retiring from command or leaving island Keturns by Cap- tains, &c., of Arms and Accoutremenis for which they are accountable Purchasers ftom public Arsenal to make good deflcien- 9ieB RecoTory of ijen- lilties lor de&cicn- elM Application MILITIA. If auy pei'sou clioBeii tu serve produces before tie Jasticeu at the bsiUot for his substitute, a man of the same parish or district, able -and fit tor service, and approved of by them, he shall be enrolled in the Hegiment or Troop for which his principal was chosen tor 5 years ; and the princi- pal shall be exemjjt from service for the period, and as if he himself'had served. The substitute shall take the following oath, to be administered by auy Justice present : — i. •■ I, A. B., do sincerely promise and swear that I will bte fkithful, and bear true allegiance to Her Majesty Queen Vioforia ; and that I will faithfully serve in the Militia within this Jslandj ^or the defence of the same during the time of five years, or for such,. further time as the Militia shall remain embodied, .unless I shall be sooner dis- , charged, 22 V., c. 43, s. 10. • , , Where the ballot does not furnish the number of men required. Vo- lunteers may be enlisted by the Colonel or Commanding Officer, on being approved of by a Court of Enc[uiry appointed by Mm, as to character and competency, 22 V., c. 43, s. 11. . The aiTus, dress and accoutrements of the Officers and men of the Foot and Horse, shall be such as the Captain-General directs, subject to H. M's. pleasure, 22 V., c. 43, s. 17. Xo arms or accoutrements shall issue from the public Arsenal to any Colonel fpr distribution amongst his Kegimentj except by a special order of the Commander-in-Chief, on a representation m writing through the Gene- ral of the district by the Colonel. Every Colonel shall be charged b^ the Island Storekeeper, in a book to be kept for the purpose, with those issued for the use ot his Regiment, until he discharges himself, by rendering a satisfactory accoimt of their distribution or disposal, 9 V., c. 35, s.23. Every Colonel shall once a year, in October or oftener, if required 'by the Commander-iu-Chief, under penalty of £60, to make his return to the » General of the district, for trausmission to the Adjutant-General, of the actual strength of their Kegiments, the number and condition of arms and accoutrements in use of his Regiment, and the number and disposal of all re- ceived by him, and the reason of any deficiency for which he is accountable ; and on retiring from the command or leaving the Island, under a like penalty of £60, shall make the like full return of the actual si rength ot his Regi- ment, and an account of the arms and accoutrements for whiph. he is ac- countable as before, within 3 months after retirement, or 21 days previous to goingoff, 9V., c. 35,8. 24. Every Captain or Commanding Officer of every Company of Infautiy, or Artillery or Troop of Horse, shall, under penalty of £10, within 10 days after every muster, or 10 days previous to going off the Island, or 10 days after his retiring, promotion or removal from one Company or Troop to another, render to the Colonel , according to the manner and form appointed and prescribed by the Commander-in-Chief, an accountof all the arms and accoutrements in use of his Company or Troop, and of all i^eceived'by him and distributed, and the cause of the deficiency, if any, in the number for which he is accountable, 9 V., c, 35, s. y5. ■ ■ Any Colonel, with the authority of the Commander in Chief, Captain, &c., or non-Commisioned Officer, or Private, with a certificate from the Colonel, may purchase fi'om the public Arsenal any. number of arms and ac coutrements to mal^p good what he is accountable for, by paving into the Ee- ceiver-General's Office £2 14s. for each set of arms and accoutrements of the i^oot, and £4 10s. for the Horse, and upon producing the Receiver- General's receipt, shall receiye the same out of the public Arsenal, 9 V , c. 35, ^■^^- . . . .* . .. ' The penalties before imppsed shall be recovered against Colonels, by warrant, under the hand and seal of the Qeneral commanding the Distriflj, against Captains, &c., by the Colonel's warrant, against non-commissioneti Officers or Privates, by warrant of the Officer coi^manding the Coiipany, or Troop, or of the Officer accountable for the deficiency for which the fine is incui'red, #uch fines incurred by non-Commissioned Officers and Privates for the_ deficiencies of arms in the Foot to be received by the Captain, &c., and paid to the Colonel , and by him applied to the purpose of replacing the arms deficient in the different Companies, and the fines on non-Commis- sioued Officers and Privates of Horse, shall be collected by the Captains, fcc, and applied in like manner, 9 V., c. 35, s. 27. iVULlTlA. 477 >.Ai'ms, aovoulvemeute, ball cartridges, paper and 'fliuts, nipples and Aruis so, to bu caps, shall be furuished out of the public Stores, upon application in writ- S^'Ttofoa " in^.by the Colonels to the General of the District, and sabjeot to the approval of the Commander in Chief. In case of tlie death of any per- Penally on peiaoaa son who has received arms, the pioperty of the public, the person into Afm'2°,Jf jho°°„|jii/ whose .possession they come shall deliver them over forthwith to the Oifi- reo?iv°>i by Seceu' cer commandiiig the Company of the district in which the deceased resided. ;« persons ana not ffepalty, £10, to be lecov^ed by wai-raut, under hand and seal of the Co- ^^Uveredup lonel, 9 v., c. 35, s. 28. Embezzling, selling, losing, by caielessness, or designedly or negligently uae^\oi{ne^' IS' wasting, spoihng, injuring or using, tor any other purposes than those of Arms, Ammunition, Military duty, any arms, ammunition, accoutrements, clothing or other arti- *° elea with which any Regiment or part is furnished : penalty not exceed- ing £10, or 30 days' imprisonment, by warrant under hand. and seal of the proseqmiou for Colonel or Commanding Officer, besides being liable in case of embezzle- ombozaiement ment to be prosecuted at law, 9 V., c. 35, s. 29. Knowingly and wilfully buying, taking in exchange, concealing or Buying, c o u otherwise receiving any Militia arms or accoutrements, or any public stores- »™i'ne. ^o- "'ms or ammunition delivered., for the Militia on any,;pretence ; penalty on oonvic- 5ke. ''°°°" '»""'>' '. tion. before a Justice, £3, and if not immediately jiaid, or there are no cient goods whereon to lev sooner paid, 9 V., c. 35; s..3i cient goods whereon to levy, commitment for 15 davs, or uutil the fine is 10. be subject to the ordersv and -regulations of the Captain General for their General's orders'ror safe-keeping in good order, and delivery, to such Officer or other person as 5»fo keeping ana he may appoint to receive them, 22 V., c. 43,, s. 18. '" '^'"'""y Any person abusing or embezzling, wasting, spoiling or injuring any Abusing, ombez- arms ammunition, or accoutrements issued for the Militia, and any Officer not fSS, "E"'"^' nS . making returns of them when required by the Governor, shall be liable to making returns, the penalties ikposed by 9 V., c: 35, 22 V., c. 43, s. 19. ^uui^shabieunaor 9 The offences in 9 V., c. 35, s. 29, 30, shall be offences under this Act, „ ^f """SJo", V^i' and may be proceeded against as Misdemeanors, without prejudice, and in aWaisoas misde- addition to the penalties thereby imposed, 22 V.,o. 43, s. 20. moanors The Governor, with the advice and consent of the Privy Council, may ariu°mi"M°a"eMr- direct the enbodiment of the Militia or any part thereof, and call out the ciso by Governor same for drill and exercise, at such times, places and manner as he may ap- "'"' ^'"y Council point, 28 v., c. 38, s. 76. Militia Regiments or Companies and Troops, shall be drilled and ex- Musters forariii ei'oised when embodied at such times and places in their parishes as the Captain General may appoint,-not exceeding once in each month, except in cases of great emergency, 22 V., c. 43, s. 12. No Colonel or Captain, &c., of a Troop shall beliable to any suit civil Muster Ground, or criminal, for appointing any place of muster, provided it bo not in any cultivated ground, common pasture excepted, 9 V., o. 35, s. 35. The Colonel of the Kingston Regiment may order any musters on the Muster Ground Race Course ; and the .Colonel of the- Port-Royal Regiment may hold its Syli K?gim^nt^°" musters for iu8pection,on the Race Course, subject to the power of the Com- mauder-in-Chief for regulating masters, 9 V., c. 35, s. 114. Notices of the time and places of exercise Shall , b v order of the Colonel, ''°"°'" "' »'""" be made public by insertion m the ' Gazette,' and \>y affixing one copy on the door of the Court-House, or such other placesjfe he shall appoint, which shall be sufficient notice to;evei'y person belonjfing to the Regiment, and ' Who shall duly attend accordingly, 9 V. c. 35, s. 36. The Captain &c., shall select and appoint such men of his Company as are ^ o^^^SiSSiMiono"/ approved' of by the Colonel, to serve as Sergeants and Corporals, as to him officers Sail seem most competent, 9 V., c. 35, s. 37. *^ The Colbnel shall form the flank companies, and regulate the Artillery Finnic Artiuery anrf^ther companies as to him shall seem best, 9 V., c. 35, s. 38. ^^, '"^"■^ """P"- When any Militia-man after enrolment becomes unfit for service, the Disobargo of Colonel may discharge him on the certificate of a Medical Board, 9 V,, c. 35, ,YSS™f Me"diMi S. 39. Board Upon the death of a private, or his appointment to be a Sergeant, Cor- Vacancies to be poral, or other non-Commissioned Officer, or discharge, the Colonel shall §Xt "P " ""' cause the vacancy to be filled up at the first ballot after, 9 V, c. 35, e. 40. 478 Abaouco from mufltor by commis- Hioned officers Subaeguent senco Botuiiis by Com mandiug Offlccra of ^ ConipanioB of foot " after eacli muster, with warranta and oxcuaea to- Officer Commanding Commanding Offi- cera return to Colonel Field return neturns of Capi taina Sic. of Troop Protection from process on day of muster, &c, or within 48 hours be fore or after Di3obedie>oe of orders Rude, &c., lan- guage or behaviour to superior Officer Every Cplouel absent from master without a euiticient excuse,, to be npprgved of by the General commanding the District, sh^ll forleiti£10, to be levied by warraiitof distress and sate under his liaud and seal.. JK very Officer under the rank of Colonel absent without excuse, approved oi' by the Colonel or other Comtnandihg Officer of fte Eegimept, or Captain com- manding the Troop, shall forfeit: a C'olonerCf6mmaudant'„£6,a Lieutenant. Colonel, ij.'i, a Majior, £4, a Gap^ainj £3, any other. Commissioned Officer under the rank of Captain, £2; to be levied by warrant, under thejhand and seal of the Colonel or, Officer couimandiiig on the occasion.' If absent on any subsequent occasion without sufficient excuse, evei'y sucli,'Offifer shall be liable (in addition to the ordinary penalty, or without such p.enalty having been enforced), to such punishment, by censure, fine or impiieoir- ment as a general. Court Martivu' shall award, 9 V., c. '33, s. 43. , ' Upon every mustei' or othfir duty, the Captain, &c., shall, within 5 days and. not sooner than 3 days, in respect to the Eegimenls of St. Catherine and Kingston, and within 10 days, and not sooner tjian 7 daya in respect to other Regiments of Foot, make a 1-eturn of bis Company to the Officer commanding, specifying the mimber of Officers, non-Commissioned Officers, and Privates present, and the names of absentees and defaulters in anns and accoutrements : penalt'y, £6, to be levied by warrant under the hand and 'seal of suclV Commanding" Officer ; and every excuse for absence or other 'default of a uon-Commissioned Officer or Private, shall be given into such Captain, &c., within 3 days after the muster or other duty in St. Catherine and Kingston, aqd within 5 days in respect to otheiJiegimeatB of Foot, and every such Captain, &c.. shall, with his return, deliver to such sup_erior Officer warrants ready for signatm'e against all absentees and others in'de,- fault, without any excuse given. in, and also warrants ready for signa- ture a,Lj'ainBt all absentees and others in default for whom an excuse may be given in, to he accompanied by the excuses ; and shall also specifically state all excuses for which warrants are not delivered : penalty, £3, to he levied by warrant under the hand and seal of - the Colonel or .Officer commanding the Eegiment The Officer to whom the return has been made shall, within 5 Says thereafter, make a like return to the Colonel or'commanding Officer of the Regiment. A return of the number present in each Company under arms at all Regimental Bat- talion or division masters, shall be made by the Captain, &c., on flie field to the senior Officer present, 9 V., c. 35, s. 43." Captains, &c., of Troop, withjn 10 days, and not sooner than 7 days after the muster or other duty, shall make a like return under the same penalties, and the Officer to whom the return is made, shall, -within 5 days after, make a like return to the Colonel, &e., 9 'V., c. 35, s. 44. The Provost Marshal or any of his Deputies shall not arrest, detain or molest on any mesne or Judicial process any Commissioned or non Com- missioned or 'Warrant Officer, or Private, Drummer, Fifer, or other, mn- sioian or execute any levy or extent on' any property, real or personal, of any Officer, &c., engaged in Militia duty, or aolipg under the orders of the Commander in-Chief or other superior Officer, on the day of muster or other duty, nor -within 48 hours before or after, provided, he has ap- peared at, or is going to, or returning from muster, underpenalty of £60, far every offence knovmgly and 'wilfnUy committed, to be recovered by ac- tion of debt, triatlein the county where the cause of action arises by the person aggrieved, to his own use, with full costs, and being further hable to make reparation in damages ; and every execution contrary to the spirit of this provision is annivlled and declared void, 9 ¥., o. 35, s. 45. Every Officer, non-Commissioned Officer or Soldier, of Horse, 1 oot or Artillery, oil any occasion of duty refusing to obey, or not pramptly , obevingany lawful command of any Officer or non-Commissioned Officer, his superior, shall suffer punishment by fine not exceeding £30, or impri- . sonmeut not exceeding 1'5 days, as either a General or Regimental Court Martial shall award, 9 V., o. 35, s. 46. _ ' Every Officer, &c., treating any superior Officer with rude, attronting or contemptuous language, act, gesture or behaviour, when on dutJfW a' any other time in matters arising from or appertaining or referring **) Mi- litia duty : fine not exceeding £60, or degradation or imprisonment not '' The 9 v., c. 35, s. 41, inflicting fines, &o., on non. Commissioned Offi- cers and Privates absent from muster, was repealed by 22 'V., o. 43, s. 23, and no other provision has been substituted, thus rendering nugatory the above provisums for punishment of non-attendance. MILITIA. 479 exceeding 28 days, as a Regimental or General Court Martial may award, 9 v., e.! 35, B.i-17, , ■ ' Any Offlcer^or •■non-CominiBBioned OflSoer wilfully . or wantonly op- nHreatment of praBMng.-maltreatmgorill-usmg any. inferior. Officer or Soldier : fine nSt irferiorXeraor exceeding ±60, or-tmpvisonnwn* not exceeding 28 days as above, 9 V., men c. 35, 8. 48. "■'"■■ -'^ »■ ' ■ ■ . - - . , ' . Any Qftcer, &c., or Soldier who Btrikes or draws, or attempts,to di'aw strikinsordraw-' apy weapon upon or against, or offers other wrongful violence or force to, tag weapon, or at- orin any wise insults any other Officer, non-Commissioned Officer or tempting or ofter- Saldiei' wTien on duty, or at any other- time in matters arising from or ap- ^^ ™ieBee or pertaining or referring to Militia duty : same puuishment. If any complamt "mtoIoub com- nnder this section or any other herein is mjide groundlessly, 'frivolously, plaints generally vexationsly or wantonly, the compJain'ant shall suffer similar punishment, to be awarded by the Court trying the complaint, 9 V., c. 35, s. 49. Any Officer or Soldier who does not keep silence and conduct himSelf Not keeping si- in an orderly manner when on any duty : fine notexceeding£10, or impri- lenoe, &c. on duty sonment not exceeding 20 days as above, 9 V., c. 35, s. 50. Whosoever having any person in his employ, or domiciled willi him Preventing, &c., liable to do'Militia duty, shall hinder or prevent, or endeavour, &c., by or person in employ- under threat, persuasion or otherwise, any such person from making any inmt or domiciled return directed by 1;hiB Act, orfrom attending at any meeting or upon oc- tuSpTttSulfeS casion of piuster or other duty, or upon any sound, beat, alarm, ordei' or meetings, mus- noticefrom repairing to the place ofrendezvous with arms in good oidii ; ters, &o fine not exceeding jfiGO, or imprisonment not exceeding 28 days as above, 9V., c. 35,3.51. Any Officer drunk, or guilty of Tiotous or disorderly behaviour on Dnmkenness or guard, party, mtater, or other duty, shall be liable to Hues according to riotous behaviour * their respective grades as before specified, or to degradation or other pun- on guard, &c iehraent as a general Court .Wartial shall award. Any non-Commissioried Officer or Soldier so offending, shall suffer punishment, by iine not ex- ceeding £20, or imprisonment not exceeding 20 days, as a Regimental or General Court Martial shall award, 9 V., c. 35, s. 52. Any Officer or Soldier giving or sending a challenge to any other Sending ohal- when on duty, or arising out of matter appertaining to Militia duty, to lenge fight a duel, or writing or sending, or causing to be sent any letter or other Insultlng.or de- writing, or printed paper in anywise insulting or derogatory to the cha Jj"?**'"^ letter, racter and rank of the person addressed, for any offence taken or pre- tended to be taken on any occasion of duty: tine not exceeding £60, or imprisonment. not exceeding 28 days as above, 9 V., c. 35, s. 53. Any Commissioned Officer behaving in a scandalous, infamous and Conduct unbe- improper manner, unbecoming the character of an officer and a gentleman : coming aii^ offlter fine not exceeding £60, or degradation by General Court Martial, 9 V., ™o a gentleman c. 35, s. 54. All disorders and neglects which Officers, non-Commissioned Officers Pisorders and or Privates may be guiltj of, to the prejudice of good order and Mihtary neglects prejudi- discipline not specified : fine not exceeding £60, Or imprisonment not ex- cial to discipline ceedmg 28 days, by Eegimental or General Court Martial, 9 V., c. 35, s. 55. °°* specified Any person who holds any Commission, Warrant or Appointment re-. .Officers, Sec., latins to any Military duty; or service, shall be subject" to all lawful com- subject to their mauds of the Cofemander-iu Chief, General or Commanding Officer of a supeiiors District, and any other superior Officer. Nothing herein shall' prevent any Retirement o£ Officer above 55 retiring from the Service, or shall prevent his obtaining 22^126™?- ^^' his discharm from the Captain-Geneial, on sufficient grounds being Captam GeuerS shewn, 9 v., c. 35, s. 56. on sufficient No person shall be appointed Aide-de-Camp to the Commander-in-Chief, ^l™e'ae oamp unless either a Captain having done duty as such for at least 2 years or a to commauder-m- Pield Officer ; nor shall any person be appointed to the General S(aff, nor chief to anyBrevet rank, unless ,at the time he be either a Captain having done -a?k'?aeBs\o4 ' duty as aforesaid, or a Field Officer. Notwithstanding any such appointment, ' • he shall continue in his Regiment, and no person appointed to any General Staff or Brevet rank shall luive any rank annexed for more than one step above his Regimental rank, except only as to the appointment of Aide-de- Camp to the Governor, and Officers in the Adjutant-General's and Quar- ter-Master Genera's Departments, 9 'V., c. 35, 3, 57. 480 MILITIA. District Generals The Governor may appoint from Ihe Militia, General Officers of Districts, who are authorized to inspect the several Regiments vfitbin To make annual their Districts, at their usual places of Mnster once ay ear, and oftener if regtaneS '°™ *''® Commander-in-Chief direct ; and to call upon the several Colonels or Call for returns Commanding Officers for all such Returns as seem expedient to be made under penalties within 15 days ; Penalty, £30, to be levied by Wan-ant under the hand and seal of such General Officer, directed to the Provost Marshal, who by himself or Deputy shall execute same, and pay the amount to the Be- Not to interfere ceiver-General, to the credit of the Island. Not to confer on such Gene- mmafiement" or ™' Officer any right to interfere with the internal management of any tochmgefleliiex- Regiment, or to make any change in the Field exercise or movements, so eioise or move- as to vary the same from that practised for the time in the Regular Service, ments which only is to be used, 9 V., c. 35, s. 58. When to have a No General Officer shall have a Staff, unless actually in command of Staff, of whom to a division of the Militia, or a. District, on which appointment he mayap- S^hited" °^ point as his personal Staff, under his hand and seal, and not by Commis- sion, one Brigade Major and one Aide-de-Camp, who shall at the time of appointment oe Officers actually doing duty in the Militia, above the rank of Ensign ; and one Secretary, whether he do Military duty or not, who shall continue of the same ranks in their Regiments, and be promoted in their turns, 9 V., c. 35, s, 59. Staff appoint^ Every appointment except a General Officer, or to Regimental or to msnts,what Brevet rank, shall be a Staif appointment, and subject to the provisions concerning Staff appointments, 9 V. , c. 35, e. 60. arf^ormmSfonB '^^^ Commission of Adjutant-General or any other Commission neeeS free of Stamps sary to confer the rank of Colonel upon him, shall be exempted from Stamp Duty, any Act notwithstanding, 9 v., c. 35, s. 61. nJssima' to''" to Every Commission shall be void, unless the name of the person and published in Ga- rank conferred, and the date, are published by the Governors Secretary zette within one month after in the " Gazette," which particulars in an official form, the Secretaiy must transmit within 7 days after issuing tbe Commis- sion to the Conductors of the " Gazette" for publication, and they are re- If not taken out (juired to publish on the next publication day after receipt. If any Officer within 6 weeks at- ia recommended for promotion, occasioned by a vacancy in the Regiment, tfon'^ifo'tTflo d ^"^ declines to acceptof or take his Commission out of office within 6 weeks Colonel to recom- after it has been notified to him in writing by, or by order of the Colonel, mend next senior &,c.,he shall continue to do duty under the Commission he held at the time Officer of g^ch recommendation, and the Colonel shall, under penalty of j£30, re- commend the next senior Officer, 9 Y., c. 35, s. 62. Ooiond' &^'t'obe Upon the death of the Colonel or Officer commanding any Regiment, reported to the tlio Officer nextin command shall, within 30 days after, report to the Ge- district General neral of the District under penalty of £20, to be recovered by Warrant by Officer next in under his hand and seal, 9 V., c. 35, s. 63. command Absence fcom The absence of an Officer from the Island on leave, shall not make a Uave iTaSmCT vacancy : but if he goes off without leave, if Colonel or Commanding How leave is to Officer of a Regiment, from the General of the District, or if auy other be obtained Officer, from the Colonel, &c., it shall make a vacancy, and be fiUedup: and the Officer on his return shall do duty as junior Officer of the rank he For what time held. Leave may be granted for not exceeding 2 years, but shall be void if the Officer return within the time, 9V., c. 35, s. 64. Becommenda- The Colonel, &c., may recommend any person to be an Officer in his Re- tions to be Offi- giment qualified as required- (e. 5.) ; and every recommendation shall state "*" specifically the vacancy to be tilled up, and how occasioned, and any Colonel, &c. knowingly or without due enc(uiry into facts, recommending a person con- trary to any of the aforesaid provisions, shall forfeit £100, to be levied as after mentioned, 9 V., c. 35, s. 65. No Officer to No Officer shall resign his Commission, unless bv permission of the mSSn witiwut Commander in Chief, or upon cause shewn before a general Court Martial ; permission of Go- hut if the cause submitted is adjudged insufficient, he shall be obliged to do vemor or Court duty under his commission, and in case of refusal or wilful neglect, be de- Martial graded, and sentenced to serve as a Private; and auy Colonel accepting a re- signation shall be liable to fine, not exceeding £100, bv a general Court Marshal,9V.,c. 35,6. 66. MIWTIA, 481 ' Whejuk, any Officer, either of Brevet rank or otherwise, removes to No'ioo« by officers another parish," unless the Militia* of botliparishes fonn one Eegiment, he Stiior"par}sii'° a'l'Ii shall give notice in writing to , his Colonel, and immediately report Colonels hmself to the Colonel of the Regiment of the parish to which he removes : penalty, £,20, to be levied by Waraant under hand and seal of the latter, and in ailure of such notification and report for 6 weeks, he slmll be further liable to fine, not exceeding i;60, or dimiuntion of rank, or degi'adation to serve in the ranks by a General Court Marshal ; and the Qwonel of the parish from which the removal is made, shall give notice in writing to tlie Colonel of the Kegiment of the parish to which the removal is made .- Penalty, iine not exceeding £30 by General Court Mai-shal ; and he shall also report such removal to the Governor, and f ron; thenceforth the Vnoanoy to bo im- post shall be vacant, and be filled up by a new Commission. The Colonel of ' "'' the Eegiment of the parish to which the removal ip made shall forthwith enroll.tne Oflicer, under penalty not exceeding £30, to be recovered by warrant under the hand and seal of the General of the District, or as a Ge- Offlcei- to do amy neral Court Martial may award, and the Officer shall thenceforth act and ?egiment''°of°th'° do duty en seconde to the Officers of his rank, until a vacancy in his rank paruh he Jomoves happens, to which he shall be appointed without taking out a new Com- '° "°''' "^ vncanoy mission, and then he shall come in as the junior of his rank; though in all duties of the line he shall take rank from the date of his Commission, oibcois or hiyao If any Officei- of Horse, other than a Field Officer, remove from one parish '""^ regiment to another the Horse of both belonging to the same Regiment, 'he shall report his removal to the Colonel: penalty, fine, not exceeding £60, as a General Court Martial shall award, and such Coloner shall thereupon make such order concerning such Officer doing duty in the one parish or the other, as the convenience of the individual or the good of the service , rei^uires, under penalty of a fine not exceeding £30, as a Gefleral Court Martial awards ; but if ordered to do duty in the parish to whicli he removes, the Officer shall do duty according to his rank in tlie Ee- giment, and if any Officer thereby becomes supernumerary, he shall continue to do duty in his rank, but under the command of his senior. — mcilS'""" "°^' When the Horse of the two parishes belong to different Eegimeuts, the case shall be proceeded on as in citse of tlie removal of an Officer of Foot from one parish to another, and under the like penalties. Every Colonel of Foot nrfj'of roBtaonk" shall resi'de in the parish of Ms Eegiment, and every Colonel of Horse in the District of his Eegiment, or so near to the Parish or District that he ■ can attend to his duty therein, or shall be liable to have his post vacated -by sentence of a General Court Martial. In any case of Vemoval of an Cause m'a'y be Officer, if cause can be shewn to the satisfaction of the Commander in Chief mSr^nic^iuf f by the Coinuiauding Officer of the Horse or Foot of the Parish, or District why an officer to which the removal is, why any such person ought not to come in as an Jjj™'^ """ "".""om Officer, he shaU not be called upon to do duty in such Parish or District, or troop' "^"^'"^ If any Officer, non-Commissioned Officer or Soldier of any Troop re- Portisoyai move into Poit-Eoypl, where there is none, he may either join the Troop of an adjoining palish npar his residence, or the Eegiment of the parish, provided he reports himself to the Captain of the Troop he intends to officers romovinir , jom, or the Colonel of the Eegiment. If the Officer removing is able to if able may con attend to his duty in the parish from which he removes, and actually *»"» *<> so duty continues to do dnty thereinto the satisfaction of the General Command- monts "^'' ing the District, he shall not, as long as he continues to do duty be deemed within the forgoing provisions, 9 V., c. 35, s. 67. The Governor may appoint Courts or Boards of General or Field Of- Boards of Officer, fleers and Captains, in such number and places as he thinks proper, to en- thea)?eraOT'"' ""^ qnire into and determine all matters concerning Military duty and regula- fion required for the good of the Service, who shall have power to summon May sum m o n andexamine, upon oath, all persons required, by notices in form and under witnesses the like penalties as are specined for Officers, witnesses and others summoned before Cfenrti Martial. The Deputy Judge Advocate of the Eegiment where Deputy Judm Ad the Board is ordered lo sit, shall attend and record proceedmgs under the yoeato to attend like penalties. Such Court or Board shall be an open Court, and not con- t"™ ducted with closed doors, except in the forms customary in Courts Mar- court °^°° tial, and report proceedings to the Captain General, 9 V., c. 35, s. 71. GenmS"" ''*'""''' For the trial of aU oflenders for punishment whereof a General Court courts Martial. Martial is required, the Colonel, &,c., of a Eegiment of Foot or Horse shall ,„SS,^^e/="'<> ^^ submit in writing to the Commauder-in-Chiet or General ot the District, summoned the charges, who shaU direct the time and place of holding, and call upon the Colonels of the several Regiments of the Distnot to name Officers 3N 482 MILITIA. ftom their Regiments to form the Court, which Courts shall be subject in all respects to the provisions conceroing Courts Martial, 9 V., c. 35, s. 72. »i«'an?raiiit'' °°" Every General Court JIartial shall consist of not less than 13, or more ' . than 15 Officers, none under the rank of Captain. When a complaint is by an OfScer or person of the Foot, against an Officer or person of the Horse, or vice veraa, the Court shall consist of Officers of the Foot and Horse in such numbers as may be most convenient, if it . be impossible to have equal numbers of each ; and the Officers on all General Courts Mar. tial shall take rank according to the dates of their commission, 9 V., c. 35, s. 73. fer''"r'witnM8B« not Every Officer warned as a member of a General Court Martial or wit- attondins bofore ness, not attending, unless prevented by sickness, certified by a Surgeon General Courts Mar- or Assistant Surgeon, or by any unavoidable accident shewn tothesatiB " fection of the Court, shall, for every defeult in respect to a General Court Martial, forfeit not exceeding £39, to be levied by Warrant under the hand and seal of the senior Officer present at the Court, or of the Officer order- rowcv 10 remit iug it. The Commander-in-Cnief or General of the District may remit any such fine, upon oath, shewing to his satisfaction that the person fined had a ■ good find sufficient excuse for his non-attendance, and conld not have made ^ . it at the time appointed for the sitting of the Court ; and in like manner monbu'courts Mar- "le Colonel, &c., may remit any such fine inflicted by a Coui-t ordered by tial him, upon oath shewn as aforesaid, 9 V., c 35, s. 74. Martial ' For the trial of all offences for punishment whereof a Eegimental Court offl° rtT'SeTb^ Martial is required, the Colonel, &o., may hold, order or summon them as aBe^mentaicourt the exigencies of the Regiment require. In no case shall a Commissioned nor Colonel, &c., Officer be tried by a Regimental Court Martial, nor a Colonel, &c., be de- imiesrcourt 'Tn- prived of his rank by sentence of a Court Martial, unless convened by the vencdby Conunan Commander-in-Chief, 9 V., c. 35, s. 75. Kog?mentiii Courts Regimental Courts Martial shall consist in the Horse of at least 3 ; in Martial, ho-w com- the Foot of at least 5 Commissioned Officers ; the members to be warned 5 '"on^afiCouSo clays inclusive, previous to the time to be holden. On all Courts Martial ceedings, &c., to be the proceedings shall be had, and the members shall take rank according to according to tbo tjjgj.yjgg yf^i^g ^(.Qjy jfo Officer shall be eligible to sit, unless he has ru OS 1 y j^j.^^ jj^g yguai oaths of allegiance and supremacy, or the oaths required of Roman Catholic (10 G. 4, c. 12) or Jewish (2 W. 4. c. 3) subjects, sub- sequent to his first Commission before any Judge Advocate or Deputy Judge Advocate, wlio is authorized to administer the same, 9 V., c. 35, s. 7b. Hon attendance Every Officer or witness warned, and not attending any Regimefital of officers on wit- Court, Marti;il, uuless prevented by sickness or inevitable accident, to be cer- "aiTourT '■'^"°™ tified and shown, as required in the case of a General Conrt Martial, shall ' forfeit not exceeding £20, to be levied by warrant under the hand and seal of the President or Senior Officer attending at the Court, or of the Officer ordering it, 9 V., c. 35, s. 77. Noiioes of meeting The person to be tried by a General Court Martial shall have 8 days' no- of Conrt and char- tjoe in writing, aud by a Regimental Court, 5 days' notice, to be served '"consequcnoeB of personailv, or left at liis residence, of the time and place, and of the charge non-npoe a r a n o o to be preferred : and if he do not appear or send a satisfactory reason for his without cause ' ■ - - -- -*■' '-^ ~' «* '•'-■ I-....- .;— ™ ,..,* .x+' *!... ..in.r tn ntrn^A Oath of Members Before any proceedings are had, the Members shall take the following oath before the Judge Advocate-General or his Deputy, or in their absence, by any person appointed by the Colonel or President of the Court to act upon the occasion : — You shall well and truly try and determine, without partiahty, favor or affection, according to evidence in the matter now before you, bB- tween our Sovereign Lady the Queen and the offender to be tried ; and you shall not upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular mejnber of this Court Martial, unless required to give evidence thereof aa a witness by a Cburt of Justice in a due course of law. — So help you God. And the President shall then administer an oath to the Judge-AdTO; > cede or Deputy Judge-Advocate or person officiating in the following words ; — Judge AdTooatt'i You swear that you will not, on any account, at any time whatsoever MILITIA. 4:33 disclose or discover the vote or opinion of any particular member of this Court Martial, unless recjuired to give evidence thereof as a witness by a Court of Justice in a due course of law. — So help vou God, 9 v., c. 35, s. 79. Every Court Martial may administer an bath to every witness that Oaths to witnss the evidence he shall give in the matter to he tried shall be the truth, the '" whole truth, aud nothing but the truth. Taking a false oath, or suborning or procuring any other so to do, shall be punishable as perjury or subor nation. Any person not in the Militia, who has received written notice to penalty for non- attend as a witness from any Judge Advocate or person " acting, or any attenflanoo Officer ordermg the Court,, and not attending, shall forfeit £ 1 00, to be re- mmtio" ""' '" "" covered by action of debt tiiable in the Couuty where the cause of action arises by any person suing, to his own use, with full costs to be taxed, unless he shew upon the trial of the action good cause for non-atten- dance, and that it was made to the Officer ordermg the Court within 14 days from the time appointed for the Court. Any person in the Militia hav- ifintiiemiiitia ing notice and not attending, shall suffer pmiishment by fine not exceed ing £60, or imprisonment not exceeding 3 months as a Regimental ^ ^i^y^ notic* or General Court Martini shall award. Witnesses to have 5 days' notice, served personally, or left at ttieir residence, 9 V., c. 35, s. 80. No sentence shall be given unless concurred in by the majority. The sentences to bo of sentence of a Regimental Court Martial pronounced by the President shall a majority not be subject to revision or require confirmation, but shall be executed in com't8tcfbo°e°ecu- all things by "Warrant under the hand and seal of the President ; but there to«''e" another, so as to cause him to be. prosecuted by a Court Martial, and shall fail to attend and proceed, or to prove his charges, the Court shall, unless ' sufficient cause is shewn, acquit the person accused, and also proceed as in cases of groundless, &c., complaints (s. 49) and punish the prosecutor ac- cordingly, by fine not exceeding £60, to be levied by warrant under the hand and seal of the President, or by imprisonment, or by both, 9 V., c. 35, 8.81. The sentence of a General Court Martial de6lared by the President, sentence of Genet- shall not (provided it does not extend to degradation of a Commissioned Jjj^j J°"" Martial Officer) be subject to revision or require confirmation, but be in all things o?mation?exeVt°h. executed by Warrant under the! band and seal of the President. All cases of aegrasa. Regimental or General Courts Martial shall be holden in the parish or pre- ^^prmment-ll'Z'i?- cinct of their Re^imeiitB except in Martial Law, and the minutes shall be rant ; see iiowerer reralarly kept by the Deputy Judge Advocate officiating : penalty not ex- ^^Jf-;'; «■ »-.'f , ceedmg £60, or 28 days' imprisonment by General Court Martial ; and the to iew i„ pal-is" minutes shall be open to the inspection of every Officer of the Regiment, &o-. of regiment, 9 v., c. 35, 6. 82. Jfa*-"' '" ■*""'"" Every Court Martial shall sit not earlier than 8, a. m., nor later than Minutes 5 p. m., aud shall have power to adjourn according to the necessity of the Time for iioiaing case, 9 V., 0. 35, s. 88. ' No Militia Officer or man shall be sentenced to death, except for mu- Sentence of death tiny, desertion to the enemy, or traitorously delivering up to the enemv any earrison fortress, post or guard, or for traitorous correspondence with To be approved by the enemy ; and no sentence of any General Court Martial shall be carried g""-!" .Py-'c' 35' into effect until approved of by the Captain-General or Commander-in- ,. S2 Chief, if there be none, 22 V., c. 43, s. 15. No Officer of the Army shall sit on any Militia Court Martial, 22 V- Ofiieers of th. tn ^f Army not to sit u. 43, 8. 16. The Colonel &c., of Foot shall appoint Marshals, who shall act as Marshal-, duties Marshals to the Ti-oops of the parish or precinct. All Marahals shaUbelia- and liabilities hie to be examined, and answer upon oath to a Court Martial touching the non execution of warrants and non-serviots of notices and other Mih- tia process sent to them by the Colonel, &o., of Foot, or by the Judge Ad- vocate, or Commanding Officer of Horse ; and if it appear aiiy Marshal has been in any wise negligent in the execution of any warrant or other duty, 484 MILITIA. the Court shall impose upon him a fine not exceeding £30, and if not forth- with paid, the President shall issue a warrant under his hand and Seal to the Constables of the parish, to take and convey him to the Common Gaol, to.be detained for not exceeding 30 days, for default of payment of any one fine, or until it is paid. If any Marshal neglect to attend, or refuse or omit to answer upon oath any questionj tonching the non-execution of any warrant or other duty, he shall be liable to be fined by the Court not ex- ceeding £60^ and in case of non-payment, committed to Gaol not exceeding Not to make lories ^ ™°'>P'8 under warrant as afoiesaid, or the Colonel may dismiss him, and on (lay of muster he shall be liable to do duty as a private. No levy shall be made by the Z ofto?""" ^"''"° ^^rshal on the day of muster, or for 24 hours before or after. The Colonel, Quarterly Esgi- &C., of Foot, Or Captain, &c., of Troop, may cause a Eegimental Couit of mentni Courts to Enquiiy to be held once in every 3 months, withm 10 days after each usual °"™°itj fornm' guirter day, if he see occasion, to le composed as in the case of Courts attendance Martial, and persons warned shall be liable to the like penalty as for non- attendance on a Regimental Court Martial, to be levied by Warrant under the hand and seal of the Colonel, &c., of the Regiment, or Captain, &c.,of the Troop to which the Officer belongs, directed to the Constables Of the parish, at which Court of Inquiry the Colonel, &c., shall produce his ac- swotT''"' '° ''° count of the receipts and disposal of all fines collected, or monies- paid over to him ; and the Members shall be sworn well and truly to enquire touch- ing and concerning the non-execution of all such warrants, ol which the Court shall be required to enquire, and well and truly to determine upon any such enquii-y, without partiality, favor or affection, by the Judge Advocate d^Sale "and'ono Or his Deputy, or person appointed to act i and the Court shall make a re- copy transmitted to port, in duplicate, of the state of the accounts of the- Colonel, (fee, one copy D i s t riot General ; under the band of the President within 5 days, to be transmitted by him to "° '■ ^ the General of the District : penalty, £50, 9 V., c. 35, s, 83. Marshal's rornu. The Marshal shsll Only retain to himself as compensation for his troij- ' Sf''to™'o™feoted* ^lei" collecting Bues one fourth of the amount coUecfisd, 15 V.,c.27. on''"warrrmt'B'' dr' The Marshal, on receipt, shall endorse on each -warrant the date at tress, caption^' '*" Which it Came to hi^ hands, and if not able to levy the amount directed within 5 days, may thereupon take the bodyof the party to the Common Gaol, there to remain for the period specified ; and the Marshal as ■ well as the Keeper of the Gaol, shall notify in writing on the back of the warrants the date at which the party is taken to and 'received in Gaol, and where issued for imprisonment ; only the Marshal shall proceed forthwith to execute them, and he and the Keeper shall each notify on the back the date at which it. was executed, and the prisoner received mto custody, where he shall be safely kept for the period specified, 9 V., c. 35, s. 1,13. Beiisting, &c mar^ Resisting, or threatening toresist the execution of any warrant, or hin- of sentenceofcourt denng, obstructing or interrupting a Marshal or person appointed to as- Martial or any per- gist him in theexecUtiou of his office, or in anywise impeding or obsti-uot- «on in execution of jj,g^ g^. threatening, &c., the execution of a sentence of any Court Martial, y or any person in^the execution of this Act : fine not exceeding £60, or impri- sonment not exceeding 28 days by Regimental or General Court Martial, 9 v., c. 35, s. 85. • Giring up leviijs To prevent parties against whom warrants are issued from giving up t"ii6proiiCT'Boods°of to Marshals some article of property as a levy, not their own goods, and the party after for which actions of replevin are immediately instituted. Where levies are nipiwin"™™ "^ '" gi^si "P "P*"! Militia Warrants, and replevins brought, and on trial a ver- dict is given for the plaintiif, the Judge hefore whom it is tried shall gi-ant a certificate of such verdict under his hand, upon production of which to the Colonel or Commanding Officer- of the Regiment or Troop, he shall issue a warrant apainst the party giving up sucn improper levy for £30, and if not paid within 10 days Mter demand by the Marshal, he shall talfe the delinquent to Gaol for 3 calendar months ; and it shall not be set aside for want of form, 9 V., c. 35, a. 86. Penalty on Keeper Any Deputy Marshal, or person having the care of any Gaol, not re- noraons broiiehfuif celviug Or not keeping any person brought to Gaol under sentence of a der sentence or war- Court Martial Or warrant for the full period-specified, shall forfeit not ex- "■"nt ceeding £60 as a Court Martial may award, to be levied under the hand and seal of the President, 9 V., c. 35, s. 87. Enforcing t8 ; »ce s. as paid over to him, 9 V., c. 35, s. 92. The Adjutant of each Eegiment of Foot, and Junior Commissifmed n„a'V",5|'"'n°' '"i"' Officer of each Troop shall keep, iu a book for the purpose, an exact acco;:it sioiiea"'offloe?"'of of the receipt and application of all fines levied and paid to the Colonel, horse to k«p booiu &c., of Koot, or Captain, &c., of Horse; such book to be open to the " I'o'bo'opentoom-- inspection of the Officers, and produced to all Courts of Enquiry, under cers penalty of £20, to be recovered by warrant under the hand and seal of the coum of°nqu°iry'° Colonel, &c., of Foot, or Captain of the Troop, 9 V., c. 35, s. 93. Councils of War shall consist of the Governor, Admiral, Captains, and. Councils of war if none, Senior Officer in port, Members of the Privy Council, Speaker and Members of Assembly, General Officers of Militia and Field Officers of Regiments, not being Officers of the Regular Troops, and no other person shall have a right to sit, debate or vote, thereat; aud not le.9s than 21 shall be a quorum of a Council of War, 9 V., c. 35, s. 94. «"'»•■">' If the Assembly is dissolved, or not in being, and it is necessary before isd'ssoivedtlf^ate a new Assembly meets to summon a Council of War, the Members of the members to ait &c late Assembly shall have a right to sit, debate, and vote, 9 V., c. 35, s. 95. Martial Law shall not be declared or imposed but by advice of a Coun- aeoiaVea byldvice cil of War, and at the end of 30 days, shall determine ipso facto, unless con- of a Council of War, tinned by the advice of a Council of War, 9 V., c. 35, s. 96. oSm'ZV' unSs The Governor, with the advice of a Council of War may, iu the event °°Any"parisii, &e., of disturbance or emergency of any kind, declare any particular palish, may be declared un- districtor county under Mai'tial Law, and exempt other parts. Whenever ""p.^oVmiuln'on Martial Law is declared oi- imposed, or the Militia or any part embodied duty during under this clause, they shall be paid : — Each Major-General actually doing duty, £4 per day, to cover all expenses of forage, &c. Colonel of Foot and Horse, £2 10s to cover all expenses. Field Officer of Foot or Horse, including Major-General's Staff, £1 4s to cover all expenses Captain, Chaplain, Surgeon, Deputy Judge Advocate and Adjutant, 12s. Subaltern, including Quarter- Master and Assistant Surgeons, 9s. Warrant and non-Commissioned Officer of Foot, 4b 6d for pay and rations. Privates including Band, 4s for pay and rations. Officers and Warrant and non-Commissioued Officers and Privates of the Troop, 3b per day, as rations for one horse, additional. The bills and amount for rations for non-Commissioned Officers and How to be drairs Privates, shall be drawn for by the Colonels, &c., by orders on the Re- 'orandpaM eeiver General The pay of Officers and extra expenses shall be audited and determined by the Commissioners of Accounts, before they become 486 MILITIA. payable. No Officer, Warrant Officer, or Private, not actually and bona fide on duty, ehall draw any allowance, 9 V., c. "35, a. 97. MSiai^ Liw'lSb^ Every Officer or man shall, during Martial Law, .be subject to the joct to articles oi Articles of War, and act for punishing mutiny and desertion, and all other wnr^voiatmg to H. ja^^yg then applicable to Her Majesty's Troops in this Island, and not incon- oop«,'s;o sisteut with this Act, except that no Militia man ' shall be subject to any corporal punishment, except death (see s, 15) or imprisonment for any con- travention of such laws, and except that the Captain-General or Coraman- der-in-Cbief may direct that any provision shall not apply to the Militia, 22 v., c. 43, s. 13. prSJto Command -A-"? ^ody of MUitia when called out shall he commanded by the Officer highest in rank present, or the senior of Officers of eqttal rank. Arm' trtakopi'eoe" Officers of the Army shall always be reckoned senior to all Militia Officers iienco of Militia o*- of the same rank, wnatever the dates of their Commissions ; and Colonels, by oois ofcquau-ank^^ Commissions signed by the Commander of the Eegular Force's, shall command commisBioii"from Colonels of Militia, whatever the date of thgir Commissions, 22 V., c. 43, Commander of the g. 14. "ilmergenoios on In all cases of actual invasion, or upon imminent danger thereof, re- whioh '"|;i'''i' ™»y bellion. insurrection or other emergency, the Governor (the occasion being be ombo le g^^j (.ommunicated to the Legislature, if sittin?, or declared in Council, and notified by proclamation, if no Legislature Ts sitting or in being), may order the Colonels, &c., with all convenient speed, to draw out andeni- body all their Eegiments and Corps to be 'raised and trained, or so many and such part as he judges necessary, and in such manner as is best adapted to the circumstances of the danger, and to put them under the command of such general Officers as he is pleased to appoint, and to direct the Forces to.be led by their respective Officers into any parts of the Island for repelling and prevention of any invasion, and suppression of any wiiiie embodied rebellion or insurrection ; and from the time any liegiment, &c,, is called Bubjoct to articles of q^^ ^ud embodied, until it shall be returned to its parish and disembodied by w"'' the Governor's orders, the Officers, &c., and Privates shall be subject to the rules and articles of war in force [under 2p V., c. 43, s. 13], 9 V., o. 35, s. 98. Colonels, &o., to if^^ Colonel, &o., to whom any order is directed shall forthwith issue iic"t'iro°v''OTders'"tor his Order for the purpose, and immediately proceed to make same public, embodirocnt in the maimer directed for making public notices of the time and place of exercise, (s. 36) 9 V., c. 35, s. 99. Uon-ationdance nt Any person Ordered to be drawn out and embodied (22 V., c.43,s. 5, &c.), i>iaooof rendezvous j„f,t labouring Under any infirmity or sickness incapacitating him) who shall desoition ^^^ appear at the place of rendezvous, and march in pursuance of the order, Knowinsiy con- shall be liable to be apprehended and punished as a deserter ; any person oeaiinBpevsonswho harbouring and conceaflng him, knowing him to be such Mihtia-man, shall ought to attend forfeit £60, 3 'V., c. 35, s. 100. Governor may di- If during the time any part of the Militia continues embodied, the Go- reot regiments, &c., ygmgr deemB it expedient that any other part, not actually embodied, should ?°'i°S™nd oM°cis° be drawn out to be mustered, trained and exercised for a limited time instead '"as ordinarily ; of being embodied for service, he may direct the Colonels, &,c., to cause see 22 V., c. 43, s. ^.j^^^ Militia not actually embodied, or any part, to be drawn out in order " to be mustered, &c., m such proportion and for such time, and at such places as to such Colonel, ifec, shall seem best, as directed for ordinary training and exercise, and they shall be mustered, &c., accordingly, 9 V., c. 35, s. 101. ,. . .. , , . • • • • . J As it may be expedient m eases of actual invasion or immment dan- ger thereof and of rebellion that the Governor should be empowered to When Governor ^crease without delay the number -of the Militia, he may, with the ad- with advice of ^^^ ^j jj^g Council, issue a Royal proclamation, communicating it to the JdduionaTtoreesbo. Legislature, if then sitting, or at their first meeting after, and direct thereby yond the number ^-^^ j^ addition to the number of men required by this Act, there shall be appointed forthwith raised and enrolled in the several Eegiments any number of Duty of Colonels, men between 21 and 45 as he sees fit. And the Colonel, &c., shall, on the *e issuing of the proclamation, proceed to raise and enroll such men at the times specified, without regard to regulatitns relative to the Militia, and the ballotting for and enrolling them, and the men so raised to train and ex- ercise aim call out into actual service, and the supplementary Militia here- by directed to be raised as far as can be enforced, as if the number added had been included in the number directed to be raised by this Act, 9 V., c. 35, s. 102. MILITIA. 487 Neither the whole noi- auy part of the Militia, shall on auy aocouut Militia not to he carried or ordered ont of the Island , hut any part of the Militia be ordered out of may he carried or ti-ansported by sea from one port or place to another iu the island the Island, 9 V., c. 35, s. 103. The Governor may bestow and confirm Brevet rank to Officers whose brevet r&ak for conduct when on actual semce he considers deserving of such distinction, diotinguiBhedcon- 9 v., c. 35, s. 104. duct on actual When there is occasion to remove the Militia or auy Detachment to Hmoval of Head Quarters, or from one place to another in this Island, the Governor shall Militia * give orders for regulating their march as he thinks proper, and the Colonel, &o., may quarter liis Officers and men on the nearest plantation, or in sucli houses OT but-houses as may be in his line of march most convenient, without Quartering Offl" being liable to any action for damages, to procure refreshment for his party, "^rsandmen not exceeding 3s. for each'man for Hi hours, and impress or cause to be im- Refreshment pressed, such a number of waius, carts, horses, mules, cattle shallops, boats, ~g™ "of \J.nTev wherries or canoes, as are necessary in such march or removal, giving ance, &c proper certificates to the persons supplying refreshments, as also to the owners of wains, &c., impressed, to be paid by the Keceiver-General after being certified by the Officer commanchng, and produced to and approved Payment of by a Board of iJommissioners of Public Accounts (Governor m Ex- ecutive. Committee), 9 V., c. 35, s. 105. No Colonel, dec, who impresses or causes, &c., any carts, &c., shal- colonel, &o., not lops, &c., for the purpose aforesaid shall be liable to any suit, civil or liable to suit, &c criminal, 9 V., c. 35, s. 106. Upon the conclusion of the particular service for which the impress- Ai'tioles impress- ment is made, the Officer commanding shall return such carts, &o., to the edtobe returned place where they belong, under penalty of double the value, to be deter- mined by 2 Justices in a summary manner, 9V.,c. 35, s. 107. Any Trooper carrying a despatch, whose horse becomes unserviceable, Imjressinent of may impress any horse or mule to enable him to reach his destination, h°™8 "r mules provided he report the impressment to the Commanding Officer of the post tag despatcS^'^''" whither he is proceeding, whose duty it shall be to return the horse or mule forthwith to the owner under the above penalty, and provided the horse or mule shall not belong to the personal working stock of any Field Officer, actually doing duty in the Militia, 9 V., c 35, s. 108. eS'"^Si MaS It shall be the duty of all Troopers in times of Martial Law, or Law, &c , to carry wlien the Militia is embodied, or on any sudden emergency or occasion, to expresses carry expresses, except despatches to Port Royal, which are to he left with j£ti2 l^w to the main guard at Kingston or Passage Fort, or Port Henderson, who execute within shall forward them to Port Royal, and also in or out of Martial Law to the district of a convey and execute within the district of any superior Officer of Cavalry, navaliT'*^^"™?' such orders as he shall issue for assembling Courts Martial, or serving no- aaseiSe" Courts tices for attending any other Military duty, under penalty of a fine not ex- Martial and serve .ceeding £60, nor less than£10, by a General Court Martial. It shall not he ""'ff^s for other lawful to send by a Trooper any return mnster-roll, or any despatch rela- "Not anTretum live to any Regiment of Foot, unless directed to the Governor 6v Com- &o„ relative to the mander-in-Chief, or to a General Officer of a district. Every person send- foot unless to the ing a despatch shall write his name on the outside ; and no person shall send J^o^^or or dta- K ly despatch by a Trooper of a private nature or otherwise than as before *™' "™erai om- insntioned, under penalty of £60, to be levied by Warrant under the Persons sending hiiud and seal of the Commander-in-Chief, nor shall the messenger of public despatches ito en- deapatches charge any Trooper with any despatch, which by virtue of his dorse them office and the salary annexed, he ought to forward: penalty £60, to be re- patches ® ' covered by warrant as last aforesaid, 9 V., c. 35, s. 109. Public messen- " Commander-in-Chief shall mean Governor, 9 V., c. 35, s. 110. *^Commander-in- Any person sued for anything lawfully commanded or done in execu- dhief to mean tion of this Act, may plead the general issue, and give the special matter Governor in evidence, and if a verdict be found for the defendant, or the plaintifiis ,iJv,?,'f'*'™'"'™ nonsuited or discontinue, shall have full costs, to be taxed, 9 v., c. 35, *""™^ s. 111. Every Warrant, or non-Commissioned Officer or Private, who in any Annuities to engagement, with an internal or invadmg enemy, loses a limb or an eye, or wounded . Non- is otherwise wounded so as to be renderediinoapable to serve, shall, upon offloS?"r''pr? producing a certificate from his Commanding Officer, that he is so rendered vates disabled in ncapable to serve, be allowed an annuity of £20 so long as he an engaeement iontinnes to reside in the Island, and remains unable to do 4§S MILITIA, duty, to be paid by, the Heoeiver-Greneral, upon application of the party entitled, and that he is then residing in the pansh of and to which application shall be affixed a certificate of the Minister or a Magisti'ate, or one of the Churchwardens of the parish, that he b then liv- In case of death i°g '" 'h^ parish ; and ifany Warrant, or non-Commissioned Officer or Pri- to widow or chS '^^.te, is Icilled in any such engagement, and leaves a widow, or child, or dren children lawfully begotten^ his widow shall be entitled to receive duiing her widowhood an annuity of £20, upon the like condition and terms; and in case of her marriage or death, the annuity shall go to the child or children, in equal shares, until the youngest . attains 15, 9 V., c. 35, , s. 112. Postage and AH General Officers of Districts, General Staff Officers, Colonel^, &ct, other disbvirse- of Regiments or Detachments, shall be remunerated all sums they pay "'*"*' for postage or otherwise in the •discharge of their duties, on being audited by the Commissioners of Accounts (Executive Committee), 9 v., c. 35, 8. 116. In force during Tiiis Act shall continue in force^ notwithstanding and during Martial Law, 9 v., 0. 35, s. 117. 9 v., 0.35 and 13, V, 0. 31 9 v., 22 v., c. c. 35, and 13 V., c. 31, except so far as-rerepealed, incorporated, 43, s. 21. Eecovery, of penalties &C., Any penalty by this Act imposed, may be recovered before 2 Justices, and enforced as other summary convictions, or as any penalty for an of- fence of a like or corresponding nature or class may, by 9 V , c. 35, or 13 v., c. 31, be recovered, and shall be paid to the KeoeiVer General, with power to the convicting Justices to award any part to any informer, who shall be a competent witness, 22 V., c. 43, s. 22. Volunteer Kifle In case of invasion or imminent danger thereof, the Governor, with the Corps &Artilleif advice of the Privy Council, and by proclamation in H. M's name, may Companies in ,,^jge gg auxiliary to the Muitia, and equip and maintain Volunteer Ride ^^ es oi mvasion, fjgppg ^^J Artillery Companies, for the defence of such port* or other places as may be advisable. The Officers and men shall be sub- ject to all regulationa, pains and penalties, and have' all exemptions and immunities provided m respect to the Militia. The expense not to ex- ceed £2000, and a detailed account of expenditure laid before the Assem- bly duruig the first 15 days of the meeting next thereafter, 22 V., c. 43, s- 24. Arms, &c . for All arms, accoutrements, ammunition , uniforms and musical instru ■ use of ftee of duty ments, imported for the use of any Militia or Volunteer Company shall *« be free of all Import Duties and Town Dues, 28 V., c. 38, s. 27. Beglst ration S'vings in for )rse A., S2 V., SCHEDULE. Name. Ageorpro- bable age. Occupa- tion. Place of Abode. Whether he pos- sesses Horse of not less than twenty pounds value, MIWBIA VOljUMTEBKS. i&9 Name. Age or proba- ble a^e. Occupatiou. Place of Abode. rorfoodfB., v., c, 43, a- 2 I, of do declare the above Eetums under the Act of the twenty-second Victoria^ chapter 43, for eecuring a better registration for the Militia, are true. Declared before me this J ^ , day of 18 5 J. P. Name. Age or probable Age. Place of Abode. List of persons baJlotted for and enrolled, O. r e- tained from ren pealed sec 9V., c. 3S, s. 13, by 22 v., 0. 43, B. 4 Militia Volnntccrs. The Volunteer Militia Act, 1865, 28 V., c, 38, s. I. The Governor may accept the services of persons desiring to be formed into Volunteer Militia Companies, who offer their services through the Cuatos of the parish in which they are to be formed, 28 V., c. 38, s. 2. And may continue the services of those previously accepted, unless and until he thinlrs fit to disband them. This Act shall apply to every Company as if its services were accepted thereunder, without prejudice to anything already done in relation to or by any such Company, 28 v., c. 38, s. 3. A majority of the Commissioned Officers of each Volunteer Company, ' may receive Volrmteers as Nou-commissioued Officers and Privates to ' supply vacancies. No person dismissed from a Company shall be per- mitted to join another without the Governor's previous sanction, nor shall any person who has left a Volunteer Company be permitted to join any other except on production of a certificate from his former Commanding Officer, to the effect that he knows no reason why the person should not re-enlist, and that he had faithfully discharged his duties when formerly in the service, 28 V., g. 38, s. 4. • Any person holding a Commission in the Militia in any parish, aud any other person in any suon parish desirous of tendering his services as an Of- ficer of Volunteers of suon parish, shall forward to the Custoa a notification of his desire to serve, with an affidavit, sworn to before any Justice of the Peace, gtatiog that he is in receipt of au income or salary of not less than 3i> Tender of service by Volxinteers Existing Com- pELoies Supply of vacan- cies Persons who have been disnaisn ed from or have left other comi panics Qualification of 0£&cers 490 MILITIA VOLUNTEERS. And appoint- £120, per annum, who shall forwardthe same without delay to the Go- ment * vemor, who is empowered to make all appointments of Commissioned Of- ficers of the Volvmteer Force, 28 V., o. 38, s. 5. DismiBsed per- No person who has been or may be dismissed from any Militia Re- sons ineligible as giment or Company, or Corps of Volunteers, shall be eligible to be appointed offloers |„ Officer, 28 V., c. 38, s. 6. _ Officers of Mill- Any Officer in the Foot or Horse Militia may, if willing, be appointed tia may accept as an Officer in any Volunteer Company, as of a rank or grade lower than lower rank in the that held by him in the Militia, bat shall nevertheless retain his Militia rank Sp?eiuSee so as to entitle him to promotion therein, 28 V., c. 38, s. 7. First an! 8uhse« Every person after his first appointment as an Officer may be pro- quent appoint- motedto a higher rank ; but every first appointment in consequence of any "aentB vacancy must be made in the'manner prescribed for o^ginal appoint- ments fi'om among the persons whose applications are submitted through the Gustos, 28 V., c. 38, s. 8. CommisBiouB to The Commissions shall be fi'ee of Stamp duty and every other charge, bo free of charge The issue of all Commissions shall be notified m the " Gfazette," and a "heGSto '" list of the several Officers of Volunteers, with the dates of tlieir appoint- ments, shall be published once in every 6n\onths in the " Gazette," 08 V., c. 38, B. 9. NonCommis- The Commanding Officer of every A^olunteer Company shall appoint Bioncd Officers Non-commissioned Officers, and fill up vacancies, and who shall hold their rank during his pleasure, 28 V., c. 38, s. 10. Qualification for Every person not disabled by bodily infirmity, and possessing an iu- Non-oommisslon" (.gme of £™ per annum, may tender liis services as a Non-commissioned nriva^"''" Officer or private of any Volunteer Artillerv or BiSe Company ; and any person possessed of such qualification, and having a Horse of the value of In cavalry or £15, may tender his services as a Nbu-commisBioned Officer or Private of mounted rifles any Cavalry or mounted Eifle Company, 28 V., c. 38, s. 11. Honorary mem- A majority of the Officers of a Company may admit persons as Hono- bers ].ai.y Members, but who shall not be included in the muster roll of the Company, nor be subject to Military discipline, nor liable to be assembled with the Volunteers for actual Military dntiesr They may wear the uni- form of the Company, and contribute to its funds. TTie Officers shall deter- mme on the rank to be held by any Honorary Member, subject to the €to- vernor's approval, 28 V., o. 38, s. 12. Secretary The Commandmg Officer of any Company may appomt any Officer, Non-commissioned Officer or Honorary Member of his Company, to act as Secretary to the same, 28 V., c. 38, s. 13. Oath on enlist- Every Volunteer (except Honorary Members) shall take the following mcnt oath : — I, A. B., do sincerely promise and swear that I will be faithful, and bear true allegiance to Her Majesty Queen Victoria ; and that I will faithfully serve in the Volunteer Militia of Jamaica, for the defence of the said Inland, and the maintenance of order and the public peace therein, during my enrolment in such Volunteer Militia. Which oath may be adminiatered by any Justice of this Island. On the _ 1 • J oath being administered to a Volunteer, he shall sign a formula of the bath by pSy and^'al? previously entered in a book to be kept by the Commanding Officer, and the testedby the Jus- signature shall be attested by the Justice administering the oath, and the tice conciui i v e entry and signature shall ipso facto be conclusive evidence without further evidence of his proo'f of the fact of the party who has taken and signed the oath, being a bemg a A- olunteer <^rolunteer, 28 V., c. 38, s.U. Resignation of ^° Commissioned Officer shall be allowed to resign without the Go- Officers vernor's sanction upon sufficient reasons, and upon his paying all moneys due or becoming due by him to his Corps or Company, and such further amount as may be laid down in the rules to be promulgated by the Gover- nor, on tlie recommendation of the Board of Officers, regulating the resigna- Nm eom^rfon ''""^ "' Officers Any Non-commissioned Officer or Private may be per- ed Officers orpri- mitted by a majority of the Officers of his Company to retire when not on vates actual service, after giving one mouth's notice to his Commanding Officer of his desire, and delivering up in good order (fair wear and tear only ex- cepted,) all arms, clothing and appointments, being public property, or pro- pertv of his Company issued to him, and paying all moneys due or becom- ing due by him under this Act, or any regulations promulgated by the Go- MILITIA VOLUNTEERS, 491 vemor, or any rules of the Company, and thereupon hie name shall be struck out of the muster roll by the Commanding Officer, 28 V., c. 38, iS. 15 If any Noncommissioned Officer or Private gives notice, and a ma- Appeal to 2 jorilyofthe Officers refuse to grant him leave to resign, he may appeal to Jusfloes whose SJustices of the pai-ish to which tlie Company belongs, they not being Vo- Sf^u^'himiiBS " lunteers, who shall hear the appeal, and may summon and examine any wit- umumg nesaon oath and if it appears to them that the :irms, clothing and appoint- ments issued, being public property, or property of his Company or Corps, have been delivered up in good order (fair wear and tear only excepted), or that he has paid sufficient compensation for any damage the articles have sustained, and that all moneys dne or becoming due by him under this Act, or the rales and regulations to be issued by the Governor, or the rules of his Company, h^ve been paid, the Justices may order the Commanding' Officer forthwith to strike such Non-commissioned, Officer or Private out of the muster roll, and their determination shall be binding on all parties, 28 v., c. 38, s. 16. Any Volunteer Company may be disbanded by the authority of the Dis b a n d i u g Governor, who may thei-eupon authorize tlie formation of another Com- GoTCnOT^form/ pany lu lieu thereof. The Governor, upon good cause may dispense with tion of others the services of any Officer, Non-commissioned Officer or other member of Dismissal otoffl- any Company, to be notified in the " Gazette" within 10 days, 28 V., c. 38 ™^' ,17. To be notified in the Gazette Every Company may form a Band or Drum Corps, either separ- Band or Drum ately or conjointly with another or others, who shall be Members oxclu- Corps sive of the Kank and File, and subject to the same discipline, and shall en- joy the privileges of Volunteers, 2a V., c. 38, s. 18. And shall be governed as a majority of the Officers of the Chmpany or Regulations (or Companies from time to time determine upon ; but such regulations shall ^^ "OTernment not have effect until they have been approved by the Governor and lodged with the Clerk of tlie Peace, whereupon they shall have the force of law, 28 v., c. 38, s. 19. The uniform, arms, equipment, accoutrements, ammunition and other Uniform, Arms, stores of the Officers and men shall be such as the Governor directs. The Tobefumfhii aims, &c., shall be furnished to the Non-commisBioued Officers and Privates bythe^slaS at the expense of the Island, but shall always remain Island property, 28 V., And to be Island c. 38, s, 2(). Droperty The Governor shall cause the Non-commissioned Officers and Privates or it not fum- to be furnished with uniforms, at the expense of the public, or pay to each ished with uni- Volnnteer an amount annually in commutation of such clothing, subject to ' forms, non-com- any rule or regulation to be promulgated by the Governor, on the recommen- ^^t™he *^^°^™ dation of the Board of Officers, 28 V., c.38, s. 21. annual commuta- Every Commanding Officer who on his resignation or dismissal, or *"^.. within 7 days after, neglects or refuses to hand over to the Officer or Non- latiSra ^'^°^" commissioned Officer next iu command, or person appointed by the Gover- officers resign- nor, all arms, &e., issued or intrusted to his care, shall be liable to a fine ing or dismissed not exceeding £5, nor less than £2, in addition to the value of the not delivering up articles withheld, 28 V., c. 38, s. 22. ■'^™=' '*=• Every Member who fails to deliver up to the Officer in command, all Members of arms, accoutrements, ammunition, bugles or other articles intrusted to SS'gup"^- his care, within 7 days after having received intimation of his dismissal, tides or after his resignation, shall, on conviction, be liable to a penalty not ex- ceeding £5, nor less than 20s. in addition to the value of the articles with- held, 28 V., c.38, S.23. Any Volunteer who embezzles, pawns, sells, loses by carelessness, Embezzlement, ■ or designedly or negligently wastes, spoils, injures or uses for any other te purposes than those of the Queen, any arms, ammunition, accoutrements or other articles with which any Corps or Company or any part has been or may be furnished at the public expense shall be liable to a fane By Volunteers not exceeding £2, as a Court of- Enquiry may direct, in addition to the value, "tuer persons Any person, other than aVoluuteer, guilty of any such acts, shall be liable to a penalty not exceeding £5, in addition to the value, to be recovered as after directed, orto imprisonment in any Gaol, not exceeding -iO days,s.8 V., c. 38, a. 24. 492 MILITIA VOLUNTEERS. Buying from, os- Knowiiigly buying OP taking in exchange from any Volunteer, or any toauposJlform" person, acting on his belialf, or soliciting or enticing any Volunteer _ to &c. ' sell, or knowingly aseieting, or acting for any Volunteer, in selling or having in poBsessiou or keeping, without satisfactorily accounting for the same, any arms, &c., being puolic property, or that of any Volunteer Corps or Com- pany, or any public stores or ammunition issued for their use : penalty not exceeding £5, or imprisonment in any Gaol for not exceeding 20 days, 28 v., c, 38,8.25. iims'^°'lc°^°'ft°' ^^ "^^ of the death of any Volunteer or other person who has re- acatii ° " °' ceived any arms, ammuution, accoutrements or other articles belonging to any Company, the person into whose possession they come shall deliver them over forthwith to the Officer commanding the Company to which they belong : penalty, not exceeding £5, in addition to tl^ value, and in default of payment of fine and value, imprisonment in any Gaol for not exceeding 10 days, as the Justices award, 28 V., c. 28, s. 26. Arnn, &0. imiMrt- AH arms, accoutremeutB, ammunition, uniforms and musical instru- Toiun'cera'fJoo Sf meuts, imported for the use of any Militia or Volunteer Company, shall be duty free of Import Duties and Town Dues, 28 V., c. 38, s. 27. nmi Each Company shall be drilled once at least in every month, on a day and place to be fixed by the Commanding Officer, but the Governor or Com- Absonco mauding OfBcer may order extraordinary drills or parades when and where / he thinks proper, iuiy member absent without having sent a good excuse in writing, or previously obtained leave of absence from the Commanding Officer, shall be fined in such sums as may be fixed from time to time in the regulations of the Governor issued, on the recommendation of the Board of Oflicers, 28 V., c. 38, s. 28, Breach of aiaci- If any Volunteer while under arms or on march or other duty, or while piiii« when on iiuty engaged in any Military exercise or drill, or while wearing the clothing or accouti-cments of his Company, and going to or returning from any place of exercise or assembly of his Company, disobeys any lawml order of any Of- fflcer or uon-Commissioned Officer, nnder whose command he then is, or is guilty of misconduct, breach of discipline or insubordination, the Officer iu Officers to bo Command of the Corps or Company, or any superior Officer in command', placed under arrest may order the offender, if an Officer, under arrest, and if a Non-commissioned "iB"er«°'&o.'lS°"us- Officer or Private, into the custody of any Drill Instruotdip, or any Volunteer tody ' • belonging to the same or any other Corps, or Company, but so that the Officer is not kept longer under m'lestor custody than during the time the Corps or Company remains under arms or on march, or duty, or assembled or continues engag'cd in any Military exercise or drill; but such arrest or ens- tody shall not prevent his subs6C[uent trial by a Court of Enquiry, 28 V., ' c. 38, B. 29. Court of Enquiry Two Or more Companies in the same or adjoining parishes may be ad- ■'rti'nof 'oomDn," ministratively united on the joint application of the Commanding Officers. i"es '"^ ° Notwithstanding the formation of any administrative Corps, the several To be oiherwiso Companies shall be deemed separate for all the purposes of this Act. The Go- eeporato vernor may direct the muster (not more than once in 6 months) of any Ad- toBM"her°o?"o °n°6 miuistrative Corps for drill or exercise, 28 V., c. 38, s. 30. ""inspoc t i n by When any Volunteer Company or Corps are on actual service, or are •onioromoovsofihe Undergoing inspection, or doing other Military duty, the Governor may "'"ny place them and their Officers under the command of Officers of the Army, senior in rank to every Volunteer Officer presaut, 28 V., c. 38, s. 31. DriU Instructors, The Governor may appoint Drill Instructors from the Army for the Vo- miutary luuteers, to be paid out of the money voted for Militia and Volunteer services at such rates as may be considered reasonable. They shall be snbiect to the orders of the Commanding Officer of the Company or Corps to which they- raay from time to time be attached, but amenable only to the Military authori- Voiuntoer ties for any misconduct or breach of Military discipline. JBut not to prevent the Governor from appointing any efficient Volunteer, on his being declared competent by the Board of Oflicers, and who shall he paid a like sum as those Companies 3 yeors selected from the Army. No Volunteer Company in existence for 3 years in esisteneo ^j^jjij j^g entitled to a Drill Instructor at the public expense, 28 V., c. 38, s. 32. Annuaiinspection All annual inspection of every Volunteer Corps shall be held by a com- Sfmy °*°" "'""^ Pe'ent Officer of the Army, to be appointed by the Governor, wlio shall • His pay be paid such sums as the Governor m Executive Committee may award; Costmttooiiioea the whole cost of inspection not to exceed £230, per annum, to be paid MILITIA VOLUNTEERS, money voted for Militia and Volunteer imrposes, 28 V., 493 Asslataut £7& per annum Board of Officers Their Secretary 3 a quorum Strergtli of tlio comjiauy, &c. Appointments Sec. nf oOlcera ont of tlie c. 38, 8. 33. The Inspecting Officer shall discharge the duties of Secretary to MiUiaty secretory the Governor in Volunteer and Militia matters, and all orders, di- rections, and notifications conveyed or signed by the Military Secretary to the Militia or Volunteers, shall be deemed to proceed fiom the Govevnor. He shall be assisted in his duties by an Assistant, who shall receive £75 per aimum, 28 V., c. 38, s. 34. ^ The Military Secretary shall hold the Brevet rank of Colonel in the ^"""^ "'»"'« Militia and Volunteers, and be relieved of all Stamp Duties and other charges on his commission as such, 28 V., c. 38, s. 35. The Goversor may appoint any Volunteer Officers to act on his Staff staffappointments for Volunteer purposes, but without remuneration, 28 V., c. 38, s. 36. Also annually a Board of Officers to consist of his Military Secretary, and 10 Volunteer Officers, and fill up vacancies. The Assistant to the Mi- Ktary Secretary shall act as their Secretary, and three of the Board shall be aquorum, 28 V., c. 38, s. 37. The Board of Officers shall make rules and regulations respecting nnies ana Hegu anything directed or authorized, or provided for by regulations, and also in'ions such as seem tit (not inconsistent with this act) respecting — The strength of each Company, as well as the distribution of its Officers, Non-commissioned Officers and Privates. The appointment or gromotiou of Officers of Administrative Corpt' or Volunteer Companies. The efficiency of Volunteers, and granting certificates of such effici- ency. The assembling and proceeding of Courts of Enquiry. And the full execution of this Act, and the general Government and discipline of the Force. All which rules and regulations, when approved of by the Governor in Privy Council, and published in the " Gazette," shall have the force of law, and be quoted as such in any Court of Enquiry or Court of Law or Equity. The Board may alter or repeal them, subject to such approval and promulgation. All funds voted for Volunteer Militia pui-poses, shall be distribnted by the Governor in Executive Committee, on the recommenda- tion of such Board of Officers, 28 V., c. 38, a. 38. The Governor may order the Volunteers, or any portion to any part of the Island, to aid in its defence, the maintenance of order and the public peace, the protection of property or upholding^ of the law. The Gustos, or, m his absence, the Senior Magistrate of any parish in which any such emergencies arise, may call out the Volunteers of the parish. All requisi- tions for their services must be made in writing, and signed by the autho- rity, 28 v., c. 38, s. 39. When a Corps or Company or any part is called out, every member Neglect to aseem- shall be bound to assemble as directed by his Commanding Officer, and to Wo ana perform proceed to the place where his presence is required, and from the time it is '" called out it shall be deemed on actual Service ; and any Officer, non-Com- missioned Officer^ Private, or other party attached to the same, not incapa- citated by infirmity for JHilitary Service (to be established by the certificate of a Medical Practitioner or two Justices), who refuses or neglects to as- semble or march, or disohai'ge the duty required of him, shall be deemed a deserter, and tried as soon as convenient thereafter by a Court of En- quiry or Court Martial, 28 V., c. 38, s. 40. Every Commissioned Officer shall, while on actupl service, be entitled Ticlcncy OouvtB of Kngulry General Govern- May bo altered Distribution funds Ordering Volun- teers upon service Triable by Court of Enquiry or Court Martial Pay and ■ allow to the pay and allowances of an Officer of the same rank in the Army, 28 an^'of offleors v., c. 38, s. 41. Non-commission. Every Non-commissioned Officer shall, while on actualservice, be en titled to 7s 6d . and evei-y private to 5s per day for rations. ' Members of a ™ica ' """ ■"'' Cavalry or Mounted Corps, to 2s in addition for the forage of a horse, to be paid out of the amount voted for Militia and Volunteer purposes, 38 v., c. 38. s. 42. ^^j ^^ ^ - When the Militia of any parish are called out in case of war, invasion, deemed °°Weiudoa insurrection or riot, or imminent danger, the Volunteers of the parish shall J" "ny order, cm- be deemed to be included in the order, and be allowed the same amount for "f tkS porish 494 ' MILITIA VOLUNTEERS. rations and forage as if specially ordered out by the Governor, Costos or other Magistrate, 28 V., c. 3S, si 43. tive°aorvico'°'" °° After being called out for active service^ the Corps shall be deemed released therefrom only by an order, in writing, signed by the Governor, the Gustos, or, in his absence, the Senior Magistrate of the parish ; and each Volunteer shall receive th^ allovrauce for rations and forage until released from duty, and after the return of his company to its parish, 28 V., c. 38, b. 44. tiirn™ciM'irwa? . When on actual Military Service for protection of the Island against invasion, they shall be regulated by, and be suWected to the provisions of the Militia Law, and the Eules and Articles of War then in force ; but on Bee s. 3r-38 ^"7 other emergency, by this Act, and the Eegulations promulgated with the sanction of the Governor in Privy Council, 28 V., c. 38, s. 45 Impressment of Any Volunteer carrying a despatch, or engaged in any other service, horsos, &.C. jjjj^y imprees any horse or mule, but shall report it to the Commanding Of- ficer of the post, or other authority tp whom he is proceeding, who shall re- turn it as soon as convenient to the owner, on the conclusion of the service for which it was impressed, 28 V., c. 38, s. 46. Courts of enquiry The Govenior may assemble a Court of Enquiry, composed of MiUtia °S-r»To'°o"mp^' and Volunteer Officers, or partly of Officers of the Army and partly Volun- nies teers, to enquire into any matter relative to Companies of any parish, and to record the facts and circumstances ascertained on the enquiry, and report thereon to him, 28 V., c. 38, s. 47. rompiaints against The Governor, on receipt of a complaint against any Commissioned Of- officers ficer for misconduct, insubordination or breach of discipline, shall assemble a Court of Enquiry to investigate and report thereon, consisting of 5 Officers of Volunteers selected by him, 28 V.. c. 38, s. 48, Charges agnfnst On a charge of misconduct, &c., against any non-Commissioned Officer no n conimissioned or Private, the Commanding Officer of the Company to which the accused offloers or privates jjgigngg^ gij^u sumtnon the Members of the Company to meet and ballot for a Court of Enquiry to investigate the charge, consisting for the trial of a Non-commissioned Officer of 2 Officers and 3 Non-commissioned Officers; of a Private, of 1 Officer, 2 Non-commissioned Officers and 2 Privates, of the same or any other Company or Companies of the parish, 28 V., c. 38, s. 49. rrooeedings of The Members convened shaU, before proceeding, be sworn faithfully to Courts of Enquiry discharge their duties. The Court shall have power to summon the accused, witnesBos mj^ ^oy -^yitness whose name has been previously forwarded to the Secre- Non otiendanoe tary of the Company, and to examine all witnesses on oath. Any Volun- teer who, on being Bumm«ned, neglects or refuses to attend and give evi- dence before any Court of Enquiry, either in his own or any other Company, shall, on proof of the service of such summons, be fined not exceeding ii3. Absence of nceuaoa Any Other persou, not exceeding £2, to be imposed 'on proof of such sum- mens by the President, in his discretion. If the accused absents himself without forwarding to the President an explanation for his absence, satis- factory to a majority of the Members, the complaint shall, ou proof of the service of the summons, be' investigated in his absence, and the decision acted upon, 28 V., c. 38, s. 50. sontonoe against ., ^ny Court of Enquiry may impose on any Volunteer Officer found anofflcor guilty On a chai-ge, a fane not exceeding ;tilO, or recommend his dismissal, or both, 28 V., c. 38, s. .51. A non oommis- ^1"' 01 finding a Non-commissioned Officer or Private guilty, may im- siOnea offloor or pose a fine, not exceeding £5, or dismissal from the Company, or both. In privote ji,g gjjge Qf j^ jg^on commissioned Officer, the Court may, in lieu of dismissal, recommend his reduction to the ranks, with or without a fine, 28 V., c. 38, 8.52. Foraesortion If the charge be for desertion, the Court may sentence, in addition to, imprisonment in Gaol not exceeding 20 days, wnioh sentence the President shall put into execution, by issuing a wai'rant of commitment, under his hand, directed to the Collector of Petty Debts of the parish, or to any ,of his lawfol deputies, provided the sentence has been confirmed by the (Sovern- ^- ^-^'' or as after directed, 28 V., c. 38, s. 53. On a charge being preferred against any Officer, Non-commissioned Of- Ingcimrgo™ ° ficer or Private, the (Jommanding Officer of the Company shall immediate- ly suspend him from his duties, and he shall remain under suspension until his case is adjudicated or otherwise disposed of In the case of a Com. Orouudless com- plaints MILITIA VOLUNTBEES, 495 manding Officer, the Governor, on recelvinff a complaint a-gainat him, shall immediately suspend hinl, to remain so uutu his case is adjudicated, &c., 28 v., c. 38, s. 54. If any Volnnteer make a groundless, frivolous or vexatious complaint against another, so as to cause him to be preseouted before a Court of En- quiry, the party making such complaint snail be liable to a penalty not ex- ceeding £3, -which fine tlie Court before whom the case is heard may im- pose. But the party so fined shall be entitled to an appeal to the Governor, against sneh decision ; notice thereof to be given to the President within 2 days after the sentence is promulgated, and the grounds of Appeal forward- ed to him within 7 days thereafter, for transmittal to the Governor, 28 V., c. 38, s. 55. No sentence made before any Court of Enquiry for dismissal or im- „i , , . prisonment for desertion, shall be carried into execution until confirmed by ment'mnst'bo'ooS- the Governor, who may annul or commute the same, 28 V., c. 38, s. 56. aimoa by tho Go ■ voraov Not to prevent any appeal from the decision of a Court of Enquii'y to Appeal to tho Go the Governor, notice of which shall be given by the party sentenced, to" tho uomoir President, within 2 days after the decision has been arrived at and pro- mulgated. The Appellant shall, within 7 days, thereafter, forward to tho President, for transmission to the Governor, the grounds of his Appeal, 28 V.,c. 38, s. 57. The Government, or any Parochial Vestry or other Board, Society, Corporation or person, may grant and renew Licenses for the use, during any term of any years, of lands under their control as a target ground for Vo- lunteers ; and any Volunteer firing on the same with the sanction of his Commanding Ofiicer shall be held to be in the performance of a lawful gg y^ ^ gg_ B ^^ Ana loHgea with And wliich, within l"! days after his approval, shall be lodged with ^» Clerk of the the Clerk of the Peace, and kept among the records of his office, 28 V., c. 38, s. 65. Alterations, &c, Two-thirds of the Members, after 10 days' notice, ^ay alter or re- peal any regulations, subject to the Governor's approval, and after appro- val, such amendment shall be lodged with the Clerk of the Peace, 28 V., c. 38, B. 66. 1^ ° tV'& "' °' The Governor may require any Inspecting Olflcer, or Commanding Of- strongtn, fflc. g(,gj. ^j ^^ Administrative Corps or Company, to make to him returns or reports of their strength and efficiency, or on any other subject connected with the Volunteers he deems requisite, 28 V., c. 38, s. 67. False CertmcMo Any Commanding Officer of a Company or Administrative Corps, who knowingly gives a false certificate, shall, besides being dismissed from his appointment, be liable to a penalty not exceeding Jii20, one moiety to the informer, the other to be appropriated to the use of the Company, or Ad- ministrative Corps to which he was attached, 28 V., c. 38, s. 68. Obstruction &.c. Any person who obstructs, or assaults any 'Volanteer whilst in the, on duty execution of his duty, shall, on conviction before 2 or more Justices, be fined not exceeding £10, and in default of payment, be imprisoned in any prison, not exceeding 30 days, nor less than 2 days, 28 V., c. 38, s. 69. Bccovery of sub- All subscriptions, fines, penalties, and forfeitures imposed by any •oriptions, flne^^c Couit of Enquiry under this Act, or under any rules, &c., shall be recovered ijUiry ° ' ° "at the instance of the Officer commanding the Company, under any Act relating to the recovery of Petty Debts, but if any Volunteer is imprisoned in consequence of the non-payment of any such subscription, &c., or the absence of goods whereon to levy, he may be released, by order of the Governor or his commanding Officer, before the expiration of the term of imprisonment 28 v., c. 38, s. TO. Without tho in- AH fines and penalties imposed without the intervention of a Court of coun'of Eoquiry " Enquiry, shall be recovered before 2 or more Justices, and, if not forth- with paid, levied by warrant of distress, and in default of sufficient dis- tress, the oifender Mall be imprisoned in any Common Goal (unless where otherwise directed) for not exceeding 30 days, 28 V., c. 38, s. 71. Appropriation ^'1 subscriptions, &c., recovered, shall be the property of the Company to which the person payingirthe same is or was attached, and be appropriated to its use by a Board of Officers and Non commissioned Officers, annually appointed by the Members of the Company, 28 V., c. 38, s. 72. Property of com- -A-H moneys subscribed by or for the use of any Company, and all eifeots pany vestoii in tho belonging to any such Company or lawfully used by it, not the property of commanding officer individual Officer or Volunteer, and ^1 lands and other property ac- quired by the Company, shall vest in the Commanding Officer for.the time. Civil and erimi- andhissuooessors, with power tosueandmakecontractsandoonveyances,and nai prooeodinga do all Other lawful things relating thereto i and any civil or criminal pro- ceedings taken by the Commanding Officer shall not be discontinued or abated by his death, resignation or removal^ but may be.carried on and riciieriy of die- completed by his successor. In case of the disbanding of a Company, all banded oompanios property previously belonging thei'eto shall be vested in the Governor for the benefit of the Island, 28 V., c. 38, B. 73. Eiemption from AH proceedings under this Act, or any rules and regulations shall be stamps exempt from Stamp Duties, and no proceedings shall be quashed for want Want of form ^f pg^m, 28 V., c. 38, s. 74. Interpretation " Persons" shall include any get of individuals, or a body corporate or incorporate ; "Company," a volunteer Troop of Cavalry or Mounted Kifles or Artillery, or Company of Bifies ; " Corps," Volunteer Companies combined for administrative purposes, or otherwise acting together, or any individual Company, 28 V., c. 38, s. 75. omcers &c ai- All Officers appointed under repealed Acts shall continue so, but sub- mroiied"""'""*"' J®"' '° *'* ^''*' "'■ -^"'^ *" ^^ passed, and all Non-oommissioned Officers and Privates and Members of Band or Drum Corps already enrolled, shall con- tinue to serve as Volunteers, subject to the provisions of this Act, 28 V., 6. 38, s. 78i 4^; MOETGAGBS. MilU River Bath. The Members of the Council and Assembly, and the Custos of Vere inmi-povation ana (as also the Justices, 44 G. 3, c. a9, s. 1), or any three of tliem, were iucor- powers porated as " The Directors of the Milk River Bath,'' and J acre of land, mcluding the Milk Eivcr Bath and Buildings vested in them, with power to lease any part for not exceeding '2i years, and apply the proceeds to- wai-ds increasing the Buildings, and providing iieceBsanes and conveniences for sick and poor people, and with powpr to Appoint and remove for i|r.- glect or misdemeanor, officers and servants, and make rules and regulations, not^iepugnant to the prerogative, or to lai^, or Ecclesiasticnl Canons or con- stitutions of the Church of England. £100 (increased to £300 or £180atg. cantof f i8o«tg. 44 Gr. 3, c. 29. s. 2) granted for sustaining the buildings, and defraying sala- ries and fees of officers and sei-vants. Any Medical man to be appointed Meiiicai Mun to to the Bath, must make oath before he receives his salary, that he has while Jilj'^o"!!' '^Kcpovta in health visited the establishment 3 days of the week at least, and report to AsaBmijiy to the House, at their Session, the result of l;is practice, 33 G. 3, c. 19 ; 44 G 3, c. 29. The Directors were empowered to pufchaso additional land contiguous Aaaitionnl Lonii for Buildings, 34 G. 3, c. 25, s. 1 ; 35 G. 3, c. 36. IHines and Minerals. No Tax or Impost in respect of Minerals whether of Royal or base E,omptod from , Metal, shall bo imposed upon the Mines or Ores, or persons working them taies for 12 yours '%rl2 years, from Ist January, 1855 ; but not to affect Land and Quit Rent -rax, 18 V-, 0. 59. nSiningr Companies- Provisions for the establishment, registration and management of, with limited liabilities, 17 V., c. 32 ; 18 V.,c. ^ ; 22 V., c. 11. Mining Leaees. Powers-given to Corporations, Ecclesiastical or Civil, seized of an Es- tate of Freehold in possession, Tenants for life with immediate remainder to first and every other son in tail, and for Guardians of Infants, and Commit- tees of Lunatics or Idiots, seized of an Estsite of Freehold in possession, with the approbation of the Chancellor of Jamaica, Tenants in dower, or by the curtesy, with the consent of the-pereon seized in reversion or remainder of an Estate of inheritance to grant Leases for 50 years of Mines opened or unopened upon certain conditions (but not mortgagees without the assent of the mortgager). As also persons m possessions under Leases for 99 years, of which not less than 50 years are unexpired, reserving the rights of the Crown, 18 V-i c. 32. Powers to grant leases for 50 .years Mortgagres. v Mortgagees having received satisfaction of the monies due, shall enter satisfaction upon the margin of the record pf the Mortgage, at the request of the mortgager, which shall release the same, and shall, within 3 months after request, and tender of reasonable charges, repair to the office of enrol- ment, and make the acknowledgment : Penalty, £50 (£30 stg.) to the party aggrieved, to be recovered in any Court of Record, 33 C. 2, c. 12, s. 4. Foreigners or aliens may lend money at lawful interest upon the secu- rity of any freehold or leasehold estate, and hold same as an effectual secu- rity for the money lent, 13 G. 3, c. IC, s. 1. On forfeiture of the security and non-payment of the money lent, the legal estate upon which the Mortgage is granted shall vest in the President of the Council, the Speaker of the Assembly, and the Chief Justice for the time, upon the trusts of the original conveyances or securities to the fo- raifrner orjali™ ftr t'l^ money lent; and the foreigners, then- heirs, Svc., may bring and prosecnte, by themselves or their attomies, their actions or bills in any court of law or equity, in the names of the trustees before- mentioned, for the recovery of the moneys due, by sale or otherwise, as 3p Satisfaction Movt g a g 3 aliens valid On. forfeiture le- gal estnte veHtodIn Frosicleiit of t h e Council, &a , in whose names pro- csQilingH may be taHen to enforce payment ^ 490 MOETGAGBS. natural eubjects may, and the trustees shall allow their nauieB to be ubcJ; \ but no such foreigner or alien shall be entitled to obtain or enter into the Foreigner not to actual possession of any such lands or estates, or to foreclose Dhe equity of entev into poBaos- redemption, 13 G. 3, c. 16, s. 2. sion or foreclose ^ * ' ' Levies on morf- The Provost Marshal or his Deputy shall not remove any levy on any fo"^b'' f'"'"K '"" mules, cattle, stocli;, carriages, plautiil,io"u utensils or implements, if llie de- proauctio^o'f'aock"' fondant, his overseer, attorney, trustee, exeontor, &c., or the morigageo oi^ et ana nsidavu person claiming title to the levy in virtue of some ]Mortgage or prior incum- brance, his overseer, &c.f» ^Yitllin 5 day's after the levy, produce to the Provost Marshal or Deputy making the levy, an attested docket^ of the Mortgage or other incumbiance,'.with an affidavit of the defendant, his o^-- seer, &c., or of the mortgagee, &c., his overseer, &c., (sworn be^oiefl Judge or any Justice of the Peace) that to the best of his knowledge, in- formation and belief, the mules, &c. whereon the levy isjmade, are included in the Mortgage or other incumbrance, a docket whereof is produced, or are the increase of the same, and that such Mortgage, &c. is prior to (he execu- tion on which the levy is made, in the following Form ;— No. 1. I, A. B., of the parish of in the said Island, owner, Form of AfDaavit (overseer, trustee, &c. as the case may be) do swear that the (here set forth the particulars of the levy, whether mules, cattle, stock, or plantation ntensils, as the case may be) levied on by Deputy Marshal for the said parish, on the day of instant (or last past, as tlie case may be) on a writ of Venditioni Exponas, at the suit of against (or by virtue of a writ of replevin, as the case may be) are to tlie best of this deponent's knov/ledge, information and belief, either comprised and included, or are the increase of stock comprised and iucliided a certain Indenture of Mortgage, or other incumbrance, bearing if tlie day from to an attested docket whereof this deponent produced to the said De- puty-Marshal at the time of bis making the aforesaid levy, (or as soon"" after as this deponent had an opportunity of so doing, as the case may be) ; and this deponent further saith, that to the best of his knowledge and belief, the said Indenture of Mortgage or other incumbrance' is ' prior to the [execution on which the dele and substitute judgment on which the 19 V., c. 10, s. 39] writ of Venditioni Exponas was issued whereon the aforesaid levy was made. Anil (loknowloag- Aud do also give to the Provost Marshal or his Deputy an acknowledg- ment to aeiijerun- jnent in writing, that the levy has been made, and remains in his hands, lodged, or'HYciya'nf- and shall be produced or delivered over to the Provost Marshal or his De- ter trioi puty on the 1st Monday in tlie succeeding Grand Court, in case no replevin is flled and lodged by the person claiming title under such Mortgage, &%., and in case any replevin is filed, the levy or such.part as shall 'not be I'ftBO- vered by the plaintiff in replevin, shall, within 5 days after trial, be deli- vered to the Provost Marshal or his Deputy, to be sold if the Court so order ; which acknowledgment shall bo in the following Form : — ' No. 2. I, A. B., of the parish of in thesaid Island, owuer, (ove-' lecFKiSmt' ^"''""^ seer, trustee,' &c., as the case may be) do hereby acknowledge that Deputy-]\Iarshal for the parish of aforesaid, did on the day of instant, (or last past, as the case may bej levy on (here set forth the particu- lars of the levy) in my possession on a writ of Venditioni Exponas (if more than one mention them) at the suit of ' against (or by virtue of a replevin at the suit of - against -, as the) case may be, and I do also aokiiow- - ledge that the Baid levy so made as aforesaid remains in my hands and possession , and'-that 1 hold the same ready to be delivered over to. the Provost Marshal or his Deputv, agreeable to a law of this iBland in such case made a,nd provided. 'Given under niy hand this day of one thousand eight hundred and nopio»in to bo The replevin shall be tried within one Court next after that for which cinrtnfw'irougiit 'l '^ brought, unlcss the plainliff is prevented from trying it by such cause as shall, upon amdavit, appear satisfactory to the Supremo Court, 23 G., 3, c. 14, s. 1. Consequences of If any person who has given such acknowledgment refuses, declines or non-deiirory omjts producing and delivering over such levy ar'the time and for the pur-" poae declared, aiid the same is made to appear to the Supreme Conrt, he ' shall be liable, to be jM'oceeded agamst by attachment, fine, imprisonment, or otherwise as to the Court shall seem proper, 23 G. 3, c. I'l, s. 2. If in his absence any Overseer or person resident or employed on the m^?''^"* ° 'j, "J propeJ-ty give theackuo-wledf^ment, the mortgager, mortfragee or other person by" Snow i o°a g- la possession shall be bound thereby, as if be had actually signed and given mont it, and Kable to be proceeded against by the Supreme Court, 23 G., 3 c. It, s. 3. Although not to be removed, the levy shall be deemed in the custody i-c^y t" 1"! '<""•- of the Provost Marshal or his Deputy, but he shall not be entitled to any rrovost Marlffi copaderiifciou by -way of Goal fees, or other fees or charges, until the levy fcos is delivered over to be sold (if such be the case), and then to Goal fees only from the. time of delivery, and to such other fees aa the Provost Marshal is legally entitled to upon the sales of levies, 23 G. 3, o. 14, s. 4. It shall not be necessary at the trial of such replevin to produce the noeiI not bo pro - cattle, &c., but proof at the- trial or under any commission or rule of Court auoed m ti-ini that those mentioned in the replevin are also mentioned and comprised KvMcnoo of Won- in the Indenture of Mortgage or incumbrance produced, shall be sufficient '' proof of identity, 23 G. 3, c. 14, s. 5. Mortgagees or persons claiming title under the Mortgage, &c., or any False awoaring claimants under them swearing falsely upon the trial, shall be guilty of and liable to the penalties of perj ury , 23 G. 3, o. 14, s. 6. Any Marshal with intent to harrass and distress the debtor or de- Mavsimi pmiiBh- fendant in any writ, or the estate or properly against which any writ ia "''''' '""■ tarassing issued, acting contrary to the Act, shall be "punishable by line, and im- "°'°"'»""" Erisf^imeut at the discretion of the Supreme Court, and liable for all such )S3BB, costs, charges, damages and expenses as the defendant or mort- gagee, his executors, &c., may sustain by leason thereof, recoverable upon bcmg taxed, and adjudged by the Court iu the most summary manner by amchment or otherwise, 23 G. 3, e. 14, s. 7. Act not to extend to replevins in any other case, 23 G. 3, c. 14, s. 7. Aotuot tocxtond Wliero action is brought on any bond for payment of money secured, 'nscs '°'"°' '" °""" by Mortgage or performance of the covenants therein, or action of eject- o„ nciioas on ment for recovery of possession of any mortg'aged lands, there being no 'JViortgnso, nona, or suit depending in Chancery for foreclosing or redeeming such mortgaged mo^Tfm Morigagca lands, li the person having right to redeem, and who appears and oe- lands, tuo coiTn on comes Jlefendant at any time pending the action, pay to the mortgagee chS°"ti,'J%igJtZ or bis attorney, or in case of their refusal, bring into Court all the prin- gago and compel cipal moneys and interest due on such Mortgage, and the costs expended " oonvoyanoo, &o in agy suit at law or in equity upon the Mortgage (such principal interest and costs to be ascertained and computed by the Court, or its proper of- ficer, to be appointed for the purpose), the moneys so paid orbrougntin shall be t^ken in full discharge, and the Court may discharge the mortgager or defendant from the same, and by rule of Court compel the mortgagee or hl| attorney, at the cost of the mortgager to assign, surrender or re-convey the mortgaged lands and such estate and interest as the mortgagee has thererein, aad deliver up all Deeds, &c., relating to the title to the mortgager, his heirs, &c., or such persons as they may appoint, 25 G. 3, c 10, 8. 1. Where any bill or suit is brought iu Chancery, to compel the De- wiier« the Oomt fendant to redeem any Mortgage, by payment of the money due thereon of Chancery may or the principal and interest due on such Mortgage, with any money due i"lS?„[,a'Ja'iia|Jj|p' on any iuonmbrance, or specialty charged or chargeable on the equity of tion before the suit r^jTemption, and in default of payment to foreclose the equity of ledemp- jJJ^^J'„°?^'" " * tion, tiie Court of Chancery on application by the defendant having rig** to :redeem, and on his admitting the plaintiflfs title, msty at any time before the suit is brought to a hearing, make such order or decree as might have been made in a cause regularly brought to hearing, and all parties shall be bound thereby, but the Act "shall not extend to any case where Act not to extend the person against whom redemption is prayed by writing under his hand, p^^SS fne'i s't » or that of his Attorney, Agent or Solicitor, to be delivered before the money that the defendant is brought into the Court of law, to the Attorney or Solicitor, &e. for the other J^'^J" '!»■>' '» '<'• side, insists that the pslrty praying a redemption has not a right to redeem, or that the premises are chargeable with other principal sums than ap- pear on the face of the Moi-tgage, or are admitted on the other ^ide, nor to any ease where the right of redemytiou in any eatisie oc suit is cen- NAVAL «EEViaE, , troverted or questloued between different defendants in the same cause, nor shall prejudice any subsequent Mortgagee ^or incumbrances, 25 G. 3, e. 10, B. 2. Saiisfnoticiii, dis- When any person entitled to any freehold land by way of Mortgage ano8*of mortgagod ^^ departed thiB life, and his executor or admiriisti'ator is entittledio the laiidby eiBcutoror money Secured by the Mortgage, and the 'legal estate is vested in the admmistratorwhen jjeir or devisee of the Mortgagee or the heir, devisee, or other assign of such heir or devisee, and possession has not been taken by virtue of the Mortgage, nor any action or suit be depending, such executor or ad- ministrator may, upon payment of the principal and interest due to him on the Mortgage, enter satisfaotion on the margin of the record in the Secretary's Office, or otherwise may convey by Deed, or surrender as the case may require, the legal estate which became vested in such beirai or devisee, and such entry of satisfaction or conveyance shall be as ef- fectual as if it had been made by any such heir or devisee, his heirs or " v., 0. 19, s. 7. Bonaiide raceipts The bona fide payment to and receipt of the survivor, or survivors of of Burvivorn or oie. t^j, o[. more Mortgagees, or the" Executors or Administrators of such survi- "" vors, shall eifeotually discharge the person paying from seeing to the ap- plication or being answerable for the misapplication of the money, unless the contrary be expressly declared by the instrument creatiniz the securitv, 8V., c. 19, S.8. Mutual Debts Set Off. Dobu which may Where there are Mutual Debts between plaintiff and defendant, or if be sot off ' either party sue or be sued as Executor or Administrator, where there 'are Mutual Debts between the Testator or Intestate and either 4)arty, one debt may be Set against the other, and such matter be given in evidence upon the general issue, or pleaded in bar as the nature of the case requires, pro- wheii not pleaded vided the manner after prescribed be, observed so, as at the time of his notice of act off to pleading the general issue wheie any such Debt of the plaintiff, his Testator of general Issue '"'" Or Intestate is intended to be insisted ou. in evidence, notice be given of the particular sum or Debt intended to be insisted on, and upon what account It became due, or otherwise the matter shall not be allowed.in evidence upon such general issue, 10 G. 3, c. 1, s. 1. Where the action In all cases whei'c eiUier the Debt for which the action is brought or the ordobttobesetoffia .Debt intended to be Set Offacorues by reason of any penalty contained in bSpreTdSdinbar""" any bond or specialty, the Debt intended to be Set Olf shall be pleaded in Judgment if for bar, in which plea shall be shewn how much is justly due on either side, plaintiff to be en- audif the plaintiff recover judgment, shall bo entered for no inore than ap- tum'duTou balance P^'"'''^ '» be justlv due to him after one Debt being Set against the otEer, 10 G. 3, c. 1, B. 2 ^ Naval Officer. Office abolished His Patent having been revoked, all acts imposing duties or penal- ties on and establishing fees for the Naval Officer, were repealed, 10 G- 4, c. 13. Naval Service. Property vested in Property ill Lands, purchased at various times, and conveyed in Trust the Lords Commis- for the Crown, or to be purchased for the use of the Naval Service was S?ai'ty°' "'° ■*■*' ■t'ested in the Lords Commissioners of the Admiralty, 26 V., S. 1, c. 2. The follQwiug enactments appear to have been from time to time made, relatmg to Naval Property. 13 G. 2, c. 11,^ Axtell's Pen, St. Andrew, adjoining Port Royal Hat- bour, for a Hospital. 29 a. 2, c, 18, Port Koyal Naval Hospital. 39 G. 3, c. 10, " X " 59 G. 3, 0. 14, " \ 22 v., c. 7, " " 23 V. S. 1, c. 7, 7 G. 2, c. 4, Port Royal Dock Yai-d. 14 a. 2, 0, 2, " " 66 &, 8, c. as " " NOTARIES PUBLIC. 34 Acres, 2 Roods of Land, were purchased from the Parish of Port Royal, by Alexander Donaldson, conti'actor for victtialling the Navy, for buildings to. contain the stores and provisions, and for the accommodation, of the agents, clerks, and labourers employed in that service, but no buildings were to be erected within 500 yards of the foot of the Glacis, 41 G. 3, c. 30, e. r. .;, A private Act was also passed in 1828, 9 G. 4, to carry into effect an agreement with John Brown, for the purchase of lauds and buildings for a Naval Convalescent Hospital. Naval Stores. Statute 9 and 10 W. 3, c. 41, for pi'eventing embezzlement of Naval Stores, and Frauds in paying Seamen's Wages declared in force, 32 G. 3, 0. 27. • Notaries Public * The Governor may, by Wai-raut .under his hand and seal, commission and appoint as many persons as he tliinks fit to be Notaries Public, to dis- charge the duties assigned to the Office by the laws of Great Britain, and -of this Island, or by the practice of commerce, 28 V., o. 16, s. I. Before .entering upon the duties of his office, each Notary shall, under a dedimus to be issued by the Governor, be sworn well, truthfully and faithfully to discharge such duties, 28 y., c. 16, s. 2. Before noting any protest, where the cipoumetances appear to the No- tary to be suspicious, and not warranting the protest demanded, he shall refuse to act, until, by an order of 2 Justices in Petty Sessions, the person v., 0. 16, s. 3. When aprotest or other Notarial Act is refused, the Notary shalf mark on the Log Book, Bill of Exchange, or other document, his refusal- to the effect, " protest refused," with his signature, and date of refusal sub- scribed, 28 v., o. 16, s. 4. • • It shall be a misdemeanor, punishable by fine or imiprisonment with or without hard labour, not exceeding 3 years, cr by both line and impri- sonment, 'for any Notary or other person falsely to certify or propound "any statement, document or thing, or fraudulently with intent to deceive, to conceal, withhold or pervert any fact, document or thing, pertinent to the subject of protest or other Notarial Act, 28 V., c. J6, s. 5. Notaries shall be deemed Officers of the Supreme Court, and liable to its summary jurisdiction, Snd on a certificate from the Court of misconduct, the Governor shall discharge the oftender fi'om his Office, 28 V., c. 16, s. 6. Stamps to be impressed on eaoh Commission, to be counter-signed by the Clerk of the Supreme Court. - £ s. d. For the whole Island 10 " The City of Kingston 6 ■" Any other 'Parish .... .... 3 28 v., c. 16, s. 7. ■ Instead of the Impressed Stamp of 4s prescribed by the Stamp Act, a 5s Adhesive Stamp may be substituted, if duly cancelled as prescribed, 28 v., c. 16, s. 8. Their fees shall be, exclusive of Stamps : For subscribing and sealing a Protest 10 6 Drawing and preparing same if requii-ed, per legal sheet of 72 words .... 5 6 Copies of Documents therein, per legal sheet .... 026 28 v., 0. 16, s. 9. , Act not td come into operation until H. M'S. assent has been proclaimed) 93 v., e. ie( a. 10, Appoiutmeut] , Pro taatB under EUspicioua circum- «tauces Itefusal of protest to bo marked on documeat False certtficatee or fraudulent con- cealment, &c, in protests To be officers of the Buproma 'Court Discbarge from offlca Stamp on Com- mlssicm Adhesive Stamp See Stamps, 38 V., c. 9, 8. 34 Oomniflaoffminfe Quakers and Mo- ravians Declarations sub- stituted Oath of alle^iauce Oaths, &c. in Courts of Justice, and on summary convictions Foes Fornj of declara- tion False declaration Unauth orized oaths not to be ad- tniniatorod OATHS ANIi AFPIKMATIONS AKD OEOLARATIONS. Oaths and Affirmationii and Declarations. Quakers aiid Morasjans^may, in Criminal eases, make solemn afflr- mation or declaration, iiisteaS oi taking an oath, in the words ; I, A. Bl, do ; solemnly, sincerely and truly declare and affirm," which shall be of the same force and effect as if they had taken an oath in the usual form. Mak- ing a false affirmation or declaration punishable as perjury, U G. i, c. 19, 8. 10. Where by any Act made or to be made relating to the •Eevcmio, the Office of Stamps and the collection of Public and Parochial Taxes, Certi- ficates of the giowth and manufacture of produce, or by any offlcisil regu- lation in any department, any Oath or Affidavit might but for this Act be required to bp taken or made by any person on the domg of any act, or for the purpose of verifying any book, entry or return, or for any other purpose whatsoever, a declaration may be substituted before a Justice, who is empowered to take and subscribe the same, 6 V., c. 24, s. 1. The Vestries, Corporation of Kingston, and any other Body Corporate, now authorized to administer or receive any Oath or Affidavit may make bye-laws or order,?, directing the substitution of Declarations, unless repug- nant to the Laws of the Island, 6 V. q, 24, 6.2. Act not to apply to the Oath of Allegiance, in any case in vphich it may be required to be taken by any person appointed to any office, but it shaft coirtinue to be required emd oe administered and taken, 6 V., u. 24, s. 3. Nor to any Oath, Affidavit or Affirmation in any Judicial proceeding-' in any Court of Justice, or in any proceeding for or by way of summary conviction before any Justice, 6 V., c. 24, s. 4. " Wlienever any Declaration is to be made and subscribed, the fees which would have .b.een payable on the taking and making any legal - Oath or Affidavit, sliiall be in like manner payable upon such Declaration, »' 6 v., c. 24, s'. 5. When a Declaration has been substituted, or is directed or autho- .' rizedto be made and subscribed, although not sirbstituted in lieu of an Oath heretofore legally taken, it shall, unless otherwise directed , be in the Form prescribed iu Schedule, 6 V., c. 24, s. C. Wilfully and corruptly making and subscribing any such Declaration, knowing it to be untrue in any material particular, declared a Misdemeanor, 6 v., c. 24, s. 7. No Justice or other person shall administer, or cause, &c., or allow to be administered, or receive or cause, &o., any Oath, Affidavit or solemn Affirmation, touching any matter whereof he 'has not jurisdiction or cogni- zance by some statute in force at the time. Not to extend to any Oath, &c., touching the preservation of the peace, or the prosecution, trial or punish- ment of offences touching any proceedmgs before the Council or Assem- bly, or any Committee thereof, or which may be required by the laws of any foreign country to give validity to instruments to be used there, 6 v., 0. 24, s. 8. Act not to extend to Oaths, &o., of Governor, Members of Council, crAssembly, Judges, Justices, or Public Officers, upon entering upon or during their continuance in office, 6 V., o. 24, s. 9. A Declaration before a Justice shall be required and taken in lien of any Oath or Affidavit rSquired under any Act relating to any Highways, &c., or for improving any City, Town or place, or touching any trust relating thereto, 6 V., c. 24, s. 10. Declaration SCHEDULE. I, A. B., do solemnly and sincerely declare that and I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act, made and passed iu the sixth year of Her Majesty's reign entitled " An Act to abolish Oaths and Affidavits except in certain cases, and to substitute decla- , rations in lieu thereof, and to suppress voluntary and extra-judicial oaths and affidavits. Taken and acknowledged before me The Oaths oi Allegiance, Supremacy aud Abjuialiou need not be taktn OBIilSATIONS, 20 YEABS^HOTMANT. 4SS by auy perBon upon liia electiou or appointment, to any corporate, public or parochial offlcei more than once durnig the reign of the same Sovereign, nor shall any such person be liable to any penalty, disability or for- feiture for not takina; them oftener, 2(5 V., S. 3, c. :i, In Acta after llic first day of next Sessions (IBtli October, 1S51),) the interpretntion words " oath," " swear," " afli'idavit" shall include affirmation and declara- tion in the case of persons by la\Y allowed to declm-f or afflrai instead of swearing, 18 V. c. 31 , s. 6, Obeah and IHyalism. When auy person is convicted of being a dealei in Obeah or JSIyalism, summary trial or pretending or professing to IcU fortunes, or nsiiig or pretending to use and conviotisn any snbtle, craft or device, by palmistry or tiny snch like superstitions means to deceive or impose on any of Her Majesty's Biibji^ets, by means ^ ^eieof, before 2 Justices, he may be committed to the nearest prison to ^Tiard labor not exceeding 3 calendar months, 19 V., c. 30, s. 1. , Or the Justices may send him for trial at the next Circuit Court, puniaiinient on in- where he may be sentenced to imprisonment with hai'd labor for not ex- aictmont ceeding 1,' calendar months, and corpora! piinisiiinent, not exceeding 78 lashes, nor more than 39 lashes, shall be infticted litonc lime, and one month -shall elapse between each infliction, 19 V., c. 30, s. '}. Any person who for fulse, crafty, or unlawful purposes sliulj pretend to Meiningofobeau the possession of supernatural power, or wlio by threat, promise, persuasion or action shall induce or attempt to induce any other person to believe \v-\ can by the exercise of any such supernaturhl power, bring nbont or eHei:; any object or carry out any design of his own, or of any other person, or for the purpose of carrying out any sucli design or ol^ject, shall falsely. ranningly or unlawfully make use of omens, 'spells, cliarjns, incantations or otiier pieternatural devices shall be deemed an Oi)6ali.oj' Myal-mau, or a dealer in Obeah, and Myalism, and the words Obeah-and Jlyalism under- stoood to be of one and the same meaning, and tbe like olfence, 21, V., o. 24, s. 1. . Upon information on oath, stating reasons for tlie belief, that any per- soavcu Warrant, son is by habit an Obeah or Myal-man, any Justice may issue a Search *o, "Warrant, directed to any Constable, to enter the dwelling or other pre- mises of the party by force, if necessary, between sunrise and sunset, and make diligent search for any materials, characters or things, pretended to be possessed of some occult or unintelligible power in assisting dealers in Obeah and Myalism, in their evil practices, and if any be found, to bring them with the party informed against, before the sai5 or some other Jus- tice, who may commit the accused, in default of bail, to the nearest lock- ' up, or other place of detention, to be brought before the sitting Justices at theu- next or some other Session ; and any Obeah or Myal-mau by habit ii„,i„(, i„ po,. or repute, convicted before 2 Justices, of having in his possession or on- his sion charms, &c. premises, any charm, character or other tiling as aforesaid, shall be seu- tenccd to , be imprisoned to hard labor, not exceeding .CO days, 21 V., c. 24, s. 2. Any person on behalf of himself or on account of any other person, confiuiiing deal. who shall consult any one pretending to be a dealer In Obeah and Myal- era in obeaii ism, with the intention of doing any person an injury, either in liis person, situation or property, or witli auy 'criminal intent, not amounting to solici- tation to commit felony, or auy other crime now puuisliable by law, shall on conviction before 2 Justices, be sentenced to hard labour, not ex- ceeding 3 calendar months. Any person consulting any person pretend- ing to be a dealer in Obeah and Jlyalism, to effect by the excicipo of his pretended power as an Obeah or Myiil-man, niiy object, or bring about some event, although riot injurious lo others, nor connected with any cri- minal intent, but which the consulting party wishes to accomplish Ii'y the, . supposed supernatural agency of Obeah or "Myalism, sli.ill forfeit not ex- ceedinu 40s exclusive of costs, and in default of paymont, at ?nch time as the Justices direct, shall be imprisoned without hard labour not exceed- ing 30 days, 21V., c. 3!, s. 3. OUigrations, 20 Years Dormant. All bills, bonds, and mortgages, judgments and other writings obliga- V"'!? 4d6 OFFENCES AGAINST THE PERSON. tory -whatsoever, whereon no payment hap been or- shall be made, or which have not been or ehall not be legally demanded within the space of 20 years, from the time they became due, or from the last payment aSfm-ei" " '' " "^*i'*on, shall be null and void, to all intents and purposes. But not to ex- " '* tend to any person under 21, women under coverture, or pei'sous of nn- sound memory, provided they bring their actions to recover any such demand within 3 years after attaining 21, or becoming sole or sane, 39 U. 3, c. 13, B. 4. S. Offences agrainst the Peraon. Whosoever is convicted of murder shall suifer death as a felon, 27 V. 1, c. 32, s. 1. Sentence of denth Upou conviction, the Court shall pronounce sentence of death to be Treatment of pri- carried iuto execution aa heretofore. The person convicted after sentence •onernfter convic- ghall be Confined in some place within the prison apart from all other '"" prisoneis, and be fed on bread and water only, and with no other food or liquor, except in case of receiving the Sacrament, or in case of any sick- ness or wound, when the Medical attendant of the prison may order other necessaries to be administered, and no person but the Goaler and his servants, and the Chaplain and Medical attendant of the prison shall have access to him, without the permission, in writing, of the Court, or of the Provost Marshal or his Deputy. In case the Court think fit to respite the execution of the convict, the Court or a Judge may by a license in writing relax daring the period of the . respite all or any of the above restraints or regulations, 27 V., S. 1, c. 32, s.2. Conap i r n c y to murtlor Mnnslangrliter Conspiring, confoderathig and agreeing to murder any person, whether a subject of H. M., or not ; soliciting, encouraging, persuading or endea- vouring to persuade, or proposing to any person to murder another whether a subject or not, a Misdemeanor : penal servitude for not more than 10 and , not less than 3 years, or imprisonment not exceeding 2 years, with or without hard labour, 27 V., S. 1, c. 32, s. 3. AVhosoevpr is convicted of Manslaughter, shall be liable to be kept in peual servitude for life, or not less than 3 years, or to imprisonmeiit not ex- cee'img 2 years, with or without hard labor, or pay such fine as the Court awards, in addition to, or without anv snch other discretionary punish- ment, 27 v., S. 1, c. 32, s. 4. In any indictment for murder or manslaughter, or for being an accessory, it shall not bo necessary to set forth the manner in which, or the means by which death was caused, but it is sufficient in any indictment for Murder, to charge that the defendant did feloniously, wilfully, and of his malice a fore- thought, kill andmurderthe deceased, and sufflcientm any indictmentfor man- slanghtor, to charge the defendant did feloniously kill and slay the deceased, and in any indictment against any accessory to any Murder or Manslaugter, to charge the principal with the Murder or Manslaughter, as the case may . be as above, and then to charge the defendant as an accessory, as hereto- fore, 27 V., S. 1, o. 32, s. 5. No punishment or forfeiture shall be incurred by any person who kills another by misfortnne, or in his own defence, or in anv other manner without felony, 27 V., S. 1, c. 32, s. 6. Every offence which before 7 W. 4 c. 41 would have amounted to pe- tit treason shall be deemed Murder only, and no greater offence ; and persons guilty in respect thereof as principal or accessories, shall be dealt with, nidictod, tried and punished as principals or accessories in murder, 27 V., S. l,c.32, s. 7. Offence partially Where any person being feloniously stricken, poisoned, or otherwise o" ihe'iaC'' "'" hurt upon the sea, or at any place out of this Island, dies of such stroke, poisoning or hurt in this Island, or being feloniously stricken, &c., at any place in this Island, dies of such stroke, isfec, upon the sea or at any place out of this Island, the offence whether Murder or Manslaughter, or being accessory, may be dealt with, enquired of, tried, determined and punished in the parish or precinct in which such death stroke, &c., happens,'in the same manner m all respects as if the offence had been wholly committed in that parish or precinct, 27 V., S. 1, c. 32, s. 8. MlsfoTtnne r:elf DfifenCQ Petit Treason GFFENCES AGAINST THE PERSON. "£9^ Administering to orcnuBiug to be admiuistered to, or taken Uy any per- Administ o ring son any poison or other destructive thing, or by any means whateve; woiind- tommdor' ""°"' iug or causing any grievous bodily liarm to any person with intent t'a com- jnit Murder: Felony ; penal servitude for life, or not less than 3 years, or jm- piisonmeut not exceeding 2 years, with or without hai'd labour, and witli or without solitary oouliuement, '27 V., S- 1, o. 3i, s. 9. By explosion of gunpowder or otier explosive substance destroying or Doatioying baiid- damaging any building with intent to commit murder : the like, 27 V., silltnuocs'wffin' S. 1 , C. 32, S. 10. tont to iniirdoi- Setting tire to any ship, or vessel, or any part thereof, or any part of the oi-^BoSol'dostro^ tackle, appai'el or furniture thereof, or any goods or chattels therem, ,or cast- Ids, Sia , -niih m- lug away, or destroying or attempting to destroy'any ship or vessel with 'on' to mmdor intent to commit murder : the like, 27 V., S. 1, c. 32, s. 11. Attempting to administer to, or attempting to cause to be administered nihii8t™'"&l '"nlli- to or be talien by any person, any poison or other destructive thing, or sou • or' to "shooti shooting at any person, or by drawing, a trigger, or in any other manner at- "if'™ ■"■ '" »''.»'• tempting to discharge any kind of loaded arms (see s. 17) at any person, or B'" ■>"'■' '"'™'. ^^ attemptmg to drown, suffocate or strangle any person with intent to com- mit murder, whether any bodily injury be effected or not : the like, 37 v., S. 1, c. 32, B. 12. - Attempting to commit murder by auy meaus otlier than above spe- ^^ft'SP.?'",^,,'" cified : the like 27 V., S. 1, c. 32, s. 13. Soiuf '^ '^ Maliciously sending, delivering, or uttering, or dh'ectly or indirectly cans- Lcttoi-a thrcaton- ing to be received, knowingtheobntentsthereof, any letter or wi-iting threat- '."s'" Wu or mur- ening to kill or murder any person: Felony ; penal servitude, not exceedinglO °' years, nor less than 3, or imprisoument not exceeding 2 yeai-s, with or without hard labor, and with or without solitary ooufiuement, '27 V., S. 1, c. 32, s. 14. Unlawfully and maliciously preventing or impeding auy. person being Prevonting ftom on board of, or having quitted any ship or vessel in distress or wrecked, "s^vinB iifo from stranded or cast . on shore, in his endeavour to save his life or prevent- °°^ ' '' ing or impeding any person in his endeavours to save the life of any such persons as in this section first aforesaid : Felony ; penal servitude for life, or not less than 3 years, 'or imprisonment npt exceeding. 2 years, with or without hard labor, and with or without solitary confinement, 27 V., S. 1, c. 32, s. 15. Unlawfully and maliciously, by any" means wounding, or causing auy wounding gvla- grievous bodily harm to any person, or shooting at auy person, or by voua boduj; hcirm, drawing s, trigger, or in any other_ manner attempting to discharge any iJ"£°'isJf' ^aJji'a/ifZ kind of loaded arms at any person with intent to maim, disfigure or disable, to maim| disaplro or do some other grievous bodily harm to Einy person, or with intent to or dUaMo. do bodily resist or prevent the lawful apprehension or detaiuer of any person ; the iJJhinsion"™' "'' like, 27 v., S. 1, c. 32, s. 16. Any Gun, Pistol or other Arms loaded in the barrel with gunpowder Load o d a r mfj or any other explosive sabetance and ball, shot, slug or other destructive whn' material, shall be deemed Loaded Ai'ms within this Act, although the at- tempt to discharge the same may fail from want of proper priming, or from any other cause, 27 V., S. 1, c. 32, a. 17. Unlawfully and maliciously woanding, or inflicting any grievous bodily Wounding, &o., harm upon any other person, either with or without any weapon or in- 'Tif "^ without sti'ument : Misdemeanor ; Penal servitude for 3 years, or imprisonment '''"p™ not exceeding 2-years, with or without hard labor, 27 V., S. 1, o. 32, s. 18. By any means attempting to choke, suffocate or strangle any other, Attompting to parson, or, by anjr means calculated to choke, &c., attempting to render choko suffocate ot any other person lusensible, unconscious, or incapable of resistance, with "'"ngio intent thereby to enable oneself or any other person to commit, or with intent thereby to assist any other person in commiting any indictable offence : Felony; penal servitude for life, or not less than 3 years, or impri- sonment not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 32, s. 19. Unlawfully applying or administermg to, or causing to be tukeu by, or J^pplJ,. „ „ ^.^ attempting to apply or administer to, or attempting to cause to be adminis- chloroform, Lauda- tered to, or taken by any person any chloroform, laudanum, or otlier atupefy- J"" °'' ""psfyin* ing or overpowering drag, matter or thing, with intent there6y to enable 3q M Foisoning, &c., to, as to endODger life, Sec OrFENCES AGAIKST THE PERSON. oneself or any other person to commit, or with intent to assist any other person in committing any indictable ofTence : the like, 27 V., S. 1, c. 32, s. 20. Unlawfully and maliciously administering to, or causing to be ad- ministered to, or taken by any other person any poison or other destructive or' noxious thing so as thereby to endanger the Hfe, or -inflicf upon such ferson any grievous bodily harm: Felony; penal sei-vitude not exceeding years, nor less than 3, or imprisonment not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 32, s. 21. Or to injure ag- Unlawfully and maliciously administering to or causing to be adminis- grievo or aiiiioy tered to. Or taken by any other person any poison or other destructive or noxious thing with mtent to injure, aggrieve or annoy such person : Misde- meanor ; 3 years penal servitude, or imprisonment not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 32, s. 22. Jury may upon If upoii the trial of any person for any Felouy under s. 21, the Jury are trial under ». 2 1 not Satisfied that the accused is gnilty thereof, bat are satisfied that be is mJdor s. M ° g"iltj of ^ny Misdemeanor in s. 22, they may acquit him of the Felony, and find bim ■ guilty of the Misdemeanor, and thereupon he may be pun- ished as if convicted upon an indictment for such Misdemeanor, 27 V., S. 1, c. 32, s. 23. Unlawfully abaudoning or exposing any child under 2 years, whereby its life is endangered, or health is or is likely to be permanently injured : Misdemeanor ; 3 years penal servitude, or imprisonment not exceeding ^ years, with or without hard labor, 27 V., S. 1, c. 32, s. 24. * Unlawfully and maliciously, by the explosion of gunpowder or other exj)losive substance, burning, maiming, disfiguring, disabling or doing any gnevous bodily harm to any person : Felony; penal servitude for life, or not less than 3 yeai-s, or imprisonment not exceeding 2 years, with or without hard labor, and with or without solitary confinement, 27 V., S. 1, c. 32, s. 25. Unlawfully and maliciously causing any gunpowder or other explo- sive substance to explode, or sending; or delivering to, or causing to be taken or received by any person, anyexpIosiVB substance, or any other dangerous or noxious thing, or putting or laying at any place, or casting or throwing at or upon, or otherwise applying to any person any corrosive fluid or any destructive or explosive substance, with intent to burn, maim disfigure, or disable any person, or to do some grievous bodily harm to any person, whether any bodily injury be effected or not: Felony; the like, 27 v., S. 1, c, 32, s. 26. Unlawfully and maliciously putting or throwing upon or across any Eaiiway or Tramway, any wood, stone or other matter or thing, or taking up, removing or displacing any rail, sleeper or other matter or thing bfe- longing to auy Kailway or Tramway, or turning, moving, or diverting any points or other machinery belonging to any Eaiiway or Tramway, or making or showing, hiding or removing any signal or limit upon or near to any Eaiiway or Tramway, or doing or causing to be done any other matter or thing, with intent to endanger the safety of any person travelling, or being upon such Eaiiway or Tran: way : Felony ;,penal servitude for life, or for any term not exceeding (not less than) 3 years, or imprisonment not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 32, s 27. Endangering or causing to be endangered by any unlawful act, or wilful omission or neglect, the safety of any person conveyed by, or being in ov upon a Eailwaj or Tramway, or aiding or assisting therein : Misde- meanor ; imprisonment not exceeding 2 years, with or without hard laUar, 27 v., S. 1, c. 32, 8. 28. By threats or force obstructing or preventing or endeavouring to ob- struct and prevent any Clergyman or other Minister in or from celebrating Divine Service, or otherwise officiating in any Church, Chapel, Meeting- house, or other place of Divine Worship, or in- or from the performance of his duty in the lawful burial of the dead in any Church-yard or other burial place, or striking or offering violence to, or upon any civil proceee, or, under pretence of executing any civil process, arresting any Clergyman, or other Minister engaged in, or, to the knowledge oi the offender, about to be engaged in any of the rites or duties aforesaid, or j;oing to perform the same or returning from the performance thereof I aflsdemeanor ! im- Exposing cliildren under 2 years Burning, maiming, disfiguring, disaijl' ing, &c., by explo- sive substances Attempting to do BO by sending, &c., explosive substance Uaating, throwing, &e. I corrosive fluids &c Whether bodily injury elTected or not Throwing wood, &c., on railway or tramway, diverting points. Sec, shew Ing or hiding, &e., signals to endanger safety Endangoriug by unlawful act or neglect, safety on railway or tram- way Aesualts Preventing elovgy, &p. from perform- ing divine service, ScCf arresting them OFFENCES AGAINST THE PERSON. 49^ piisonment not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 32, s. 29. Assaulting and sti'iking, or woun'ding anv Magistrate, Officer or other Assauitingmngis- pereon lawfully authorized in or on atcount of "the exercise of his duty, in or 8o"ation if vesS»" coucerniag the preservation of any vessel in distress, or of any vessel, goods >■> autresB or gooda or effects wrecked, stranded or cast on shore, or lying under water : Mie- demeanor ; penal servitude for not exceeding 7 years, nor less than 3, or im- prisonment not exceeding 3 years, with or without hai'd labor, 27 V., S. 1, c. 32, s. 30. = J . ^ > > 1 Assaulting any person with intent to commit Felony, or assaulting, re- As»auit» with in- sistine or wiUuUy obstructing any Peace Officer in the due execution of m„V """""' his duty, or any person actnig in his aid, or assaulting any person with Peace officers una intent to resist or prevent the lawful apprehension of himself or any other »"=»"» '" "'''• ■'='■■ person for any offence : Misdemeanor ; imprisonment, not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 32, s. 31. Unlawfully and. with force hindering or preventing any seaman or prtSt'e e am'o n° person labouring on board any vessel from working at or exercising his io., from working lawful trade, busines or occupation, or beating, or using any violence to any a' 'rodo on board snch person with intent to hinder or prevent him from working at, or ej;- ercising the same, punishable, on conviction before 2 Justices, by imprisun' ment in the Common Goal, General Penitentiary, or Disti-ict Prison ; and if in either of the latter, to be liable to be kept, in addition, to hard labor for not exceeding 3 months. No person so punished shall be punished for the same offence under any other law, 27 V., S. 1, c. 32, s. 32. Beating or using any violence or threat of violence to any person, with A8«auu» lo pre- intent to ^pter or hinder him from buying, selling or otherwise disposing of, J"""' Knfrket^or or to compel him to buy, sell, or otherwise dispose of any poultry, hogs, atop the conveyance grain, frmt, or fish, or other provisions or food, in any Market or other place, "feooii' or beating or using any such violence or threats to any person having the care or charge of any poultry, hogs, grain, fruit or fish, or other provisions, whilst in the way to or from any City, Market, Town or other place with in- tent to stop the conveyance of the same, junishable in like manner as in s. 32, before two Justices ; and persons so punished, not to be punished for the same offence by virtue of any other Law, 27 V., S. 1, c. 32, s. 33. Any person unlawfully assaulting or beating any other person, on com- AasaiUt or battery plaint by or on behalf of any person aggrieved, and on conviction before 2 Justices, may be committed to the Common Gaol or District Prison, or Ge- neral Penitentiary, with or vrithout hard labor, not exceeding 2 months, or else forfeit and pay a fine, not exceeding, with costs, if ordered, £5 ; and, if not paid immediately after conviction, or within such period as the Justices at the time of conviction appoint, he may be committed as above, unless the fine and costs be sooiier paid, 27 V., S. 1, c. 32, s. 34. When any person is charged before 2 Justices, with an assault or bat- Aasaulti on cui- tery upon any male child whose age does not, in their opinion, exceed 14, or '^"'^ '"^ females upon any female either on the complaint of the party aggrieved or otherwise, the Justices, if the assault or battery is of such an aggravated nature that it cannot, in their opinion, be sufficiently punished under the above provisious as to common assaults and batteries (s. 34), may proceed to hear the same', in a summary way, and, if proved, commit the offender, who shall be liable to be imprisoned in the General Penitentiary, or in any District Prison, with or without hard labor, or without hard labor in any Gaol, for not ex- ceeding 6 months, or to pay a fine, not exceeding, with costs, £20, and in default of payment, to be imprisoned as aforesaid, not exceeding 6 months, unless sooner paid ; and if the Justices so think fit, in any case, to be bound to keep the peace, and be of good behaviour for not exceeding 6 months from the expiration of such sentence, 27 V., S. 1, c. 32, s. 35. If the Justices upon hearing any such case of assault and battery under may aumiss cms 8. 34 or 35, upon the merits, deem the offence not proved, or find the assault "■>«»' '■ 34. 35 or battery to have been justified, or so trifling as not to merit any punish- ment, and accordingly dismiss the complaint, they shall forthwith make out Certiaoate a certificate under iheir hand, stating the facts of such dismissal, and de- liver it to the paity against whom the complaint was preferrdd, 27 V. S. 1, /. "^O o ^fi Releaaofrom fur- c. o-i, H. ou. jjjgy proceedingg, If any person has obtained such certificate, or having been convicted ^f^'pa'raonr'w'h'o has paid the whole amount adjudged to be paid, or suffered the imprison- have obtained certi- ment, or imprisonment with hard labor, awarded, he shall be released ftom S"***" »'. ™'i=''- ' ^ ' ' gone punishment §QQ_ . OFFENCES AGAINS** THE PERSON. juiUoos to abstain all Inrtlier or'Othm'HFOoeedilige, civil pr Criminal, for the same eaaee. In if°o8sa^t"''a°"om' case the JusUoes find the assault or batteij complained of to have been ac- paniod by ottompt companied by any attempt to commit Fj&^eny^ or are of opinion the *" a°f.t'?ub'e'ot°for ^^^^ '^ from any other cu'cumstance a lit suojept for prosecution by In- inoiotnioSt'''" dictment, tliey shall abstain from any adjudioation, and deal with the case orwhCTejuoattans iu all respecte as if they had no aat'hority.finaHy,to hearit. Nothin|[^ere- orinso°v'noy'orBi' in shall authorize any Justices to determine .any ■ case of assault or' bajt- eoiitioji of process tery, in Tft'hich any question' aiise^ as to the title to any lands,- or any in- terest therein, or accruing therefrom, or as to any insolvency or_ any exe- cution under the process of any Court of Justice, 27 V., S. 1, c. 32,' s. 37. Punisiimon^t on 'Wliosoever' is convicted upon an Indietmeot of any Assault oocasioniijg' snuiis^oooniaonira; acthal bodily harm, shall be liable I to penal servitude, for ,3* years, bod:iyharm ' or imprisonment not exceeding 2 years, -with or without hai'd laboi'-'; for a Eor common as- common assault to imprisonment not exceeding 1 year, with or.-wifaiBti< saaUB hard labor, 27 V., S. 1, c. 32, s. 38. •' Kopo _ Rape, Felony : penal servitude for life, or not lesg than 3 y«ars, or im- , nrisonment not exceeding 2 years, with or without hard labor, 27 V., S. 3, c. 32, s. 39. ■ ■ Procnring illicit Procuring by false pretences, false reprea^tations, or other fraudu-' connection with lent mcaus, ally wonian Or girl uijder 21' years, to have illicit carnal coiinec' Sorli" °' ^"' """ '■'"'^ ^''''* ^"y ™''° ' Misdem^nor ; imprisonment not exceeding 2 years, with or without hard labor, 27 'V., S. 1, c. 32, s. 40. Abusing girl un- Unlawfully and carnally knowing (see s. 54,) and abusing any girl " dor 9 under 9 : Felony, penal servitude for life, or not less tban 3 years, or impri- sonment, not exceeding 2 years with or without hard labor, 27 V., S. 1, ■ c. 32, E. 41. ■ u„a„i. 11 Any girl above 9 and under 11 : Misdemeanor ; penal servitude for 3 years, or imprisonment, uoj exceeding 2 years, with or withouLhard labor,' ■ 27 v., S. 1,0.32, s. 42. • ,. ■:« - indocont assault 'Whosoever is convicted of any indecent BiSaault Upon any female, or of Attempt to abuse any attempt to have carnal knojvledge' of^'any girl under H, shall be lia- •girinndci-ii blo to imprisonment, uot exceeding 2 years, -wither without nard lafibr, 27 v., S. 1, c. 32, s. 43. Abduct ion of 'Where any woman of any age has any interest, wliethaftlegal or equit heiress or next of able, present or future, absoIute,.'Conditional, or contingent, or any real ' fucio""" """"''^ ""^ or personal estate, or is a presumptive heiress .or coheiress, or presumptivB , next of kin, or one of the presumptive next of kins to any one -having • such interest, whoever, from motives of lucre, takes away or detains such woman against her will witli intent tojnany or carnally kno-w lifer, or to cause her to be married or carnally known by any other person, and who- duelion''"t°"woraoii Boever shall, fi-auduleutly allure; take a-way, or detain such woman, bejng under 21 aisainst nnder 21, out of the possession and against the will of her father or niotlier with father So or of any jjther person having the lawful cai'e or charge of her, with intent to marry or carnally know her, or to cause her to bo married or carnally known bv any other person, shall be guilty of Felony : Penal servitude not exceeding 14 years, nor less than 3 years, or imprisonment not excfted- on-ondor onpabio !"« 2 yoars, --with or -without hard labour, and incapacity to take any estate of taking any of iiev or inlerost, leg;al or equitable, in any real or personal propferty of such wo • property mau, Or in which she has any such interest, oi; which shall come to her as such heiress, coheiress, or next of kin -, and if any marriage has taken place such property upon conviction shall be settled as the Court of Chancery may , upon any information at the suit of the Attorney-General, appoint, 2? v., S. 1, c. ;rt, s. 44. Abduction of any Taking away by force or detaining against her will any woman of any other wo.-nan with g^gg^ with intent to marry or carnally Kuow her, or cause her to be mar- «itent to marry ^.^^ ^^^ carnally kuowu by any other person: Felony; Penal servitude, not exceeding 14 years nor less than 3, or imprisonment not exceeding 2 years, with or without hard labour. 27 V., S. 1, c. 32, s. 45. Abduction of mi- Unlawfully taking or causing to be taken anv uninai ried girl under 16 married girl under out of the poBsessiou Or against the will of her fatlier or mother, or of any IB ' other person having- the lawful care or charge of lier:Misdeamenour j imprisonment not exceeding 2 years, with or -without hard labour. 27 V., S. 1, c. 32, s. 46, OFFENCES AC4AINST THE PERSON. . 541 Child stealing Leadmg or taking away unlawfally, either by foroeor fraud, or decoying or enticing away, or detaining any child under 14', with intent to deprive any parent, guardian, or other person havingthalaw ful care or charge of such child of the possession of such child, or with intent to steal any article 'upon or about the person of such child, to whomsoever belonging, or with any such intent receiving or harboruig any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained as before mentioned : Felony ; penal sen'itude not exceeding 7 visars nor less than 3 years, or impnsonraenfc not exceeding; 2 years, wiUi or without hard labor. No -person who has claimed any right to the possession of such ■ chad, or is the nipther, or haS claimed to be the father of anv illuaitimate child, shall be liable to be prosecuted by virtue Jiereof on account of the getting possession of snch child out of the possession of any person haviui? the lawful charge thereof, 27 V., S. 2, c. 32, s. 47. Whoever being married, marries any other person during the life of Eignmy the former husband or ^vife, whether the second marriage take place in this Island or elsewhere, shall be guilty of Felony ; penal servitude for not ex- ceeding 4 years, or imprisonment not exceeding 2 years, with or without hard labor. Any such offence may be dealt with, enquired of, and punished Moyte trioawiicre in any parish or precinct where the oflender is apprehended or iu custody, J^'^''!' " "pi""- as if it had been , there actually committed. Not to extend to any second ™xcoptea casoi ■ mai'riage contracted elsewhere tliah Jamaica by any other than as.ubject of H. M., or to any person marrying a second time, whose hushand-or wife has been continually absent from such person for 7 years then last piiBt. and has not been known by such person to be liying within that time, ii„ to extend to any person who at the time of such second marriage was divoivc 1 from the bond of the ' first marriage, or to any person whose former mar- riage was declared void by the sentence of any CoiU't of competent Juris- diction, 27 v.. S. 1, c. 32, s. 48. ■"* Every woman-being with child, who; with intent to probure her own mis- Attampisto pro- earriage, unlawfully administers to herself any poison or other noxious thing, ''"" ■"°"''">" *fr unlawfully nees any instrument or other means with the like intent, and whoever, with intent to procure the miscarriage of any woman, whether ' tehe beor be not with child, uMlawfully admiuislers to her, or causes to be taken by her any poison or other noxious thing, or unlawfully uses any in- strument or other means -with the like intent, shall be guilty of Felony ; penal servitude for life or not less than 3 years, or imprisonment not ex- ceeding 2 years, with or without hard labor, and with or without solitary confinement, 27 V., S. 1, c. 32, s. 49. Unlawfully supplying or procuring tiny poison or other noxious thing. Supplying or pio- or any instrument or thing, knowing it is 'intended to be unlawfully used ^sSmcS?""";.!!™ or employed, with the intent to procure the miscariiage of any woman, purposs whether with child or not : Misdemeanor ; penal servitude for 3 years, or imprisonment not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 32, 8. 50. If any woman is delivered of a child, every person who, by any secret dis- ConcoaiinB the position of the dead body, whether the chijd died before, at, or after the WrtiiofaoUiid birth, endeavors to, conceal the birth thereof, shall be guilty of a Misde- meanor ; imprisonment not exceeding 2 years, with or withont hard la- bor. If any person tried tor the murder of any child is acquitted thereof, the jury may hnd, if it so appear in evidence, that the child had recently been born, and that such person did, by some secret disposition of the dead tody of such child, endeavor to conceal the birth thereof, and thereupon the Court may pass. -such sentence as if he had been convicted upon an in- dictment for the concealment of the birth, 27 V., S. 1, o.32, s. 51. Whosoever is convicted of the abominable crime of buggery, committed Dnnalnrai offence, either with mankind or with any animal, shall be liable to be kept in penal servitude for life or not less than 10 years, 27 V., S. 1, c. 32, s. 52. Attempting to couimit the said abominable crime or being guilty of any Attempt to 50m- assanlt, with intent to commit the same, or of any indecent assault upon ■"" any male person. Misdemeanor: Penal ser^'itnde not exceeding 10 years, nor less than 3, or imprisonment not exceeding 2 years, with or without hard labor, 27 V., S. 1, c. 32, s. 53. When upon the trial of any offence under this Act it is necessary to aefl^J' ''"°'^'°''»'' prove carnal knowledge, it shall not be necessary to prove actual emiBslon Approhensioii by Constablu without warrant of auBpec- tcci persens Principals in 2nd degree nnd acces- sories OfTenccs within jurisdiction of Vice* Admiralty Solitary confine- nient Fine and Buretiea to beep the peace in what cases Convictions not to lie quashed for want of form Costs or indict- ments for assaults Add itionalimpri- sonmcnt in case of non payment Distress and sale for costs OPFEKCES A'GAINST THE PERSON. of seed, bntrthe carnal knowledge shall be deemed complete nponproofof penetration only, 27- V., S. 1, c. 32, s. 34. Any Constable or Policeman may take into custody, without a warrant, any person he finds lying or loitering in any highway, yjird, or other pla,ce during the night, and whom be has good cause to anspf ct of having com- mitted or being about to commit any Felony in thin Act mentioned, and take him as soon as reasoaable may be before a Justice, to be dealt with accord- ing to law, 27 v., S. 1, c. 32, s. 55. In case of every Felony under this Act, every principal in the second degree, and every accessory before the fact shall be punishable as the prin- cipal in the first degree ; and every accessory after the fact to a,ny such Felony except Murder, shall be liable to imprisonment not exceeding 2 years, with or without hard labor. Evei* accessory after the fact to marder shall be liable to penal semtude for life, or not less than 3 years, or , to be imprisoned for not exceeding 2 years, with or without hard labor Any person counselling, aiding or abettmg the cbmmission of any indictable Misdemeanor under this AoB, shall be proceeded against, indicted and pun- ished as a principal ofiepder, 27 v., S. I, c. 32, s. 56. Indictable ofifencea irCthis Aot, coininitted within the jurisdiction of the Vice-Admiralty of thjs Island, shall be dealt with, enquired of, -tried and' detormined in any parish or precinct in which the offender is* apprehended or in custody, as if they had been actually committed there, and m any in- dictment for any such offence, or for being accessory to such aa oifenoe, the venue in the margin shall be the same as if the oifence had been com- mitted in such pansh or precinct, and.the offence sh^I be averrad to have, been committed .on the high seas. Not to affect any of the 1m« relating to the government of Her Majesty's Land or Naval Forces, 27V., S. ), s. 32, s. 57. If any person is tried and conyieted before any Conrt.in this Island for any indictable ofience, under 27 V., S. 1, c. 32, s. 57, he shall be liable fp,. and suffer such punisliment, or forfeiture, or penalty as he would be subject, to in case the offence had been committed, and was enquired. of, and tried and determined in*England, anything in th^t Act to the contrary notwith- standing, 27 V., S. 1, c. 34, s.*60. • ■ When solitary confinement is awarded underthis Act; the Court may duect the offender to be ke^t in solitary confinement for any portions of any imprisonment, or imprisonment with hard labor, not exceeding 1 month at any one tune, nor^ months in one year, 27 V., S. 1, c. 32, s. 58. ^ On conviction for any indictable misdemeanor under this Act, the Coiirt may, in addition to or in lien of any punishment authorized, finethe offender, and require him to enter into Kis own recognizances, ana to find sureties both or either, for keeping the peace, and being of good behaviour ; and in case of any Felony punishable otherwise than with death, ihay require the offender to enter in nis own recognizances^ and find sureties, bother either, for keeping the peace, in addition to aily punishment authorized ; but'no person snail be imprisoned for not finding sureties for more than 1 year, 27 v., S. l,c.32, B.59. ■ * No summary conviction under this Act shall be quashed for want of Form, or removed by Certiorari into the Supreme Court; and no warrant of commitment shall be void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there is a valid con- viction to sustain it, 27 v., S. 1, o. 32, s. 60. Any person convicted on any Indictment ,of any assault with or with out battery and wounding, or either, may, in addition to any sentence for the offence, be adjudgea to pay to the prosecutor his actual and necessary costs and expenses of the prosecution, and such moderate allowance for loss of time as the Com't shall, by affidavit or other enquiiy and examination, ascertain to be reasonable ; and unless the sum awarded be sooner paid, the offender shall be imprisoned for not exceeding 3 months, in addition to the term of imprisonment, if any, for the offence, 27 V., S. 1, c. 32, s. 61. The Court may, by warrant under hand and seal, order such sum to be levied by distress and sale of the goods and chattels of the offender, and paid to the prosecutor, and the surplus, if any, to be paid to the owner ; and in case the sum be so levied, 1;he imprisonment awarded until payment shall cease,27V., 8.1,0.32,8.62. PARISHES. Parishea. Names of the 15 Pai-ishee into ■which the Island was then divided con- firaed, 33 C. 2, c. 18, s. 12. The boundaries of the several Countjes and Parishes shall be as laid down in Robertson's Maps, published 1804, 50 G. 3, c. 15. , Subdivisons of Paiishes, 1 V., c. 34 ; 9 V., c. 44. Names of the several subdivisons, 25 V., c. 18, Schedule A. Parochial elections for Members of the Common Council of Kingston, Vestrymen and Chlirchwardens, shall be regulated "by'this Act, where not inoonsisteut Vf ith the Kingston Corporation Act, 19 V. , c. 61 , and the Ves- try Regulation Act (now 27 V., S. 1, o. 7,) or wther Act* regulating such elections, '22 V., c. 5, s. 31 - • Not to levy or impose any Tax or Impost, or raise any Loan under any Act now or heretofore giving auth , Lauds in . Orang^ Street and.. Chnroh Street, and the Court-house, Duke Street and Ha$Dur Street vested iu the Justices and Vestry for the use of the poor, 27 G. 5, o. 5. Kingston Town Dues, 11 V., o. 19 ; 18 V., c. 51. Such Dues shall not be collected during the continuance of tliis Act, but the iieceiver Genei'al shatl reserve out of the collections hereunder for the pm-poses thereof i;i,800, 22 V., c.48. Powers of the Common Council and Vestry of St. Andrew to sell lands devised for the use of the poor.ofboth parishes, and investthe proceeds in Island Debentures, 23 V., c. 21. ■^ Manchestek. EBtablished • May-day, Mile'GuUy and Cai'penter's Mountain Districts separated from Tih f Mddies«i Vere, Clarendon and St. Elizabeth, and declared a distinct parishin Middle- larioijsimoiesoi gg^ Boundaries 55 G., 3 c, 23. Power to sell 60 acres of surplus land not needed for Parochial Build- ings, 2 W. 4, c. 11. Metcalfe. Separated from St. Georges and St. Mary, and declared a distinct pa- rish in Middlesex. Boundaries 5 v., c. 44. Annotto Bay Mai-ine Hospital, 1 G. 4 c. 20 ; 5 V., o. 44, s. 16. Portland. Allotment of 50 acres of land ait Patterson's Point, and 20 acres of Lynch Island for a town, to be granted in lots as foot land, to be built upon, and of 250 acres of land adjoining as a Common thereto, 9 G. 1, c. 8, s. 6-7. ,^ , 50 Acres added to the Town ot Titchfield, and 100 acres to the Com- mons, 12 G. 1, 0. 10, s. 3. The Common Laiids vested iu the Trastees of Titchfield Free School, 26 G. 3, c. 7, s. 1. 20 Acres of Land in Lynoh's Island vested in the Crown, 3 G. 2, c. 1. Port Antonio made a port of enti-y and clearance, 10 G. 1, c. 8, e. 6 Boundaries- of the parish, 8G. 1, c. S.-s. 1 ; 10 G. 1, c. 8. s. 4) U 6. 2, o,5b. 14. Part of Sutry, 31 G. 2, o. 4, s. 1. Lands patented shall be held on the same conditions as in other pa- rishes, 21 6. 3, c. 22, PoKT Royal. Confirmed as a parish under that name, 33 C. 2, c. 18, s. 12. Patents for Parade place and 1100 Acres of Land beyond ne Breast- work declared valid, 35 C. 2, c. 12, s. 2. Justices and Vestry empowered to wharf and secure the Town to- wards the sea, and maintain the wharfs, 5 W. & M. c. 4. May appoint two scavengers to employ rakers to cleanse tlie streets, 11 w: 3, c. 4, s. 1. Ends of streets not to be wharfed or filled up so as to prevent Canoes, &c., from landing or taking on board water or freight, 11 W. 3, c. 4, s5. For the security of the Town and prevention of Fires the Justices and Vestry may make rules and ordinances to be binding upon the inhabitants imder a penalty of 408. ('Ma. stg.) recoverable before a Justice, 3 Ann, c, 2, 3. 5, Sale of laudfl bo ■ longing to Kingston and St. Andrew Sale of lands Establishod Marine Hospital TltchBeld Free School lands Lynoh's Island I'ort Antonio Boundaries Fart of Surry ratonted Land Name Fatented Lands Wharflng town Streets PARISHES. Part of Surry, 31 6. 2, c. 4, s. 1. 300 Acres of Land on the Salt Eiver and Eio Cobre, in St. Andrew, patented in the name of Josepli Hunt for the use of the parish, vested in the Churchwardens for the time being, 3 G. 3, o. 3. Boundaries from St. Andrew, 14 Gr. 3, o. 25. From St. David, 23 G. 3, c. 15. Appointment of Trustees to sell the 1100 acres ol Land patented for the parish. Conditions npon which 34 acres, 2 roods, intended to be sold to A. Donaldson for buildings for Naval Stores and provisious are to be en- joyed. Powerto build fortifications, &c., thereon, 41 G. 3, c. 30. Electionsof Churchwardens, Vestrymen and Coroner for the Moan- tain District, and Pai-ochial Courts and Vestries shall be held at the Court House in the Mountain District. Elections for Members of Assembly and Coroner for the Town, in the Town of Port Royal, 6 W. 4, c. 22. Town Constables and Night Watch, s. 2 i Drunken and Disorderly persons, s. 3 ; Fires and Firewardens, s. 4-15 i Discharging ITire Arms, s. 16 J Filth and Rubbish, s. 71-1 ; Unwholesome provisions, s. 19-20 ; Ca- noes, &c., in streets, s. 21 ; Scavengers, s. 22 ; Unenclosed Lands, s. 23-24 • Spii'ita, s. 25 ; Church Bell, s. 26 ; Assize of Bread, s. 27-28 ; Sales of Meat, &o., s, 29 ; Hogs, Goats, &c., s. 32 ; Canoes, &c., plying for fare or freight, s. 33-37 ; Harbour, Concurrent Jurisdiction of Justices of Kingston and Port Royal, s. 39 ; Apprehension of offenders, Prosecutions witliin 3 ca- lendar months. Penalties, Costs, Appeals, Convictions, &o., s. 40-53; Protection from Actions, s. 54 ; Sale and rent of Parish Lands, s. 56-58, 6 V., c. 59. St. Andrew. Confirmed as a Parish under that name, 33 C. 2, u. 18, u. ] 2. Kingston separated from, 5 W. & M. c. 3, s. 1. Boundaries from Kingston, 5 W. & M., c. 3, b. 1 ; 39 G.3, c. 34. Part of Surry, 31 G. 2, c. 4, s. 1. Boundaries from Port Royal, 14, 6. 3, o. 25. Power of the Vestry and Common Council of Bjngston to seU lands devised for the nee of the poor of both parishes, and invest the same in Island Debentures, 23 V., c. 21. St. Ann. Confirmed as a Parish under that name, 33 C. 2, u. 18, s. 12. Part of Middlesex, 31 G. 2, o. 4, o. 1. Land purchased by the Parish for a Barrack, under the repealed Act 1 G. 3, c. 19, vested in the Justices and Vestry for sale or otherwise for the benefit of the parish, 48 G. 3, c. 14. St. Ann's Bay. — Incorporation of the Justices and VSstry for the purposes of the Act, s. 1 ; Surveyor, Town Clerk and other Officers, s. 2 ; Penalties on Justices, Veetpymeri, &o.; for non-attendance, s. 3 ; Fires and Firewardens, 8. 4-15; Discharging Fire Arms, s. 16 i Filth and Rubbish, s. 17; Unen- closed lots, e. 1 8 ; Spirits, s. 19 ; Draining Swampy Lands, s. 21 ; Unwhole- some Provisions, s. 22 ; Slaughtering Cattle, s. 26 ; Purchase and Sale of Lands, Improvement of Town, s. 28-29 ; Penalties, Recovery, Protection from Actions, &c., s. 31-35, 46 G. 3, c. 26. Powers of Justices and Vestry to alter the course of Seville River for the amendment of St. Ann's Bay Harbour, 48 G. 3, c. 23. The Governors and Trustees of the Jamaica Free School empowered to convey 2 acres of Walton Pen to the Bishop of Jamaica, and Rector and Churchwardens of St. Ann, for a Chapel aud Burial Ground for the use of the inhabitants of the Moneague District, 5 V., c. 25, s. 2. St. Catherine. Confirmed as a Parish under that name, 33 C. 2, c. 18, s. 12. Part of Middlesex, St. Jago de la Vega, the County I'own where the Supreme Court is to be held, 31 G. 2, o. 4, s. 1. The Justices and Vestry to cause 500 acres, part of 1235 acres of land, patented for the use of the inhabitants, nearest the Town, to be laid out for a 3 B 613 Part of Surry Grflsi lands Sale of par i s h land Town PoltcB regu- lation!) Namo Kingston separa- t«d from Boundaries Part of Surry Boundaries Sale of St. An drew and Kingston lands Name Part of Middlesex Sale of land St. Ann's Bay Police Uogulationa Chapel and 1.ut1 ground, Mon cagu Name Fart of Middlesex 514 PARISHES. Savanna or Common to the Town, and lay taxes for keeping it clean, and to lease or rent out the residue, 20 G. 2, c. 10, s. 1,2, 4-C. l«Sfl5"" °'"'"^''' The Cuatoa and such of the Justices as are Freeholders of the parish, and the Vestrymen and Churchwardens for the time being, incorporated, with power to lease, for not exceeding 99 years, the lands, other than the 500 acres ; the lots to be leased as acre-lands not to contain less than 5 acres; the profits to he disposed of by the Vestry in relief of parochial taxes, but not by way of anticipation, 6 Gf. 3., c. 4. The lots of foot land leased by the foot to be leased at an annual rent of not less than 2d per foot, calculated upon the measurement of 2 sides to the square, U G. 3, c. 14, s. 11. The lots of acre-land to be leased at such annual rents, and for such term and time as the Justices, Vestrymen, and Churchwardens shall think most beneficial for the parish, 21 G. 3, c. 13. St. Jago as lo No penguins to be planted in the Town of St. Jago de la Vega, 22 G. 2, Vega i-. 6, s. 2. Justices and Vestry to appomt places of deposit for filth and rubbish, 21 G. 2, c. 8, s. 3. Night Watch in St. Jago de la Vega, 11 G. 3, c. 14, s. 9, 10. Poor h B»8 '^^^ lands and buildings occupied by the 20th Light Dragoons vested in ° '" the Justices and Vestrymen for the erection of a Poor house for the Pau- pers of the parish, and the transient poor and distressed persons passing through St. Jijgo de la Vega, 56 G. 3, o. 22. Court homo aai Eooms to be Set apart in the lower part of the building, to be erected Parochial Officea on the south side of the square in front of the King's House for the Clerk of the Vestry, Clerk of the Peace and Police Oflice, to be exclusively disposed of and controlled by the Justices and Vestry, free from all charge for rent or otherwise ; and the parish and precinct, when the Assembly is not sitting to have the use of any other apartment suitable for a Court-house for holding parochial courts and meetings, but not to interfere with the Grand Jury, 68 G. 3, c. 17, s. 6. The Court-house placed under the control and supervision of the Gus- tos of the precinct, 27 V., S. 1, c. 7, s.,29. jj„,pi,j, Powers given to repair the Hospital and Work-House for the use of the precinct, or such of the parishes as should contribute, 6 6. 4, c. 16. St. Thomas in the S'- Thomas ill the Vale separated from the precinct, 5 W. 4, o. 24. ™t° jaco do 1 > ^'' "'^SO ^6 '"■ Vega — Fires and Firewarden^, s. 2-15 ; discharging Pire- Verga Arms, s. lb ; Filth and Rubbish, s. 17 ; Unenclosed Lots, s. 18; Spirils and Pouce Boguiationi Gunpowder, s. 19-20; Bell to be rung, Idle and Disorderly Persons, s 21 22 1 furious Riding and Driving, s. 23 ; Routes of Carriages of Burthen, droves of Cattle, &c., s, 24 ; Licensed Carriages of burthens, s. 25-28; Un- wholesome Provisions, s. 29 ; Clerk of the Markets, s. 30 ; Pedlars, s. 34 ; Hogs and Goats, s. 35 ; Additional Buildings in Market Places, s. 36 ; Altera- tions and Improvements in the Town, s. 38; Surveyors, Town Clerk, and other OfBcers, s. 39; Justices, Vestrymen, &c., neglecting to attend Meet- ings, s. 40; Penalties Recovery, ike, s. 41, 42,50; Protection from Actions, s. 43 ; costs, s. 44 ; Washing and Bathing places, s. 48 ; Seizure of Produce exposed for Sale, and by persons not Householders, s. 49 ; li- mits of the Town, s. 50, 5 W. 4, c. 39. Fletcher's trust Justices and Vestry to include as an item of parochial expenditure in the Ways and Means, £91 4s.. annually, for payment, quarterly, of annuities to 3 poor widows under the will of George Fletcher, and collect the rents of a house. The remaining part of his real estate for the use of the parish, 10 v., c. 45. St. David. Nnmo Confirmed as a Parish under that name, 33 C. 2, o. 18, s. 12. Part of Surrjr Part of Surry, 31 G. 2, c. 4, s. 1. Eoundai;iea Boundaries from Port-Royal, 23 G. 3. c. 15. Separated ftom Separated from the precinct of St. Thomas in the East, and separate East ' Gustos and Justices to be appointed, 8 V., c. 8. St. Dokothy. Name Confirmed as a Parish under that name, 33 C. 2, c. 18, s, 12. Part of Middlesex Part of Middlesex, 31 6. 2, o. 4, s. 1. PARISHES. St. Elizabeth. Coufirmed as a Parish under that name, 33 C. 2,.c. 18, e. 12. Westmorelaad separated from, 2 Anu, c. 1, s. 1. Parts of Caipenter's MouutaiiiB taken from St. Elizabeth aud Clareudon, aud aunexed to Vere, 12 G. 2, c. 6. Part of Cornwall, 31 G. 2, c. 4, s. 1. Powers of the Justices and Vestry to appoint Eiver Wardens, and keep open the navigation of the Black Eiver, 23 G. 3, c. 8, s. 1-1 6. Transferred to the CommisBioners of Highways and Bridges for the pwish, 25 V., 0.18, s. 66. A piece of land in Black Eiver to be sold, and the proceeds to be ap- plied in the purchase of mountain laud in the parish for the Incumbent, for provision grounds, 23 G. 3, c. 8, s. 27-29. (This same piece of land apparently had been previously directed to be sold for a similar purpose, I G. 3, o. 5.) Trustees appointed to complete the building of a Bridge over the Black Eiver, 51 G. 3, c. 18. Manchester separated from, 55 6. 3, c 23. The Barracks and land belonging thereto vested in the Justices and Vestry for erecting a Court house, and other parochial purposes, 7 W. 4, c. 17. St. George. Confirmed as a Parish under that name, 33 C. 2, c. 18, s. 12. Part of Surry, 31 G. 2, o. 4, s. 1. 1 Acre, 3 roods, and 37 perches ot land in Douglas Town, near Buff Bay, vested in the Magistrates and Vestry to erect a Church, and lay out a Burial Ground, aud 300 acres of land and certain slaves, for the use of the Eector, 41 G. 3, c. 22. The 300 acres of land aud slaves to be sold, and the proceeds invested in the purchase of suitable lands for a Parsonage, and the interest in the meantime paid to the Eector, 58 G. 3, c. 29. Metcalfe sepai'ated from, 5 V., c. 44. Compromise with the present Eector, in respect of his claims for Eectory House, Glebe and servants, and fees for burial and otherwise, 25 V., c. 21. St. James. Confirmed as a Parish under that name, 33 C. 2, o. 18, s. 12. Part of Cornwall, 31 G. 2, c. 4, s. 1. Trelawny sepaiated from, 14 G. 3, c. 31, s. 1, 4. Lands purchased for a Church , Church Yard , Banal Grounds, Parson- age, Glebe, Courthouse, Barracks, Hospitals, or other public or parochial purposes, vested in the Churchwardens of St. James, 33 G. 3, c. 23. Justices and Vestry empowered to purchase lands and erect a new Comt house, as also to purchase one ot more parcels of land for Burial Grounds at a reasonable distance from Montego Bay, 36 G. 3, e. 35, s, 19, 22. Further powers given for the erection of the Court house, as also a Gaol, Guard House, and Pai'ochial Arsenal, and for the erection of a Bridge over Montego Eiver, 42 G 3, c. 24 Montego Bay declared the County town, and the Gaol the County Gaol of Cornwall Instead of Savanna-la-Mar, 56 G. 3, c. 20, s. 1. The old Barracks and land near Montego Bay vested in the Justices and Vestry for the erection of a Workhouse, (see 60 G, 3, c. 20), 1 G. 4, c. 19, s. 2. The Justices and Vestry of St. James empowered to convey a suffi- cient portion of 50 acres of Marley land, purchased by them for a Paro- chial Chapel, Parsonage House and Bunal Ground, for a Parsonage House and Glebe, and dispose of the residue in aid of the parish funds, 6 v., c. 60. Iklonlego Bay — Betailers of Spirits, s. 1-7 ; Fires and Firewardens, s. 8-23 ; Night Watch, s. 29-37 ; Repair of Streets, s, 39 ; Swamps, s, 40-4 i 515 Name * Wostmorol and separated from Ctii'xioutQr's moun- tains Part of ConiwuU Blaok RivflL' Black Itiver Sridgo Man cli ester Court house, &c. Part of Surry Church and buria ground Metcalfe Boparatod from Bectoi-y Name Part of Cornwall Trelawny separa- ted from Church burial ground, &o Court hou^e and burialground, &c., Oaol, 6io County Gaol Work house Marley Chapel, Montogro Day Fo U(M regulatlona 510 PARISHES. UuwholeBome Provisionu, e. -1^-43 i Churchwardens hicorporaled, s. 49-50 ; Protection from Actions, Kecovery of Penalties, &c.. s. 51-53, 35 G. 3, c. 35' The Gustos, Justices, Vestrymen, Eector and Chni'chwardens, incor- porated and invested with powers for the alteration and impi'ovement oj the Town of Montego Bay, and appointment of officers, s. 1-8, 10-14 ; Fire- wardens, s. 9 ; Burial of the Dead, s. 23 ; Penalties, Protection from Actions, &c., s. 24-29, 36 G. 3, c. 35. Montego Bay Marine Hospital, 60 G. 3, c. 16. St. John. Confirmed as a Parish under the name, 33 C. 2, c. 18, e. 12. Part of Middlesex, 31 G. 2, c. 4, s. 1. St. Maky. Confirmed as a Parish under that name, 33 C. 9, c. 18 s. 12. Part of Middlesex, 31 G.2, c. 4. s. 1. The Justices and Vestry empowered to exchange 90 acres of land de- vised by Thomas Manning for the nse of the poor, with C. N. Baily, for Nibb's Penn, binding on Port Maria, part to be laid out as a Town, to be called Manning's Town, and to erect tnereou a Court House and offices for the Clerk of the Vestry, Clerk of the Peace, Collecting Constable, and other public offices. Goal and Workhouse, a Poor-house and Hospital, and Poimd. To design and lay out the plan of the Town, and lease the lands so laid out in lots, and also to lease out, but not'sell the residue of the land, reserving a sufficient quantity or the right of using the same for the musters and exercise of the Militia, 5f G. 3, o. 20, s. 1, 3, 5, 7, 9-15. Murine Hospital Marine Hospital and Aqueduct, 1 G. 4, c. 16. Metcalfe. — Separated from, 5 V., c. 44. St. Thomas in the East. Confirmed as a Parish under the name of St. Thomas, 33 C. 2, c. 18, Marine Hospital Name Fan of Middluti Fart of Middlesex Manning's Town Metcalfe separated from Part of Surry Farsona|& ^ St. David separa- ted ftora precinct FaH of Middlesex Parochial buUd Ings Separated from precinfit of St. Catherine Separated ft-om St. Jamca Part of Cornwall Court house Stewart Town 6.12. Part of Surry, 31 G. 2, «. 4,6. 1. The Parsonage and Glebe land v8Sled in the Justices and Vestry for sale. Another njpr^,convenieht Parsonage-g^eSee", and sufficient'ijuantity of Glebe land, to be provided for the use and residence of the Eector, 51 G. 3, "• c, 19. St. David. — Separated from the Precinct, 8 V., c. 8. St. Thomas in the Vale. Confirmed as a Parish under the name of St. Thomas in the Valley, 33 C. 2, c. 18, s. 12. Part of Middlesex, 31 G. 2, c. 4, s. 1. Justices and Vestry empowered to pui'chase lands, and erect a Court House, Goal, Workhouse Poor-house and Hospital, and other Buildings for Parochial purposes, 57 G. 3, c. 26. Separated from the Precinct of St Catherine, and separate Custos and Justices to be appointed, 5 W. 4, c. 24. TllELAWNY. Separated from St. James, and declared a distinct Parish in Cornwall, 14 G. 3, c. 31, s. 1-4. The Justices and Vestry empowered to sell the Court-house at Martha Brae, and erect a new Court-house in Falmouth, at the place called "The»s,y Fort," or to purchase other lands for the purpose, 35 G. 3, c. 28. f'. The Justices and Vestry appointed and incorporated as Commissioners, to purchase, not exceeding 50 acres of land appertaining to Poss's Settle- ment, or to Robert Home Gordon, or in the vicinity, whereon to lay out a- Town, in lots, to be called Stewart Town, and establish bye laws and ordi - nances for the prevention and extinguishment of fil'e, the laying out streets, &c., repairing the same, removing and preventing nuisances, sup piessiug noxious trades, establishing and regulating a Market, and the trade and traffic in shops, government or Taverns, Grog-shops, Venders and Be- taiiera of Spirits, HAwkers Pedlars and Hirfers, and in every other way wherein the Police and well-being of the Town may be concerned : to appoint oificers, sell or lease the lots of lauds. Proceedings to enforce pe- nalties, &c., 53 G. 3, c. 19, B. 1-3, 5, 10, 12, 14. Falmouth — Fires and Firewardens, s. 2-17 ; Discharging Fire Arms, a. 18 '• Filth and rubbish, s. 19 1 Unenclosed Lands, s. 20 ; Spirits, s. 21 ; Bell, Drunken and Disorderly Persons, s. 22, 23 ; Furious Hiding or Driving, s. 24; Unwholesome Provisions, s. 26 ; Assize of Bread, s. 27-29 ; Of Grass, s. 30 ; Night Watches, a. 31-38 -, Streets, s. 39-40 ; Goats and Hogs, s. 45 ; Hawkers and Pedlars, s. 46 ; Improvements of the Town, s. 4957 ; Neglecting to attend Meetings of Justices and Vestry, s. 58 ; Recovery, &c., of Penalties 8. 59, 73; Protection from Actions, s. 70; Costs, s. 71; Seizure of Pro- duce suspected to be stolen, s. 72, 1 V., c. 27. Justices and Vestiy empowered to purchase lands, and build a landing place in Falmouth, solely for the emuai'kation or disembarkation of per- sons, 11 v., c. 37. Commissioners for erecting 2 Iron Bridges over the Martha Brae River, in lieu of the wooden Bridges on the high Road, from the Rock to Fal- mouth, 11 v., c. 17 ; 15 v., c. 32. Falmouth Marine Hospital. 23V.,S. 1, c, 20. Vere. Confirmed as a Parish under that name, 33 C. 2, c. 18, g. 12. Part of Carpenter's Mountains taken from St. Elizabeth and Claren- don, and added thereto. Boundaries thereof, 12 G. 2, o. 6. Part of Middlesex, 31 G. 2, c. 4, s. 1. Manchester separated from, 55 G. 3, v. 23. The Justices and Vestry to purchase and build a. Court-house, and for other Parochial purposes, 51 G. 3, c. 22. Westmobeland. Separated from St. JJlizabeth, 2 A^n, c. 1, s. 1. Hanovei; separated from ifljilQ G. 1, c. 5, B.l. i« * . Boundaiies, 2 Ann, c,l,s. l'; 10 G. 1, c. 5, s. 1 ; 29 G. 3, i, 22; 7 V., HK Landing plaoe Martha B r a o bridges Marino Hospital Carpenter's moun toius Fart of Middlesex Manoheater ne- pnrated fVom Court house .56. -Separated - from St, Elizabeth j^ HauoTer separated ■* from Boundaries Part of Cornwall, Savanna-la-Mar, the County Town, 31 G. 2, u. 4, u. 1 County Goal to be built at Savanna-la-Mar, 32 G. 2, c. 3, s. 1. Montego Bav declared the County Town, and its Goal the County Goal, 56 G. 3, c. 20. Savanna-la-Mar, casks to be made within sc^nares of brick or stone, s. 5. Buildings not to be covered with thatch, &o., s. 7, Penalties, s. 8, 9, 9 G. 3, c. 4. The Goal at Savanna-la-Mar to be sold by the Justices and Vestry, and another built in a more convenient spot in or near the Town, 19 G. 3, c. 19, 8. 1. Savanna-la-Mar. — ^Tnistees appointed (in consequence of the destruction of the old Town by fire, hurricane and inundation) to lay out the ground called the Savanna, into a new Town whereon to build a Coui-t-house, Market-house, and other Public Buildings. Powers of Trustees to purchase land, s. ] , 2 ; Boundaries, s. 3 ; Powers to lay out streets, &c, build Court-house, control Buildings, &o., buy Fire Engines, &c. Sink Wells, 8. 4-7 ; Appoint ofScers, s. 8 ; Divide the land into lots, of not more than one a'',re each, and grant leases, not exceeding 99 years, or convey, in fee simple but not more thaa one acre to any one person, 8.9-12; Convey fresn water to the Town, s. 13, 15, 16, 17 ; Cut a canal from the sea to the Town, s. 14; Application of receipts from grants and leases and ground rents, s. 18-19 ; Inoculation for Small-pox, &o., s. 20 ; Penalties Protection from suits, &c., s. 21-26, 21 G. 3, c. 11. Marine Hospital, Savanna-la-Mar, 53 G. 3, c. 22. Part of Cornwall Savanna-la-Mar Savauna-la-Mar Marine llospKal 518. PATENTS- Parochial build Barracks ucar Savanna-la-Mar vested in the Justices and Vesti'y- '°''° men foi- a House of Correction, and Poor-houee, or other Parochial pur- poses 7 W. 4, c. 27. Partition. Froceidingsioef- After Summons or Other Process in Partition returned, and affidavit of '""' the Provost Marshal, his Deputy or other person, of notice given of the Writ of Partition to the Tenant to the action, or his Attorney or Agent (if to be found in the Island) whose power is recorded one month at least be- fore the issuing of the writ or Summons, and where the Tenant cannot be found in the Island or any Attorney whose power is recorded to the Tenant in possession, or occupier of the Ijand whereof Partition is demanded, if any such there be, other tnan the demandant, and if there be none in possession but the demandant, then a copy of the Summons or other process being left on the premises 14 days at least before the next Court, if the Tenant to the Writ or true Tenant to the Lands do not appear, or cause an appearance to be entered in the Court where the Writ is returnable, then, in default of appearance, the demandant having entered his declaration the Court shall proceed to examine the demandant's title and quantity of his part and pur- port, and as they find it to be, they shall for so much give judgment by default, and award a Writ to make Partition, whereby such proportion, part and purport may be set out severally, which being executed and returned, and thereon final Judgment entered, the same shall be good, and conclude all persons whatever, their right, title or claim, though not named in the proceedings, nor the title truly set forth. If the Tenant or person concerned, within one year from entering the first judgment, apply to the Court by motion, and shew good matter in barofthe Partition, or that the demandant has not title to so much as he has recovered, the Court may suspend or set aside the Judgment and admit the Tenant to appear and plead ; and the cause shall proceed as if no such Judgment had been given ; and if the Court upon hearing, adjudge for the first demandant, the first jvidgment shall stand confirmed, and be good against all persons, 8 6. 1, c. 5. And instead of treble costs, shall receive full indemnity, as to costs and expenses, to be taxed, subject to review as any other taxation, 8 V., c. 28,8.25. May be made by The Provost Marshal may make Partition by precept to a Deputy preoepl to Deputy 10 V., 0. 31. S. 15. ju-oj. Attendance of Jarors enforced at the execution of Writ (see Jurors on Writs), 43 6.3,0.28. TO be otherwise ^° Partition of Freehold or Leasehold Land shall be valid at Law by deed without Deed, except where authorized by the Law now in force, 8 V., c. 19, s. 2. Partnerships, Limited. Conditions upon which Limited Partnerships may be formed, except for the pm'pose of Banking or making Insurance, between special Partners, not liable for the debts of the Partnership beyond the sum contributed in cash to the capital of the Copartnership, and 2 or more general Partners liable as now; the general Partners only having power to transact the business of, and sign for, and bind the Partnership, and liable to be sued as if there were no special Partners, 16 V., c. 21." To be enrolled For flsherlea and Shoal water void Patents- All Patents shall be enrolled in the Office of Enrolments within 6 months after seahng-, 33 C. 2, c. 12, s. 7. All Patents for Fishery, and shoal water in and about the Harbour of Port lioyal and other Harbours, and the water before several persons' land and Royal Mines, the Parade in St. Jago de la Vega, and the * There seems little probabilitj'.liiat this Act will be resorted to, the In corporated Companies' Act, 27 V., S. 2, c. 4, affording much greater advan- tages. PATENTS rOE INVENTIONS. 519 Fishery in and between tlie Kio Cobre and llie Salt River in St. An- drew's, declared void, and no suoli Grant or Patent now or liereafter granted ■prejudicial to anchorage, navigation or common fisliery, shall he good. Owners of land adjoining upon any Harbour, Bay or Greek, may toke up the shoal water to make wlmrfa or bridges, convenient before their own land and none else, and all Patents for slioal water or building of wharfs or bridges before any man's own land shall be deemed good, 35 C. 2, c. 12, s. 1. A Patent under the Great Seal, and enrolled, shall be evidence of the EvidoncB Patentee's title to the lands or other things granted, and a bar to the rights of the Crown, 2 Ann, c. 7, s. 1. For all lands within the survey or bounds, any misnomer, misboundiug To bo liboraiiy or mistaking of quantity or other error notwithstanding, and such grants c»istrueii shall be taken as strongly against the Crown as the grants of otber per- sons against them, 2 Ann, c. 7, s. 2. In case either H. M. or the Patentee are aggrieved by a mistake in Be-survoys quantity, a re-survey shall be made by a Surveyor, indifferently sworn be- tween the Crown and the Patentee, or who claimeth in his right before a Justice, and a confirmation of the former srrant shall issue under the Broad Seal, reciting the error^aud reserving for t"he future the same rent mention- ed in the grant, according to the just quantity found by such re-survey; for which, confirmation the Chancellor shall receive 10s. (6b. stg.) and the Clerk of the Patents 8s. currency, and no more, lo be paid as all other charges by the party requiring the same ; but no retrospect shall be had to what rent ought to have been paid, be the quantity more or less, 2 Au ., c. 7, s. 3. If any person, by mistake of Surveyors or otherwise, settle upon any i-u sons gettung land belonging to the Crown, and the same is afterwards found to be so, ™i,a„'^''°^Ktied"to the person so settled shall be preferieil to all other persons, and entitled patents )| toa Patent, paying thensual fees only, provided he apply for such Patent, aiid pay the Quit Eents (and Land Tax, see 8 V., c. 16, s. 1) usually reserved, for such time as he has been possessed thereof as aforesaid, and until the Patent pass the seal, the possessor, his heirs and assigns shall continue in quiet possession, 4 G. 2, c. 4, s. 7. Patents for Improvements under Acts in Force. Egau's Sugar, expires July, 1866, 16 V., c. 32, c. 34, Brandei's " " April, 1867, 16 V., o, 33, - Patents for Inventions. When any person by himself, or if an Absentee, by his attorney, ap- plies to the Governor by petition, to be lodged at the Executive Commit- tee office, alleging that he has invented or discovered some new and useful act, machine, manufacture, or composition of matter not before known or nsed in the Island, or some improvement insuch invention and discovery, and praying to obtain an exclusive property in such invention or discovery or improvement, and that Letters Patent be granted for the same, the Go- vernor, in the name or on behalf of H. M , with the advice and consent of the Executive Committee, may direct Letters Patent under the Broad Seal to be issued, which shall recite the allegations and suggestions of the petition, and give a short description of the invention, &c., and thereupon grant to the applicant, his executors, &c., for not exceeding 14 years the full and exclusive right and liberty of making, constiuctmg and nsing, and vending to others to be used, the new invention, &c. ; such Letters Pa- tent shall be signed by the Governor. The Governor in Execntive Com- mittee, if they deem it expedient, may insert in the Letters Patent a pro- vision, extending their operation for a further term of 7 years, 21 \., c. 30, e. 1. Before any Letters Patent are signed and issued, the petition, specifi- cation and dieclaration delivered therewith, shall be referred to the Attorney- Gteneral, who shall examine same, and may call to his aid such scientific or other person as he thinks fit, and caiise to be paid to him by the appli- cant such remuneration as the Attorney General appoints, not exceeding Lettera Patent] For 14 years 7 yean exteusion Petition, See , bo referred to Attorney General Who may call In, aid Bemuncration. 520 If he docs not a ] low it to certify liia xoasoiis Petition to be ao- compauiadwitli de- claration of belief that petitioner is true inventor, &G And also with epeclflcation And model in case of a machine Drawings, &.B Specimens Signature and attestation Dispensation with model Attorney General *b fee 4 weeks advertise ment of application To be brought Into operationin two years Of force from date To be applied for within three months Grant to executors Sic, In case of ap- plicant's death Renewal of lost Patents Fraudulent p A- tentfl PATENTS FOB INVENTIONS. £5, and if satisfied that the application may properljr oe granted, and that the specilication describes the nature of the invention, discovery or im- provement, he shall allow the same, and give a certificate of his allow- ance, and return the petition, specification and declaration, with his certi- ficate into the Executive Committee office ; and if he does not allow the application, he shall certify to the Governor his reasons, 21 V., c. 30, s. 2. Before any person obtains or receives Letters Patent, he or, if an Absen- tee, his Attorney shall make solemn declaration in writing before a Justice, that he verily believes he is the true inventor or discoverer of the art, ma- chine, composition of matter or improvement for which he solicits Letters Pa- tent, and that such invention or discovery or improvement has not, to the best of his knowledge or belief, been known or used in this Island, tQ be de- livered with the Petition, 21 V., c. 30, s. 3 Such Person,'ov his Attorney, shall also deliver therewith a written des- cription or specification of his invention, and of the manner of using, or pro- cess of compounding the same, in such full, clear and exact terms, as to dis- tinguish the same from all other things before known or used in this Island, and to enable any person skilled in the art or science of which it is a branch, or with wliich it is most nearly connected, to make, compound and use the same ; and in case of any machine, shall deliver a model, and explain.the piinciple and modes in which he has contemplated the application of that principle, or character by which it may be distinguished from other inven- tions, and accompany the whole with diawings and written references, where the nature of the case admits of drawings, or with specimens of the ingredients, and of the composition of matters sufficient in quantity for the purpose of experiment, where the invention is of a compositioriof matter, which description or specification shall be signed by such person or hie Attor ney, and attested by two witnesses. Where from the complicated nature of any machinery, the cost of a model may be so great as to prevent any ingenious but poor persons from obtaining Patents, the Governor and Execu- tive Committee may dispense with its delivery previous to the gi-anting of ad*' patent, and the Act; being in other respects complied 'with, the party shall De entitled to a Patent in the same manner as if a model had been lodged, Ul v., c. 30, s. 4. The applicant shall deposit vrith his petition £5, as fee to the Attorney- General, on reference of such Petition, 21 V., e. 30, s. 5. No Letters Patent shall be granted until notice shall be published in the " Gazette" and one othernewspaper of this Colony, foratleast, 4weekBof the intention to apply, containing in general terms, the description of the inven- tion or improvement for which they are desired, 21 V., c. 30, s. 6. If any Letters Patent are not brought into operation within two years, they shall be forfeited and thence become void, 21 V., c. 30, s. 7. Letters Patent may be issued to be sealed and bear date as of the day oi the application, or where the Attorney-General or Governor in Executive Committee think fit as of the day of the sealing, or any intermediate day, 21 v., c. 30, s. 8. And shall be of the same force as if actually sealed on the day express- ed, 21 V.,c. 30, s. 9. No Letters Patent, save in the case of those discharged or lost, shall issue, unless applied for within 3 months after the date of filing the Petition, 21 v., c. 30, s. 10. Where the applicant dies during the pendency of his application. Letters Patent may be granted to his Executors or Administrators at anytime within 3 months after his death, and be of the like force as if they had been granted to the applicant during his lifetime, 21 V., c. 30, s. 11. In case any Letters Patent are destroyed or losi, others of the like tenor and effect, and sealed and dated as of the same day, may, subject to the re- gulations of the Governor in Executive Committee, be issued under the aii- Qiority of the grant in pursuance of which the original was Issued, 21 V., c. 30, s. 12. In case of any Letters Patent obtained in fraud of the true and first In- ventor, any Letters Patent granted to the true and first inventor, shall not be invalidatoci by such other Letters Patent, or of any use or publication of the PATBKTS FOR INV8NTI0NS. 581 invention subsequent to the granting of such other Letterg Patent as laet-men- tioned, 21 V., c. 30, s. 13. Where any Letters Patent are obtained for any new and useful inven- Mutual hbMs in tion or discoveryj and thereafter another discovers or makes any improve- invontiona and im ment in the principle or process, and applies for and obtains Letters Patent P'ovomcnis for the exclusive right of such improvement, the person who obtains a Pa- tent for the improvement, shall not make use or vend the original invention or discovery, nor shall the Patentee of the original invention make use or vend any such improvement. Simply changing the form or proportions of Moro ohango of any machine, or composition of matter in any degree shall not be deemed a ™"""' P'oiiort'ona discovery or improvement within this Act, 21 V., c. 30, s. 14. No applicant shall be deprived of his right to a Patent in this Colony, patont hora for upon the tike proceedings being had in all respects as in case of an origi- inventions aireadir nal application for his invention, by reason of his having previously taken P^'ontoa olsowiiero out Letters Patent therefor in any other country : provided the invention has not been introduced into public and common use in this Colony prior to Duration his application for a patent therein. The Patent in thii? Colony shall not con- tinue after the expiration of the Patent granted elsewhere ; and where more than one Patent or like privilege is obtained abroad, immediately upon the expiration or determination of the term which first expires, that in this Colony shall cease. No Letters Patent granted here after the expiration of the term for which such Patent or privilege was obtained elsewhere, shall be of any validity, 21 V., c. 30, s. lo. Any Patentee, his executors, &c., may assign and transfer (the whole) Assignments or any part of his right, title or interest, and the assignee having recordea the-assi^ment in the Secretary's Office, shall thereafter stand in the place of the origmaJ patentee, as ■well as to all or the part assigned of the right, privi- lege and advantage, as also in respect of all or proportionate liability or responsibility as to the Letters Patent, and the invention and discovery there- by secured, and in like manner shall the assignees of any such assignee, stand in the place of the original patentee or mventor, 21 v., c. 30, s. 16. Letters Patent may, upon the like proceedings in all respects as in case Pntonu to asbig of an original application, be issued by the Governor inExecutive Committee fen™ ^''°'^" to the assignee of any person who has taken out Letters Patent for his inven- tion or discovery in any other country, but not for any invention or discovery made abroad for which "no Letters Patent have been there obtained : provided the invention or discovery assigned has not been introduced into public and common use into this Colony prior to the application. The assignee of the Foreign Patent shall file witifi nis application, the assignment duly proved under which he claims a Patent in this Colony, and an affidavit setting forth the date of the Patent abroad, that the article thereby patented has not been in public and common used in this Colony, and that he is the assignee for a good consideration, 21 V., c. 30, s. 17. If in any suit or action it is proved or specially found by the verdict that Oonseijusncos ot by mistake, accident or inadvertence, and without any wilful default or in- jnciudiog too much tent to defraud or mislead the public, a Patentee in his specification has withmft" dMaimo" el»imed to be the original and first inventor or discoverer of any material or without wilful de- substantial part of the thing patented, but of which he 'was not the original finit or fraud or just inventor, and has no just or legal title to claim the same, his Patent shall be valid for so much of the invention, discovery or improvement, as is actually his own, provided it be a material and substantial part of the thing patented, and plaiiily distinguishable from other parts patented without right; and every such Patentee and his legal representatives and assignees, whether holding the whole or a particular interest in the Patent, may maintain suits at law or in equity for any infringement of such part as is actually the invention or discovery of the Pateutee, al- though his specification may embrace more than he has a legal right to claim ; but if in snoh case he obtain a verdict or judgment, he shall not be Effect on costs of entitled to costs, unless before the commencement of the suit he has filed in suit the Secretary's office a disclaimer, attested by one witness or more, of the cart which was claimed without right. No person bringing a suit shall be entitled to the benefit of this section if, in the opinion of the Court before which the matter is tried, he has unreasonably neglected or delayed to record Ms disclaimer, 21 V., c. 30, s. 18, 3s 522 PAl'EKTS FOR INVENTIONS. NowPatoui to bo If any Patent becomes inoperative or invalid by reason of a defective " "" or insufficient description or specification, or by reason of the Patentee claiming in the specification as his own invention more than he had a ri^^ht to claim, and the error has arisen from mistake, o pleaded to proof in support of his action, and let in such evidence for the defendant as "leecourt Supreme 111 any action under such plea the defendant may, or the plaintiff at present pleadings, ss v , c. is required to adduce ,■ nevertheless the defendant may, along with his plea, "ifouco „f sneoiai give notice by endorsement or annexed, of any special defence he might, defence by the present practice offer under a special plea, and for which he would be required to plead specially. The defendant at the trial shall be bound Evidence at trial by such notice, and not be at liberty to go into evidence of any other de- fence he would by the present rules of pleading be restricted from giving, except under a plea for the purpose specially pleaded ; and if the plaintiff would, nnder the present rules of pleading, be entitled to set up one of 2 answers to such special defence, he shall endorse upon his similiter the na- ture of the answer, and shall at the trial be precluded from entering into evidence in support of any other answer. Not to prevent any party from Demurrer filing a General or a Special Demurrer, 21 V., c. 30, s. 28. In any actionrfor the infringment of Letters Patent, the Court, if sitting, Court or Judge or if not, a Judge, on the application of the plaintiff or defendant, may make '?•>' .B'ant injunc- , 1 n "I. ,.^'^. ^ ^ ^ ,. IT*',. tion, inspection or such order for an injunction, inspection or account, and give such directions account respecting the action, injunction &c., and proceedings therein, as to the Court or Judge seems fit, 21 V., c. 30, s. 29. In taxing the costs in any action, regard shall be had to the particulars Costs delivered, and the plaintiftand defendant shall not be allowed any costs in jua-oseeriSteof respect of any particulars, unless certified by the Judge, before whom the particoiars' proved trial was had, to have been proved by tbem, without regard to the general costs of the cause ■■ and such judge shall certify on the record that the valid- ity of the Patent came in question, and the record with such certificate, being 9.°S',"°°f'' p "'"' giveu in evidence in any suit or action, for infringing or proceeding by Scire cam, iJ qies«on°"' Facias to repeal the Letters Patent, shall entitle the plaintiif in any suit or Eifeet as to costs action, or the defendant in Scire Facias, on obtaining a decree, decretal order ^^sutsoiiuent suits, or final judgment to his full costs as between attorney and client, unless the 524 PATENTS FOR INVENTIONS. Judge making the decree or order, or the Judge trying the action or pro- ceeding, shall certify that heought not to have full coste, 21 V., o.30, s.'30. 3 times the iotu- When Letters Patent have been gi-anted, and any person, without the fiS'^" '*™^' consent of the Patentee, his executors, &c., in writing, maltes, devises, uses or sells the thing, invention or discovery, whereof the exclusive right is secured, the offender shall forfeit and pay to the Patentee, &c.,a sum eqnal to 3 times the actual damage sustained, to be recovered with costs, by action on tiie case founded on this' Act in the Supreme Court, 21 V., e. 30, B. 31. using the name If any person shall write, paint or print, or mould, cast or carve, or of a patentee or engrave or stamp upon anything made, used or sold by him, for the tSfworS^Pateiit ^"'^ making or selling of which he has not obtained a Patent, the name, ta., without an- or any imitation of the name of any other person who has obtained Let- thority ters Patent, without leave in writing of such Patentee, or his assigds, or if any person shall, upon such thing not having been purchased from the Pantentee, or some person who purchased it from or under him, or not hav- ing had the license or consent In writing of the Patentee or bis assigns, write, (fee, or otherwise mark the words "Patent," '•Letters patent," "By the Queen's Patent," or any words of the like kind, meaning or impoi-t, with a view of imitating or counterfeiting the stamp, mark or other, devise of Penalty the Patentee : penalty, £50 ; recoverable by action of debt, &c. ; oue Not applicable- "^"'^'y '" '''^® person who sues. Not to subject any pei son to any penalty after expiry of for stamping, or in any way marking the word "Patent" uponanything Patent upon which a Patent before obtained has expired, 21 V., c. 30, s. 32. Ponna The forms in the Schedule may be used and varied as occasion requires, 21 v., c. 30, s. 33. Stamps The Stamp duties in Schedule shall be charged, and no others, 21 V., c. 30, s. 34. Scirefa^ias '^'^^ ^''''' °^ Scire Facias shall be for the repeal of any Letters Patent under this Act, as the same would be for the repeal of Lettfers Patent issued under the great Seal in England, 21 V., c. 30, s. 35. Act to be con- If any doubts arise in the construction of this Act, they are to be con- strued i^ analogy strued by analogy to the laws now or to be in force in England, relating to Sliawf ''^*" Patents, so far as they shall be applicable, 21 V., c, 30, s. 36. Commissioners The Governor may, by Warrant under his Sign Manual, freofrom Stamp duty, appoint Commissioners during his pleasure, and who may be sum- moned to attend any meeting, and take part in any proceedings of tiie Go- vernor in Executive Committee in any matter under this Act, 21 V., c. 30, s. 37. Interpretation "Invention," "Discovery ' and "Improvement" shall mean any manner of new manufacture or new mode of manufacture, the subject of Ijetter Patent and grant of privilege within the meaning of 21 Jas. I, c. 3. " Pe- tition," "Declaration," " Eeference," "Certificate," "Warrant," "Letters Patent" shall mean instrumeuls in the form and to the eifect in the Sche- dule, subject to such alterations as may from time to time be made under the powers of this Act, ai V., c. 30, s. 38. Shorltitle '^^^ Patent Law Amendment Act, 1857, 21 V., c. 30, b. 39. No Letters Patent heretofore, oi to be obtained in Great Britain or else- No ^tish or .jyi,g,.e_ for ti,e exclusive privilege of trade or manufacture, or any inven- effeofliere with- tion in connection tlierewith, shall be of any validity or effect in this Island, out a Patent un- unless Letters Patent for the privilege or invention, in respect of which der this act saeh foreign Letters Patent may have been obtained, are granted and issued under this Act, nor until all its provisions and reqairements have been com- plied with in respect to Letters Patent, 21 V., c. 30, s. 41. SCHEDULE. Stamp Duties. Letters Patent £5 Petition Declaration Specification Eeference Certificate or Warrant of Attorney-General Disclaimer or Memorandum of Alteration Assignment . •••• ••-» 1 fi 1 6 5 1 6 10 PATENTS FOR INVENTIONS. FORMS. To His Excellency, &c. &c., (here insert name and title of Governor.) The humble petition of (here insert name and address of petitioner,) for, &o. " Sheweth, Thac your petitioner is in possession ol an invention for (The title of the Invention.) which invention he believes will be of great public utility ■, that he is tlie true and iirst inventor thereof, and that the same is not in use by aiiy other person or persons, to the best of his knowledge and belief. Tour petitioner, therefore, humbly prays that your Excellency will be pleased, in the name and on behalf of her Majesty the Qneeu to grant unto him, his executors, administrators and assigns Her Majesty's Letters Patent for this Island, for the term of fourteen years, pursu- ant to the statute in that case made and provided. And your petitioner will ever pray, &c. &'^^ Petition I, .. of in the county of do solemnly and sincerely declare that I am in possession of an inven- tion for, &c., &c. (The title' as in petition.) which invention I believe will be of great public utility ; that I am the true and first inventor thereof, and that the same is not in use by any other person or persons, to the best of my knowledge and belief; and that the instrument in writing, under my hand and seal, here- unto annexed, particulai-ly describes and iascertains the nature of the said invention, and the manner in which the same is to be performed ; and I make this declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed. A.B. Declaration Declared at this- day of A.D. before me , Justice of the Peace, To all whom these presents shall come : I, of that I, the said my invention for send greeting : Know ye, , do herebv declare the nature of (Insert title as in petition.) and in what manner the same is to be performed to be particularly described and ascertained, in and by the following statement, (that is to say :) (Here describe the invention.) SpeoiflcatiOQ B,, have heretofore set my hand this A. D. In witness whereof, I the said A. day of We attest : C. D. of , &e. E. F. of &c. His Excellency is pleased to refer this petition to Her Majesty's Attorney- ?*'^'"* '" ?' General, to consider what may be properly, done therein. neMttai "" Secretary to the Executive Committee. In obedience to his Excellency's command, referring to me the petition of , of , to consider what may be properly done therein, I do hereby certify as follows : that the said petition sets forth that the petitioner (Allegations of the petition.) And the petitioner most humbly prays Warrant 5S6 PATENTS FOR INVENTIONS. (Prayer of the petition) That in support of the allegations contained in the said petition, the de- claration of the petitioner has been laid before me, whereby he so- lemnly declares that (Allegations of the declaration.) That there has also been laid before me a specification signed and attested by two witnesses, and also a certificate of the filing thereof. That it appears that the said application was duly advertised. Upon con- sideration of all the matters aforesaid, and as it is entirely' at the ha- zard of the said petitioner, whether the said invention is new, or will have the desired success, and as it may be reasonable for his Excel- lency to encourage all arts and inventions which may be for the pub- lic good, lamof opinion that hie Excellency may grant Letters Patent unto the petitioner, his executors, administrators, and assigns, for his said invention, within this Island, for the term of jourteen years, accord- ing to the statute in that case made and provided, if his Excellency shall be graciously pleased so to do, to the tenor and effect following : (See forms Letters Patent.) Given under ray hand this day of A. D. Attorney-General, Jamaica. L«tteri Pitt«iit Victoria, by the grace of God, of the united kingdom of Great Britain) and Ireland, Queen, and ol Jamaica, lady defender of the faith. To all to whom these presents shall come greeting : Whereas hath, by his {petition, humbly represented unto our Captain-General and Governor -in-Chief of our Island of Jamaica, that he is m possession of an invention lor (Insert title of Invention.) which the petitioner conceives will be of great public utility ; that he is the true and first inventor thereof, and that the same is not in use by any other person or persons, to the best of his knowledge and belief. The petitioner therefore moat humbly prayed that we would be gra- ciously pleased to grant unto him, his executors, administrators, and assigns, our royal Lettets Patent, for the sole use, benefit, and advan- tage of his said nivention, within our said Island of Jamaica, for the term of fourteen years, pursuant to the statute in that case made and provided. And whereas, the said hath particularly described and ascer- tained the nature of the said invention, and in what manner the same is to be performed, by an instrument in writing, under his hand, and has caused the same to be duly filed in the oflice of the Island secretary. And we, being willing to give encouragement to all arts and inventions, which may.be for the public good, are graciously pleased to condes- cend to the rQC[uest. Know ye therefore that we, of our special grace, certaiii knowledge, and mere motion, have given and granted, and by these presents, for us, our heirs and Buocessors, do give and grant unto the said his executors, administrators, and assig'ns, our especial license, full power, soleprivilege and authority, thatlje the said his executors, adnunistrators and assigns, atid every of them, by him- self and themselves, or by his and then' depfUty or deputies, servants, or agents, or such others as he the said - • his.exeeutora, administrators and Assigns, shall at anytime agree with, and no others, from time to time, and at all times hereafter, during the term of years herein expressed, shall and lawfully may make, use;" -exercise,- and vend his said invention, within our said island of Jamaica, in such manner as to him the said his executors, adminis- trators, aud assigns, or any of them, shall in his or their discretion ' seem meet i and that he the said his executors, admi- nistra;tors and assigns, shall and lawfully may have and enjoy, the whole profit, benefit, commodity, and advantage, and enjoy from PATENTS FOR INVENTIONS. 527 time to time, comiog, growing, accruing, and arising by reason of the said invention, for and durmg- llie term of years herein mentioned, to have, hold, exercise, and enjoy the said licenses, powers, privi- leges, and advantages hereinbefore granted, or mentioned to be granted, unto the said , his executors, adminis- trators, and assigns, for and during, and unto the full end and term of fourteen years, from the day of A. D. next and immediately ensuing, and according to the statute in such case made and provided ; And to the end, that he the said , his executors, administrators, and assigns, and every of them, may have and enjoy the full benefit, and the sole use and exercise of the said invention, according to our gracious inten- tion herein-before declared, we do by these presents, for us, our heirs aud successors, require and strictly command all and every person and persons, bodies politic and corporate, and all other our subjects whatsoever, of what estate, (jiiality, degree, name or con- dition soever, they be, within our saia Island of Jamaica, that nei- ther they nor any of them, at any time during the continu- ance of the said term of fourteen years hereby granted, either di- rectly or indirectly do make, use, or put in practice the said inven- tion or any part of the same, so attained unto by the said as aforesaid, nor in anywise counterfeit, imitate, or resemble the same ; nor shall make or cause to be made, any addition thereto, or subtraction from the same, whereby to pretend himself, or them- selves the inventor or inventors, devisor or devisors thereof, without the consent, license or agreement of the said his executors, administrators or assigns, in writing, under his or their hands and seals, first had aud obtained in that behalf, upon such pains and penalties as can or may be justly iuilicted on such offenders for their contempt of this our royal command ; and further, to be an- swerable to the said his executors, administrators, and assigns, according to law, for his and their damages thereby oc- casioned ; and moreover, we do by these presents for us, OM heirs and successors, will and command all and singular the Justices of the Peace, Constables, and all other Officers and Ministers whatsoever, our hell's and successors for the time being, that they, or any of them, do not, nor shall at any time during the said term hereby f ranted. In anywise molest, trouble, or hinder the said is executors, administrators, or assigns, or any of them, or his or their deputies, servants, or agents in or about the due and lawful use or exercise of the aforesaid invention, or anything relating thereto : Provided always, and these our Letters Patent are, aud shallibe upon this condition, that if, at any time dming the said term hereby granted, it shall be made appear to us, our heirs or successors, or any six or more of our or their Privy Council of our said Island of Ja- maica, that this our grant is contrary to law, or prejudicial, or incon- venient to our subjects in general, or that the said invention is not a new invention, as to the public use and exercise thereof, or that the said is not the true aud first inventor thereof within this Island as aforesaid, these our Letters Patent shall forthwith cease, determine, and be utterly void to all intents aud purposes, anything hereinbefore contained to the contraiy Jihereof in anywise notwithstanding : Provided also, that these our Letters Patent or any thing herein contained, shall not extend or be Construed to extend, to give privilege unto the said , , his executors, ad- ministrators, and assigns, or any of them, to use or imitate any inven- tion or work whatsoever, which hath heretofore been found out or invented by any other of our subjects whatsoever, and publicly used or exercised, unto whom our like Letters Patent or privileges have been' already granted for the sole use, exercise and benefit thereof. It being our will and pleasure that the said , his exe- cutors, administrators, and assigns, and all and every other person and persons to whom like Letters Patent or privileges have been already granted as aforesaid, shall distinctly use and practice their several inventions, by them invented and found out, according to the true intent and misaning of the same respective Letters Patent, and of these presents : Provided likewise .nevertheless, and these our Letters Patent are upon this express condition, that if the said iJ88 PAUPBKS, inBtrament in writing, filed as aforesaid, does not particolaily describe and ascertain the nature of the said invention, and in what manner the same is to be performed ; and also, if the said his executors, administrators, or assigns, shall not supply or cause tq be supplied for our service, all such articles of the said invention as he ortney sh,all be required to supply by the Officers or Commission- ers administering the department of our service, for the use of which the same shall be required, in such manner, at sucb times', and at and upon such reasonable prices and terms as shall be settled for that purpose by the said Officers or Commissioners requiring the same, that then, and in any of the said cases, these our Letters Patent, and all liberties and advant^es hereby granted, shall utterly cease, deter- mine and become void, anything hereinbefore contained to the con- trary thereof in anywise notwithstanding : Provided, that nothing herein contained, shall prevent the granting of Licenses in such manner, and for suoH consideration as they may by law be granted ; And lastly we do, by these presents for as, our heirs and successors, grant unto the said his executors, administrators, and assigns, that these our Letters Patent on the filuig thereof, shall be, in and by all things, good, firm, valid, sufficient and eSfectual in the law, according to the true intent and meaning thereof, and shall be taken, consti-ned, and adjudged in the most favorable and benefi- cial sense, for the best advantage of the said , his executors, administrators, and assigns, as well in all our Courts of Record as elsewhere, and by all and singular the Officers and Ministers whatsoever of us, our heirs and successors, in our said Is- land of Jamaica, and amongst all and every the subjects of us, our heirs and successors within our said Island of Jamaica, notwith- standing the not full and certain describine the nature and quality of the said invention, or of the materials Ifiereunto conducing or be- longing ; Provided fui'ther, that if the said liis heirs, administrators or assigns shall, upon petition, presented to our Captain General and Govemor-in-Chiei, or Officer administering the Government of our said Island, before tlie expiration of the term of years hereby granted, show that he or they has or hath been unable to obtain a due remuneration for his or their expense or labor in per feoting the aforesaid invention, and our Captain General and Gov- ernor-inrChief or Officer administering the Government as aforesaid, in Executive Committee, shall be of opinion, that an extension of the term of years aforesaid, should be granted, it shall be lawful for our Captain-General and Governor-in-Chtef, or Officer adminis- tering the Government as aforesaid, to extend the teim of years aforesaid, for any further period not exceeding 7 years, and to sign and issue in the name and on behalf of us, our heirs or successors new Letters Patent in the foi-m or of the tenor or effect aforesaid unto the said his executors, adminis- trators or assigns for the aforesaid invention, for any such farther pe- riod not exceeding 7 years as aforesaid accordingly. And to the end aforesaid, we have caused these, our Letters Patent to be sealed with the Broad Seal of our said Island of Jamaica. Seal. Witness his Excellency, , and in thesamo apd.every part >* ^ tHerepf, Ip hold to the said Juetices and Vestry of the said parish of ^ ' aiid tneirjguccessorS, to, for and upon the uses', fntenla and purposes of , .a obtain Act of the Governor or Coundl and Ass,embly of tbie Isl^tad, . made and passed in the 7th year of the.reignof hiallajesly King , . George the Fourth, entitled ""An Act to enable tlie Justices and Vee- "., . trvroen of the'several parishes of this IsIaMd, by the acquisition and •'', Beitlementof lands, to furnisli relief to Paupers, and promote habits of industry amongst them, to enable the Corporation of the city of King- - . _ ston, and the Justices and Vestiymen of the several parishes of this , Island, to bind out Apprentices, and for other purposes." Iti witness whereof I have hereunto set my band and seal, this day of in the year of our Lord , and shall be valid and effectual, 7 6. 4, c. 26, s. 2. The .Corporation aud Justices and Vestrymen shall lay and allot the Lay out towns, lands iu the formation and establishment cif Towns, villages or farms, and in &<: snch other Vay as to afford useful employment for Paupers either in agri- 'tulture or fnanufaccures, 7 6. 4, c. 26, s. 3. And shall also m*ke such ri^le^ and regulations as to thf .allotting and Materegulatioas laying out of such lands, and the eniploymeiit or settlement o£4'aupe''s mere- a? to^ allotments on, as live best calculated to promote habits of industry amongst them, and afford them the means of madntenauos, not repugnant to the prerogajive or laws, 7 G. 4, 0. 26, s. 4 . ■ • . And may by deed, demise, lease or grant, all or any^ part of the lands to any person for such term of years, and under such reservations, conditions '. «isd restriclions, as shall seem meet, aud calculated to promote the objects of the act, 7 G. 4, c.26, s. 5. Incorporated as " The Corporation of the City and Pariah of liingston" Inborporatiou aud " The Justices and Vestry of the parish of 7 6. 4, c. 26, s. 6. All d^eds ifcc, shall be exempted from Stamp Duty, 7 G. 4, c. 26, s. 7. Exemjition f rom Stamps Pavrabsokevs- All persons using and exercising the trade or business of a Pa %vnbrolcer Iiimitation of may demand and take from all persons applying to redeem any goods S*S^ profit, on Eawued, a profit at the following rates beyond the principal lent, befoife s'w™ eing obliged tore-delivar the same : — • For every pledge on which there is lent, not exceeding 4s. : 3d. for a^'time not exceeding 1 calendar month, and the same for every caBndHrimooth afterwards including the current month, although not expired ; Above 4b: and not exceeding 19s. : 3d. and Id. additional for every 2s. . above 4s ; Above 10s. and not exceeding 203. : 6d. aud |d. additional for every 2s. above 10 ; Above 20s. and not exceeding 40s. ; 8Jd. and Jd. additional for every 3s. above 20s : , Exceeding 40b. and not exceeding £10 . Is. 2d. and jd, additional for every .ts. above 40; to be in full for all interest due, and charges for Warehouse-room, 11 V.i e. 36, 8. 1. Where the party applies to redeem within 7 days after the first caleu- Computation of dar month, he may redeem without paying any thing by way of profit for mouth and paita the 7 days, or part elapsed. After the first 17 days, and before the expira- tion trf the first 14 days of the second month, he may redeem on paying the profit for one calendar month, and the half of another, bilt after the ex- piration ot the fiist 14 days, and before the expiratson of the second calendar month, the Pawnbroker may demand the profit of the whole second month, and the like regulation and restriction shall take place ia every sub8eq.uent calendar month, jwherein application is made to re- Abatement ot deem. Where payment cannot be made iu the current coin, the Pawn- excess oyer cur- brokfr shall wholly abate the excess from the sum to be received, 11 V., rtntooin e. 36, «. S. 8T fl30 PAWNBKOKERB, Partioulara of . Persons taking goods by way of pawn, shall, befoie lendiuc aav ?i™l1n52,„t™" moiey-thereon, enter or cause, &o., in a fair and regular manner: in a i>ereamBoojt a book to be kept for fhe purpose, a description of the goods received m pawn, pledges' or exchange, the money to be advanced, with the day of the month and year, and the name of the person, by whom pawned, the name of the street and number of the house, if numbered, where such person abides, and the name and place of abode of the owner of the goods according to the information of the person pawning, into all which circnm' stances the Pawnbroker is required to enquire of the parly pawning before any money is lent. In all cases the entry shall be made within 4 hours after Withm 4 horns the ^oods are pawned, and the entry of the pledge shall be numbered pro- And numbered gressively, as received, viz : The first Pledge received in pawn in the first month after the Act comes into operation, shall be numbered No. 1 ; the second. No. 2 ■ and so on progressively until the end of the month. The first Pledge received in the next month shall be numbered No. 1 ; the second, No 2 ■ and so on progressively until the end of the month. ' And the like regulation shall be observed in every succeeding month. Number to be Upon every note or memorandum respecting any such Pledge, shall be TOtten or printed fairiy and legibly written or printed, the number of the entry, and every Noh.°.r7 ..,*■ '""'VP^™"" ^l^an, at the time of taking the pawn, give to the person pawning ciUa?r * °°*'' ?'■ memorandum, fairly and legibly written or printed, or in plrt writ- ten and in part printed, containing in like manner a description of the goods received m pawn, the money advanced, with the day of the month and year, and the name and place of abode, and number of the house, if said to be num- bered, of the person by whom the goods are pawned, and also the name and pl?ce of adode of the owner, according to the information aforesaid, and upon which, or the back, shall be fairly written or printed the name To be delivered and place of abode of the Pawnbroker, which note the party pawning JS.??"™?*,-.'" °'S ^^^^ ^""^P* ^"^ ''^ '='^^^^' ^""^ "'^ Pawnbroker shall not receive' and retain Suofd at'ttae 9^ 5'«/«f, ™''='^ ^'S ^,° ^1- .^^^, "9'^ ^Y^^ ^^ delivered gratis, and pro- of redemption ouced to the Pawnbroker before he is obliged to re-deliver the goods, ex- , cept as after excepted, 11 V., c. 36, s, 3. Pi-oflt reeeived Where any goods are redeemed, the Pawnbroker shall at the time fair- to be endorsed on ly write or endorse, or cause &c., upon every duplicate, the amount of the toTftopTfOTa P™fi' t^lcen, and keep the duplicate for one year, 11 V., o,36, b.4. year Any person knowingly and desiguedlv pawning, pledging or exchaug- ^?S^^?,nf°°?^ '"Si 01' nnlawfully disposing of the goods of any other person, not being em- witaoutautliority ployed or authorised by the owner, may be apprehended by warrant of a Penalty summa- ""^'i''^' """^ <>" conviction beiore any Justice, shall forfeit not exceeding £5 rily recoverable nor less than 20b, and the full value of the goods to be ascertained by the and application Justice, and if not forthwith paid, shall be committed to hard labour not exceeding 3 calendar months unless sooner paid. The forfeiture when recov- ered shall be applied towards making satislaction to tlie party injured and defraying the costs of the prosecution as adjudged reasonable by the Jastice; but it the party injured decline to accept satisfaction and costs, or there is' any overplus they shall be applied for the use of the poor, 11 V., c. 36 s. 5 ^ . If any person counterfeit, forge or alter, or cause, &c., or utter, vend or coun^rieitMtos ^^" ^^'^ ""'^ "'' memorandum knowing it to be counterfeit, &c. with intent to .Apprehension defraud any person, his servants or agents to whom it is uttered or produced, without warrant shewn or ofiered, whichhe has reason to suspect is counterfeit, &c., may seize and detain and deliver him, as soon as conveniently may be, into the „ .. . custody of a Constable, to be conveyed as soon as conveniently may be to a V/UinillluXUCUU J,.,«.4.!«^ _ n^^ J .I^.vw,^.^ A vm«v«iv«n t'1 Av« 1^ It v\«^Art iin rlm^ tiAin /villi *-¥t +I-\^i T>iaflAa TYISIV Apprehension If any person who offei'S by way of pawn, &c., any goods, is not %vithout warrant able, or refuses to give a satisfactory account of himself, or of the means of persons offer- ^,y ^hich lie became possessed, or wilfully gives any false information ^m goods nncler to the Pawnbroker, or his servants, as to" whether they are his own suspioous circum- property or not, of liis name, or place of abode, or of the name and stances place of abode of the owner, or if there is any of her reason to sus- pect that the goods are stolen, or otherwise illegally or clan- destinely obtained, or if any person not entitled, nor having any color of title by law to redeem goods in pawn, attempt, ' or en- deavour to redeem the same, any person, his servants or agents to whom the goods are offered, or with whom they are in pledge, may PAWNBROKEHS. 53l eeiae and detain the peraon and goods, and deliver tlie person immediate To be taken be- ly into the cnstody of a Constable, who shall, as soon as may he, con- fore a Justice tor vey him and the goods betore a Justice, and if the Justice, lipon ex^ «ai>™a,tion amiuation and enquiry, has cause to suspect that .the goods were stolen, or illegally or clandestinely obtuined, or that the person offering and endeavourmg to redeem them has not any pretence or color of riglit so to do, he may commit the person into "safe custody for a reasonable" r<^„„!ty„^t «„, time (as to power to bail, see Justices 13 V., o. 24, s. 14; 13 V., c. 35, s!rf"™sSay s. 16) to obtain proper information on the subject, in order to be farther examined, and if upon either of the examinalions it appears to the sa- tisfaction of the Justice that the goods were stolen, &;c., he may com- Commitment mit the offender to be dealt with according to law, where the nature of the offence authorizes such commitment, by any other law, or where not, the commitment shall be for not exceeding 3 calendar months, 11 V., c. 3fi, s. 7. Any person, knowingly buying, or taking in as a pledge, &,c., any „ i i h goods of any manufacture, or part or branch of any manufacture, either jngor taWng"ta mixed or separate, or any materials plainly intended for the composing or pledge unflniah manufacturing of any goods after they are put into a state or course of ed goods or ap« manufacture, or into a slate for any process or operation to be thereupon 6^^™?''^ '^Sc" or therewith performed, and before they are completed or finished "r made up for the purposes of wear or consumption, or any linen or apparel entrusted- to any person to wash, scour, iron, mend, manufacture, work up, finish or make up, on conviction before a Justice, shall forfeit double the sum given for, or lent on the same, to be paid to the poor, and recovered as other for- feitm-es under this Act, and shall be obliged to restore the goods and mate- rials to the owner in the presence of the Justice, 11 V., c. 36, s 8. If the owner of any goods of any manufacture, &c., or any linen, &c., seMch warrant as in the previous section, unlawfully pawned, makes out by oath, or solemn for any such affirmation of a Quaker, before any Justice, that there is just cause to sus- goods pect that any person within his jurisdiction has taken to pawn, &c., anv such goods or materials, linen or apparel so entrusted of sucli owner, and with- out his privity or authority, and make appear to the Justice probable grounds for tne suspicion, he may issue his warrant for searching within the hours of business the house, warehouse or other place of the person charged as suspected, and if the occupier, on reiiuest by any constable au- thorized to search by warrant, refuses to open and permit the house, &c. to be searched, any constable may break open the same within the hours of - , business and search, as he thinks fit, for the goods, materials, linen or apparel suspected to be there, doing no wilful damage ; and no Pawnbroker or other person shall oppose the search ; and if any of the goods are found, ^^lA restoration and the property of the owner made out to the satisfaction of ary such Jus- tice, by bath or solemn affirmation or confession, any Justice may thereupon cause them to be forthwith restored to the owner, 11 V., c. 36, s. 9. If the owner of any goods unlawfully pawned, pledged, or exchanged, ggarch warrant makes either on his oath or by the oath of a credible witness, or solemn affirma- where otlier goods tion of a Quaker, before a Justice, that such owner has his goods unlaw- are pawned folly obtained or taken from him, and there is just cause to suspect that any person has taken to pawn, or by way of pledge, or in exchange, any goods of such owner, and without his privity or authority, and make ap- pear to the satisfaction of such Justice probaole grounds for the owner's sus- picion, smy Justice may issue his warrant for searching, within the hours of business, the house, warehouse, or other place of any person so charged or suspected to have received or taken in pawn, or by way of pledge, or in exchange, any such goods, without uhe privity of or authority from the owner, and if the occupier refuse to open the house, &c. any constable may break it open and search, as he thinks fit, for the goods suspected to be there, doing no wilful damage ; and no Pawnbroker or other person shall oppose or hinder any such search, and if upon the search, any of the goods which have been so pawned, &c. are found, and the property of the owners from whom they have been unlawfully obtained or taken is made out to his satisfaction, by oath, affirmation or confession, any such Justice may cause proceedings to the goods to be restored, 11 v., 0. 36, s. 10. recover goods If any goods are pawned, &c., for securing moneys lent thereon, ISatag'^iO^or not exceeding in the whole £10, and the profit thereof, and if within one their value on year after [proof being made on oath or affirmation by a credible witness, payment or ten» and bv promicing the note or memorandum directed by this Act (s. 3.) ^ p^oflt™"''"^ 532 , SAWNBB0KER8, the pawnjng witlun one j^ar, or one year and 3 moniha as the case may be, {s. 14, 15) any pawner wno was the real owner at .the time dt pavning^ bis . exeoutorB, aaniinistiifttors , or aeeighfe, tender to the lender^on the s^euiit^ of the goods pawned, hisje^^ciiiors, &o. the principal money 'bovrowedand pro- fit, according to the table of rates (s. 1,2) and the person who took the ^ods in pawn, liis e^^eciifors &(j., without reasonable vcause, neglect oi' refege to , deliver back the goods, pawned for any sum not exceeding thgnrincipaljuqi !■ of £10, to the person who borrowed the money, his executorg, »c^)|if'^ny, Such case, on oath or affirmationaa aforesaid by the pawner, hi^exeootipiw&c., or other credible person, apyjnstioe of the parif b yrhere the persotlwiiaitaok the pawn, his executors &o., dwelt, on application'of the borrowed, liisexe- cutors, ^c, shall cause the perspn who took thg pawn, his e:$eeatorE, &o., within the juiisdiotion, to come before him, ^nd examine on oatli &c., thek "^ parties and witnie^es, and if tender of the principal and profits is proved to nave been made (the principal not exceeduig jC'lfi) to the tender, &c.,.*by the borrower, his executors, &c.', within the space of one year,_or one year and tliree mouthS) as the case may be, on payment of the principal money and profits due tbereou to the tender &c., and in case of refusal to accept same before the justice he shall therenpon by orcjer under his hand direct the goods pawBed forthwith to be delivered up tp-the pawner, his executors, ^ and assigns, and oitnegleot or refusal to.4eliver'u^OT make satisfaction for ' the goods as the justice shall order', he ,maj corqmil the party refusing, until' , lie deliver up the goods or make such satisfaction or compensation as he adjudges reasonable for the value, to the pai'tytentitled to the redemptioti. - (see 6. 20.) 11 v., 0.36,8.' 11. ' -T Person prodno- Any person who at any time produces any note, or memoranflnm ing note to be to t'he person with whom the goods were pawned^ as the owner, or ,a8 deemed owner authorized by him to redeem, and requiring a delivery, shall he deemed' so far as respects the person having the ^goods' in pledge', the real ow^iA or proprietor ; and the Pawnbroker after receiving satisfaction of prinoJiial ana profir, shall deliver the goods to him,"'and be indemniSed, unless pre-' vious notice has been given to him, from the real owner, not to deliver Unless notiise them to the person producing, such nl;te, or unless notice has been given la given not to that the ^oods have been^ ijr are suspected tp liave been fraudulently, o'r S^'the ?oods f8l°'^'<'*'8iy taken or obtained, aiid -.itnless the real owner proceeds, as after have been irau- directed for redeeming the gdoda' where Jhe note has been lost, mislaid, dulently, &c., ob- destroyed or fraudulently obtained from him, 11 'V., c. 36, s. 12. los? &o°'byowner I' ""7 Pawnbroker has had previous, notice, or any note or memo- proceedings in randiim is lost, mislaid, destroyed, or '.ftaudulently obtained from the cD^eof lost, note ovs'hev, and the goods remain unredeeined^ he'shaU, at the, request of any ''bta?'°lo'od"' ' *° person, who represents himself as owner; deliver tq the person applying " ^ a copy of the note so lost, &c.,, with a declaration in the Form required by the Act substituting declarations in lieii of Oaths, (see Oaths, 6 V., c. 21) of the particular circumstances attending the'case, printed or -written, or " in part printed and in part written, or the copy as stated to him by the pai-ty applying, for which the Pawnbroker shall receivS 3d. from him," and , such person shall thereupon prove his property in, or right to such goo3y^ lo the satisfaction of a Justice of the mrish Wltes they were pawftel,.,' * &c., and shall make the declaration before the Justice, who.shajl authen- ; ticaie it, whereupon the Pawnbroker shall suffer him, on leaving the. copy of the note, a'ud the declai-ation, to redeem them, 11 V., o. 36, s. 13. ,' Goods forfeited All goods pawned shall be deemed forfeit.64, and maybe sold'at the at tlie end of the expiration of one whole year exclusive of the day -^vbereon they were yoax pawned, and goods I'O forfeited, on which above 20s., and not exceeding ' 2of tofioto ta £10, have been lent, shall be sold by public auction, and not otherwise, sold by auction bv order of the person having the same in-pawn, after the expiration of: • tlie.yeai'; but the person employed to sell shall- cause them to be ex- Catalogues and posed to public view, and catalogues to be pubhshed, containing the name and place of abode of the Pawnbroker, the month the.goods were re- Advertisement ceived in pawn, and the number of the pledge,, as entered in his book, - and an advertisement giving notice of sucb sale, and containing the Pawn- • broker's name and place of abode, and the month the goods were received in pawn, to be inserted 2 days in some public newspapers, 2 days, at least, before the first day of sale, and the goods pledged with every Pawnbroker, shall be inserted apart from each other, on paW of for- feiting to the owner not exceeding £ 10, nor less than 40s., 11 V., c. 36, ». 14. . ^ PA^VWBOKEKS. 533 Itanypergon.entitled to redesm' before or on tlie expiration of the year, postponement of give notioein writing, orintlie p!:e8eii,Go of one witness, totlie person havinj^ sale by cwnerfor tlie goods in; pledge, or leave th^ sameat his place of abode, not to sell at the ? mqntha end of the year, they shall not jje sold until aller the §kpiratiou of 3 calen- dar Inontha after tlie ySar, during which 3 months the owner may redeem npon,l!he teams of tHis^ct. 11 V., c. 36, s. 15. , • ■• '"AH persons with ■v^homanj-good^'are pawned shall enter in a book to Accounts to be be kept, a trae account of the sale of all ehch goods sold as aforesaid, ex- kept of sales of jBeSsing the day of the tnonth when pledged, and tlie name of the person forfeltd goods pledging,^ according to the entry niacle at the time.of receipt; and where the sum pledged thereon does not e"xceed 203, expressing also' the day of sale, the prife6 obtained, and the name and pUice of ^bode Of the person to> wh()m sold; where it is upward^ of 20b, expressing also the day when, and the mo- ; ^ney for whjoli-the goods were sold, with tfie name and place of abode of the -inelioneer (Recording to the inforpaation from him; and ui case any goods are And any over- sold for moi-e than the principal riioney and pnofit dae thereon at the time plus beyond prin- of sale, the-overplus shall be paid on demantl'to the perapu by whom, or on "'!!¥/'"?? profits whose accountthey were pawned, Ms executors, &c. ; in case demand is ir'&e ^dmiand made within 3 years after sale, the necessary oo^ts and charges being iirat WtSin 3 yeaa* af-, deducted, and tne persons who pawned the goods, or for wfiim they were ter sale pawned, their executors, &c., shall^for their satisfaction', lie permitted to in- Inspecting o f ^)ect the entry of sale.'paying 3d and no more. If any person refuse to ™Sa,lty on re» permit any person who pawned the,- goods, or is entitled to such overplus fusai, So woney toinspect tlie entry asftforesaid, such per.son, if an executor, &c ,or assignee, a't sucli time producing his letters' testamentary, or of admini^ i- 'tioa or assignment, or certificate, (under 37 V., S. 1,0. 16,) or in CiisS I. ■ goods were sold for more than the sum entered, or if any such person shall njit make such entry, or shall not have bona fide, according to the' directions, sold, or refuses to pay the overplus upon demand (executors, &c., producing their lettere, &c., or assignment) he shall forfeit jolO, and treble the sum the goods were originally pawned for, to the pervoa by whom or on whose account they,were pawned, his executors, &c., to be levied by distress and sale by warrant of S Justices, 11 V,, c. 3t), s. 16. No person having any .goods in pledge shall,- under any pretence, by Mm- purchases by self or any other for hinl, purchase any ..such goods during the time they re- pawnbrokers pro- mainin his custody as such pledge, except at public auciion aa aforesaid aibited (8. 14), nor suffer lljem-'fo bfi I'edeemed with a View or intention to purchase, , nor shall any person taking or haying any goods in pledge, make or cause &c., any contractor agreement' with ahv person, oifering to pledge orpledg- ing With the owner, for the purchase, sale, or disposition of the goods before the expiration of one year from the time of pleilgiug, nor shall any Pawn- Or taking pledges broker pui'ohase or receive, or take any goods in pledge from any person &o., from pereons who appears under 12, or to be intoxicated with liquor, or purcliase oi take under 12 orintox- in pawn, or exchange the note or memorandum of any other Pawnbroker, i<=^ted or buy any goods m the course of his trade or business before 8 a.m. or Hours of busi- after fi p.m. throughout the year, or employ any servant, apprentice, or ^"^ , , other person under 16 to take iu pledges, nor receive or take in goods by Bervniit8,°&™na°r ''Rray of pawn, pledge or exchange before 8 a.m. or "after 6 p.m., IIV., c. 3b, letotateinpiBaeoa B-'n. . ,^. . .■ ' . &o ■C'jylp'erSonsfollowingtlietradeorbuSinessof aPawnbroker, shallcauseto Pawnbrokers to be printea or painted in large legible characters, the rate .... .... .... 2000 To the Governor and Privy Council, for extraordinary and unforeseen expenses, not exceedina; 1000 To the pay of the Officers of Fort Charles, and towards the repairs of the Forts and Fortifications of l^ort Charles (see 26 v., c. 2) .... .... .... 750 No. 2. President of the Legislative Council No. 3. Chaplain of the Legislative Council No. 4. ClerK to the Legislative Council No. 5. Librarian to the Legislative Council No. 6. Usher of the Black Rod 'To the Attorney-General To the present holder of the office of Assistant Clerk to the Council, so long as he continues to hold the office To each Member of the Executive Committee, at the rate of To the Secretary of the Executive Committee To the Members of the Executive Committee, in full dis- charge of all contingencies of office To the Speaker of the Assembly g To the Clerk of the Assembly To the Sergeant-at-Arms .... To the Chaplain of the Assembly To the Librarian of tlie House of Assembly To the Receiver-General .... To the Captain of the Train in Spanish Town To the Auditor-General, under Council Fund Public Messenger Chief Justice The Clerk of the Crown Ale Asses Bacon Bai-ley Beef, dried Beef, salted or cured, per barrel of 200lbs Beans Beer Bread or Biscuits Bricks Butter Calavances — Caudles, composition, per box, of 56lbs. . . " Tallow, per box, of ,561bs ■' Wax or Spermacitty , per box of 5ClbB Cattle, neat ". 10 27 12 150 300 72 150 d. per tun per head per cwt 3 per bushel per cwt. " " 3 per bushel per tun per cwt. per 1000 per cwt 3 per bushel per head PERMANENT REVENUE FUND. 539 Carriages, not used for agricultural purposes, for every Cheese Cider ...'.'" .'.'."" Cocoa '.'.'.'..'. Coffee, the produce of, and imported from a British possession Com, Indian . . I . ! ! ! Pish, dried or salted " smoked, not otherwise enumerated or described " Alewives, pickled " Herrings, pickled !!!!!! " Ditto smoked .'.'.'.'.'. " Mackerel, pickled ...!!! " Pickled, not otherwise enumerated or described " Salmon, smoked " " wet or salted.. .....'. Flour, Eye Wheat ■.;■.;;; Goats . . Hams ; " Horses, Mares, and Geldings ...'..'. Indigo Lard £ 3. d. Meat, salted or cured, per bai'rel of 200ibs Meal or Flour, not wheat... Molasses, produce of,' and imported from a British possession Mules Oats '. Peas Perry Pork, salted or cured, per barrel of 2001bs Porter Eice " undressed Salt Sausages Sheep Soap, per box of 561bs Spints, Brandy.. " Gin Eum, proof, and imported from British pos- session . . "' Whiskey " all other Spirits, cordials, or compounds Sugar, refined " unrefined, produce of, and imported from a Brit- ish possession Swine Tea Tobacco, manufactured, including Cavendish, for every pound weight " manufactured, for every pound weight " Segars, for every pound weight Tongues ...... " salted or cured, per barrel of 2001bs Wheat Wines, whether in bulk or bottled Wocd, for one thousand feet of Pitch Pine Lumber, by superficial measure of one inch thick " for every one thousand feet of white pine lum- ber, or other lumber, by superficial measurement of one inch thick " shingles, cypress, more than 12 inches in length, perlOOO ' ' Boston chips, and all shingles not otherwise enu- merated or described ,-,-.- ..,,.. 5 4 pei ■ cwt a per tun b per cwt 10 per ' cwt u 3 per bushel u 1 per cwt u 1 " '' 1 per barrel 1 " " 3 per box u I per barrel u a " " 5 per cwt 5 per barrel 1 " " a per " u 2 per head 4 per cwt 1 per head 3 per lb. 2 per cwt 6 " " 1 per barrel 2 per cwt 10 per head u 3 per bushel 3 " " 3 per tan 6 3 per tmi 1 per cwt 6 per bushel 1 per cwt u i> " " 2 Oper head 1 per box 3 per gallon u 2 " *' 3 " ,, 2 " " 3 " " 1 per lb 5 per cwt 2 per head 1 per lb 1 per " 1 per " 8 per " u 4 per ( cwt u 6 1 per 1 bushel 7 10 per tun 6 4 3 2 per ] 1000 g^Q PEEMAKENT EEVBNUE FUND. £ B. d. Wood, wood hoops 1 per 1000 " staves and heading, red or white oak, or aBh... 4 per 1000 And after these rates, for any greater or less quantity of such goods respectively. On all other goods, wares and merchandize, plantation supplies, and effects of every description, not previously enumerated, for every £100 value 2 D., s. 40 Bii-ds, singing Free. Books, printed, and printed paper " Bullion " Clothing, Ai-my and Navy Coals Coin Coke Cotton, wool " Diamonds " Dogs Dyewoods ...... " Pish, fresh " Flax Fruit, fresh " Guano, being manure ' Gums " Hay and straw " Hemp " Hides, raw " Ice " Leeches " Malt, doBt " Manures " Meat, fresh " Necessaries, Regimental and Navy, (cattle excepted) " Oil cakes, whole, or in powder " Plants, growing Poultry " Resins " Salt Rock " Sarsaparilla " Slates " Soda^ Ash *' Specimens illustrative of natural history " lallow, grease, tallow grease, or grease and slush " Tortoise Shell " Tow Turtle Vegetables, fresh " Wax, bees " E., a, 40 Coffee , foreign Proliibited. Molasses, foreign (repealed, 24 V., c. 13) " Rum, foreign " Sugar, refined, and sugar candy, except refined in bond, in the United Kingdom " tiugdo Sugar unrefined, foreign (These articles are all now admitted. Imports, 28 V., i Jamaica Life Assurance Company Island Cheques in circulation Conrt of Chanceiy Deposits Insolvent Act Deposit Account (see 19 V., c. 5) '.'.'.'. Island loan Trustees of marriage settlement of Duke and' Dutchess of Buckingham John Auvray ...'. Heir at law of St. Denton, exor of John Tait, et al ..... 0.) £ s. 25,500 52,337 19,798 10 5583 4 212,312 13 d. 4 i) 4 821 1 100 70 8 9 PETTY DEBTS. 541 jG s. d* Heir at law of John Eardly Wilmot 203 6 8 Exchequer bills, 13 V., c. 25, [£24,000 due, and £12,000 due July, 18541 36,000 Exchequer bills, 14 V., c. 30, [£8,060 due, and £7500 due August, 1854 15,560 Janiaiea orphan asylum 1000 Proposed issue of Island iiheques and certificates to meet outstanding public liabilities to 5th January, . 100,000 £469,285 17 30,714 2 6 6 £500,000 Rest to be applied to the payment of deposits, &c. Petty Debts. The Petty Debt Act, 1856, 19 V., c. 37, s. 1 . Short title All claims and demands in the nature of Debts, or of liquidated jjev,,,. „, i!|,ui„ damages, not exceeding; £10, and aU claims or suits for unliquidated damages, dated damages or arising out of torts in which the damages claimed do not exceed 40s., uotexceedtagSlO; may be recovered before 2 Justices of the parish where the Debts were con- ™ii<)"iSflO. No defendant shall be allowed to set off any debt or demand claimed to be due to him from the plaintifi", or to set up, by way of defence thereto, the- benefit of the statute of limitations, or a discharge as an Insolvent Debtor or coverture or infancy, unless a notice, in writing, (Form) setting forth the set- oflfor defence, and the particulars thereof have been given to the plaintiff, or if more than one, to one of them, by delivery of a copy to him, or to a servant or inmate of his known residence or place of business, 2 clear days at least previous to the hearing or adjudication, 19 V., o. 37, s. 11. In proof of the defence of a discharge under the Insolvent Debtors' Act, it shall be sufficient to produce the copy of the order, or discharge, attested by the Clerk of the Supreme Court, with his certificate subscribed or en- dorsed or annexed thereto, setting forth an extract of the passage or entry in the Insolvent's schedule, shewing the debt claimed as inserted therein. Clerk of the Court's fee. Is 6d; and no proof of the signature shallbe neces- sary but the production of the attested copy order and certificate shall be prima facie evidence of the facts stated. 'The form of certificate shall be to the effect following : — I certify that the schedule, as filed in my office, of A. B., of the parish of the Insolvent named m the above order of discharge, contains the following entry Debts due by the Insolvent Here set out verbatim the extract required. Given under my hand this day of 18 C. D. Clerk of the Supreme Court, 19 V., <;. 37, s. 12. On application by or on behalf of any plaintifTj a summons, with the plaintiffs particulars of demand annexed (to be furnished by the plaintiff to the Clerk of the Peace in duplicate) shall issue (signed by the Clerk of the Peace without the signature of a Justice, 23 V., c. 35, s. 1), requiring the de- fendant ( or defendants in case process is prayed against 2 or more) to ap- pear and answer the claim on a day .to be named in the summons, which shall be served by delivery of a copy to the defendant, with a copy of the particnlars of demand annexed, or by delivering the same and explaining the meaning and nature theref to a servant or inmate of his known resi- dence or place of business, or in case of his absence from the Island, to his duly constituted representative, at least 5 dear days before that mentioned for the hearing, if tne defendant reside in the parish, or if out of it, 12 clear days' notice shall be given, 19 V., c. 37, s. 13. If any summons is not disposed of on the day named, from any cause, it may be heard and determined at the next, or any succeeding Court upon notice, (Form Schedule) served on the defendant free of charge to him, 19 v., 0. 37, s. 14. Of which 3 days notice at least shall be given, 20 "V., c. 20, s. 6. Upon the day fixed for hearing, the Justices in Court shall have autho- rity to establish tne- service, and upon service being duly proved and estab- Itshed, if the defendant being pubhcly called does not appear, but allows the same to pass by default, the summons shbU be marked default, and the Jus- tices before whom service is established, or those at any succeeding Court, shall have power to adjudicate thereon, proof of the debt or claim being duly given and established on oath. It shall not be necessary to seiTe any further notice for any of the next 3 succeeding Courts, at which the sum- mons may be brought on for adjudication, 19 V., o. 37, s. 15. If the defendant appears, and both parties consent, a single Justice may adjudicate, 19 V., c. 37, s. lb. If upon the appearance of a defendant, and either party refuse to sub- rait to an adjudication by a single Justice, he may adjourn the hearing until the succeeding Court-day, and upon a minute of such adjournment bein made on the suniKons, it shall stand adjourned to the nest succeedin PETTY DEBTS, §43 Not thtin nocoa- savy to aorvo fur- thor notico Service of sum- bo pi'oved ns a 1 8 o a demand Beo a. 25 Parties, wives or Foualty Not to prejudice Court-day, aud so from time to time until final . and it shall not be necessary to serve any notice on joni'nment, bat the minute on the summons and the lioly in Court shall be sufficient, 19 V., c. 37, s. 17. The service of all summons shall be proved on oath, s^ing forth the time, place, and modejof service; and judgment shall not be awSJ'''®'' in any ™"' '■> case until the plaiutiir has duly proved his demand, 19 V., c. 37, K'JS. puS^aft; On the hearing, the parties, their wives or husbands, andall otiigrper- .„..,„,, „,.„„ „, sons may be exammed on behalf of the plaintiff of defendant, upon oatrfw— i■. .11 on Col- In eveiy case of neglect or omission to make such return, or iu the per- Icotor for''nc"gieot'in formauce of any duty on the part of any Collector not otherwise provided above or oLiior oases for, the offending Collector shall be liable to a penalty not exceeding £10, to ' not inovKied for Ije recovered before 2 Justiccs, and in default of payment, to be imprisoned in the nearest prison for not exceeding 30 days, 19 V., c. 37, s. 44. Esioriionnotpay- ^^ '^'^.V Collector be charged with extortion, or with not duly paying or ing or aoeountinir accouutjug for any money levied or received by him, 2 Justices shall en- lov moneys received qyjfe ;„(„ {ijg charge, and upon being satisfied of the truth thereof, shall or- der the re-payment of any money extorted, or the payment of any money levied or received, with all reasonable costs. And in addition, they may impose a penalty not exceeding £20 on such Collector, and in default of Convieiion to ope immediate payment, may sentence him to be imprisoned in the nearest pri- und d'i'sqaaiifloaifon ^°" ^°' '"''' exceeding 3 ii ouths ; and every such conviction, unless and until to hold tiio office in rever.^id, shall operate to discharge him from his oflice, and lo diequahfy any parish, until jijm iv,,,^ holding the ofRce for any parish for the future, 19 V., c. 37, s. 45. reversed " ■' *■ , , , Justices in spc The Justices in Special Sessions assembled for the purpose, shall have eiai Session maj power to remove and diamiss snob Collector to be appointed, or any Collec- "And°ummOn and *<"' "ow holding offlcB, upou complaiiit, ou Oath, established to their salisfac- oxamine witnesses tiou : to which end they may summoii aiid examine, Oil Oath, all persoDS they "" """' deem necessary, 19 V., c. 37, s. 4G. Liability of Col- If any Collector, by wilful default or connivance, or by neglect oromis- lootor for negligent, gjon lose the Opportunity of serving-, levying or executing any process issued proccsro? omission *" him t'o'' Service or execution, any 2 .Justices, upon complaint and proof, may adjudge him to pay to the complainant the sum sought to be recovered by the warrant or process, or so much as they think proper, and may in ad- dition impose a fine on the Collector not exceeding £5, and enforce the fine if any, and the sums so iiwarded Avith costs, by \varrant of distress ; and for PETTY DEBTS. 547 ■want of sufficient distress, commit him to the nearest prison for not exceed- ing 30 days ; tlie fine to be paid to tie Collector of Taxes to the use of the poor. But not to exonerate the sureties from the penalty of tlleir bond in Sureties not ex such default, 19 V., O. 37, S. 47. onorated On the removal, resignation or dismissal of a Collector, he shall deliver On vemoToi, &c., over to his successor all summonses, vparrants or proceedings in his hands "'"'e''^" "»'','» '<"■ unserved or unexecuted, and sach successor shall act upon and enforce the SS'iisoumTpro- same as if they had been originally directed to him, and the sureties of the '^" tranafevrea to removed, &c.. Collector shall not be discharged from their bond in respect *''° ™™°"™'' of any breach of duty previously to the transfer to his successor, nor nntil such summonses and warrants and proceedings have been delivered over, and the provisions of this Act complied with, 19 V., c. 37, s 48. All summonses, warrants, process or other proceedings against any Proceedings Collector, shall be directed to and served and executed by any Policeman Sf "iS' oxe^t'ea'ty or Constable of the parish in which they shall issue, or are to be served or poiioo, &c,, tut no executed, but they shall not in any other respect be employed or engaged """"' in carrying this Act into execution, 19 V., c. 37, s. 49. If any Collector or his authorized Deputy is assaulted in the execution Assaulting CoUeo- of his duty, or if any rescue is made or attempted to be made of any goods *^„ZtSftgooia or levied upon, orof the body of any defendant under caption under firocess, aefenaant the offender shall be liable to a flue not exceeding £5, and in default of payment, to be imprisoned in the nearest prison, for not exceeding 30 days, P""? oggriovea but the party aggrieved may mstitule any other legal proceedings civilly aVieOima " ' against the offenders for redress, 19 V., c. 37, s. 50. None but the plaintiffs or defendants, in person or by their counsel, Persons to act be- aiitorney or other person duly authorized in writing, shall appear to prosecute ^"'^ Justices or defend suits before any Justices, 19 V., c. 37. s. 51. No Collector of Petty Debts shall be permitted to act as ths advocate i^"' » Collector oragent of any person before any Justice under 19 V., c. 37 or this Act, 20 v., 0. ao, s. 4. The Forms in Schedule may be adapted and varied to meet the require- Forma meats of each particular case, 19 V., c. 37, s. 52. Where a distress is made or caption effected for debt or costs, or Distress or caption for fine or penalty, the distress and imprisonment, or either, shall not be uSia-^ufor tiflJlS'- deemed unlawful, nor the party a trespasser, on account of any defect or ty a trespasser for want of form in the information, summons, conviction, suit, warrant of ^e'SliS-'aiuni'tio distress or other proceeding relating thereto, nor the party a trespasser for subsequent ir ab initio, on account of any irregularity afterwards done by the party dis- regularities, but training or imprisoning, but the person aggrieved by the irregularity, may SSS'in 'Son receive satisfaction for the special damages on an action upon the case, on the case 19 v., c. 37, s. 53. In any action against a Justice, Collector. or i.ther officer for any- justices. io , may thing done in pursuance of this Act, or in fnllilment of the duties hereby pieaa general issue imposed, the party sued may plead the general issue and give the special ma,tef taeviaene'e matter in evidence, 19 V., c. 37, s. 54. False swearing, declarmg or affirming, declared wilful and corrupt Per- ^™s= swearing, jury, 19 v., c. 37, s. 55. Assigning, transferring, delivering or making over any goods to any Jrauduienttrans. other person, in trust for, or to the use, benefit or advantage of the person Z'>yoia ■ matins the assignment or transfer, orof any other persons, or purchasing any soods in the name of another, but covertly to his own use, m order, or with intent to defeat any execution under this Act, unless proved to have been made bona fide and for valuable consideration, shall be deemed fraudu- lent and void as against any debt subsisting at the time of the transfer, as- signment or purchase, 19 V., c. 37, s. 56. All npiialtips and fines shall, unless otherwise directed, be recovered Eeeo»ory and ap summiify before 2 Justices, and applied, one moiety to the party suing, 8^^'"" °^ "^""'■ the other to the CoUector of Taxes for the use of the poor, and m failure of eoods they may sentence the offender to the neai;e8t prison f6r not ex - „i»i."" i .„i„„^..„„,„nt.li«. n.l1^Z fi48 PETTY DEBTS. with 3ra party cloes not claim any interest in the Bubjeot matter of the suit, but that the thVnroD ''?' ■*" ^''^S^^ '^ claimed or sapposed to belong to some third party), the Conrt may queiSoii ' " make an order, calling on the the third party to appear and state the nature of his claim ; and if the Court thereafter think fit, to order such third party to make himself defendant in the action instead of the Collector, and to pro- ceed to trial in the action, and to make such other rules and orders as to costs or other matters as may appear just and reasonable, 19 V., o. 37, s. 58. ivay°of fniCTpioaaor ^^ ""^ adverse claim be set up by any person, to property levied bofore t'he Justices upon by the Collector, the adverse claimant intending to assert his right thereto, shall forthwith issue a summons to the Collector, (Form Schedule), requiring him to suspend the sale of the property levied upon, until the title is determined by ii Justices in Petty Sessions, and they shall be empowered to determine the right and title to the disputed property, and award either that the property be delivered up to the claimant or be retained by the Collector, and by Mm disposed of in satisfaction of the writ or writs under suiijcci to appeal which it was levied ; and the judgment shall be subject to appeal as in other cases of summary adjudication, 23 V., c. 35, s. 3. SCHEDULE TO 19 V., c. 37. 3. d. Coiitctor'.! fees Foi Serving each summons to appear and answer 10 " *' copy summons to appear and give evi- dence, when required 10 And in addition to such service money (and on all process served and executed by him or his deputy), he shall be entitled to mile-money, at the rate of 6d. per mile, to be reckoned and estimated Iromthe Coiirt-House of the parochial town, 23 V., c. 35, s. 4. For executing each warrant of distress 2 And in addition. Is. in the £ on the amount of debts and costs, when levied or collected, to be deducted in the first in stance, after sale of goods, or receipt of such collections, and to be a char/ye on, and be levied for, from the defendant. For each original summons to appear and answer, including form, and filling up 9 Each copy 3 Recording each judgment 16 Each warrant of distress or other such process, including form, filling up, and attendance on Magistrates to have it signed .... 09 For each original summons, to include not niore than six wit- nesses, including form, filling up, and attendance on Magis- trate to have it signed 9 For each copy 3 For copies ol evidence, when required, taken in contested causes 16 Summons to op Name of parish or precinct appear luid niiswor rji^ , of the parish Of You are hereby required to appear before the Justices, at on the day of next at o'clock, then and there to answer the claim of touching a certain debtor claim, as the case may be (set forth the nature of the debt or claim), otherwise that judgment sliall pass against yon by default. Given under my hand this day of in the year of our Lord, 18 Notice to appear JAMAICA, SS. ivliBu case uot Palish ti'mcT A. B. vs. C. D. Take notice. That this cause wUl be heard on the day of next. Dated this day of 18 A. B. plaintiff. To C, D., defendant. . Clerk of tiie Peace PETTY DEBTS. 649 Name of pariah or precinct. . - . , T"™".' "' '"'' To , Collector of Petty Debts for the parish of You are hereby required on sight hereof, forthwith to levy ' the sum of being the amount of a certain claim fedjudged against in favor of together with tife sum of pounds, for costs 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 witliin the apace of one week from and after such levy, and out of the proceeds thereof to satisfy tlie amount of the said claim of the said toffether with the costs aforesaid, and to return any overplus to the BsSd and you are hereby farther required in default of finding sufficient goods whereon to levy the whole of the said debt and costs, to arrest the said by the body, and imprison him for the space of ten days in the nearest gaol, unless such debt and coats, or so much thereof as thou canst not levy, be sooner paid ; and for so doing, this shall be your sufficient warrant. Given under our hands, this day of in the year of our Lord, 18 Jamaica, ss. ^^^^' °f "P"'"! Name of parish or precinct. To of the parish of Tab© notice. That I (or we) will at the hearing of :!iis case set up the foUovring grounds of special defence (here stau- 'lie nalure of the defence.) Given under my hand (or our bands) this day of 18 Jamaica, ss. N<>'i«= to «ppe»r ' and ffivc «?iaance Parish or precinct. To (Witness's name and description.) These are to requii'e you to appear and give evidence at in the parish of at o'clock, on the day of one thousand eight hun- dred and in a matter of complaint, in which is the plaintiff, and " the defendant, on the part and be- half of the said plaintiff, (or defendant). Tlierefore fail not at your peril, ^iven under my hand, this day of in the year of our Lord, 18 Parish. giT,„ A.vs. B. Judgment recovered the day of 18 Debt £ Costs £ In consideration of the forbearance conceded to B.the defendant, in the liquidation of the Judgment by the following instahnents, namely, the sum of £ on the day of and the sum of £ on the day of &c. , « Of parish, To Policeman and Constable of the parish of Yon are hereby required at sight hereof forthwith to levy the- gum of being the amount of a certain claim in which is the plaintiff, and is defendant, adjudged in favour of the said against the Collector of Petty Debts, for wilful negligence aud 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 dis- trained within the space of one week &om and after such levy, and out of the proceeds thereof, to satisfy the claim of the said to- gether with the charges afoiesaid, and to return any overplus to the said and lor want of such distress or of a sufficient dislreffi, you are hereby required to arrest the said by his body, and convey him to the nearest gaol, there to remain for the space of days, or till he shall have satisfied the said sum, aud all charges aforesaid, or be otherwise discharged by due courae of law: and for so doing, this shall be your sufficient warrant. Given under my hand this day of 18 Warrant for pen- ~~" «iw agamn Oouec- y j^^^g qj parish or precinct. To Policeman and Constable of the parish of You are hereby required, on sight hereof, forthwith to levy the sum of being the amount of a certain fine adjudged against being a Collector of Petty Debts of the said parish, for that he the said did receive a certam summons for service, (or wai-rant for execution), at the suit of against and wilfully neg- lected, and omitted to serve, (or execute) the same, (or if the default be non-payment of money' then), and having received the money due PETTY DEBTS. 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 making a retnm) did receive certain eummouses and warrants for service and execution, and wilfully neglected and omitted to make the return requii'ed by law, upon the goods and chattels, (except the uocessai y wearing apparel and tools of trade) , of the said ana you are also required to sell the goods so distramed within tiiu space of one week from and after such levy, and out of the prooeeud thereof, after payment of the sura of the costs and charges on the warrant, to pay the said fine to the Collector of taxes of the said parish ; and, for want of such distress, or for a suf- ficient distress, you are to oOuvey him to the nearest gaol, there to re- main 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 my hand, this day of 18 Ml Jamaica, s.s. Parish A Beturu of all Warrants of Distress in the hands of A. B., Collector of Petty Debts for the Parish of from the 1st day of to the 31st (or as the case may be). WARRANTS UNEXECUTED AS PER LAST RETURN IN HANDS OF COLLECTOR. Return of fr-ar- raats of distress Plaintiff. Defendant. Amount of Da- mages and Costs Return thereto. Reason why the same has not been exe- cuted, to be stated at full length.' WARRANTS ISSUED SINCE LAST RETURN. Plaintiff'. Defc udant. Amount of Da- mages and Costs. Return thereto. Reason why the same has not been exe- cuted, to be stated at full length. 552 PILOTS. Jamaica, ss. Parish Collector of Petty Debts in the pariah of being duly sworu, maketh oath and saith, that the foregoing retarn exhibits a true, faithful and correct account of all warrants of distress which were unexecuted and remaining in his hands at the period of his last return, and also atnie, faithful and cor- rect account of all warrants of distress issued to and received by him since his last return during the above mentioned period, and that the return set opposite to such respective amount, and the reasons also assigned for the non-execution thereof, as above set forth, are true and correct In every particular. Sworn, &c. SCHEDULE.— 23 V., c. 35. aummoii s a a- Jamaica, ss. veiBo claim 23 V. , c. 35, s. 3. To the Collector of Petty Debts of the Parish of Take Notice, that you are hereby required to suspend the sale cf oertaiu property, levied on by you under a Distress Warrant, A. vs. B., until the title thereto be determined : and for tliat pui'pose you are required to appear before the Court of Petty Sessions to be held at in the parish of on the day of next (or instant) , to shew cause why the said property, that is to say (enumerate them) should not be de- livered up to L. M., of, &c., &c., who claims to be entitled thereto as owner thereof (stating how the title thereto was acquired). Given under my hand this day of 18 C.P., Clerk of the Peace of the parish of Pilots. No oiie_ to act as No person shall act as a Master Pilot who shall not produce when re- S"oommis'sT'o'S li'r^d by any one with whom he may be concerned, in such capacity, a regu- certiflcate * and li- lar Warrant or appointment as a Pilot, under the hand and seal of the Go- <:e""o vernor, and a certificate conformably to this Act, (Form Schedule), orthe Act in force at the date of his appointment, and a license under this Act, (Form . Schedule) ; Penalty, £100 for every time he acts without such warrant and license, 19, V., c. 15, s. 2. Nor as Pilot of jfQj, g^g a, Pilot of the second class, without production as above of a certi- ;SriiSoa4"a'Jd li floate and license ; Penalty, £50, 19 V., c. 15, s. 3. cenfio Before any person is appointed a Master Pilot or Pilot of the second class, mffi'' '° ''° """^ *o Custos, Mayor or Senior Mas-istrate of Kingston, or Gustos or Senior Magistrate of the parish in which he resides shall, on a written application Board of exami for the purpose, nominate at least two experienced commanders of merchant '""'"° vessels who have entered such port not less than five times, two experienced cnmmanders of coasting vessels, and two Master Pilots having a compe- te .it knowledge of the harbours, coasts, shoals, quays, and channels of and about the Island, who shall meet together at some convenient time and place u be iixedby the Custos, Mayor or Senior Magistrate, and form themselves into a board, and examine the person touching his skill in the navigation of vessels, and his knowledge of such harbours, &c., or of such of them as he within the limits of which he applies to be appointed i and if the Board find him duly qualified and proper to be appointed Master Pilot or Pilot of the second class, they shall grant him a certificate under their hands, (Form CortiScato Schedule). No person to whom a certificate is granted shall act a£ a Master Mastor Pilot t o Pilot, until he has obtained a warrant under the Governor's hand and seaJ, w»rraiit'^°'D6o°ar- s""! subscribed the following- declaration, to be endorsed thereon before any ation to be ondor- Magistrate : — '°^ I, A. B., do declaa-e, that I will faithfully, diligently and trnly Pilot all ships or vessels entrusted to my cgre, to the best of my skill and Icnowledge, and that I will not undertake to conduct any vessel into or out of any harbour, port, creek or bay of this Island, with which, or with the channels, shoals and quays of which I am not well acquainted. PILOTS. 553 No Pilot of the second class shall be entitled to have a certilioate granted to him before he takes the following declaration before any Magis- trate : — I, A. B., do declare that I will faithfully, diligently and truly Pilot all ,< vessels entrusted to my care to the best of my skill and Isnowledge, and that I will not take charge of any vessel of a draught of water exceeding 12 feet ti oj piiou. &•: The Clerks of tlie Peace were required to fai'nish the Collector and cuatomToffloeJs '° Controller of Kingston and Sub-Collectors or other principal officers at every port within the limits of the certificate registered by them, lists of the • names of all Pilots whose certificates were registered in their office, with the dates and registration, and the names of the ports for which each Pilot has (lualifled, with the names and residences of the sureties in, and the date of the Bond, made out and signed by them, 19 V., c. 15, s. 16, Also of sub^equoiit And upou every subsequent registration, shall cause the names and' ' vegiBtraiicma residences of the party and his sureties, with all other particulars before " required, to be furnished to them, 19 v., c. 15, B. 17. Penalty for octiug Every Pilot who acts without such registration of his certificate, and «oii °rbi>aA°^'" '" without entering into a Bond, shall , for every time he acts, forfeit £5. No duly Limiis of liability qualified Pilot who has executed the bond, and shall be piloting or conduct- for domngos j^g wHhin the limits of his certificate any vessel which he is duly qualified to pilot, shall be liable to any action for damages at the suit of the party ag- grieved, in any greater sum than the amount of the penalty of the bond, and tlie pilotage payable to him in respect to the voyage in which the vessel is for any loss or damage from or by reason of his neglect, or want of skill whilst acting as Pilot on board, 19 V., c. 15, s. 18. JiciTiiant vcssoia The master of every merchant vessel bound to any port, &c., of this ths°°°fl?8t'"iai1fled Island shall receive the first Pilot qualified to take charge who first offers his piiotwho ofTors services as Pilot on board, or in case of refusal he, or the owner or con- Yiioiits, iiroBhors; sigiiee shall pay to such Pilot the pilotage fee. Not to oblige any pleasure omptcli'"' ''°'"'' °* yacht, drogher actually engaged in the coasting trade, or any ships' boat employed in trasfsportmg produce or other goods from one port to another mi this Island, or further, to take a Pilot or subject the same to any charge for pilotage, 19 v., c. 15, s. 19. hoSa" for'^a pilot When a signal for a Pilot ia hoisted on board a vessel iu any harbor, in harbour tho first &c., the master shall be bound to take the first qualified Pilot who offers his who offers hia sor- services On board, and on refusal to receive him, shall be obliged to pay or^paiatho'puotins h™ tli^ rate allowed for pilotage equally as if he had been taken on •'»e board, 19 v., c. 15,6.20. Penalty for vefas- jf any Pilot when not actually engaged, refuses or declines, or wilfully So ohai°go'oi ves- delays to go off to, or on board of', or to take charge of any vessel wanting ■ai a pilot, and within the limits specified in his certificate, and of which he is qufllified to take charge, upon the usual signal for a Pilot being displayed from the vessel, or upon being required so to do by the Captain, or by any commissioned or warrant officer of any vessel in H. M's service, or by the master or any other person having the command of the vessel, or inter- ested therein as principal or agent, and unless it be unsafe for such Pilot to obey the signal, or comply with the requisition, or he is prevented by illness or other sufficient cause to be shown by him, or if any Pilot who Or ■■etiisiiig to jjj^g (,gg„ engaged to pilot the same, or after going alongside before the SloiiSnt ""' service has been performed for which he was hired, and without leave of the Captain if in Her Majesty's service, or of the master or com- mander, if not, quits or refuses to perform such service, he shall forfeit Bolides dismissal not exceeding £50, nor less than £10, and be liable to be dismissed or suspension ^j.^^^ feeing a Pilot, or suspended from acting as such, on conviction before 2 Justices, 19 V., c. 15, s. 21. Pilot boats to be The sidoB of every Pilot boat shall be painted black, and the upper painted black with streak next the gunwale white, and shall, while afloat, carry a flag at the u.^'S.'rryT'Brilo the mast head, or on a sprit or staff, or in some equally conspicuous Pater situation, of large dimensions, proportioned to the size of the boat, which shall be a blue flag with a white centre, commonly called "The Blue Peter," and shall be kept iu a clean condition so as to be easily discerned fl at a suflicient distance, and the boat shall also have the name of the mas- numbeVXpaint tor Pilot, Or Pilot of the 2nd class for the time being painted in broad black od on mainsau letters, at least 6 inches in length on the main or principal sail, and number expressed in his license : penalty not exceeding £5, 19 V., c. 15, s. 22. Penalty to- dis If any boat, not having a qualified Pilot on board, cany such distingoish- piaying flog when ;„„ jj^g, the owner, Or master iu charge displaying or carrying same shall no pilot on board forfeit |'ot exceeding £50, 19 V., c. 1576. 23. Pilot not to be j^q pjiot shall be taken to sea beyond the limits of his district by the S™nt°°°°'""'°"* Commanding Officers of any of Her Majesty's Ships, or by the master, or other person having the command of any other vessel, without his free ^ oouBent, except under circumstances of unavoidable necessity, and then over and above bis Pilotage, he bhall receive '10s. per diem, inclusive of incMoofneooMi- ibe day on which the vessel passed the limit, and until he be returned to K,y „oS!8ivi°%'f the port where he was talseu on board, or until he has been discharged pUoiago from the ship for a snffloient time to have enabled him to return there, 19 v., 0.15,8.24. If any Pilot taking charge of a vessel, ariiving inwards, or bound to PUotqniiiinevei any port in this Island, quits before her arrival at the place to which she is aurC v°o'y.g»'''ta bound without the consent of the Captain, &o., unless some other duly wai-as qualified Pilot with such consent come on board and talce the charge and conduct of the ship for the residue of the voyage, he shall forfeit all pay or reward to which he might be entitled, and be also mbiect to a penalty of £10, 19 V., c. 15, s. 25. The consignees or agents of any vessel from whom any money due Oonaignees may to a qualified Pilot for pilotage has been recovered or is recoverable, monByiSjoeiioaftir or by whom any such money has been paid, may retain out of anv the ship, the foes for money received or to be received on account of the vessel or owner, sufficient pnotneo »na ex- to discharge the pilotage, and any expenses attending the same, 19 V., ^""'"" c. 15, s. 26. A particular description of the person of every Pilot shall be written p.Pw'''!''°° "f"" in or eudorsed on his Ucenee, by the person granting it, and any Cap on hisiioeMT"™" tain. &c., on receiving a Pilot on boai'd, shall inspect his license, and Cnptain to inspect if he has reason to believe he is not the person to whom the license ho^Sspootl the'por- was granted, shall forthwith transmit a copy to the Clerk of the Peace ty not to .be the by whom it was granted, stating the date, with such account and descrip- {'^"™ ,, '," ^^'^ tion of the person producing the license as may lead to the discovery grnntea ™'° """ of the offender, 19 V., c. 15, s, 27. Any duly qualified Pilot within the limits of his certificate may 8uper1iodo^>uih°M supersede in the charge of any vessel any person not qualified to act for aio not quaiiflea such ship, or not authorized so to act withm such limits, or acting be yond the extent of liis qualification ; and every person assuming or con- iau6r°a8BumSi(r"or tinning in the charge or conduct without being a duly qualified PUot, or cou t i n u i n g {"n' without being_ qualified to act as a Pilot within the 'limits in which the ohai-go after duly ship actually is, or beyond the extent of his qualification, as expressed in 3fferoa° '" '"' his certificate, after any Pilot duly qualified to act has offered to take charge, shall forfeit not exceeding "£30, nor less than £10. But any per- wiien miquaiidca son may lawfully, and without being subject to any penalty, assume or con i>°"""' may act tinue in charge as a Pilot, where and so long as a Pilot duly qualified has not offered to take charge or made a sign for that purpose, or where and so long as the ship is in distress, or under circumstances which ren- der it necessary for the Master to avail himself of the best assistance at the time to be procured, 19 V., c. 15, s. 28. The fees payable to the Master Pilot, or Pilot of the 2nd class for ""«■>' "' Pilotage Pilotage, shall be at the rates in Schedule, 19 V., e 15, s. 29. AH complaints agaiiist Master or 2nd class Pilots for any misconduct Complaints to be or neglect in the perfoi-mauce of tlieir duty, shall be heard by 2 Justices, jl^l^^^,''"^'"'° ^'^° who, upon conviction, may fine the offender not exceeding £10, or im- penalty prison liim in the nearest prison for not exceeding one calendar month, and may, if they see fit, in addition, adjudge his license to be forfeited, or Besides forfeitmo may suspend him from acting for such time as they deem proper. The ^^^^"•""'^ '"'i'""- enforcing any penalty or purashment, shall not be a bar to any recovery sottoaireotrigiit for damages by the party aggrieved against the Pilot, 19 V., c. 15, s. 30. *° """"S"' All Differences between any Pilot and any Master, Commander, Super- Diffovences respect- cargo, Owner or Consignee, of any vessel, British or Foreign, or between ing pilots' fees any Pilots respecting the pilotage of any vessels received by the Gun- ner of Port Charles as after provided, shall be heard before 2 Justices two Justices may who may call before them all parties, and examine them on oath, and deiermine them make such award as they see just, and for enforcing their attendance, may issue their warrants under their hands and seals, authorizing any Poficeman to apprehend and bring such parties before them : and for better En f o r c e m e n t enforcing the payment of fees due to Pilots, the Gunner of Port Charies liriXfiS""'"' on affidavit of any Pilot stating the amount of fees due to him for the Pilotage of any vessel, British or Foreign, may demand from the person having charge the amount stated to be due, and on refusal or omission to pay, the vessel shall not be allowed to pass the Port. The Gunner may de- Omm's fees duct 6d. in the £ out of the money he receives for his trouble, paying over the remainder to the Pilot entitled to the fees i and in resiieet to „™i'"°be^'re'twpa 556 PILOTS. fees for i>iiot»Be Foreign vessels, the Gunner may demand, before hand, the fees of any teasels if" lequiila Pilot taken on board, for the Pilotage outwards, if the Pilot requires it, bypnot 19 v., c. 15, 8 31, In Kingston Har- In cases brought for adjudication in Kingston, the Harbour Master doMrmtae " o o"m^ ^^^ determine any complaiuts or matters in diSerence, where the parties plaints with con- are willing to leave the matter to his adjudication, and shall have the same sBntof pavtios po were as are given to 2 Justices of Kingston, 19 V, , c. 15, s. 32. Seoonfl dais pilots Pilots of the 2ud class, under 15 V., c, 26, or to be apponited, upon the may pilot vessels of registration of their certificates, and upon entering into bond and obtaining ftietarMight'"^ '^ * Uoense, may act in tbat capacity in piloting vessels of a draught not ex- ceeding 12 feet at the time of taking charge, 19 V,, c, 15, s. 33. Penalty for noting If any person suspended or adjudged to have forfeited his certificate or'aftev ' fOTfeltn™ ^""^ license, during the time of suspension, or after such adjudication takes of ccrtiflcnto upon himself to conduct any ship as a Pilot, he shall be liable to all the penaliies, to be recovered and applied as provided against any person who pilots and conducts a ship without being qualiiled as a Pilot, 19 v., c. 15, s. 34, Ko peraous to be No person shall be apppointed a Master Pilot until he has served as a pnot'°miii hebZ ^°'' "^^^^ ^''°' *"■ "■' '^*^' ^^ calendar months, and thereupon, after under- served as second goiug a further examination, and being certified to be fit and competent to class for 12 months assume the duties of Master Pilot, he shall- be entitled to obtain a warrant ed tS be'Jompe'tent Or appointment for such purpose, 19V.,c. 15, s. 35. On complaint ^., . ^ . . . , . , ■ , n., , -,- . Pilot to deliver to Previous to entering into any complaint againet-any Pilot, the Justices Clerk of the PoMe shall require him to deliver the license to the Clerk of the Peace or other lioonsr 'which''°it Officer officiatmg, and if they adjudge the certificate and license to be for- forfeited or the pilot felted, or the Pilot is suspended on conviction, they may endorse thereon Sld?™edand°d'e°iiv- '^6 judgment of forfeiture or suspension, and deliver them to the Clerk erod to the Clerk of of the Peace to be cancelled, if forfeited, or held by him during the period ceiMTheid ?»;; of ^^^ suspension, 19 V., c. 15, s, 36, '°Be'oove™"a°nd ap- -^ii penalties where not otherwise declared, shall be recovered before plication ot 2 Justices, and applied one half to the Crown, the other to the informer with penalties f„ii (,(,g,g^ jg y^ p 15^ g 37 Service in Militia Pilots while acting iis such shall be exempted from serving in the or other pi»™o or Militia, or in any other public or parochial duty, or ofiice, except during parocna u y Martial law, when they may be compelled to serve in any Port nearest to their place of abode, or convenient to them in the disohai'ge of their duty as Pilots, 19 v., c. 15, s.38. False evidence False evidence punishable as perjury, 19 V., u. 15, o. 39. Not to extend to Her Majesty's vessels, as to their being compelled to comp^iihio^take take Pilots on board, 19 V., o. 15, s. 40. SCHEDULE. ,,., . ,.„ Jamaica ss. 1 dots certificate This is to certify that in pursuance of an Act, passed in the 19th year of Her Majesty Queen Victoria, entitled " An Act to consohdate and amend the several Acts of this Island, relating to Pilots, we whose names are hereunto subscribed, having been appointed ac- cording to the provisions of the said Act, have formed ourselves into a Board, and examined, A. B., of touching his skill and ability in the navigation of vessels, and his knowledge of the harbours, coasts, shoals and channels, of this Island (or in and about the ports of as the case maybe) and find him duly qualified and proper to be appointed a " Master Pilot," or " Pilot of the 2nd class" for the said Island (or ports of as the case may be) Given under our hands at the day of Here follow the signatures and description of the Members of the Board. PILOTS. 537 No, Parish of Jamaica, ss. Description. Matter Pilots licensB Age Height Hair Forehead Eves Nose Mouth Beard Face Color Any other particular The bearer hereof, if the parish of in i!'f Island of Ja- maica, whose description appears in the margin of these Presents, is duly qualified as a Master Pilot, to take charge of, and conduct all Ves- sels bound to or sailing from the port hereinafter mentioned (specify them), and has on the day hereof taken out his annual license, ena- bling him to act from the 1st day of January, to the iilst day of Decem- ber, 18 as required by the Act (here set out the title of this Act). Given under my hand and seal, this day of 18 A. B. Clerk of the Peace. 655 PHOTS, Seoond olaRi pilots ^o, Itcenot Parieh pf Jamaica, sa. Desobiption. Height Hair Forehead Eyes Nose Mouth Beard Face Color Anv other particHlar The bearer hereof, of the parish of in the Island of Ja- . maica, whose descript-ioil appears in the margin of these presents, is dnly qualified as a Pilot of the se- cond class, to take charge of and conduct all vessels of a cEaught, at the time of taking charge of any such vessel, not exceeding 12 feet, and other vessels where no Master Pilot can he had, bound to, or sail- ing from the port hereinafter men- tioned (specify them), and has on the day hereof taken out his annual license, enabling him to act, from the 1st day of January, to the 31st day of December, 18 as re- quired by this Act (here set ont the title of this Act). Given under my band and seal, this day of 18 A. B. Clerk ot the Peace. PILOTS. 559 00 (M o o o o ■a"0>l, OSI ■lapun =4< (?* ^ ^ -H - r-< 005 m o O 1* eo ■ CO Ij o ^ i "^ 1 « 1 g 1 « 4 J 1 4 Ah 1 m PORTERS AND CARRIERS. Porters and Carriers. Tobai'cgi«terod AH persons who seek employment as Porters c Cai'riers, or other transient job work by the day or portions of a day, in Kingston or any otlier town, shall give in their names and pUces of abode to the Clerk of the Common Council, if resident in Kingston, or if ui any other town to the Clerk of the Vestry, or if such persons reside out of any town, but usually seek employment in Kingston or any other town, they shall be re- gistered in the town where they seek employment, and in the registry the true place of abode shall be described ; and in addition, it shall be stated that he usually seeks employment in the city of Kingston, or other town, numbor^"'"'''"*' ^ ^^^ "^^ ™^y ^®' '"'" every registration shall be distinguished by a separate number ; and whenever any person so seeking employment changes chango of resi his place of residence, he shall give notice thereof, and the new place of ^»°"« residence to the Clerk of the Common Council or the Vestry, within 14 days after such change, and they shall immediately insert snch change of residence in the registry, 1 V., c. 38, s. 1. Coruscate Whenever any such person applies to be registered , the Clerk of the Commoh Council or Vestry shall grant him a certificate that he has been . duly registered in the registry book of the city or town, and therein also Badge express the number of the register, and at the time of the first registration de- liver to him a distinguishing badge, to be determined upon by the Common Council or Justices and Vestry, containing the initial letter or letters of Endorsma t t "'^ to'''^' ^"^ the distinguishing number of the registration; and npon ohaSgo ofreaiai'ncB every registration of the change of residence, shall endorse upon such cer- Foo for badge for tificate a memorandum thereot. No fee or reward shall be taken for the ihe parish registration, certificate, endorsement, &c., but for every distinguishing badge the Clerk of the Common Council or Vestry shall demana and be paid for the use of the parish 5s. ^3s. stg.), IV., c. 38, s. 2. Copiea of regis- The Clerk of the Common Council shall, within 14 days after mrni'shod'to pSum *e registration of any person, or of his change of residence, furnish Officer or Chief the Police Officer of the City, and the Clerk of the Vestry of any other pa- rish shall, within the like period, after any such registration, furnish to the Chief or Head Constable of the town, a true copy of the entry; and such Police Officer or Chief Constable shall thereupon immediately enter every such original registration, in a book to kept by him, in alphabetical order, and shau also immediately after he is furnished with a copy of the entnr of the change of residence of every such person, also enter such change of re- sidence in such books, 1 V., c. 38, s. 3. Between 1st and 15th January in every year, there shall be a new re- gisti'ation of all persons so seeking employment, which shall be considered as an ori^nal registration, and entail upon all persons so seeking employ- ment, and upon the Clerk of the Common Council and Police Officer ot Kingston, and Cleik of the Vestry and Chief Constable of the other towns the same duties as are required to be performed in respect of the original registrations ; and uo registration or certificate shall be of any force after the 15th January next ensuing its date, 1 V., c. 38, s. 4. The Common Council and Justices, and Vestry shall appoint and set nnnvt particular places or stations in each town for the resort of persons so registered, and desirous of seeking employment while unemployed, 1 V., c. 38, s. 5. Every person so registered shall, while employed or seeking employ- . ment, constantly wear exposed on his left arni, the badge furnished to hinj at the time of registration, and shall also have ready to be produced, if re- quired, his certificate of registration, and actually produce it to any person ofiering to hire or employ him. It shall not be lawful for any person to hire or employ as a Porter or Carrier, or for any transient job, for which persons are usuallv hired by the day, or portions thereof, any other than some person so registered, if, at the time the services of any unregistered person are engaged, there was any registered person at the station waiting for and desirous of employment ; and in case of complaint of any infraction of 'this Act, in the last mentioned respect, the burthen of proving that there was no registered person waiting for and desirous of employment, shall be thiown upon the party comislained of. Not to extend to the hiring or em- ployment of servants or domestics, 1 V., c. 38, s. 6. Fresh annual cer- tiUcatee Stations for per- sons seeking em- ployment Badge to be worn And certificate ready to be produc- ed Kegistered persons to be preferred for employment i'OSSESSOIi'iT TJTUK AfTWli f VEARM, 561 Xo person so regiatered shall lend out or transfer his certilioal.u or Oortlfloato or badge lo any other person, on any pretence, and in case of any such loan tj^jfgJJ."^ or transfer both the owner and tlie borrower or transferree, shall be punished, 1 V,, c. 38, s. 7. It any person so registered lose or destroy his certificate or badge, or it i-J*"?*™',??,^''' become worn out, torn or defaced by wear or accident, or otherwise, and nedaratinnT 6 he makes satisfactory proof, (by declaration, 6 V., c. 2 J,) before a Justice v., c. 24 of the pariah in -which he is registered, of his identity as the individual named m the original registration, the Clerk of the Common Council or Vestry shall, from time to time, renew such certificate or badge, similarly numbered as the original registration, O'l payment to him of Ss. 6d. (Is. 6d. „ sterling) for his own use. Before any certificate or badge is renewed, the party applying shall make (a declaration, 6 V., c. 24,) before a Justice to that effect, and that it has not been transferred or delivered by him, or with his knowledge or privity to any other person whomsoever ; or if it has not been lost or destroyed, he shall deliver it up to the Clerk, 1 V., c. 38, s. 8. Whenever any Clerk of the Common Council or Vestry renews any „™rilBed'on"cci°- certificate, he shall on the face thereof express that it is a renewed cer- tifkiate tilicate and the date of renewal, and insert a memoiadum thereof in the Woted on tbc original book of registration, and give immediate notice in writing lo register imd comn the Police Officer or Chief Constable, who shall also inserl a sunilar me- J^^'^cfflcei &?' morandum in the book to be kept by him ; and no other than tlie lasily re- and entered by newed certificate shall be of auy effect. Any person having in his posses- them sion a certificate prior in date to that lastly renewed, as also the person Soother offec- who has been registered, shall be liable to be apprehended and punished, Having prior unless they give satisfactory proof that the possession had not been parted oertifloato in pos- with, or obtained contrary to the spirit and intention of this Act, 1 V., c. -^S, 'session s. 9. The Common Council and Justices, and Vestry may grant remunera- Salaries to Clerks tiou by way of salary, to be paid ont of the parochial funds to the Clerlf of *'°' the Common Council and Police Oificer or Clerlis of the Vestries, and Chief Constables for the duties imposed upon them, 1 V., c. 33, s. 10. If any person whatsoever shall, in any respect, offend against the pro Penalties visions of this Act, the Sitting Magistrates of Kingston, or any 2 Justices in the other parishes, may puuish the oflender by fine not exceeding iJ."', (£3 stg.) to be levied by distress and sale, and in default of payment by commit- tal, with oi without hard labor, not exceeding 14 days, 1 v., c. 38, s. 11. Possessory Title after 7 Vears. All persons who hold or shall hold any Lands or Hereditameuls under Persons holding any Deed, Will or Conveyance, or under any patent, for which Quit Kent i™i3s under deed, has or shall be paid for 20 years at least from the date, though the same or ™^ or"under'm- any assignment be lost, or who hold or shall hold under any order, and have teut or order on, paid or shall pay Quit Rent for the time aforesaid, and^ave been or shall be which quit rents in the actual peaceable and quiet possession and occupation of such Lands ^^™ I'^eu paid for and Hereditaments for 7 yews, from their first possessing the same, either ;ff|o^tuai quiet by themselves or those under whom they claim, (or who by mistake have possession andoc- falleu, cleared, improved by building, cultivated, or fenced such Lands, cupation for 7 whether belonging to H. M. or any other person, added 14 G. 3, c. -5,) shall ^"^ themsBivr.n hold and enjoy the same against H. M., and all other persons, 4 G. 2, o. 4, or those Ser 8. 1, explained by 14 G. 3, c. 5. whom they claim or who by mistake The right and title of any person under 21 , woman imder coverture and JS? t^'if" *T* persons of unsound memory excepted, provided they respectively bring ig^^S^^ their actions for such estate within 3 years after the person under age at- To hold the tains 21, or woman under coverture becomes sole, or persons of unsound me- same against the mory become compos mentis. Act not to confirm or give title to any peisou p™™^ and a 1 1 seized or possessed of any Lands conveyed or devised to any charitable use. Except infants, mortgagee or lessee of any Lands mortgaged or in lease, or to any other women mider co- person, to any Lauds possessed as attorney or guardian, or otherwise, in Tcrture and per- right of another, or to any particular use, trust, curtesy, dower, estate for mSfd, wKiSa 3t 562 POUNDS. actions wltlim 3 years, ur ior life or entail, or to any pereou claimiug under any mortgagee or ^^aiSffittas^' ''^^^'^^' attorney or guardian, or otner person BeizeJ or possessed, to the use Not to confliTO °^< <"' i" iruet for another, or under suen tenants by the curtesy in dower for titles of persons years or for life, but the same shall remain and be to all intents and pur- seized to charitar- poses as before this Act, 4 (i. 2, c. 4, s. 1. ble uses, Mortgar gees, Lessees, At- torneys, Guardi- ans. Trustees, Tenants, by curte- ¥>^„„jo sy, dower, tenants rounas. for years or life or in tail_ The Justicetf uud Veritry of each parish shall erect one or more Justices and Pounds at an expense not exceeding ineach parish in the whole £100, pounds * ■' ^' ' ®' And keep them And shall repaLr and keep them iu good condition at an expense not in repair exceeding in any parish in any one year £50, 15 V. , c. 11, s. 3. To be erected in And shall select the most central and convenient places as the sitesfor erect- central places iug the Pounds, attention being paid to the convenience ot the parishioners and the proper snpeivision and examination of the Pounds; and shall appoint Uommittees of "committees for the purpose, whose duty it shall be to visit each Pound once Vestry toTisit at least every quarter, and report the state and condition to each quarterly And report Vestry, "with such recommendations as they deem necessary for their good thereon quarterly government, 15 V., c. 11, s,,4. Appointment ot And shall appoint to each Pound a proper person to be keeper, residing on poundkeepers m.jjj j.[jg immediate neighborhood; the salaiy of each keeper not to exceed Salary £60 per annum, payable quarterly; with power to remove or dismiss any Bemoval who misbehave or are guilty of impropriety or neglect of duty and appoint In case of death others. In case of the death of any Pound-keeper, the Custos or resident Custos to appoint senior oflScer may appoint a person to take charge of the Pound, until the ohMge°unHl ap- appointment of a new Pound-keeper by the Justices and Vestry, 15 V., pointment C. 11 , 8. 5. Stock trespassing The owner or occupier, or his agent, of any plantation, pen, or other may be sent to premises who finds any horned cattle, or any horse, mare, gelding, colt, the nearest pound mule, ass or sheep trespassing upon any land belonging to or in his pos- session, may, if he thinks proper, take and convey, or cause, &c. to the And receive from n^^i'^st Pound, the stock so found trespassing, aud the keeper of the Pound liouudkeeper the shall I'eceive them, and pay to the party bringing them the sums in Schedule sums in SchediUe A, as remuneration for iiis trouble. Where persons take up any descrip- Tho whole to be tjoa of stock, aud instead of sending the whole at once to the Pound, detain sent at once ^^^^ ^g^^j them singly, or one by one, or in portions, thereby unnecessarily iu- Penaltv creasing the expense to the owner, they shall, on conviction before 2 Justi- ces, forfeit equal to double the amount paid by the Pound-keeper upon stock so sent in, and in default of payment and costs , the Justices shall issue their warrant, directing any lawful countable to levy the amount on the of- fender's goods, and in the absence of sufficient goods whereon to levy or recover the forfeiture and costs, shall commit the offender for not exceeding 10 days, 15 V.,c. 11, s. 6. strays not to be No person when taking any horned cattle, &c., to the Pound shall ride ridden or illused or suffer any to be ridden. Any person transgressing in these respects, or on the way to the violently striking, beating, biaiising, or otherwise ill-using or injuring any B^B°BOBse^ou ^'"o'^' '^1'®° taking them to the Pound, or at any other time whilst in his possession, shall, on conviction befoie 2 Justices, forfeit not exceeding £5, 15 V., c. 11,8.7. Stock uot to be ^° person taking up stock found trespassing on land belonging to or in detained longer his possession, shall detain or keep them in his possession, without sending than 34 hours ex- them to the Pound, longer than 24 hours, except when Sunday intervenes. da''intoTr''nls"°~ Penalty not exceeding £5 for every stray so detained, 15 V., c. 11, s. 8. Questions to be Before any Pound-keeper receives any stock into the Pound, he shall put and entries require the party bringing them, to state his name and place of abode, and keMi° ^^ ""h^'s ""^ '"i^e^nd place of abode of the person who sent them, and the name of boota befoie re- "'^ place, and the day and time where and when found, all which he ceiving stock shall enter in a book for the purpose. Any person wilJuUy making any false Penalty for false- statement, or giving any false answers to any questions put to him to ly answering elicit the above information shall, on conviction, forfeit not exceeding aOe. ; and in tueh book the Pound-keeper shall also enter the date ana hour POUNDS. 363 whnn the stock is received, the color, mark if any, and description, and the amount paid as remuneration to the party bringing the same i such book to Booknpentolu- beopen to public inspection irom 10 a. m. to 4 p. ni., Sunday excepted, speotlon without fee or reward. Any Pound-keeper guilty of any neglect or refu- sal in making the necessary entries, or sliewmg the bool{ when required to do so, or wilfully making any false or incorrect entries, shall forfeit not exceeding £20, and be liable, besides, to dismissal, 15 V. c. 11, s. 9. Every Pound-keeper shall demand and receive for every head of horned Rates to be paid cattle, horse, mare, gelding and mule, on delivery, 3s. ; for every ass, 28. ; & ji^'^Vnii' |^.l lor every sheep. Is. for poundage; for the feed and care of every horse, vei^m'g mare, gelding or mule, is. 6d. ; every head of horned stock, and for every ass. Is. ; for every sheep, 6d. for every day the stock are impounded, with the charge for advertising, if paid. All advertisements shall be pub- lished in the " Jamaica Gazette," and no other newspaper while it con- tinues to be published. Where stock have been in the Pound longer than a day, no charge shaU be made for feed for the day on which the)' are taken out, if by or before 10 a. m. ; after tliat hour, and before 6 p. m., half a-day's feejd, and no more, shall be charged on that day. Any Pound- Penalty keeper demanding or receiving any higher amount for ponndage or feed, .shall forfeit 20». for every offence, 15 v., c. 11, s. 10. He shall not charge or receive any payment for the feed of any fiates for feed stock taken out of the Pound within 2 hours after being brought, nor more when taken out than at the rate of half a-day's feed, if taken out during the same day. Penal- same day ty, 20s. No charge shall be made for poundage or feed of the follower of (o^o^ers mder 6 any mare, cow, or ass less than months old. No stocli shall be deli- Months vered until the amount paid for bringing the same to the Pound, and the No stock to be poundage, feed and advertising are paid, 15 V., c. 11, s. 11. 'h""™!'^ ™clud- ing bringing in The Pound-keeper shall keep all entire horses, mules, asses, bulls and stock are paid rams separate and apart from each other, and from the other animals, and Entbe stock to see that each stray is supplied daily with good wholeoome fodder and bekeptapar water, viz. 3 bundles of grass of 281bs. each to every horse, mare, geld- ijodder and wa - ing or mule, and 2 bundles of the same weight to each head of horned ter stock and ass, and shall enter each day in the Pound book of strays the j?"'^F '" l"""^^ quantitv of grass delivered into the Pound, and weekly declai'e to the '™'^™ truth thereof before a Justice ; and upon proof of his neglect or inatten- Penalty for ne» liou to this part of his duty to the Justices and Vestry in Quarterly or gleet, dismissal Special Vestry assembled, they shall dismiss him , and appoint another ; but if he can shew that a sufficient quantity of fodder and water wati Unless the ini not supplied by the Justices and Vestry, he shall not be dismissed, but sufficiency is the the persons whose stock was kept without a sufficient quantily of fodder Mtoftue vos~ and water, may proceed against them, 15 V., c. 11, s. 12. Every Pound-keeper shall publish once a-week in the " Jamaica 6a- Advertisements zette," during its existence, and thereafter in any paper to be named by °' strays the Justices and Vestry, a correct list of all the strays ui the pound un- der his charge, describing them as fully and particularly as possible, For 4 weeks which shall appear for 4 weeks consecutively. Sheep shall not be adver- Sheep 2 weeks tised for more than 2 weeks. Penalty for omission, not exceedhig £5. After 24 hours No stray shall be advertised, until it has been 24 hours in the pound, 15 V., in pound c. 11, s. 13. No Pound-keeper shall hire out, let, use or employ for his own bene- t£"pSi^to'to fit, or permit, or suffer any other person to do so for his benefit, any used, &c stock in the pound under his charge. Penalty, £5, and liability to imme- diate dismissal. 15 V., c. 11, s. 14. Every Pound-keeper shall, on the Ist day of every month, make out Monthly returns a return of the number of strays received into the Pound, the money paid to the parties bringing them, and of the quantity of fodder and water re- ceived for their use during the past month (Form Schedule B) Also a return of the number of strays claimed and delivered up, the moneys re- ceived for bringing them to the Pound, and for the poundage, feed and adver- tising, and for strays sold, and of all moneys paid to the Parochial Treasu- rer (Collector of liues) during the past month (Form Schedule C), and de- „ ™ , ... hverup such retnnis to the Clerk of the Vestij, on or before the 7lh of yes"^^ 504 POUNDS. the month, to be filed in liis office for the use of the Justices and Vestry- men, and such other persons as may desire to refer to them. Wilfully making a false or iucorrect return, or neglecting or omitting to make any Penalty return: Penally not exceeding £5, 15 V., c. 11, s. 1.5. Stocks suffering No Pound-keeper shall receive any horse, mare, gelding, mule, ass or under infectious horned stock into the Pound, Buffering from any infectious diseaee or dis- aisease not to be temper, or any usually considered so. If any stock afterwards become so, wards &c, to be ^^^ lieeper shall apply immediately to a Jus'tice, who, upon proof by com- destro'yed ' and pel ent judges that the stock is diseased or distempered, and ought not to be buried or burnt by kept in the pound, shall authorize tiim to destroy it, and bury or bum the at'nar°sh'exDen°e oarcase, or cause it to be done, as also to pay such sum for burying or ^ ' '^ ^ burning as he deems reasonable, and to charge the same in his account with the parish. The authority to destroy the stray, as well as to pay for burying or burning the carcase, shall be In writing signed by the Justice, and left with the l?oundkeeper, 15 V., c. II, s. 16. ' stock to be ad- Every Pound-keeper shall, with the consent of a Justice, cause all stock, vertised for sale remaining in the Pound, that have been advertised, (s. 13) to be advertised for public sale at the nearest public place, or such as the Justices and Ves. c, , try direct ; and on a given day and hour to be named in the advertisement, and at such place, day and nom* put to sale, and sell or cause, &c., all Payme u t of ^"oh strays to the highest and best bidder, and for fhe most money to be proceeds had, and pay over tfie amount of sales to the persons the Justices and Ves- pouudkeeper not t'T appoint to receive same (Collector of Dues) without deduction. The to purchase Pound-keeper shall not be directly or indirectly concerned in the purchase of any stray sold by him. Penalty, £10, besides relinquishing the purch8.se, 15 V., ell, s. 17. " Owner entitled The owner of any stray sold, who, within 3 months of such sale, proves to any surplus on to the satisfaction of the Justices and Vestry that it was his property, proof of propei'ty shall be entitled to the nett proceeds of the sale, after deducting the oftp^^afs ™°°*^ poundage, feed, advertisement if paid, and other expenses, if there le any surplus remaining, 15 V., c. 11, s. 18, . , The Justices and Vestry shall at convenient periods enter into contract VesSy tocontraot "'■' agreement with persons willing to engage with them to furnish such for the supply quantities of good wholesome grass, hay,' or other fodder, and water, as daily of fodder s may be daily required for the use of the stock, in each Pound, and pay water to pounds j;,,. q^^ same out of the parochial funds. Every Justice and Vestryman penalty "^ ^ parish, the Justices and Vestry of which omit or neglect, or refuse to engage for and secure the regular supply of fodder and water, shall forfeit and pay £20, to be recovered in any Court of Record, one moiety of ™ which to go to the person who sues, and the other to the poor. Upon ■' proof by any Justice or Vestryman, that he voted for and was desirous that fodder and water should be supplied agreeably to this Act, ho Inhabitants shall not be liable to the penalty. Any inhabitant may he a witness, 15 witnesses ' V., c ll,s. 13. On failure by When the Justices and Vestry fail to procure contracts for the supply Justices and Ves- of any Pound with fodder or water, the Committee under s. 4, or any ti7 tbe committee Member may purchase or make arrangements for the supply, but in no or a member may cage shall the Pound-keeper be permitted himself to supply, or procure "^BuiUiot through fodder or water from otliers : penalty on Pound-keeper offending 20s the poundkeeper besides being liable to dismissal bv the Justices and Vestry, 15 V.. c. 11, s. 20. . r t v Any person who leads or drives any horned or other stock from ormaktaggapsln any Plantation, Penn or other Propei'ty, not belonging to him or in his • fences, &o., to im- posaeRsion, or belonging to or in his employer's possession, on the public pound strays Highway, or any adjoining Property, for the purpose of impounding them as strays or stock trespassing, or who cuts, breaks or removes any fence or enclosure, or makes gaps therein or in any division wall or fence penalty to enable stock to stray or trespass, with intent to impound them, shall, on conviction before 2 Justices, forfeit, not exceeding £5 or be imprisoned with or without hard labor, not exceeding (10 days, 15 V., o. 11 , s. 21, Monthly wnjmentB over of ualnncos In Poun dkonpora linnds Penalty Moneys parochial funds applicable in first instance to ex~ pcDses of pounds POUNDS. 568 The Keeper of any Ponnd shall, on the 7th of every month, pay, or canee, &c., to tlie person appointed by the Vestry to receive same (Col- lector of Dues) the balance of all sums he has received during the pi e- vioua month, as snoh Pound-keeper, for the poundage, feed and advertising stock, and for tbe sale of all such as remaui unclaimed and are sold in consequence, alter deducting the amounts paid to parties bringing stock to the Pound, In default of payment tor more than 10 days, he shall be liable to a penalty not exceeding jl20, and to be dismissed at the discre- tion of the Justices and Vestrv. The money so paid over shall form part of the parochial funds, and be applied in "payment of the expenses of the Pounds in the iii-st instance, 15 V., o. 11, s. 92." Bescuing or taking away by force any Stock from the custody of the Boaouine, &«., person by -whom the same vras taken up or is being taken to the Pound : ^J9^^ \'Si "iftSe penalty for every head of Stock rescued, &c. not exceeding £5, 15 V., c. pound 11, s. 93. If any person who has been duly called upon according to Law to make, j^(t„ cnii to lo renew, or repair a line fence, refuses or neglects lo do so after having pair iino fences, been called upon, he shall be debarred from claiming damage for trespass, S"S"'aiimnBoii' (or and from impounding the Stock of the person who made the lequisition. trenpa 9 s o r i m- Penalty, 20b, recoverable before 2 Magistrates, 15 V., c. 11, s. 21. poiitimng .stock All penalties, the recovery of which is not pointed out, shall be reco- vered before 2 Justices, and levied on the offender's goiili ; and in default of goods whereon lo levy, the Justices shall sentence the j .ties lo be iinpri- Boned for not exceeding 00 davs, 15 V., c. 11, s. 2.5. SCHEDULE. For every Cow, Calf, Bull, Heifer, Steer, Horae, iMave, Gelding, Colt, Mule or Ass, if brought in singly If 3 brought in together, at; the rate each of Above 3 brought in together, at the rate each of. For 5 or less number of Sheep Every additional Sheep, where the number exceeds 5 1 a. Cliarges to bo paid to persona taking Block to tlio pound 1 1 6 fi RETURN POUNDS, Hi a s •"4^ -a a o's.s' 11^ i.r« rsg o,^ a a s SCO 3 S s 1^ tots l§ « CS S " fi <» 52 5| S3 ill) S «■ 3.2 00 1^ _g r °g • Ph « aj S <° $ S Iw -HtMco^rintcr^oomOT-iG a -SO a I POUNDS. 567 •w Bh CO IS 5-a r Q 03 J § s,« S Ph a g g fill .=; be -a fl a> s S'E a = ■p3.iaATI90 da3i[g jb -Oil ■p8.I8AI]a(I ^oo?s' pa -iLioH JO OK •p9J9AIJ9(I Basay Jo -0^1 ■p3.I9Al]8(I sapH JO oji ■p8.l8A;i8(I sasjojj JO -o^ M-8 County Goal Sur^ I'y Cornwall Parochial Gaols To be maintained at the public ex- pense Gaolers to deli- ver lists of prisou- ors to Judges of Circuit Courts Prisons abolished These maintained Lock up houses Female Peniten- tiary Licenses to pri- soners to he at large After undergoing half the sentence On revocation of license convict to be recommitted Conditions of li- cense Service in agricul- tural labour for 3-4tli8 0»tho period 1-4 to be remitted In the event of good behaviour To Bene 6 days ft Week Prisons. A Goal Bhall be built in Kiugston for the County of Sui'iy, 3;i G. 'J, c. 3, B. 1. That of Montego Bay shall be the Countv Goal of Cornwall, 56 G. 3, V,. 20. The Justices and Vestries of parishes remote from County Goals were empowered to purchase land aud bnild Goals or places of confinement for offenders within their respectiye districts, 14 G. 3, c. 6. Prisoners sentenced by the Supreme or Assize Courts to Houses of Correction, or whose sentence shall be commuted to hard labor in such Prisons shall be maintained at the public expense 1 V., c. 28, s. 7. Goalers shall deliver to the presiding Judge, Attorney-General and Clerlv of the Court on the let day of each Circuit Court, a list of the pri- soners iu the County Goal, or prison of such Court, 19 V., c. 31, s. 3. The prisons of Vere, SS. John, Port-Eoyal, St. David, and Manchioneal in St. Thomas in the East, shall cease to be acknowledged or used as Pri- sons after 28th March, 1843, 6 V., c. 52, s. 1. Those of St. George, St. Mary (since re-established, 28 V., c. 22, s. 1,) St. Ann, Westmoreland, St. Elizabeth and Clarendon, upon the removal of the Prisoners, 6 V., c. 52, s. 2. The following Prisons shall be maintained, viz ; Portland, St. Thomas in the Vale, Trelawny, the Female Prison of St. James, Hanover, Man- chester, St. Catherine, St. Thomirs in the East, 6 V., c. 52, s. 3. The discontinued Prisons shall be used only as lock up bouses, for keeping persons charged with offences before summary trial, or commit- tal by the Magistrates for trial, and as Police Stations, and shall be under the superinteudeuce of the parochial authorities, 6 V., c. 52, s. 7. A portion of the General Penitentiary Kingston, shall be appropriated to the reception and confinement ol females sentenced to imprisonment in the Penitentiary, and shall be the Female Penitentiary of the Island for the reception of convicted female Felons and other female ofienders subject thereto, 16 V., c. 23. The Penal Servitude Act, 1855, 18 V., c. 22, s. 1. The Governor may grant a license to any convict sentenced to im- prisonment in the Penitentiary, to be at large in the Island, or such part thereof as shall be expressed iu the license during such portion of his term of imprisonment, and upon such conditions as to him shall seem fit, with power at pleasure to revoke or alter it, 18 V., c. 22, s. 2. During which period he shall not be Habie to be imprisoned by rea- son of his sentence, but may go at large according to the terms of the license, 18 V., c. 22, s. 3. No such license shall be granted before the Convict has undergone one half of the sentence under which he has been imprisoned, 18 V., o. 22, s. 4. Ifany license is revoked, th» Governor may signify the same by his •jcretary to the nearest Justice, and require him to issue his warrant, under his hand aud seal, for the apprehension of the convict to whom it was granted ; ;ii;'l ;h? Justice shall issue his warrant accordingly, which may be executed by any Policeman or Constable to whom it is delivered, or transferred in any part of the Island without endorsement, aud the convict shall be brought as soon as conveniently may be before such or some other Justice, who shall thereupon make out his warrant, under his hand and seal, for the recommit- ment of the convict to the General Penitentiary, and who shall be so recom- mitted, and thereupon be remitted to, and undergo the residue of his oririnal sentence as if no license had been granted, (Forms of Warrant of apprehen- sion and commitment. Schedule) 18 V., c. 22, s. 5. Conditions to be contained in every license, in addition to or independent- ly of others : 1st. — That the convict shall be bound to serve as an agricultu- ral labourer such person as the Governor shall from time to time appoint, for 3-4ths of the period for which the license shall be granted. 2nd. — In the event of good behaviour, the remaining fourth shall be given up to the convict, and the production of the license shall in such case be equivalent to evidence of a full pardon. 3rd.— He shall be bound to serve as such agricultural la- bourer 6 conseoutive days (except Sunday, Good Friday and CEristmas day) PRISONS. 569 in each week, and 9 hours a day, unless prevented by sickness or excused by his employer. 4th. — The employer shall pay him at the late of 9d for j ''".''I P'"'' °ij^ every day of labour, and provide him wholesome lodging, medical at- cine. &of, a^nrn" of tendance, when sick, by a qualified practitioner, and medicines and medical motims comforts as may be ordered by the medical attendant ; and on the first entrance into service, he shall be supplied by his employer with a decent new suit of clothes of oznaburgh of a pattern usual amongst agricultural labourers, 18 v., c. 22, s. fi. Incase of neglect of work, absence witliout leave of emjiloyer or in onso of rai« his agent, absconding, or any misconduct, on the complaint on oath of the em- oon^"?' '» iio re- ployer or agent, any Justice may issue his warrant to bring the convict be- °''"""'"™ tore two Justices, wlio, if the complaint is established, may re-commit the con- vict to the Penitentiary by warrant, and he shall undergo the residue of his original sentence, and be incapable of receiving any further license, 18 V., o. 22, B. 7. In case of the breach by any employer or his agent of any condition be- BMa* ofcontract fore contained, or any other condition m the license, any Justice, on complaint ''y'i'pioyer of the convict on oath, may cause the employer or agent to be summoned be- fore two Justices, who shall hear the matter, and adjudicate and enforce their judgment In the like manner, and by the like process aa complaints and indgments under the Masters and Servants' Act, 5 V., c. 43, and the proceedings shall be by them certified to the Governor, who may determine the service, and assign the services of the convict to another employer for the residue of the period, 18 V., c. 22, s. 8. Act not to affect the prerogative of mercy, 18 V ., e. 22, ». 9. SCHEDULE, 18 V., c. 22. To the Constable of in the Parish of and to all other Peace Officers Wnvmnt to appre head; s. 7 Whereas it hath been duly certified by direction of His Excellency the Governor, that (&c., stating the certificate). These are therefore to command you in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some other Justice or Justices of the Peace in and for the parish in which he shall be apprehended, to be dealt with according to law. Given under my hand this day of in the year of our Lord at in the parish aforesaid. L. S. To the Constable of and to the Keeper of the Common Gaol or other Prison at in the parish of Whereas by warrant under my hand (or under the hand of ) dated the day of after reciting that it had been certified by the du-ection of His Excellency the Governor (&c., as in the certificate) it is commanded to the Constable of and all other Peace Oflicers of the said palish, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before (me) or some other Justice or Jus- tices of the Peace in and for the parish in which he shall be appre- hended, to be dealt with according to law : And whereas the said A. B. hath been apprehended under and by virtue of the said war- rant, and being now broughfbefore (me) it is hereupon duly proved to me upon oath, that the said A. B. is the same person who is named and charged in and by the said recited warrant, These are therefore to command you the said Constable, in Her Majesty's name, forth- with to take and safely convey the said A. B. to the General Penitentiary in Kingston, and there to deliver him to the Keeper thereof, together with this precept, to be there safely kept under his original sentence, or until he shall be thence delivered by due course of law. Given under my hand, this day of one thousand eight hundred and, 3 z Warrant of com- mitmont, s. 7 570 PRISONS. siiori iitio The Convict Labor Payment Act, 1855, 18 V., c. 23, s. 1. raymcnt by Uic Sfl. for every day of labor shall be paid to the Receiver-General for for"'Jo°m"cu°bor'°'' ^very Convict employed or worked upon the public roads or thorough- fares, or upon any undertalfiug of a public or parochial nature, under any Act authorizing sucli employment or worlting, 18 V.,o. 23, s. 2. CoDtrnots w j t ii Or according to the terms of any contract, for any particular' work which in»,,»<,tovofir,son8 ^^^ In&pector of Prisous is authorized to enter into with the sanction of the Governor and Executive Committee, 24 V., c. 19, s. 2. now payments Such payments in respect of the accounts for labor on roads or tho- areto iiemnae roughfarea, to be secured and made to the Receiver-General out of the funds paid for the purposes, and to be charged to the respective paiishes in which such labor is employed. Where such labor is employed upon any other undertali'd General and ITemale Penitentiaiiee, and the lands and buildings of the Brick stone^ Quarry at yard and Stone Quarry at Rock Fort, attached thei'eto and connected iinck Fort therewith in the parish of Kingston, and the lands and buildings compos- liinB.ioTst "ago ing Or belonging to the County Gaols in Kingston, St. Jago de la 'Vega and de la Tega and Montego fiav, and the lands and buildings respectively composing or be- ""pJufn-i''?? Fort loogi"g> °' attached to the Prisons in Portland, St. -Thomas iti the Vale, land! St Thomas in Trelawny, St. James, Hanover, Manchester, St. Catherine and St. Thomas the Vole, Troiawny, j,j ([jg j;a,st shall Continue subject to the euperintendertge of the Executive PRISONS. -57] Committee, peilormiug the fmictions of the Coinmisaionera tor euiierintend- st. ' caihoiino? una iug the buildmgs belonKine to the public, -20 V., c. 11, s. 4. f,'- 'ri>>.i>" ij tho The Governor, if he thinlia fit and Executive Committee, may re-es- tZa^Sll of EeS- tnblieh, aud for that purpose cause to be i-e-occupied the buildiuga, lauds, ccutivo Cnmmiitoo aud premises formerly occupied as a Prison at Stennett's Town, St. Mary °|t''HjjL°', JJ "/q" , to be designated "The St. Mary's District Prison," (for Prisoners from St. Prisons '* "' Ann, St. Mary, Metcalfe and St. George), 28 V., o. 22, s. 1. To be used as a District Prison for the custody of oonvictedfelons and other usos offenders, or in part to any convenient extent as a lock np, and for cases of com- mitment before trial, as the Governor and Executive Committee direct, and the buildings and premises may be altered, fitted or arranged by the like direction as shall be necessai'V, and iu all respects the Prison shall be regu- lated and managed, and all tlie Priaoueis or persons committed, and the commitments thereto, aud the officers, servants and attendants shall he go- verned by 20 v., c. 11, and other Acts relating to Prisons, 28 V., c. 22, s. 2. The Governor and Executive Committee may direct that any Prison Aiioration, &o,, may be altered, fitted or arranged, or any public "buildings converted into "^ ""■»' Pri«ons Prisons as may seem necessary or advisable for the reception and custody of prisoners, vfhen it may, for greater economy or better discipline or management, be advisable to remove from any other Prison ; and may allow, compensntiou lo by way of compeueation to the oiflcers, servants or attendants of any Pri- offioove, &e., o r Hon from which prisoners may be so removed, and which in consequence may ^'i,™u|^'''°''™""' cease to be used as a Prison, such amount of salary, pay or wages, as the Governor, with the advice aforesaid, deems reasonable, 28 V., c. 22, s. 6. The expense of altering, fitting or arranging the buildings at Stennett's Exponsos of alter Town, or any Prison shall not exceed in the case of the Stennett's Town °-'i°o». *<> Prison, jilOO, and of any other public buildings or Prisons, £500, and shall be paid on the Governor's warrant, with the advice of the Executive Com- mittee, out of the funds applicable for Prison expenditure, 28 V., c. 22, s. 7. The Executive Committe, if it be found necessary for extending the ravrors of Exoou- boundaries of any Prison, or rendering it more secure, or for the purpose livo CommiUen lo of britk making, or otherwise profitably or usefully employing the prison- p'"'»''Y" ^"^j ers, may contract for the purchase in fee simple of any lands not under culti- aoi"«" ""' ''"' vation, and on wliich are no substantial and vuluable buildings, aud which are bounded by or join upon any such Prison, or are adapted for brick-making or other profitable or useful employment, to be conveyed to H. M. for the use of the public, and to be applied to the purposes aforesaid, 20 V., c. 11, s. 5 In case the owner or person interested in the land neglects or refuses i" c^se of refusal to treat, or does not agree for the sale, or by reason of absence, incapacity fje^t""*!""'"'' '" or other impediment is prevented from treating or agreeing, or refuses to j j, „ eioouHvo accept of the money offered for the purchase, the Executive Committee commitiee may may give or cause, &c., to the person interested, or leave or cause, fs "" "' vest Marshal or his Deputy three guineas for each Jury warned. The Witnesses witnesses who attend and give evidence shall be paid at the same rates as for attendance at Circuit Courts, by order of the Executive Committee, out of the moneys to be granted for the purposes ot this Act, 20 V., c. 11, s. 9. Money awarded The money awarded by a Jury for the purchase of any land, shall be to go as tiie land of the same nature as the land, and subject to the like uses, trusts and limi- ^"^ tatious, and rules of descent, as such lands and the rents and profits, 20 v., c. 11, s. 10. Payment of money Where the money awarded does not exceed £20, the Executive Com- inB"j;°o°to°'iSy mittee may order it to be paid to the party entitled to the rents and profits, entitled to rents aud orin Case of ooverture, infaucv, lunacy, idiotcy or other incapacity, such pi'nfits money shall be paid to their nusbands, guardians, committees or trustees for their use; but if the parties so entiiled, refuse to accept, the money may be invested by the Keceiver-General as after directed, 20 V., c. 11, s. 11. Exceeding jS™ 'o If any money exceeding £20, which shall belong wholly or in part ceivCTGenora? ^^ any Corporate Body, Ecclesiastical or Civil, or to any trustee, execu- tor or administrator, tenant for life or in tail, or married woman seized In her own iight, or entitled to dower, or infant or issue unborn, or lunatic, or idiot, or any person under any other disability or incapacity, or not having the absolute interest in the land, or if the land is limited in strict or other settlement, or if the owner or other person having the absolute interest, refuses to accept tbe money awarded, or is absent from the Island, or cannot after diligent enquiry be' found, or is not known or discovered, the Receiver-General shall invest, or have invested, all such money iu the names jointly of the Receiver-Genei'al and Kegistrar in Chancery, in the Public Funds, or Parliamentary Securities of Great Britain, as may be di- or tiie Executive rected by the Executive Committee, in one entire sum, or in parcels ; and Sot u'to°rema?n1n '* ^' ^^ shewn to their satisfaction to be right to delay the investment, the his hands without money may be directed to remain in the hands of the lieceiver-General, but interest without interest, 20 V., c. 11, s. 12. Investments sub- Every sum of money invested shall be subject to the provioions of the !oct to Chance r y Chaucery Deposits Acts, 18 V., c. 33, and 19 V., c. 5, so far as thev apply, ex- Deposit Acts ceptl8V.,c. 33,s. 6 7repealed, 20V.,c. 11, s. 13. Lands vested in Upon payment or investment of the moneys awarded, the lauds shall 'a°tnont'° ''''° " vestln H.M.torthe use of the public, fi-ee from incumbiances, and theExeou- ''°'"° " tive Committee shall be entitled to, and shall have immediate possession, 20 V., c. U.S. 14. Maintenance 1 The Executive Committee may maintain in the name of the Crown any '"■" actions of ejectment or other proceedings at law or iu equity to recover or obtain possession, as also for any trespass or encroachment, or damage or irgury committed or done thereon. 20 V,, c. 11, s. 15. PRISONS, The Governor may do the following acts : — 573 Powers of Qover- 1. As vacancies occur he may appoint an Inspector of Prisous, with power Appointment of to remove him and appoint another. inspootov •2. Also a Superintendent, Chaplain, Surgeon, Matron and such other Officers officers of Poni- and Attendants tor the General and Female Penitentiaries as he judges tontiartes and Tre- necessary, and a Superintendent, Surgeon, Matron, and such other >awny Prison Officers as he considera necessary for the Prison in Trelawny, with power to remove them. There shall be only one Chaplain and one burgeon, (see s. 33) to the General and Female Penitentiaries. 20 V., c. 11, s. 16. The Governor with advice of the Executive Committee, may make any alteration which appears advisable, and calculated to effect an improved or- ganization and system in the general management and in the staff of Officers and Attendants (except only the Surgeon and Chaplain of the General and Female Penitentiary) and thereupon appoint the necessary Officers and At- tendants, and remove persons so appointed. The expenditure for salaries or w^es shall in no case exceed the amount of the salaries or wages of the Officers or Attendants now employed. 24 V., e. 19, s. 1. The powers of appoinment and removal of Superintendents, Surgeons, Matrons, Keepers and other Officers to any Prison, vested in the Justices of any precinctor parish, are transferred, and shall be exercised by the Gover- nor, 28 v., c. 22, s. 5. The Governor may appoint and remove, and fill up the places of the Officers, Servants, and Attendants of the St. Mary's District Prison, with salaries at the rates per annum: Siiperintendent, £120; Surgeon, £60; First Officer, £25; Second ditto, £20; Third ditto, £20; Matron and Nurse, £25, 28 v., c. 22, s. 3. 3. He may also visit and inspect any Prison at any time and examine the Officers and Prisoners or any of them as he thinks proper. 4. Make rules and regulations with the advice of the Privy Council, from time to time for the government of the several Prisons, forthe guidance and direction of the Officers, for the management of the prisoners, for a different classification of prisoners of each sex in any Prison, for the individual separation of all or any of the prisoners confined in snch Prison, (due regard being bad to the proper supervision, religious and other instruction and employment of the prisoners, and to the internal economy of the Prison) and with the advice of the Privy Council, to alter and amend any rules and regulations by this Act provided or at any time existing. Such rules and regulations and alterations or amend- ments, to be certified by the Clerk of the Privy Council to the Inspector of Prisons, and also to the Justices of the parish where any Prison is si- tuate ; and at the expii-ation of 10 days after they have been so certified, such rules shall supersede those in this Act provided or existing at the time ; and the Inspector and Justices shall forthwith communicate all such new or altered or amended rules to the Snperintendent of the Pri- son in which they are to have effect, and they shall be binding upon the Superintendents and aU other persons, as effectually to all intents and purposes as if they had been hereby enacted. Suspend or dismiss any Officers of any Prison, whbse conduct appears to him to warrant it. No person so dismissed shall be eligible to any of- fice in any Prison without the Governor's approval in writing. Direct, in writing, by his Secretary as occasion may require, any prisoner confined under sentence for Felony or Misdemeanor of the 2nd class as herein defined, to be removed to some other Prison, to be imprisoned, kept and dealt with in the manner, and for the time directed by his ori- ginal sentence, 20 V., c. 11, s. 16. Extended to the removal of any Prisoner committed for trial for Felo- ny, subject to the terms of the warrant of original commitment, but to no other than a County Gaol, 25 V., c. 31. Appoint to each Prison, where there are generally confined 100 Pri- soners or upwards, a Chaplain, who shall be a Clergyman of the Estab- lished Church, duly licensed by the Bishop, and to dismiss him upon his being found incompetent or negligent in the performance of his du- ties. Every Chaplain shall reside within one mile of the Prison to which he is appointed. Governor and Ex- ocutive Committee may make altera- tions for improve- ment of Penitenti- aries and in staff of Officers and attend- ants Not exce e d i n g present costs 5. 6. luspoct Fi'isonB, Makoaud a Iter Rules and Roerula- tious with advice of the Frivy Council Notifications thoTflOf Validity of such rules Suspend or dis- miss officers Removal of felons and misdemeanants of Sd class to other Frisoni Also of prisoners committed for trial for felony to a County Gaol Chaplain to each prison where 100 prisoners are ua ual- ly confined. DiamiS' sal for cause Residence 574 PRISONS. Employment o f 8. Authorize the employment, or the -working of any Convict or per- Convicta aentenood g^j^ sentenced to hard labor in auy Prison npon the public roads or thorouhgfares, or upon any undertaking of a public or parochial nature, BLibject to such rules, orders, regulations and directions as to the num- ber, class and description of Convicts, &c,, who shall be ordered tfl work thereon, and the hours of labor, description of work, supervi- sion and general arrangement and management, as the Governor, with the advice of the Privy Council, may frame and issue from time to time for the guidance and direction of the Superintendent of any Pri. to hard labor on Roads, Sz,c. Boo 18 v., Appointment of Salesman S. 61, 64 Powers of i/xecu- tiTO Committee To make c o n ■ tracts for Clothing, Diet, and necessa Ties, &c. Direct payment of Accounts, &.C. When audited See 31 v., c. 1, 6. 16 Signalm'o of or- dara Direct sules of condemned stores, Powers of Justices ot certain parishes where prisons are Visiting Justices Copies of rules to he exhibited to be accessible to every prisoner A visiting Justice &c., to visit prison daily Examine Prisons, And redress abuses Powers and duties of Justices although not visitors with re- spect to abuses, and redress 9. Appoint a salesman in or for any Prison, to sell and dispose of all articles made in the Prison, and of any lime stone or sand ; and dismiss him, 20 v., c. 11, s. 16. Powers of the Executive Committee: — 1. To make contracts or authorize the Inspector or Superintendents to make contracts for clothing, diet, and other necessaries, for the main- tenance and support of the Prisoners, and for implements and raate- terials to be used by them, as shall be found necessary. 2. To direct payment by the Receiver-General, upon the audit by the Com- missioner of the Board of Audit of the accounts for clothing, diet and other necessaries, and implements and matei-ials, monthly, oi" the sums required to discharge such accounts, and to pay the salaries and hire of the Officers and other charges authorized, such orders to be signed by one of the Members, or such person as the Governor may name, and countersigned (by the ComiriBBioner of the Board of Audit.) 3. To direct the salesman to sell periodically, all old and unserviceable building materials and condemned stores, 20 V., c. 11, s. 17. The Justices for the precinct of St. Catherine and the parishes of Kiogpton, St Thomas in the East, Portland, St. Thomas in the vale, Man- chester, Hanover and St. James, (as also those of Trelawny, in respect of the Prison at Falmouth, 24 V., c. 19, s. 3, and also St. Mary, -JS V., c. 22, B. 4) in Special Sessions assembled, shall do the following acts : — 2. From time to time as necessary to nominate 2 or more Justices who consent to be Visitors of each Prison within their jurisdiction, or arrange if they see tit among themselves to do the duties in turn. 3. lo cause copies of so much of the Rules of each Prison as from time to time relate to the treatment and conduct of prisoners, and the duties of the Officers, to be printed in legible characters, and fixed up in some conspicaous part of every Prison, so that every prisoner may have access thereto. 4. To make a return of the state of each Prison, and the condition of the prisoners, in such form as the Governor, with the advice of the Privy Council shall direct, with a statement of the number and description of Officers and servants emplo;^ed, the salaries of each, and the authori- ties by whom they are appointed, 20 V., c. 11, s. 18. Their powers {sub-section 1) to appoint Officers are transferred to the Governor, 28 V., c. 22, s. 5. One at least of the Visiting_ Justices so appointed, or who have con sented to act, shall personally visit and inspect each Prison once every day if practicable and expedient, and examine into the state of the buildings so far as to form a judgment as to the repairs, additions or alterations vmich appeal" necessaiy, strict regard being had to the classification, inspection, instruction, employment or hard labor required, and enquire into tlie behaviour and condition of the prisoners, and the means of setting them to work, and into all abuses in the Prison; and in matters of pressing necessity, and, within the power of his commission as a Justice, take cognizance of and redress any abuse, 20 V., c. 11, s. 19. Any Justice, without beins appointed a Visitor, may enter into and exa- mine everj Prison of his parish as he sees fit, and if he discover any abuse, he is required to take it into immediate consideration, and report his opinion, in writing to the Custos, who shall thereupon summon a Special Session for the consideration of the same -, and the Justices shall adopt the most effectual measures for enquiring into and rectifying all abuses in the Prisons of their parishes which come to their knowledge as soon as the nature of the circimi- stances permit, 20 V., c. 11, s. 20. PRISONS. , 57S The Officers to be appointed by the Governor shall be paid the salaries ,;f J|,"''i°' °f„°t'''nr now attached to their offices, or which may be fixed by the Legislature, 20 tuo Go?m?o" "' '' v., c. 11, s. 21. The then Officers continued in office, at the salaries attached thereto, Timn offloovs eon- subject to removal by the Governor, 20 V., c. 11, s. 22. linuoi The Inspector of Prisoiis may visit and inspect the several Prisons, exa- Powers of inspoo- mine any person holding any office, or receiving any salary or emolument, °' or any prisoner in any Prison ; call for and examme all books and papers re- lating to any Prison ; enquire into all matters touching any prisoner or person employed in any Prison, either alone or in the presence of any other person he may select, 20 V., c. 11, s. 23. Ths Inspector is declared to be a Justice for every parish, but shall act inspector to be a only in the preservation of the peace, the prevention o'f crime, the detection pj^fj?,' butto'S and committal of offenders, and other matters connected with the discharge oniyinmattorscon- of his duties as such Inspector, 20 V., c. 1 1, s. 24- °»™f ;^'* •■'' *>'- He may recommend to the Governor such regulations in respect to To rocommend to dietary, clothing, and the employment of the prisoners in the several Pri- {i^^^/for^iowry' sons as he deems best oalculnted to ensure uniformity in i he management clothing, employ- of the Pnsons, and promote the health of the prisoners, which recommen- mont and promotion dations wheii approved of by the Governor, with advice of the Privy Conn- la "" " >""""' cil, shall be certified by the Clerk of the Privy Council, to the Inspector, i-inforooment o f and to the Justices of any parish where a Prison is situate -, and 10 days '"^nimcndaHmia after the same have been certified, they shall be binding upon the Su- perintendents and other Officers, and be carried out and enforced by them, 20 v., 0. 11 , s. 25. He shall, under the direction of the Executive Committee, cause pro- And provide food vision to be made for supplying at the public expense, to all persons con- under directioa of fined in the 3 County Gaols (except persons willing to maintain themselves) ^'°nS'foi"pri«onB'rs such wholesome and necessary food of the kind, quantity and quality , and in county Gaois such diet, in case of sickness, us shall be directed and authorized by the Cno' wiiiinB to Physicians to the County Gaols, and approved of by the Governor, under aoivM] '" ' ° "' ' ally Acts in force for supplying prisoners in the Prisons with food and other necessaiies, 20 V., c. 11, s. 26. Wilfully obstracting the Inspector in the execution of any duty or obstructing i n- power entrusted to him, a misdemeanor ; on conviction, to be punished by spector nne not exceeding £6, or imprisonment not exceeding 30 days, 20 V^, c. 11, s. 27. The Superintendents of Prisons shall do the following acts :— Duties of Super- 1. Upon any prisoner being ordered to be removed, he shall forthwith, RemoToi of Pri- on receipt of the order' permit and cause him to be removed to that sonors vphich he is ordered. 2. Make a report in writing, of the actual state and condition of the Prison To report upon under his charge, and of the num her and description of prisoners or jjj^^j''?^ "s '^anisii inmates confined therein, in Spanish Town to the Grand Court at Town, to eve°"y every sitting, and in other panphes to the Circuit Courts at every ""nd court j in sitting. In the case of the Penitentiaries, the report shall be made i^°'y SStooln once a quarter to the Governor, in such form as he may direct. Prom Penitentis- 3. Hear all complaints touching disobedience of any i-ule of the Prison, quarterly assault by one prisoner upon another, when no dangerous wound or „SS""|,"°i,J" j"S bruise is giveu, profane cursing and swearing, indecent behaviour, any offences specified in-everent behaviour at prayers, or when the Chaplain or other person appointed as directed by this Act is performing service, absence from prayers or when the minister is performing service, idleness or negli- gence in work, or wilful mismanagement ofit, which are declared to be offences if committed by any prisoner. He may examine any person touching any such offence and determine thereon and punish the oflTence by Extent of punish- ordering the offender to close confinement in the refractory or sob- "'"" tary ceUs, and by keeping him upon bread and water only tor not ex- cee'ding 3 days, or for such time, not exceeding 6 days, as the Visiting Justice shall, by a written order, determine. 4. The Superintendent of the Prison to which any prisoner is moved, shall moved prisoners " receive him, and have the same powers over him, as if he had been ori- ginally sentenced thereto, 20 V., p. 11, s. 28. 576 PRISONS. supertntemioni to When the Governor directs or sanctions the employment of any con- working'ou°r"ocis' victs or persons sentenced to hard labor upon any road or thoroughfare, or &c ' npon any undertaking of a public or parochial nature, tlie Superintendent ol the Prison (not tlie Penitentiary) from which they were sent, shall visit the road or place where they are at work, once in each day at least, if not more than 3 miles from the Prison, and direct, inspect and superintend the performance of the work, and see that the inferior officers or persons in charge of the convicts or persons so employed, are correctly performing their duties, and are not permitting any intercourse between the convicts and any other persons, except those appointed to superintend and direct their labor, or allowing them to receive any articles of food, drhik, or other- wise, except such as are furnished by the Officers. Any Supeiintendent neglecting or refusing to perform the duties required, shall on the complaint of the Inspector, or any V isiting or other Justice, to the Governor, be liable to dismissal, 20 v., e 11, 8.29. If any Superintendent or other officer shall contravene any of the niitting fntercoureo with convicts Penalty dismissal Penalty on super- Dismissal Duties of Surgeon Quarterly reports to Inspector Joiu'nai To be open to visit- ing Justices, and signed by tliem quarterly Hospital and Nurses Calling in a 2nd Medical Practition- er for consultation Prisoners not to be removed until reported on by Sur- geon as fit Chaplains duties Every Surgeon shall attend at the Prison as required by this Act, and shall report every 3 months to the Inspector the condition of the Pri- son, and the state of the health of the prisoners and inmates under his care ; he shall keep a journal in which he shall enter the date of every atten- dance in the performance of his duty, with any observations which may occur to him in the execntion thereof, to be kept in the Prison, and be open to the inspection of the Visiting Justices, who shall every 3 months sign the same in proof of its having been produced to them, 20 V., c. 11, s. 31 . One or more apartments properly ventilated shall he set apart in each Prison as a Hospital or sick ward for diseased or sick prisoners, so ar- ranged as to keep the sexes separate ; and necessary nurses shall be pro- vided to attend such prisoners in Hospital, 20 V., c. 11, s. 32. Upon the appearance of any_ severe sickness among the inmates of the General and Female Penitentiaries, or either, the Inspector, as occasion re- requires, may call in the assistance of a second Medical Practitioner for con- sultation only, and the Executive Committee shall direct him to be paid such remuneration as according to the number of his visits is considered ade- quate, 20 V., c. 11, s. 33. No order shall be made for the removal of any prisoner, until he has been examined by the Surgeon of the Prison in which he is confined, who shall report the state of his health ; and he shall not be removed unless reported to be free from acute, dangerous or infectious diseases, and fit to be removed to another Prison, 20 v., c. 11, s. 34. Every Chaplain shall, on every Sunday, Christmas day and Good Fri- day perform the appointed morning and evening services of the Church of England, and catechise or instinct such prisoners as are willing to receive instruction; he shall visit the Prison on such other days, and read such other prayers and portions of Scripture, and perform such other duties as are required by the rules and reguhitions ; administer the holy Sacrament olE the Lord's Supper to such prisoners as desire, and he deems in a proper frame of mind to receive it ; frequently visit every room and cell occu- pied by prisoners, and direct such books to be distributed and read, and such lessons to be taught in the Prison as he deems proper for the religious and moral instruction of the prisoners ; visit prisoners in solitary confine- ment, and afford spiritual assistance to persons under warrant or order for execntion ; have free aceess to all persons on whom sentence of death has been passed, except persons of a different persuasion who have requested that a minister of their own persuasion should be allowed to visit them ; keep a Journal in which to enter the times of his attendance on duty, with any observations which occur to him in the execution thereof, to be left in the Prison open to the inspection of the Visiting Justices, to whom he shall communicate from time to time any abuse or impropriety which comes to his knowledge, 30 V., c. 11, s. 35. PRisoKS. 577 The Island Curates shall attend at the Prisons in their parishes to itiana Curato* which no Chaplains ■ are appointed, and perform Divine Service, and af- ■«'''»"°° chaplain ford religious instruction to the prisoners, at such times and in such man- ner as the Governor shall direct, so as not to neglect their other parochial duties, 20 v., 0. 11, s. 36. The Commissioner of the Board of Audit shall he Secretary to the Pri- a|''"rt,Jef,J°JS'ja''a'' son department generally by receiving, examining and auditing the whole of tie9°'a"a"' powora" the Prison expenditure accounts before they are paid; he shall keep a se- ""'.°' ^i,?-i' '■," parate account of the expense of each Prison, and the average number of SHum a™ vMtod ia prisoners in such Prison, tor each year, and point out to the Executive Com- tiw first Commi«- mittee and Inspector any cases of apparent extravagance whicli comes un- c™"^, s£^er°uav- der his notice, that it may be forthwith checlred, and due economy enforced ii,™jM!gBed' throughout the whole of the Prison establishments ; and as such Secretary shall have all the powers of 18 V., c. 37 (repealed by 21 V., c. 1 ) in demand- ing books, papers, and vouchers, and examinin.y; them, and all persons con- nected with the Prisons, in the discharge of his duty as such Secretary, 20 V.,0. 11,B. 37. No female, except the wife or a member of the family, or a domestic No fomaio to sleep servant of the Supenntendent, or the oiEcer appointed to act as hie deputy, „" , "^jjaij ''f^ 'thotl shall be allowed to_ reside or sleep in any Prison appropriated to the con- for fomaios! cxcep't, tinement of maie Prisoners ; nor shall any male, except the husband of the ** Matron, be allowed to reside or sleep in any Prison appropriated to the confinement of female Prisoners, 20 V., c 11, s. 38. Every person convicted of any misdemeanor connected with felony. Misdemeanants of or a felonious intent, or who shall be lawfully convicted and sentenced cias'se.""* "='">* to haid labor in any Prison, shall be deemed a misdemeanant of the 2nd class ; and every pereou "convicted of any other misdemeanor, a misdemeanant of the Ist class, 20 V-, c. 11, s. 39. The rules in Schedule A shall be those of the General and Female jjuies. Penitentiaries. The rules in Schedule B, those of the several other Prisons €0 far as applicable to all such piisoners as are not misdemeanants of the Istclass, as defined, or persons sentenced to imprisoinneut without hard la- bor, subject to tb« conditional alternative of lelease on payment of a fine. The rules in Schedule C , those for the governance of misdemeanants of the Ist class, and persons sentenced as aforesaid. Such last mentioned misdemeanants and persons shall be subject to such other rules and regulations in force in the Prison where they are confined as are not repugnant to those in Schedule C; and the rales in Schedule D shall be those for the governance of prisoners employed or worked upon the public roads, or in any undertaking of a pub- lio or parochial nature, and of the officers under whom they are placed, 20 v., 0. 11, 8. 48. Notwithstanding the 2nd clause in Schedule D, the Superintendent of When females in any District Prison where there are lands belonging or appurtenant there- Say"'°be^ woS™! to, without the walls but adjoining, may employ within the limit of such without the woUs lands any female prisoner under sentence of hard labour, under the same regulations as other prisoners under like sentences of hard labour. But no female prisoner shall be employed on the public roads or thoroughfares, or upon any undertaking of a public or parochial nature. 26 V., S. 2, o. 18. No person shall be imprisoned iu any Prisira which the Governor cer- Prisons conined tifies, by writing under his hand to the Justices or other persons having au- bo imat^norw' to thority over it, to be unfit to be used as a Prison. JO V., c. 11, s. 41. used ' The Judges may sentence any person convicted of any felony or mis- Prisons for felons demeanor of the 2nd class to the nearest Prison appropriated for the reoep- o°ae?ona"oi»«°''°'' tion of the particular class of con victs to which the Prisoner belongs. Jus- Prisons to which tices may sentence and commit all offenders duly tried and convicted before 'Justices may com ■ them to the nearest Prison, notwithstandiii!,' ll is out of the jurisdiction of """ the Court in which the prisoner is tried, 20 V., c. 11, s. 42. Where any person is lawfully convicted of any felony or offence for oHier convicts wiw which he shall by law now or to be in force be liable to imprisonmeut in ni.iy be sentenced the house of correction, the Court may order and adjudge him to be impri- '"'' »'" '»'""''' eoned and kept to hard labour in either of the penitentiaries for such term as the Court directs according to law. 20 V., c. 11, s. 43. No misdemeanant of the 1st class, nor any person sentenced to imprison- „J|'°"°Jj °f|J '"tJ' Bonment subject to the conditional alternative of release on payment of a p™'itenti«rie> fine, shall be sentenced to or admitted into eilher of the Penitentiaries, except f"' '", '"bor ' ' ' roads, &c 4 A o r 578 rnisoNS. as next after provided, nor ehall bo required, or put to labour npon any ■BtipcS liiiie-, or road or otlier public or parochial worli in anv pai'isii, 20 V., ■e. ll-iS. 45. ^minrnto confine- '^° p?event Contamination arising from the association of prisoners in tecnt of prisoncra _ any Prison in wliich rnles for the individnal separation of prisoners shrill be provided, any prisoner may he sepai'ately confined dnrinp; the whole or any part of the period of his iraprisorimenl, 20 V., c. 11, s. 46. Hoitobe Boiiiary Separate confinement as aforesaid sliall not be deemed Solitary Con- finement -vvithin this or any other Act forbidding the continuance of Solita- ry confinement for more than a limited period, 20 V., c. 11 , s. 47. Colls forseparate ^o cell to be used for the separate confineraeut of any prisoner which cousnement is not of Buoh a siz-e, and lighted. Ventilated, and fitted np in sncli manner as rimy be re(juired by a due regard to Iiealth, and furnished with the means of enabling the prisoner to communicate at ally time with an officer ; nor ^•otlobl!usl^^Iun- "hall be used for the purpose until its fimess in" the several particulara has lifaiiprovcd by thf been Certified, by the lAspeotor, to and approved by the.Goveruor. Every "Govonior prisoner so separately confined shall have the means' of taking air and exei> cise at such times as Bh^l-,be deemed necessary by the Surgeon^ and shall be furnished with the meaiis.of religious and other instruction, also with the means of labour or employment, unless it is deemed advisable by the Gover- nor to order otherwise, Tor a period not excee^ng oire calendar month, at iSny ones time, 20 V., c. 11, s. 48. - , 14 A section of the ^"® Section of the General iPeuitentiary sball be appropriated with the " Pcniieiitloi? to bo approbation of the Governor, and be deemed a prison, within any Act now >ct npnit for Sol- or to be euforccd for punishing mutiny and desertion ; and arty soldier or cim'ictra by'couit marine couvlcted by a Court martial may be sent to the Penitentiary and M«riii>i confined in such section, there to undergo the punishment awarded, and du- ring the time specified in the sentence, or until discharged by an order made by competent authority, 20 V., c. 11, s. 49. Portlodn of tiio ^''® Inspector may set apart and appropriate stlch portions as may be Mule and I'cmaio iiecessary of 'the (jrerieral and Ij'em.ile Penitentiary tO be Used as Houses of J''t"n)"rt°u»"o'u»o6 Correction for the purposes after mentioned. The portions 90 set apart of oorrection shall remain under the care and management of the Superintendent laud officers of the respective Peniteutaries, 20 V., c. 11, s. 50. Justices of King- The Justices in Petty Session, and the several Justices for Kingston) Bton, St Amirows, St. Andrew and Port-Royal, to whom authority is or ehall be given, on "il'ay commit 'So convictioa, to Commit oftenders to the House of Correction or Goal, may oii'cnciurs to ihe commit any such offender, if a male-, to the General Penitentiary, and General I'cniieniia- they, as also the Justioes for the precinct of St. Catherine, to whom like '^Ana iiio Justices authority is or sliali be given, may commit and sentence female oflfeuders to o f St. cutiieriuo the Female Peuitentiai-y, 20 V., c. 11 s. 51. preciuut may eom- « . -n . , . . , -wr- mil female offen- When a Convict or Prison ship is stationed at Kingston, or any other Penitmiiinry^°°'°'° liarbour, the Governor may direct the removal of any prisoner thereto, and coHTiet gUp the Judges may sentence convicted Felons thereto ; and the Governor, in liis discretion, may make all necessary rales relating to the' tvorking, and government of the prisoners so removed or sentenced, 20 ^V., c. 11, a. 52. Panishmont of ^^ ^^7, prisoner is goilty of riotous conduct or continued resistance to offences against ijri- the authoiities, Or of ally repeated oiFenoe against any existing rule, or at- son iiisciDiine anfl tempts to escape. Or is discovered to be or have been aiding orendeavour- su|erinunaiints°"u iig to aid any prisoner in escaping when no actual escape has taken place, or rUdiction is guilty of any greater off'ence than the Superintendent is empowered to pa- iiisU (see s. 28) he sball report the same to the Visiting Justices, or one of them ; and any two of 6ucn, or any other two Justices may enq^oire into. By two Justices upon oath, and determme concerning any matter so reported, and order the offender to be punished by close confinement for not exceeding one mouth, With close con- or by whipping not exceeding 39 lashes, in the case of prisoners convicted orwhippinpnvith of l^lony Or sentenced to hard labor. Such last mentioned punishment shall Governor's confirm not be Carried into execution until the evidence taken in the case has been "'■"'" certified by the Justices and submitted to the Governor, and the sentence has been confirmed by him ; but the oS'ender on being so sentenced, shall be wbij inst in no pat •" c'o^e confinement until the Governor's pleasuie is known. No such crise "io'""ficud to last punishment shall in any case extend to female prisoners, 20 V., c. 11, s. 53. '"'i"ri'«on broncii or H *"y prisoner at any time during the term for which he has been csoiipo, or escnpe sentenced to be imprisoned, break Prison, or escape either from the place during conveyance q( [^jg original coiitincmeut, 01 from the Prison to which lie has been ordered PRisoxs. 579 to be removed, or on his conveymice eitUev to the place in wliibh he lias n the lii'st instoiice boon sentenced to be confined, or to the Prison to whicli he liag been ordered to be i-eiuoved, or from the otficer or person having Esmiio from poiv- tbe lawfid custody of his person, oi' of the Prison from wliich lie breaks or ">" '""'ng lawAii escapes, he shall be gniltv of a misdemeiWior, and pu-ni«h6d by suph fnvtjier °"M°aiUni(!aiMr iuiprisoument not exceeuins" 3 years, as the Uoart before which he is trieii * jaars ftutitcr Bliall adjudge, 20 v., 0.11,1,54. . imprisonment If any prisoner ordered to Uo employed npou any road or thorouglifai a- Escoiioa w ii n o or njon any uudertakiii.s; of a palilis 6y paroehiai aatnre, escapes or attempts &S'''oJaltcuii'it"'^''' to escape from the custody of ajry ojflcer or person to whose care he was '' connnilted whUst so employed, he sliall, be liable tp. tlip same punishment sumppiuiiaiuiKiAt as a prifionei' e3caj)iiig from any Prison iu wliich he is Quuli.ned,^U V.^ c, 11, 8. 55. If any person rescue an^ prisoner during any period of his confinement, nesoiiing priBom- either in the place of his origipal imprisonment, or m the Prison to which he au'Sg^convoviinM is ordered to l>e rem.ovedrt or daring the time of his conveyance to the place in wliich ho wa« iw the first instance sentenced to be confined, or on his removal to. the Pi'isoa to whioh Ufl has been, ordeifed to be removed, or wliilst in the custody of any person in whose chiii'ge he shall be, or if .OraUing or «,-. any person be aiding, or assisting^ in any such rescue, or iu any breach of '" "'° Prison, or any escape of any prisqner, or if any person having the cnstody. voiuutjiriijr- o.t of any such prisoner, or being employed as an ollicer by the person hav- J'i"?!'",™",^ ''°''""'- ing suoli custody, voluntarily or negligently permits him to escape, or if ' suppiylus amu, any person shall, by snpp[yiu.sc arms, tools, instruments, or disguise, or *'<•■.. "•■ oiiiorwiao otherwise bo in any manner aiding or assisting to any such prisoner in any l,cal«i "or'auemp't'- eecitpe, or attempt tij. escap;^, though no esqage be actually made, or shall ing; a rcacuo attempt to rescue any such prisoner, or be aidii\g or assisting in any gucli attempt, tbougli uo rescue be actually made, such person shaU b«. giiihy oft a misdemeauor, and liable to. fine or imprisounient, with or witboat hartt Misdemeanor labor, at the discretion of the Court, SO V., a. 11, s. 5C. Suich fiue not to.exceed £100, nor-impi-jaoiipient 12 mpiiths, 21 V., i-. 16, 6.,.1. "1 if any pereoimot being? aihoflieer or prisoner, carry or bring, or at- supijiyiuic, _ 4m., tempt or endeavouf, Ixy throwing over the walls, or by any other means, i'r«'"''''eii ""'"i" to iutroduc& into any Prison any letters, tobacco, spirits, lir[Uors or other articles not aliowed by the rules, or shall do or commit any act in coutra- ventionof the rules herein provided, or of any existing rnles, or contrary PunMiabiobefoio ta this Act, asy two Justices may hear and' determine any complaint, and iJu^iioes on conviction the pel SOU shall pay a line not exceeding £.3,, and in, default of immediate payment, be committ,ed.to the nearest Prison. Ipr uot exceed.- inij 20 days, uulesssooner pajdi tb& samp to be paid to the lieceiver-Geue- na, 20 Y., c. 11, e. 57. Every person confined in any Prison (misdemeanants of the 1st class' narajabouc and jiersons sentenced to imprisounieut without hard labour, subject to the couditionuljiltemative of release ou payment of a fine, and persons com: the quantity and quality of food aud clothing shall be appointed and directed by the Governor, 20 v., c. 11, s. 58. When the sentence of inipciaonment of any prisoner tarnunales on a When imprison. Sunday, the- person iu charge of the X'risou. ahiilL liherata- hiat on the day Siiurpvl-'Mim 7^ previous, 20 V,, C. 11,. S. 53. Lo UlicliaiBed 111 Pi-eviouR to the liberation of every prisoner, who has been settled iu 'rrisoneiriu^y i o or committed from another pHi'isIi, any visiting Justice may, if he sebs reiuniiiLi in cusio.iy cause, give an, order, in writing, to put the prisoner iu charge cf the [uui?p,'u'uhB,f;iniiw Police to be conveyed to the parish he belonged to, so arranging the *iy nw teuuuii time that his liberation at such parish, shall be on the day, Uxa saiitence "'"'" determines. Tlie Policeman in every case shall give Ui-tice-to the Inspector or one of the sergeants, that he has been stt at large, with a desuriptiu.4, Maiuie«ai;ss of bis person. The Superintendent shall pay to the- Policeman, in wlioso custody he is placed, for the prisoner's lusiiiteniince, not exceeding Dd. for every 20 miles the prisoner is to be conveyed, 2.0 V., c. 11, s. GO. „ f, J. , / a ■ , 1,1 i . Suporinlcnilcnt -I Ou the discharge from any Prison of any person who haj been twice lopons to police ..f or oftener convicted, the Superittteudent shall comumui.c.ile to each, in- '\!l-^jff^n''ii "^ spector of Polite a Jesc-riptiou of such pcrsou, and the place of iCiiJeuce, l!u!.'^".l!li°'ufa '""■ 680 PRISON'S. or locality, eo far as may be aeoertainerl, to wliich he is supposed to have gone, wifliafiy other civcumstauces within the Superintendent's knowledge or inforaiatioH, serving to identify him, which description and otiier in- ^ , formation each Inspector shall communicate to ihe sergeants and priTates Duties of Pohoo of his division, and it Bball be tlieir duty to keep watch for and over such person, his Incalions, haunts, associates and conduct ; and on any such person coming within, or departing from his district, being lost sight of,, each Inspector o'f Police shall report to the Inspector of Prisons, and the Superintendent of the Prison from whom information was in the fiiist in- stance received, the respective facts as they occur relating to hie com- ing or "departure, or beinglost sight of, and all eircurestancesobservationsor remarks respecting his location, haunts, associates and conduct, from time to p*r,r,Tt« tn Tn ''™®' ^"''* ^"^ °^"®'' parlicutars relating to him, which it may seem to the Bpe^tOTofMsons Inspector of Police advisable to communicate, and the Superintendent re- ceiving such reporc, shall forthwith communicate the same to the Inspector of Prisons, who shall thereupon, as nlso whenever he himself receives fi-om And Qovemor any Inspector of Police ii report respecting such person, submit the same with remarks or observations from himself, from time to time, for che in- formation of the Governor, and for any instructions the case may reauire, 28 v., c. 22, s. 11, } ^ ' Salesman, h i s The Executive Committee may reuumerate the salesman for his trouble remuaeration in selling ai-ticles made hi any Penitentiary or other Prison, and keeping accounts of the articles sold, the person to whom sold, and of all raouevs received by him in payment of the same, or which he may collect or gather in, or sue for, or recover from parties owing the same. The remu- uersition to be by talary or commission, or partly by salary and partly by commission, on the amount of sales effected, 20 V., c. 11, s. 61, To pay receipts The salesman shall pay to the Eeoeiver-General all moneys he re- to the Keoeivev- oeives for bricks, lime and other articles sold, or work done by the pii- " sonere, whenever they amount to £30, or upwards, and the Eecelver-Ge- ueral's receipt shall be a discharge, and entitle him to oreijit for the imiouut in his accounts, 20 V., c. 11, s. 62. The money.9 to ^'"^ Eeceiver-Ueneral shall carry to the credit of the Prison cxpendi- be carried to pri- tore Account all sums paid by the salesman ; the moneys to belong Xo the son expendit u r e public and to be applied as the Executive CoHimittee direct, towards the ""S^a 'applied as ®''®<''''<'" °'' completion of the PenitenUai'ies, and the purchase of such ma- Exeoutive o o m- ehinery as may be useful or necessary in the production of articles for build- mittee directs ing purposes, or otherwise as they shall direct, ^0 V., o. 11, s. 63. Salesman to sue '^''-^ salesman may sue for and recover in his own name in any Court for and enforce of Eecord, or under any Act for the recovery of Petty Debts, any moneys payments due for any article or work done, and issue writs and distress warrants on Judgments, and the moneys recovered and received shall be paid to the Ee- Wit-h nonacntnf ceiver-General and carried to the credit of the Prisbn Expenditure Account the Ex^utive but the salesman shall not institute legal proceedings against any person, or Committee issue any writ or distress warrant without having first obtained the con- sent or direction of the Executive Committee who may pay or allow the Expenses salesman to take credit in his accounts for the expense of sumg and recov- ering any demand, 20 V., c. 11, s. 64. fipoutivp Oom- The Executive Committee may grant permission to any person to take mittee may per- any quantity of stone or marl from the Quarry at.Eock Fort or the General mit stones or marl Penitentiary or any District Prison, for the repair of any stieets or roads, or to be taken from fop ^ny other parochial or public purpose, subject to such regulations as S°PeSenuSv^r ^'^^7 ^"'^^ necessary ; but not to interfere with nor interrupt the labo'irs of Prisons, for repair the Convicts at the Quarry or Penitentiary, or dmiinish the (luantity of of roads or ipublic stones required for the use of the latter, 20 V,, c. 11, s. 65. or parochial pm"- . , t-i »- .-, poses In respect to parishes where there is no Pnson, the Executive Corn- Not to interfere „,itiee may authorize payment by the Eeceiver-General out of the Prison AUowsSoes for expenditure moneys, of such sums as are required to pay the expenses of paiishe^ where maintenance and medical attendance on all prisoners committed before summa- therearo no pri- ry trial, or before being examined and committed for trial at the Circuit Bims for mainte- (jom-ta^ or upon their lemoval from one Prison to another, also Crown wit- clfattpSnS m nesses unable to give security for their appearance, and all persons convict- prison e r s and ed ancl sentenced to imprisonment in any DieLrict Prison or the Penitentiary Crown witnesses ,j,n.ing their necessary detention in any such pariah. The sum for mainte- **'*' iiuuce not to exceed on an average Sd.'per head per dium ;_ &iid the scale of puisoxs. 581 chargoB for medical attendance not to exceed tliat for attendance on the i'oiicc, aO v., 0. li, a. 66. The Justices may canae conviotiona to be drawn up as follows, or to Form ofjonn™- Buch efl'ect : — tion Be it remembered, that on the day of in the year of our Lord A. B. ia'coavioted before us, C. D. and E. F., two of Her Majesty's Justices of the Peace for the Parish of for that the said A. B. (specifyiuj; the ofi'euce, and the time and place ■when and ^^•here the same wiis committed, as llie case shall be), and the said A. B. is for his said oC'ence adjudged by ua the said Justices to forfeit and pay the sum of and if Buch sum be no not paid immediately, we order that the same be le- vied by distress and sale of the goods and chattels of the said A. B., and hi default of sufficient distress, we adjudge the said A. B. Lobe hnpiisolied in for the space of unless the fine be sooner paid. Given under our bands the day and year first above mentioned, 20 V., c. 11, B. 67. No order or conviction shall be quashed for. want of form. No distress proceedings net shall be deemed unlawful, nor the party mailing it a trespasser on account S-emilarif y n o r of any defect or want of form in the summons, conviction, warrant or dis- party a trespaaser tress or other proceedings I elating thereto, nor the party a trespasser on ac- Spooial damEii> count of any after irregularity ; but the paity aggrieved may recover satis- ses ■faction for tho special damage in an action for the irregularity, if tendar of Tendsr Bufficient damages be not made before action, 20 V., c.V., s. 68. ■ To any action the party may plead the general issue and give the epe- ■Protection from cial matter in evidence. If a verdict pass for ihe defendant, or the plaintifl'be- ^"°™ come nonsuit or discontinue after issue joined, or if, upon demurrer or other- wise, judgement is given against the plaintift', the defendant shall recover costs, and have the like remedy as in other cases, and though a verdict is given for the plaintifl'be shall not have costs out of purse unless the Judge certify his approbation of the action and verdict, 20 v., o. 11, s. 69. Penalties not otherwise declared shall be recovered before two Jus'ioes Recovery and and enforced by warrant of distress; and upon no sufficient distres'i returned pena'tfea^" ° any Jnstice may by warrant commit the aefendant to the nearest Prison with or without hard labour, not exceeding 3 months, if not sooner paid, 20 v., c. 11, s. 70. This Act shall be read as ineorpor'afed with 20 v., o. 11 and other Acts, ."'"'"Toration relating to Prisons, 28 V., c. 22, s. 13. with othirLtf ' SCHEDULE A. to 20 V. o. 11.— PENITENTIAEIES. Visiting Justices. 1. The Governor shall nominate 2 or more to be Official Visitors. 3. Who shall make arrangements among themselves for the perlormanoe of their duty. 3. To meet at the Prison once at least in each quarter. 4. To fix a scale of fines to be levied on the Subordinate Officers for negli- gence in the performance of their duties, (to form a fund for their reUef in sickness.) 5. From time to time to cause the rules relating to the treatment and con- duct of prisoners to be printed in legible characters and fixed up in conspicuous parts of the Prison, so that every prisoner may have access thereto. 6. At every meeting, to examine into the state of the buildings, the behaviour and conduct of the Officers, the §;eneral behaviour of the prisoners, and all abuses in the Prison, suggesting any practicable improvement. 7. A Visiting Justice may see any prisoner committed in close confinement, and may hear or receive any representation from him as to his treatment, and enqui re into it. 8. To keep " The Visiting Justices Minute Book" in which are to be enter- ed all visits and observationss made by them either individually or collectively, the minutes of each meeting to contain the names of the Justices present, to be signed by the chairman and kept in the Prison. 532 PRISON'S. Srlimlillu A THB SUPKIIIXTENDEST. lit III 11. cii J Sliall not directly ov indirectly have any interest in any contract or agree- ment for die eicjiply of the prison. 2. One of llie Chief Officers best acqiiajnteil with the daily rontine of prison dnties, to be selected by the Hupei-iutendeiit and approved of by the Inspector, shall be appwinted by the Governor, th^ deputy of the Su- ])ernitendentj and shall lill his place wheiiover he is sick and unable to attend to his duties, or has occasion to be absent on leave. Such depu- ty whilst acting shall have all the power and be subject to all the duties of the Superintendent, and shall enter into the Suiierintendent's Jour- nal the period when he took charge and delivered up the sauie on eve- ry occasion of the absence of the latter. 3. In case of absence for a nijjht from nnavoidable neoeesity he shall state the absence and cause in his Journal, 4. In case of misconduct he may suspend any Subordinate Officer, bnt shall reooid the particulais in his Journal, and the Officer shall continue sus- pended until the case is decided by tile Visiting Justices or Inspector. 5. He is expected to exercise hia authority with firmness, temper and hu- manity, to abstain from all irritating ianguage, and not to strike a pri- soner, lie must enforce siiuilar ounduct oil the Subordinate Officers. 6. In his Journal he shall record all punishmenls inflicted by his authority or that of a visiting Justice, the day on which punishment was iu- tlie'.ed and the cause; also all occurrences of iniporfanee within the I'rison, particularly such as relate to the health, discipline or employ- ment of the prisouei's, or the iofriiigemeut, from whatever cause, of any of the Piisou rules. 7. To accjuaint himself with the laws relating to the Prison and Prison rules, and strictly adhere to them, and be responsible for every infringe- ment or relaxation. 8. To visit and inspect every ward, cell, yard and division of the Prison, and see every Prisoner ouce at least in every 21 hours, and in default of huch daily visit and inspection, he shall state in his Join*nal how far he has omitted, and the cause ; he shall, at least once during the week, go through the Prison at an uncertain hour of the night, which vitit, with the hour i quor not exceeding one quart, in 24 hours. 10. To be allowed such air and exercise as the arrangement of the Prison will permit. 11. Not to be required to perform any work or labor, clean his apartment, or make his bed, or perform any other manual office, but at his own request he may be supplied with or may procure any employment and materials and tools which the keeper deems safe and convenient. 12. His apartmewit shall be cleaned, his bed made, and his meals brought in by an officer. 13. If imable to maintain himself, he shall be provided with the Prison diet or allowance. 14. Any prisoner of his class who disobeys, evades, or abuses any rule ap- plicable to this division of prisoners, shall be tried and dealt with under this Act. Schedule SCHEDtTLE D> Prisoners Employed on Roads, &c. 1. No prisoner to be employed without the walls, who is not under sentence orchard labor. 2. In lieu of this, see 26 V., S. 2, c. 18, Employment of females. 3. No Juvenile prisoner shall be so employed. 4. In determining the number to be sent upon the roads or to other pnblro work, regard shall be always had to the necessary duties to be per- formed within the Prison. 4 c Schedule D §94 PRIVATE BILLS AND PETITIONS. Schedule D 5. Prisoners not to be employed at a greater distance than 3 miles ft'om ^soners °" their Prison, except under very special circumstanoee to be judged of Boaas, Sc. jjy jjjg Q-overnor, and then only with his express sauction and direction. 6. Prisoners employed without the walla to leave at day breali. 7. To be attended on the road and at their work by an adequate guard of Officers or Police. 8. The time for breakfast and a short rest, to be limited to three fourths of an hour. 9. To be drawn off their worlt at such time in the afternoon as will give them , at a reasonable rate of walking, a full hour before dusk for dinner, changing clothes, &c. , preparatory to being locked up for the night. See 28 V., c. 22, 10. To be always lodged in the Prisons to which they have been sen- '• * tenced or transferred, except under veiy special circumstances to be judged of by the Governor, and then only with his express sanction and direction, and on no pretence whatever to be kept out after sunset. 11. Not to be intermingled, or directly associated, at their work, with hired laborers. 12. Only Officers or the Police appointed for the purpose, and who will be responsible for the manner tney discharge their duty, shall exercise authority over them. 13. When their labour is required for any work of a public or parochial nature, other than what is under the authority of the "Boards of Eoads and Bridges, report shall be made to the Governor, of the natm-e and extent of snch work, and his authority obtained before it is entered upon. 14. Prisoners must' not be left together, at any time, without the proper supervision of an officer. 15. Subordinate officers never to leave the post assigned to them without a substitute and the Superintendents' permission. 16. To suffer no observations from prisoners to themselves, but such as the strictest necessity requires. 17. When on duty, to hold no communication with any person, except in relation to that duty . 18. As greater facilities are afforded to prisoners, by employment iu public, for obtaining prohibitei articles, there must be a corresponding vigilance on the part of the officers over them. 19. The Superintendent of each Prison shall report monthly to the Inspector, for the information of the Governor, the nature and tne loeahty of the pubho or parochial works in which the prisoners have been engaged, stating the average number so employed. 20. The prisoners employed without the walls, and the officers who superin- tend them, are stul amenable to all the rules of the existing Prison Law, as far as they are applicable to the circumstances in which they are placed. Private Bills and Petitions. SalarieB ill lieu The fees of the officers of the Legislative Council and Assetably, on of tees on Private Bills and Petitions, were abolished, and salaries iu lieu of fees were granted to the Piesident of the Legislative Council, Clerk and Usher of the Black rod, and also to the Spesiker of the Assembly, Clerk and Seijeantat Arms, iu lien of fees, 21 V., c. 17, s. 14. Private bills ' •'^" '^'"^ ""^ object of which is not of public utility or improvement, but solely for the interest or beneiit of private individuals, trading Cor- porations, Companies, or Societies, shall be considered as Private Bills, and upon each a Stamp Duty of £80, shall be levied and taken for the Stamp on • use of the public ; and no snch Bill shall take rise in the House except upon Petition from the parties desiring the same, and after report from a select Committee to be appointed to enquii'e into the allgeations of the Petition, 21 V., c. 26, s. 1. on lot sheet of Such Stamp Duty shall be impressed by the Receiver-General on pay- the draft bill and ment to him of £80 (without allowing any discount^ on the first sheet of cleA '** ^^ ^^' '^® ^"^ **'"' P™viou8 to its introduction, and the Stamp shall be cancelled PROVOST MARSHAL. 595 by the Clerk of the Honse. On the presentation of the Bill, a, receipt from the Eeqeiver-Gfeneral for the Stamp shall be produced to the Clerk of the AsBembly, shewing the payment withoat discomjt, 21 V., c. 26, e. 2. 21 v., c. 26, B. 3, imposing a 10a. Stamp on certain Petitions pre- Stamps on petl- sented to the Assembly, repealed, 28 V., c. 1. '>o°^ repealed Privy Council. The functions and privileges of the present Council, (all of whom by rowers of late name were declared to be Members of the Legislative Council, s. 2) Council determin- whethep exercised as a Privy Council, a Legislative or an Administrative Council, or as a Judicial Body, or otherwise, howsoever, were deter- mined, 17 V.,e. 99,8. 12. Her Majesty may appoint such number of persons as she sees fit, to be Appointment s the Privy or Advising Council of the Governor, who shall exercise and ™^enr°'pr i v y enjoy the like powers and authorities, as are now holden by the Mem- Council bers of the present Council when sitting, or acting as a Privy Council. Not to defeat or limit the power of Her Majesty to select, appoint or remove the Privy Councillors, 17 V., c. 29, s. 13. The Secretary of the Executive Committee shall be the Clerk and Tteir Clerk execute the duties performed by the present Clerk, 17 V., c. 29, s. 14. jlil,O00per annum appropriated out of the civil list, to the Governor, £1000 ^er annum and Privy Council for extraordinary and unforeseen expenses, 17 V., appropnated to c. 29, Schedule A. Produce, Protection of. If any person have in his possession any quantity of sugar, pimento, Forfeiture of or coffee exceeding 501bs, any person who suspects it to be stolen may When not satisfac- give information on oath before 2 Magistrates, stating a probable cause '°j"y accounted for believing it to be stolen, who shall summon the person in possession before them, and call on him to account for the means by which the same came into his possession, and if he cannot satisfactorily account for the same, it shall be forfeited to tie-parish for the good oi the poor. JJot to affect the claim of the rightful (jwner, or exempt the party from the pe- nalties of the laws for stealing br'receivmg stolen goods, 10 G. 4, c. 15. Returns to writs Provost Marshal. In case of the death or removal of any Provost Marshal, so as he may ^^^.'"l be rendered incapable to make return of writs, the succeeding Pro- ™ '^ vest Marshal is empowered to make return of the same, and in every thing else to act as effectually as the preceding Provost Marshal could have done, first giving security to the preceding Provost Marnhal or his security, to indemnify them, and taking the same himself of the respective Marshals, and in all other respects qualified himself as by law required, 10 Ann, c. 4, 8. 6. If any Provost Marshal dies, on or immediatelv before the return Until the ap~ day of such process as has been duly lodged in his office, the several f"^*™™* °' * Deputy Marshals appointed by him shaU continue m their office, and exe- SsM exe- cute the same, and all things belonging thereto, m the name of the de- cute process ceased until another Provost Marshal is appointed and duly qualified. Ihe^: Deputies shall be answerable for the execution of the office in all things,.^ and to all mtents and purposes durmg such interval, a-t the deceased Pro- vost Marshal would have been, if living ; and the securities giyeu to the deceased by the Deputies, and their sureties, shall remain securities to tlie King, and to all persons for the due performance of the office, by the Deputies during such intei'val, 5 G. 4, c. 13, s. 1. The returns to all such process, and to all inquisitions, and ot^er pro ,J^*^= '" ="<='' ceedings which are required to be returned in the name of the Pro\/ost " Marshal, shall daring such interval 'be made in the name of the deceased ' Provost Marshal, and shall, except as to wnts of venire facias, be signed bv the several Deputy Marshals, by whom they were or might have- been executed, and writs of venire facias shaU be signed by the person who was duly authorized by the deceased to issue precepts and sign his Amount of re- cogni2ance 596 PKOVOST MAESHAL. name thereto. Such Deputy Marshal, or Chief Clerk, shall not, by rea- son of his BO signing the name of the deceased Provost Marshal, be en- titled to any additional right, interest or emolument. Not to limit, extend, or alter the security held by any Patentee of the Office of Provost Marshal, or the responsibility of such Patentee in any manner, 5 G. 4, c. 13, s. 2; ^°"" ^ The Provost Marshal shall enter into recognizance with 2 sureties, before the Chief Justice, for the faithful and due discharge of his office, to be entered up and recorded in the office of the Clerk of the Crown, and signed by the Provost Marshal and his securities before the Chief Jastioe at the time, 15 G. 3, o. 7, s. 1. mg™5ore -^^ shall not presume to enter upon or execute his office before he has entered into such recognizance, under the penalty of £1,000 (£600 sterling) and be rendered incapable of holding such office, 15 G. 3, iuf toto °eoSri£ H^ ^"^all '«^^8 wi* 'lie Clerk of the Crown, and Attorney-General, notice in writing of his intention of entering into such recogmzauoe, with the names and additions of his intended securities, 4 days at least before, that the Attorney-General may, if he thinks fit, attend, 15 G. 3, c. 7, s. 3. The Provost Marahal's recognizance shall be himself m £ 20,000 (£12,000 sterling) and 2 sureties m £5,000 (£J,000 sterling) each, 15 G. 3, c. 7, B. 4. Fra^h security jjg shall be compelled to give fresh securities upon the death or insuf- ficiency of his former sureties, upon being required by the Attorney-Ge- neral, within one month after he has been so rpquired, first giving to the Clerk of the Crown 4 days notice in writing oi his intention of giving such fresh suieties, with the names and additions of the intended sureties, that the Attornev-General may, if he thinks fit, attend, to be taken as di- rected by 15 G. S, 0. 7 ; 4 G. 4, c. 12. Deputies -He shall keep in, each precinct a sufficient person to act as Deputy Marshal, who shall reside in the most convenient place of the precinct, in order to receive all such prisoners as shall be committed to hiJi within the precinct, and also to execute all such writs and precepts as shall be directed to him by any Judge, or Justice of such precinct, 8 G. 2, c. 5, s. 12. To attend courts He or some person in his stead, lawfully deputed by him, shall attend the Justices during the whole time of their holding their Courts, 31 G. 2, c. 4, e. 21. Alphabetical The Provost Marshal shall keep a book or registor of all actions deli- book of EictionB, vered in his ofiice for service, and of all bench warrants, and other warrants warrants &wnt3 f,.gm ^^y Judge of the Supreme Court, or of the Attorney-General, and of all writs' mesne or Judicial, in which the names of the defendants shall be first entered in an alphabetical manner, and then the names of the plaintiffs, together with the day when each action or summons, waiTant or writ was lodged, and which shall be free and open for the inspec- tion oi all persons, 19 V., c. 31, s. 2. Duties of depu- Every Deputy Marshal shall be diligent in effecting the service and ties with respect execution of all actions, warrants, precepts and process delivered or sent procMs " to him bv the Provost Marshal, and in case of any neglect of duty, de- fault, corruption or connivance in or concerning the non-service or non- Penalty execution of any process delivered or sent as aforesaid, the Supre.iie Court mav, upon complaint, impose a fine upon the offending Deputy not exceeding £100 for each offence, or dismiss him, which shall render him incapable of again serving as a Deputy Marshal, unless by permis- sion of the Court, entered of record in the office of the Clerk of the Court ' 19 v., c. 31, s. 5 Pees on service The Provost Marshal shall, before seivice of any process for the com- of action demand- menccment of any action, be entitled to demand and have from the able in advance plaintiff or person issuing it, the fees now payable for such service. If * service be not effected before the next Session of the Supreme Com-t, he shall on demand of such plaintiff or person, or his Attorney at-Law, re- turn the amount of service money so advanced, with interest at £10 per cent per annum, 19 V.,c. 10, s 55. Deputy ysa- Every Deputy Marshal, shall before the first day of every Supreme shal'B returns of Com I, make his returns to the Provost Marshal of and concerning all summons to Pro- .jy,.itg ^f summons, returnable at such Court, whereon precepts shall vost Marshal ^^^^^^ j^ j^j^ ^^^^^^ j^ convenient time for enabling the Provost Marshal PROVOST MARSHAL. 697 to return them into the office of the Clerk of the Court as after required ; and in every case where a copy declaration has not been served, shall, together -witu his return of process, assign, in writing upon oath, the par- ticular causes of non-service. In every case where he shall not make his return, or in case of non-service, assign the particular causes, the Court shall for every default Impose a fine upon him, not exceeding £50 (£30 sterling) unless sufficient cause is shewn in writing upon oath , and also if required by the party interested, upon examination npon oath, viva voce in open Court, or npon interrogatories whv such return, or such assignation of the causes of non-sei'vice was not maje, and under tui order of Court, to be made in every case of default without sufficient cause, shall pay all costs of the party complaining ; to be taxed, 43 G. 3, c. 20, s. 1. The Provost Marshal shall, by the sitting of the Court on the first day Provost Marshal's thereof, return into the office of the Clerk of the Court all writs of sum- returns mens returnable thereat, in case of non-service, with the causes assigned by the Deputy, endorsed upon the writs so non-executed. lu every ease of default, the Court shall set a fine upon him, not exceeding £50, and nuder an order of CDurt, in every such case to be made, shall pay all the costs of the party complaining ; to bo taxed, 43 G. 3, c. 20, s. 2. Every Depnty Marshal shall, on the first day of the Supreme Court, Deputy Max- make his returns to the Provost IVTarahal of all writs of venditioni returna- shal's returns of ble, whereon precepts have come to his hands ; and in every case when a ^^f^'"""),^ ^^" writ has not been fully executed shall, together with his return, either of ™ Maisnai nulla bona, or of any levy not to the full amount, assign, in writing and npon oath, the particular causes of non-execution, or short execution ; and where any levy is r^ ' urned in custody, shall, with such return, set forth, in writing and nponoali. , when the precept came to his hands, when the levy was made, and the cautti- 'xhy it has not been sold, or he shall be subject to penalties, examination co^L3, &.C., as in s. 1, 43 G. 3, c. 20, s. 3. The Provost Marshal shall, ou or hefoi-e 10 o'clock of the morning of Provost Mar- Thursday of the first week of the Supreme Court, returu into the office of shal's returns the CleA of the Supreme Court all wrils of venditioni exponas returna- ble, and in case of non-execution or short execution with the causes as- signed as aforesaid, and in case of a levy returned in custody with such de claration as aforesaid concerning the return endorsed upon the writ, not executed in whole or in part, or with such return of a levy in custody tmder penalty, &c., as in s. 2, 43 G. 3, c. 20, s. 4 ; 7 V., c. 43. In every case of a levy returned by the Provost Marshal, as applica- Apportionment of ble in a course of priority, he shall (such return being made into the office '^^'' *° Pnority of the Clerk of the Court as aforesaid) be allowed time for ascertaining the proportions w^herehithe levy is applicable, until the second Tuesday of the Court, 43 G. 3, c. 20, s. 5 ; 7 V., c. 43. In every case of refusal or failure by the Provost Marshal to pay over Penalty for le- any moneys in his hands, demund of payment being first made by the fusiil to pay orders person entitled to receive the same, or any person authorized by his order, ?°*. *"? moneys the Supreme Court shall impose upon him a fine not exceeding £100 "^""^ amas (£60 sterling) and he shall under an order of Court pay as compensation to the party aggrieved, over and above the sum withheld, a further sum at the rate of £10 per cent per annum, on the amount withheld, and shaW also under such order pay the costs of the party aggrieved ; to be taxed, 43 G. 3. C.20, s. 6. In every other case of default of any Provost Marshal or Deputy, bv In other cMea any other Act incumbent on them, where any suitor complains (such default ^ovost MmsM appearing to it) the Supreme Court may impose a fine npon the Provost orneputy or Depnty Marshal at its discretion, not exceeding £100 (ji60 sterling) and who shall under an order of Court, in every such case to be made, pay the costs of the party aggrieved ; to be taxed. Nothing in the Act shall exempt Other liabilities any Provost or Deputy Marshal from any higher penalty under any other preserfea Act, nor afiect any right of any suitor attaching by law upon any mis- feasance, nou-feafance or default, 43 G. 3, c. 20, a. 7. The Provost Marshal within 4 weeks after the Supreme Court shall Schedules o f make a perfect Schedule, subscribed by him, of all levies returned therein SaUon Z shewing the manner and proportions in which all levies are applicable and clerk of the Court applied, and another Schedule of moneys remaining from levies of former Courts, shewing how thev are applicable, to be made in alphabetical order according lo the names of defendants and of the testators or intestates of 598 PROVOST MARSHAL. defendants as representativea of persons deceased, such Schedules to be verified upon oath of himself oi' his principal Clerk before a Judge, and Tea delivered to the Olerk of the Court, to be recorded in a book for the pur- pose, and the original Schedule to be carefully kept (Provost Marshal's fee to be paid by Eeceiver-General £15) {£9 sterling) under penalty of £400 (£!M0 sterling) to be recovered by action of debt, one moiety to the Crown the other to the Informer with costs ; to be taxed, 43 G. 3, c. 20, a. 8. Liability to costs If on motion or prosecution against any Provost Marshal or Deputy, ?n aSSiMtioi'"'"* "^^ P^'^'y ^^'l' ^^^ '' appear to the Court to have been made without just audproljable cause, the party failing shall, under order to be made, pay the costs of the Provost Marshal or his Deputy ; to be taxed, 43 G. 3, c. SJO, s. 9. Enforcement of The Provost Marshal shall receive his fees imniediately after the duty 'Xo 19 v., o. 10, '8 performed, and if payment is refused or delayed, on proof of demand s. 6s. ' ' shall, under an order of Court, recover his legal fees from the Attorney who issued the process, with £6 per cent per annum from the day of de- mand, and costs ; to be taxed. But not to preclude the Provost Marshal from an election to enforce payment by any other remedy, 13 6. 3, c. 20, s. 10- FEES OF PEOVOST MARSHAL. Currency. Sterling £ 8. d. £ 8. d. 10 Ann c 4 s 8 Every Commitment and Beleasement at Common ' ■ ' ' Law or in Chancery, each 2 6 16 Executingany Writin St. Ja^o dela Vega 2 6 16 Executing a Writ of Possession, Seisin, Escheat, Cessavit or Assignment of Dower or Partition, be- sides mile-money, at 6d per mile 10 6 Summoning a Jury to execute a Writ of PosseBsion, Escheat, Cessavit, or Assignment of Dower or Partition in St. Jago de la Vega, Kingston or Port Boyal, or within 3 miles of any of the said towns 3 1 16 If above 5 miles .... .... 5 3 Eeturn of aHabeas Corpus cum causa, if in St.'Jago de la Vega .... .... " 2 6 16 For his attendance on the prisoner to any other place, per day .... .... 4 4J 2 7J For summoning a Special Jury 6 3 3 9 ' Eeturn of a Venire Facias 13 9 Every Bond with sureties for appearance, to be paid by the defendant .... .... TJ 4J Allowance of a Supersedeas 13 9 Copy of a Warrant .... .... 7J 4J Executing all Writs of Enquiry, Partition, Pro- prietate Probanda, Forcible Entry, and Writs of PoBsession, each, besides mile money, at 6d. per mile .... .... .... 10 6 Serving every Summons at Common Law or Fo- reign attachment, besides mile money 2 6 " } ^ Fees upon each Verdict 026 016 Serving all Summons and other Writs at Common Law, and all other Writs issuing out of the „ , ■■ Court of Chancery, besides mile money 2 6 ^ J, jj Every search in his Books 13 " J n Each License to sell Drink .... 16 3 9 9 Levying a Debt by execution, for the first £100 arid under, per pound 2 n ? For all Sums over £100, per pound 0b And no more, nor more than is really due, without any pretence of mile money or other chai'ge. Wnen two or more Writs are lodged against the principal or his sureties, or any others, for tlie same debt, no more poundage fees shall be de- manded or received than for the real debt and costs then due, 8 G. 2, o. 5, s. 10. Assignment of a Bail Bond .... 2 6 10 For executing every person .... 500 300 PBOVOST MARSHAL, §QQ Currency Sterling- £ B. d. £ d. a- To the Bailiff that lieeps the Jnry, for every action tried .... .... .... 13 9 Serving all process outcf the Supreme Court, (sub- poanas and venditionis only excepted) per mile. M. No ProvoBt Mai'shal shall demand or take for the s G. 2, c. a, 1. 1 service of writs of summons, scire facias, ireple^ vin or other process, more than 3d. per mile, ■which is allowed by 10 Ann, c. 4, unless where the Act has otherwise ordered, 8 Gr. 2, c. 5. s. 1. In order to ascertain the pame and the respective * "■ ^^ "• 6, s. 2 distances of the several parishes from St. Jago de la Vega, the Provost Marshal shaU be allowed for mile money at the rates following, for all Wilts of summons, scire facias, replevin, or other process in the several parishes : St. Catherine Si Dorothy Clarendon Vere .... St. Elizabeth Westmoreland Hanover St, John St. Thomas in the Vale St. Ann St. James St. Mary Port Royal Kingston St. David St. Thomas in tbe East St. Andrew St. George Portland Besides 2s. 6d. (Is. 6d. stg.) for serving each writ, allowed by 10 Ann, c. 4, 8 G. 2, 0. 5, s. 2. For a Bail Bond on any writ of arrest, attachment, 8 o. 2, 0. 6, i. .i or other process of contempt out of the Supreme Court or Courl^of Chancery, or for a replevin bond 050 030 For execnting a writ of ne exeat insula, and mile money 10 060 For a Bond taken thereon 050 030 For every Warrant granted by a Justice, besides mile money, at 12d cmxency 10 6 For entering in his Books, the Clerk of the Courts ^^ g ,^ „ ,5^ ,^ ^ Beturn of satisfaction of each Judgment, on pay- ment by the defendant, his Attornies, Execii- ; tors, &c.- for each satisfaction 2 6 I 6 Afterwards, every person was required at the fir^t time of lodging a Writ of Execution to pay the Provost Marshal, 2s 6d (Is 6d stg.) in full for en- tering satisfaction npon such exectition in his books, whenever it snould^appaar by any means to be satisfied, and the Provost Marshal subjected to a penalty of £500 (£300 stg.) for every neg- lect or refusal : recoverable by action of debt, &c. one moiety to the iqformer, whiclj sninthe Clerk of the Court was directed to tax as part of the plaintiff's costs in eveiT original execution, 21 G. 5, c. 23, s. 2, 3, 7. The Writ of Execution is now abolished, 19 V., u. 10, 8. 39. His Fees for the execution of "Writs of Emble- iisio. 3, 0. 1, ». 3 ments shall be the same as he is entitled to re- 9 SJ 2 9 18* 7 9 4 8 7 4 21 17 6 10 6 1 11 3 18 9 1 11 6 18 lOi 3 1 10 4 2 ii 11 6 6 11 10 12 8 9 5 3 3 1 10 4 6 2 5 9 3 5 7 16 9 8 4 2 5 11 9 7 1 15 3 9 2 600 PUBLIC BUILDINGS. 43 G 3, 0. SO, 19 V ,c.31, I 19 v., , c. 31, 1 20 V. , 0. 14, 1 20 v., . ll,s.i 21 v., 0. 13, s. 21 V. c, 25, t. S2 v., 0. 6, e. t Tabic or foos roiiallies Currency. Sterling, d. £ a. d- ceive for the retnni of otber inquests, 2.5 G. 3, c. 1, s. 3. For each Schedule of the applioatioE of Levies re- turned to the Supreme Court, to be paid by the Keceiver-General 16 00 900 For executing a Bench Warrant or Warrant of any Judge, or of the Attorney-General, with mile- money at the rate of 8d per mile, for the first 20 miles, and 4d per mile for every mile above 20 : 12 Every Special Precept 7 6 For warning a Special Jury, to be paid by the party obtaining it 2 2 For vparuing Jury under Prisons Act 3 3 I For executing a Writ of Attachment, a poundage of 5 per cent, on the amount for vrhich the party is arresteU, to be paid in the first instance by the plaintiff, and in addition On the execution of the Writ. . .5 For mile-money from his ofiice in Spanish Town, to the parochial town of the Deputy, to whom the precept is directed, Id per mile, if issued through the Clerk of the Court's Office. For mile-money for each mile, from the parochial town to the place to which the officer has to travel for the ap- Srehension of'the debtor, per mile Is. e-money in Kingston 3 On Forfeited Recognizances and Fines the usual fees and commissions For each Election at which one Member of Assem- bly or a Coroner is relumed, whether contested or not 300 Where two or more members are returned 5 A fair written table of his Fees allowed by this Act to be taken, shall be constantly and publicly kept up in liis oflice, under penalty of £ 100, (*,60 «tff.] to be recovered by action of debt ; one moiety to the infoimer. if he or any person for him asks, takes, demands or receives any greater or other fees or sums, or other reward, such oflicer or person shall forfeit £100 (£60 stg.) recoverable as above, and be further incapacitated to bear such oiBce, 10 Ann, c. 4, s. 34. For offences by the Provost Marshal or his aeputies against this Act a penalty is imposed of £20 (£12 stg.), beyond those in 10 Ann, c. 4, one moiety to the informer, recoverable by action of debt, A: c. 8 G. 2, c. 5, s. 17. Assmbly and pub. lie records KoOnoy's Statue Arsenal aud Guardhouse Committee Kooms, Grand Jury Koom and Parochial OfHces St. Cathe- rine Public Building's. Commissioners were appointed to build an edifice for the use of the Council and Assembly, and for the couseivation of the public records, and an Armory for keeping small arms ; and the materials were vested in the Commissioners, 17 G. 2, c. 9, s. 1, 4-9. The Buildings erected or begUTi under the repealed Act, 30 G- 3, c. 21, on the North side of the Parade, St. Jago de la Vega, whereon to fix Lord Eodney's Statue, and erect Oinces ana Buildings for the public records, were placed under the jurisdiction of the Board of Works, and to be deemed public Buildings, 38 G. 3, c. 21, s. 1, 2. The Board of Works were empowered to purchase land to erect a new Arsenal and Guard House, on the West wing of the Temple, over Lord Eodney's Statue, 44 G. 3, c. 21. The Board of Works were empowered to erect a Building on the South side of the Square, in front of the King's House, for additional Committee Rooms for the Assembly, an apartment for the use of the Grand Jury of Middlesex, and offices for the parish and precinct of St. Catherine, and to let and hire such apartmeBft^ as may not interfere with such pur poses, 58 G. 3, c. 17, s. 1-7, 10. PUBLIC HOSPITAL. fiQI The Conrt Honse in St. Jago de la Vega, (part of the above) shall bo under the control and under the Bupervieion of the Gustos, 2/ V., S. 1, 0.7,8.29. ... The Board of Works were also empowered to erect Buildings upon a i-«na acUoinine piece of land adjoining the King's House ; for the use of the Nee-roes at- '^ ' ° tached, 58 G. 3, c. 26. The powers of the Board of Works were transferred to the Governor, EMcutive com and Executive Committee. 17 V., c. 29. s. 22, 87. '"'*'°' Pnblic and Parochial Building's repairs. The Governor and Executive Committee may, if they approve of the .".smJJboarswn" reason for the delay, when required by the Justices and Vestry, draw the Lii invested atin stuns set down for repairs of Churches and Chapels in the annual ">™>' """ii " up arriving at any port, shall pay 6d. (currency) per ton registered burden ; of K'cted by the those trading between the Tropics at the rate of 3d. (currency) per ton. — couector, &c. of Sugar droghers and coasting vessels, at the rale of 2b. (currency) per ton, ^^'"^""I'l.fi'^' " once a year, 46 G. 3, c. 28, s. 1. Tonnage Uutie's ^ For the use of sick or disabled seamen, and transient poor, 46 G. 3, f'c. 28, s. 3. J The Commissioners of the Pnblic Hospital were empowered to pur- EniarBement j chase adjoining lauds, and to enclose a part of Upper West Street, runniag through the centre of the Hospital lands, for its enlargment, 9 V.. c. 18, s. 4-7. The Hospital shall be under the supeiintendence of a Board of visitors. Board of visitors ' consisting of the Mayor, the Gustos, and Membero of Assembly for Kingston for the tune, thb Agent-General of Immigration, the Eector of Kingston, the principal Medical Officers of the Army and Navy, stationed in the Is- Isuid severally for the time, and 6 other persons resident m or near to ' Kingston, to be nominated by the Governor, and removable at his pleasure, of whom two shall be Merchants, and 2 others ^uahlied Medical .men.— No Member shall have or receive anv pecuniai-y interest dii'ect or indirect in any contract entered into for or any suppUes furnished to the institution, but any Member who shall be in any way bo interested, sfeill ipso facto cea«e to be a Member of the Board. 5 members shall be sufficient to form » t"""™ a Board for the transaction of business, 26 V, S, 1, c. 4, i. 1. 4d see G02 Quar t e r 1 y or other m e e tings — powers and duties Visitors' Boolt Copies of entries to be forwarded |to QoTemor Board may ad intnister oaths, &c Tnspeotor and Director Sfltary— Duties Rules to be ex hibited and read, ILC. Annual reports for Legislature Cliaplain Salary PUBLIC HOSPITAL, The Board shall meet once a quarter, or oftener if requisite, at the Hospital, and inspect and examine the books and accounts, inspect the wards, cells, stores and every other |)lace, and the liquors and provisions, and medicines in store, if they think fit; receive and investigate any com- plaints by, or against any officer, servant, patient or inmate, and if they think necessary, report thereon to the Governor, and draw up andtrans- mitto him such other reports and returns as they deem necessary, or which the Governor may call for, in respect of any matter relating to the Institution. Any member may call at, and inspect the Hospital, or any portion, at any hour, and see and examine any officer, servant, nurse or inmate. The Hoard of Visitors shall, as soon as practicable, draw up rules for their own guidance, to be submitted to the Governor in Execu- tive Committee foriheir approval, and shall have power to suggest altera- tions, amendments and additions to such, as also to all other rules of the Institution as they may from time to time think necessary, forpresenta- tion by the Inspector for the consideration of the Governor in Executive Committee, 26 V., S. 1, c. 4, s. 2. The Board shall, at a general meeting to be held annually, on a day to be appointed by them, elect a Chairman to preside over all meetings at which ne is present ;' but in case of his absence, the members present may appoint a Chairman pro tempore, 26 V., S. 1, c. 4, s. 3. A Visitor's book shall be kept at the Institution, in which every member who visits the Institution shall enterthe day andhour he visited, with any remarks respecting any matters connected with the manage- ment or regulation ; a copy of all which entries shall be forwarded weekly to the Governor, by the Clerk, 26 V., S. 1, c. 4, s. 4. The Board may administer an oath or affirmation to any officer or in- mate, when they think fit to institute enquiry on oath, &c., into any complaint. WiltuUy giving false evidence, shaU be deemed perjury ; and procuring or instigating talse evidence, subornation of perjury, and be punishable as such, 26 v., S. 1, c. 4, s. 5. The Governor may appoint, and at pleasure remove, an Inspector and Director, (who shall also be Inspector and Director of the New Lunatic Asylum) at a salary not exceeding £400, whose duty it shall be particu- cularly to receive, examine and certify the accounts, and direct and su- perintend the financial and general management of both Institutions. He shall also be charged with such fm'ther duties and functions, and subject to the rules instituted and approved of by the Governor in Executive Com- mittee, and shall, in conjunction with the Consulting Physician or Surgeon, and the Ordinary Medical Officers, draw up, alter or amend rules, '[subject to the approval of the Governor in Executive Committee) for the govern- ment and guidance of the patients, officers, servants and inmates, and for enforcing cleanliness, temperance, and decent and orderly behaviour throughout the Institution, and among the attendants and persons visiting it. All rules so approved, shall be minted and hung up in a conspicuous part of each ward, and be read aloud publicly by tlie Clerk, in the pre- sence of the Inspector, officers, attendants and servants once a month, and copies thereof shall be subscribed by the officers, attendants and servants, or such as may be required to do so. Such as it may be deemed expedient ti^i give general publicity to, may also be published in the " Gazette" or other newspaper, under the direction of the Governor in Executive Committee, 26 v., S. 1, 0. 4, B. 6. The Inspector shall annually prepare and make up, and forward in triplicate, a report to the Governor, to be laid before the Legislature, of the state of the Institution to 30th September, ^s also of the expenditure and contract prices lor the past year, the original of which before being copied, shall be submitted to the Board of Visitors, with the draft reports of the Medical Officers and Chaplain, as after provided, both of which the Inspector shall have copied in triplicate, to be forwarded for presentation, 2~6t., S. l,c.4,e.7. The Governor may appoint, and at pleasure remove, a Clergyman of the Church of England, duly ordained, to be the Chaplain, at a salary not exceeding £60 ; but not to prejudice the rights of Ministers ol other reli- gious denominations from visiting under such rules as shall be made. It shall be his duty to solemnize pivine Service at the Institution every Sim- day, and on other convenient days of the week, and to visit the sick, admi- PUBLIC HOSPITAL, fl03 ulster the Saoi-ameut, aud aff'ord i-eligiouei consolation to tlio inmates. He Annual jopoit shall unnuaJly, as soon after aoth September as possible, famish the Inspect- or with a draft report as to the condition of the inmates during the past year, which after being laid before the Visitors, shall, when copied in tri- plicate, be forwarded by the Inspector to the Goveraor, 26 V.. S. I, c. 4, s. 8. The Goveraor may also, when he thinks fit, appoint and at plea- .icFanTor'sSreSSj, Bare revoke the appomment of one or more consalting Physicians, or con- sultiug Physicians or Sui-geons, the appointment to be honorary merely, and without emolament, and they shall be ex officio Members of the Board. 26 V. S. 1, c. 4, s. 9. ' Also to appoint, and at pleasure remove not exceeding 3 ordinary Medi- '. nS'"'"'^ *'°*' cal Officers, at salaries, not exceeding in the whole £360, among whom °™™" the wards and patients shall be divided as equally as practicable, one of Betiromont whom shall retire annually from office, ores may be arranged bv rules to be made, 26 V. S. 1, c. 4, s. 10. They shall visit the Institution daily, or aa often as they think needful and ihoU' DuUo. proper, and be responsible for the Medicsu or Surgical or Medical and Surgical careandtreatmentof the patients in their respective wards, but shall not be ""y onsngo lu debarred from engagingin private practice ; they shall superintend and direct '"■'™'= p™'"™ the resident Medical Officers to prepare the usual scales of dietar v for the Institution, and see that the vaiioug registers, tables, and the " Medical Journals and Case books of their wards are faithfully kept, and regularly written up, and the annual report prepared, (s. 7-13,) 26 \. S. l,c. 4, s. 11. The Governor may also appoint from among duly qualified Medical Rosiaent Medical Practitioners, and at pleasure remove 2 or more resident Medical or Surgi- °"°°''' cal Officers at such salai-ies as the Governor, with the advice of the Exe- cutive Committee apportions, so that the whole cost does not exceed £600 per annum, to include Board, washing aud servants. One to retire after 2 yeara service, or as the rules shall determine. During their continuance in Not to ongnge in office, they shall not engage in private practice, but shall devote their eu- P''™te piaouco tire time and attention to the interest oi the Institution. 2 at least, shall re- side within the Institution, and implicitly observe the rules for their guid- ance aud the directions of the ordinary medical attendants' in their wards, «6V. 8.1,c.4, s, 12. One of the resident Medical Officers shall, in addition to his general One to bo Modicai duties, be also the Medical registrar, and he shall draw up and keep such "'Ki'''"' statistical and other notes and tables as may be determinedTon by the ordi- nary Medical Officers, and shall under their direction prepaie a draft report annually, to 30th September, which, as soon after as possible, shall be sub- mitted to the Board, and then being prepared in triplicate, forwarded by the Inspector to the Governor, (s. 7, 11,) 26 V. S. 1, c. 4, s. 13. The resident Medical Officers shall write up with the least possible de- .T» ""'o np « lay all registers, tables and books, which shall be open to the inspection of *"'°"' ''o°i ^^^ materials for domestic or personal clothing which may be imported from trioted^for after ad- the United Kingdom or elsewhere, with the sanction of the Governor in vertisemont by ten- Executive Committee, without previous competition) shall- be contracted •^^"^ for or purchased for the Institution, until after advertisements for the supply have been duly published in the " Gazette" or other newspaper, by order of the Governor in Executive Committee calling for tenders audwho shall accept Contracti and so- the most advantageous All contracts and securities for the performance f ie"utfv«°Commit-' thereof, shall be entered into with the Executive Committee on behalf of the toe fti'rnomorB than public, and 110 contract shall endure longer than one year. In casegj of one year emergency, but not Otherwise, the Inspector may make contracts for, or In emergen! y older Supplies immediately required, not exceeding £20 at any one time, 26 v., S. 1, c. 4, B. 23. Hospital to be flt- The Hospital shall be fitted to contain 200 beds at least, subject at all tod for -200 beds at times to the discretion of the Medical Staff, and the wards shall be- appor- be'wotn''the"'S* tioiied between the two sexes as they recommend. A separate portion of A separate por the building, and separate wards, shall be set apart and appropriated.,for Hon for seamen the reception of seamen, 26 V., S. 1, c. 4, s. 24. Patients— In door The patients shall be divided into two classes. In-door patieats to and out door ^^ admitted within the wards, and out-door patients receiving advice and medicines on application, at such times and on such conditions as are after mentioned, and subject to the rules, 26 V., S. 1, c. 4, s. 25. Applicants a s Applicants for admksion as in-patients will he received daily by the in patients Ordinary Medical Officers at such hours as may be decided on ; but all cases of accident or emergency, at any time of ihe day or night, by the resident MedicalOfficer on dutv, aii V., S. I, c. 4, s.26. PUBLIC HOSPITAL, 605 The reBident Medical Officer shall daily at the boura fixed ou, examine iieaioai «a » lo. aud prescribe for, if necessary, which prescriptions the Dispenser shall ^ " •> prescriptions make up and dispense to all such poor and destitute persons as apply, aud dMtitate ""^ "°* bringa ticket of recommeadation from the Mayor or Custos of Kingston, „ ^ or such other persons as the Governor in ExeonHve Committee may no- tion° "°'"°""'°"'^" minate and appoint to grant such tickets, provid <\ they be confined to persons unable from poverty to obtain Medict;! aid ; such oflicer keeping To bo incinaoa in a record of all such cases, to be included in the annual report. The Go "■"""i report vemoriu Executive Committee may employ the Parochial Medical Of- Whon parochial ficers of Kingston to attend at their homes all such sick and destitute pei- Meaioai Offlcers aro sons as are unal le to attend peraonally at the Hospital for advice, who shall t°eiii. i" ,^16"^ obtain a written recommendation to this efiect, addressed to the Paro- "PP'y "' Hospital ohial Medical OfSeer of the district, from any Ordinary or resident Me- dical Officer of the Hospital. Such recommendation only to be given to persons on the Pauper hst, or to be accompanied by a certificate by the party recommending that the individual is Dona fide incapable of pro- curing and paying for such Medical attendance. The persons recommend- ing, snaU do so according to rules to be issued to them under direction of the Governor and Executive Committee ; and the Parochial Medical Officers may forward all their presricptions for the poor to be dispensed . ''J' pfosoriptionB at the Hospilal, and shall keep an accouut of all cases treated by them, tto HofpitaT"^ "' and make a quarterly return to the Inspector, stating the particulars and Quarterly retamn result of treatment in each case, 26 V., S. 1, c. 4, a. 27. to the inspector No seaman, hired, articled or apprenticed to any vessel, and no per- Ko soiman or son indentured or apprenticed to any estate or person, immigrant or per- "J^r p^'"" *° he son whatever, shall be admitted, except on occasion of serious accident or em"r"encyr^thou° other extreme emergency, until the owner or consignee of the vessel, the « letter of'^aran proprietor or agent of the estate, or master or employer has given a letter "" of guarantee to the Inspector, undertaking to the extent of £20 for pay- ment of the Hospital dues at the rate of Is. 6d. per diem for Medical at- tendance, medicines and maintenance, and for payment also of his funeral expenses in case of his death, (except in case of immigrants, when the immigrants charge per diem to the employer shall not exceed Is., and no employer of immigrants shall be subject to any dues, nuless the immigrant is sent or taken by ibis direction or assent, 27 V., S. 3, c. 5, s. 13.1 The owner or consignee of any vessel may limit his liability, under the Limitation of letter of guarantee, to the period of her sailing, on giving two days guarantee in case notice in writing to the Inspector, prior to her departure ; and in case of 3™^°° "" '" notice, and the sick seaman being left in the Hospital after the vessel's departm-e, the Inspector shall ascertain from the Shipping Master (being an Officer of the Customs) whether any of the seaman's effects have been deposited in his charge, and if so, arrange with him for payment of the balance of dues and expenses incurred, 26 V., S. 1 , c. 4, g. 28 ; 27 V., S. 2, c. 5, s. 13. But not to prevent the admission of a sick seaman without employ vot to prevent ment, or other sick person in destitute circumstances, and unable other- aamtssion of sea- wise to obtain Medical or Surgical aid and support. But in case any OT^aestitnte parsons seaman was put on shore, and did not desert, or any other person ad- mitted was indentured or apprenticed to any plantnio'n or person, and did not discharge himself or abscond, and where it appears that the master of a vessel, or the master or employer of any seaman or other person so when in su oh admitted, sought to evade payment ofthe Hospital dues and funeral ex- "SgnoJ^""? em'- peuses, or either, the owner or consignee, or employer or master, or his pioyers are Unhio agent shall be liable for the dues and expenses, as' fully as if the sea- Jej ox"on°os'' '"''°' man, or indentured or apprenticed person had been sent under direct gua- ''peusos rantee,96 V., S. 1, c. 4, s. 29. When policemen are sent, suffering from accident or disease, as in-pa- Police aamittea tients, the Inspector on admission of the patient, may enter into an ar- »'-'° p"'"""" rangement with the Inspector of Police of the parish for payment of one half of his daily pay, while he continues, a patient, in tuU for Hospital dues ; but not to include any expense for bringing or sending back the patient, or for burial, 26 V., S. 1 , 0. 4 , s. 30. To prevent persons coming up to Kingston, who are inadmissible, the ,io^"'i°'i„5oti''on'i'.''' Inspector in conjunction with the Consulting Physician, or Surgeon and Ormnary Medical men, shall draw up, or alter, or add such rules as are ap- proved by the Govenior as aforesaid, regulating the admission of in-patients from the distant parishes, and which shall be published and proclaimed as To he pubushoa 606 PCBLie HOSPITAL. widely as ^osBible,iu each parish as the Governor in Executive Committee may determine, 26 v., S. 1, c. 4, s. 31. senftoBBthor^i^ Whenever it appears to the Ordinary Medical Officer, that patients la- Hiver boring under severe rheumatic and other chronic diseases, would be bene- fitted by the use of the baths of St. Thomas the Apostle, or of Milk River, and any inmate is a fit subject for either establishment, he shall certify the same to the Inspector, who shall thereupon have power to direct the re- moval of the patient thereto, and defray all necessary expenses attendant ij assist, if able, on his removal and maintenance thereto and return if necessary. The In- to defray eipenses gpeptor shall satisfy himself that the patient is unable either in part, or in whole to defray such expenses himself, or with the assistance of his rela- tions or friends, 26 V., S. 1, c.4, s. 32. Mi to dosiituto The Inspector upon the discharge of any destitute patient, may furnish Somo' ' ° " ""■ him with means to support himself until he can return to his home or friends, notexceeding Is. per diem, or 10s. in the whole, 26 V., S. 1, c. 4, s. 33. Parveyot to take If any patient at the time of admission is possessed of any property, it SfS^ente,''ana'e2'- staU be taken charge of by the Purveyor or Steward, and fall particulars tcr same to be at- entered in a book, the entiy to be attested by a Resident Medical OfEcer. Moafiayoffic'er'''"'' Such property, or a sufficient portion ^hall be liable for the medical atten- To bo liable for dance, medicine and snppoi't, at Is. 6d. per day, of the patient and his fuue- duoB and expenses pal expenses, and may be sold by the Inspector to defray the same. Any re- maining property and surplus sale moneys shall be deliveied up and paid over to the patient on his discharge, or in case of his death to the parties le- gally entitled thereto upon application, 26 V. S. 1, c. 4, R. 34. Enforcement of jf jj appears to two Justices that any patient has any estate applicable eipSsos'out'oVe"- to his maintenance, and more than sufflcient to maintain his family, they tato of patient may, ou application of the Inspector, make an order in writing under their hands and seals to his nearest Known relative or friend for payment of the Hospital dues and funeral expenses, or either, incurred by, or on his ac- count, and if not paid within one month after a copy of the order .has been left with, or at tne residence or last place of residence of such relative or friend, they or any other Justices may, by an order under their haiids and seals, direct any Collector of Petty Debts, or other person to seize so much of the money, and to seize and sell so much of the goods and chattels, and take and receive so much of the rents and profits of the lands and tene- ments of the patient, and of any other income of such patient as are neces- sary to pay the dues and expenses, or either, accoQutingfor the same to the same or any other Justices, such dues and expenses, or either having been first proved to their satisfaction by the certificate of the Inspector or other- Payments over by wise, as they may require, and the amount se' forth in the order ; and if any SroDerir^'dUcha^ trustee Or other person having the possession, custody, or charge of any pro- les perty of such patient, or if any company or body, or person having any stock, interest, dividend, or annuity belonging or due to him, pay the whole or any part to defray the amount set forth in such order, the receipt of the Collector or person directed to receive same, shall be a good discharge 26 V., S.l,c. 4, s. 35. Bocovery ot All Moneys owing by, or on account of patients or for their funeral ex- option 1 To be paid to the And when received for the Institution, shall be paid over to the Be- Recoiver General ceiver-General to its credit, and be held applicable to its expenses, under warrant of the Governor, 26 V., S. 1, c. 4, s. 37. Short Title The Public Hospital Act, 1862, 26 V., S. 1, o. 4, s. 38. SCHEDULE. Notice of death 6f 1 hereby give vou hotice that pauper (or a private) patients, s. 16 patient, admitted in this Hospital on the day of (or out-door patient as the case may be, under treatment at this Hoe pital, and residing at ) died therein (or at ) in the presence of on the d^ of Clerk of the Public Hospital. Dated the day of 18 QUARANTINE. ggiy I hereby certify that the apparent cause of death of the said as ascertained by post mortem examination (If so) was Resident Medical Officer of the Public Hospital. Public Officers' Sureties. No Member of the Connoil or Assembly, or officer accountable to the See Eaiop6»nA8. PuWic, shall be accepted as Surety of any other Public Officer, 3 W, 4 c. 31. I?'^?? society, 27 Quarantine. AU vessels coming from, or haying touched at any place from whence VmmIs, boat, the Governor, with the advice of the Pnvy Council, has adjudged and de- P""on«, goods, &c. dared it pi-obable that any infectious disease or distemper highly dangerous "••>•» •oi""™""'"' to the health of Her Majesty's subjects may be brought, and all vessels and boats receiving any persons, goods, packets, packages, baggage, wearing ap- parel, books, letters or other article from any vessel coming from, or having touched at such infected place, whetlier they have coiie or been brought in such vessels, or have gone or been put on board the same, either before or after the arrival of such vessels, and whether they were or were not bound to any place in this Island, and all persons, goods and other articles on board of any such vessels so coming, &c., or on board any such receiving vessels or boats shall be liable to Quarantine within this Act ; and any orders of the Governor and Privy Council conceVuing Quarantine and the prevention of mfection fi-om the- hme of the departure of the vessel from such infected place, or from the tiu.c when such persons, goods or other articles have been received on board ; auJ all such vessels and boats, and all persons, as well pii„,,, una Eilots as others, goods auvi other articles on board such receiving vessel or moiuaea oat shall, upon then- arrival, be obliged to perform Quarantine in such place, time and manner as shall from time to time be directed by the Governor and Privy Council; and until they have performed and are duly discharged from Qnarantiae, no person, goods or other articles shall, either before or after the arrival of such vessels or boats, come or be brought on shore, or go or be put on board any other vessel or boat, in order to come or be brought on shore, although the vessels so coming from such infected place may not be bound to any port here, unless as shall be directed or permitted by the or- ders of the Governor and Privy Council ; and all vessels and boats, whether coming from such infected place, or being otherwise liable to Quarantine, and all persons as well pilots as others, goods and articles whether coming tii^rovfSoiw '&° or brought in such vessels or boats, or going or being put on board either of the Act ondVa- before or after arrival, and although not bound to any port here, and all rantine oriiera commanders, masters or others having the charge or command of any vessels or boats coming from any infected place, or otherwise liable to Quarantine, shall be subject to all provisions, rules, regulations and restrictions in this Act, or on any order of the Governor and Privy Council concerning Qua- rantine, and the prevention of infection, and to all penalties and punish- ments for breach or disobedience thereof, or of any order, 4 V., c. 32, s. 2. All goods and merchandize particularly specified in any orders brought Goods particular- or imjiorted from any other country or place, in any vessel, and the vessels 'vMs'o^s'errtTinB ui? in which they are brought, and all vessels arriving from any place under der suspicious cir- any alarming or suspicious circumstances as to infection, shall be subject to cumstanoea such regulations and restrictions as shall be made by •.he orders of the Go- vernor and Privy Council, 4 V., c, .32, s. 3. The Governor, of his sole authority, may make such orders as he sees The Governor expedient upon any unforeseen emergency, or in any particular case, with 5onerai°raeremw respect to any vessels arriving, having any infectious disease or distemper although the le?«d on board, or on board of which any may have appeared in the course of the *"> '"><■ .°?^'°3 voyage, flr arriving under any other alarming or suspicious circumstances as pioSi °" '" to infection, although they have not come from any place irom which the Governor, &c. have adjudged and declared it probable any infectious j^^^ ,„ ^^^^^ „, disease, &c. may be brought, and also with respect of the persons goods and infectious diseases arti(^es on board ; and in case of any infectious disease or distemper appear- ™ '"„ iJ'ti"''' °^ ing or breaking out in this Island, may make orders and give directions, in ■> " on order to cut off all communications between any persons infected, and the rest of H. M's. subjects, as appear to the Governor expedient ; likewise to make orders for shortening the time of Quarantine to be performed by par- 6 08 QUARANTIKE. ticular vesBels, or personB, goods or articles, or for absolutely or condition- ally releasing them from Quarantine ; which shall be as valid and effectual as well with respect to the master, &.c. and all other persons on board as Aiw jhorton ot ^jth respect to any havipg any intercourse or communication with them , anSn°e° °™ ''" ' and to penalties, as any made with the advice of the Privy Council, 4 V., c. 32, B. 4. signals to be The Gcovernor with advice, &c. may, make rules and orders requir- ^ai°infeMiou»"i' ™§ masterSj &c. of vessels, liable to Quarantine or on board whereof any •eaiei, &o. infectious disease, &c. actually is, to hoist such signals of such description, and while within such distance from the coasts as therein directed, and under such penalties and punishments as therein specified. Any commander &c. having charge of any vessel, and knowing it is not liable to Quaran- tine, hoisting any such signal, shall forfeit JiSO stg., 4 V., c. 32, s. 5. MaateM to Bi^e When any country or place is known or suspected to be infected, or quistionlT/Honith when any order is made concerning Quarantine or the prevention of infec- Officer, his Assis- tioii, as often as any vessela^tempts to enter any poi't, &c., whether appointed Bouse oocm-"""' for performance of Quarantine or not, the Health OlEcerorhis assistant or person authorized or appointed by the Governor, or if not, the principal ofiicer of the Customs, or other such ofEoer authorized to act, shall go oii to the vessel, and at a convenient distaace demand of the commander, &c., and he shall give a true answer, in writing or otherwise, and upon oath or not as he shall be, by the Health OlBcer, &c., required, to all questions put Penaityfovrefns- '" ''™ ^Z '^"'tae of the regulations of the Governor, &c. It the master, &c, ing or giving false upon sucn demand refuse to make a true discovery in any of the particulai's answers concerning which he is interrogated, or if no5 required to answer upon oath, gives afalse answer to any question or interrogatory, lie shall forteit ijUiO sterling, 4 V., c. 32, s. 6. Vessel liable to If it appears upon such examination or otherwise, that the vessel is obi°gea"°to°reoiar "uder such circumstances as render it liable to perform Quarantine, and the to quarantine port where it 18 arrived or attempts to enter, is not one where it ought ground jq perform Quarantine, the olBcers of any of H. M's. vessels or forts and all other H. M's. officers, upon notice to them and any others they call to their assistance, shall oblige the vessel to repair to the place appointed for Quarantine, and use all necessary means for that purpose, by firing guns or any other force. In case the vessel comes from or has touched at Master not dis- any infected place, and the commander, &c. knowing so, or that some person hSiSe'aSnSii'^- "" board is actually infected, refuses or omits to disclose the same upon ex- bie to ponaS '"" amination, or wilfully omits to hoist the signal to denote that his vesbel is liable to Quarantine, he shall forfeit £200 sterling, 4 V., c. 32, e. 7. h''^°i h Offl ' ""& ° Every master, &c., of any vessel ordered to perform Quarantine, shall hit" bill of°heaithi forthwith, after arrival at the appointed place, deliver to the Health Officer, manifest, Logbook &c., and who Is required to demand his bill of health and manifest, with and Journal j,ig j^g i,^^^ a^J journal : Penalty, £100 sterling, 4 V., c. 32, s. 8. Fenaitji on mas- If any master, &c., of any vessel liable to perform Quarantine, on ter permitting sea- board of wMch any infectious disease, &c., has not then appeared, himself M°quit'ehip''°°^'"° quit Or knowingly permit or suffer any seaman or passenger coming in the vessel to quit by going on shore, or on board any other vessel or boat, be- fore Quarantine is fully performed unless by license under any order to be made, or shall not, within a convenient time, after due notice given for the purpose, cause the vessel and lading to be conveyed into the place ap- o- "lot othe 8 pointed to perform Quarantine, he shallforfeit £300 sterling. If any person qnitti'ng it ' ' comiug in any vessel liable to Quarantine, or pilot or other person going on board, either before or after her arrival, shall, either before or after arrival, quit the vessel, unless by license, bv going on shore, or on board any other vessel or boat, with intent to go on shore before the vessel ia regii- lai'ly discharged, any person may, by any kind of necessary force, compel him to return on board, and he shall suffer imprisonment not exceeding 6 months, and forfeit £200, 4 V., c. 32, s. 9. Such persons All poiSons liable to perform Quarantine, and others having bad any in- quarantine°offio'er tercoursc or communication with them, whether in vessels, in a lazaret or elsewhere, shall be subject, during the Quarantine or duiing the time they are liable to Quarantine, to such orders as they receive from the Powers to enforce Health Officer, &c., who are empowered and required to enforce all ne- ° ™°' cessary obedience, and in case of necessity, to call in others to their as- sistance, and the persons called in shall assist accordingly ; and such officers pr persons shall compel all persons liable to perform Quarantine, and persons QUARANTINE, QQQ having had interconree, &c. with them, to repair to snoh lazaret, vessel op place, and to cause all goods and articles compneed within any orders respect- ing Quarantine, to be conveyed to such lazaret, vessel, or place doly ap- pointed in the manner and according to the directions made by any order. Persons wilfully refusing or neglecting to repair forthwith to thelazai'et, &o., Penaitios of iiit- or CBcaping or attempting to escape thereout before Quarantine duly per- °'"'<"''""° formed, may be compelled by the Quarantine Officers and watchmen, and other persons appointed to see Quarantine performed, by such necessary force as the case requires, to repair or return thereto; and the person re- fusing or neglecting, or actually escaping, shall forfeit JElOOstg. 4V., c. 33, s. 10. Any peace officer or other person may seize and apprehend any person Poaoo omoets or who, contrary to this Act, has quitted or comes on shore from any vessel ^ aeSs'osSm liable to Qnaiantine, or has escaped from or quitted any vessel under Qua- """ rantine, or lazaret, &o., for the purpose of carrying him before a Justice, and Ana carry them any Justice may grant his warrant for the apprehending and convey- ijoforo a Jusiioo ing any such person to the vessel from which he came on shore, or to any tiMs'"" ° " vessel performing Quarantine, or lazaret from wliich he escaped, or for con- fining him in any such place of safe custody, (not being a public goal) and under such restrictions as to having communication with others as in the discretion of a Justice, (calling to his aid, if he see fit, any medical per- son) appears proper, until he can be safely conveyed to a place appointed for the performance of Quarantine, or directions can be obtained from tlie Governor as to his disposal, and to make any further order, or grant any further warrant that may be necessary, 4 V., c. 32, s. 11. The Grovemor, with advice, &c., may issue his order, prohibiting all otoj''''',v|?°in''°iu persons, vessels and boats from going, under any pretence, within thehmits m°t» of qnnnmiine of any station assigned for the performance ®f Quarantine : Penalty for station going with any vessel or boat within the hmits, £100 stg. 4 V., c. 32, s. 12. If any officer or person to whom it appertains to execute any order con- Embezzlomentby ceming Quarantine or tlie prevention of infection, or to see the same put in om'cera, ^&n.," of execution, Imowingly and wilfully embezzle any goods or articles perform- Boil's performing ing Quarantine, he shall forfeit his office, and become incapable to hold same, 1""''""'°° or take a new grant thereof, and forfeit £100 sterling. If any such officer officers ac.per- or person desert from his duty Tvhen employed, or knowingly or willingly mittin^ persons or peimit any person, vessels, goods or merchandize to depart, or be conveyed bHlikm away"" °' out of the lazaret, vessel or other place, unless by permission under an order of the Governor, or if any person authorized and directed to give a certifi- Giving false cor- cate of a vessel having duly performed Quarantine or airing, knowingly tificato of perform give a false certificate, he shall be guilty of a misdemeanor. If he wilfully ""Dama^Ug's'i'MK or knowingly damage any goods performing any Quarantine under his direc- tion, be shall be liable to pay £100 sterling damages and full costs to the owner, over and above the value of the goods damaged, 4 V., c. 32, s. 13. After Quarantine has been duly performed, and upon proof, on the oath Discharge from of the master, &c., of the vessel, and of 3 or more persons belonging thereto, in"'""'""' before the Collector, &c., of the port where Quarantine is performed or nearest thereto, or before the Health Officer or his assistant, or a Justice living near, that the vessel and persons have duly performed Quarantine, and 8ie vessel and all persons are free of infection ; and after producing a certificate to that purpose, signed by the Health Officer or person acting for him, such Collector or principal officer of Customs, or the Health Officer or his assistant, or Justice shall give a certificate thereof, and the vessel and persons shall be liable to no further restraint or detention on that account, 4 v., c. 32, s. 14. All goods and articles liable to Quarantine shall be opened and Discharge of goods aired in the places, time and manner directed by the Governor with advice, ■S'c &,c and after they are complied with, proof shall be made by the oaths of theinaster of the lazatet or vessel in which they have been opened and aired and one of the guardians, or if there be one, then one of the officers antho'rized by the Customs to act in the service of Quarantine m the lazaret or vessel or 'if there be no such officer, then of 2 or more witnesses serving there before the Health Officer or his assistant, in case the opening or airing is had at a place where he is established; or otherwise, before the Officer of Customs authorized to act, which oath they are authorized to admi- nister and to grant a certificate of such proof having been made, upon m-oauctf"n of which to the proper Officer of Customs, the goods, and 610 QUAKANTINE. to no further restraint or detention, 4 V., Forging certificate &c , iniBdcmcanoi' Lnnding goods ov receiving tliom Secreting ^letters goods, &c. False Other articles shall be liable 0. 32. s. 15. Knowingly or wilfully forging or counterfeiting, interlining, erasing or altering, or procuring, &c., any certificate directed or required to bo granted by any order touching Quarantine, or publishing any such forged &c., certilicate, knowing it to be forged, &c., or knowingly or wilfully ut- tering and publishing any such certificate, with the intent to obtain the ef- fect of a true cei'tificate to be given thereto, knowing the contents to be false ; Misdemeanor, 4 V., c. 33, s. 10. Lauding or unshipping, or moving in order to the landing or unship- f)ing thereof any goods, packets, packages, baggage, wearing apparel, books, etters, or other articled from on board any vessel liable to Quarantine, or knowingly receiving them after they have been so lauded or unshipped : pe- nalty £300 sterling. Clandestinely conveying or secreting or concealing, for the purpose of conveying any letter, good.'^, or other articles from any vessel performing Qui'autine, or from the lazaret or place where they are per- forming Quarantine : penalty £100 sterling, 4 V., c. 32, e. 17. Where any examination or answer shall be taken or made upon oath, the person authorized to take the same, may administer such oatns. Any person wilfully swearing falsely, or procuring another to do so, shall be guilty of perjury, or subornation of perjury, and be liable to the penalties Siereof, 4 V., c. 32, s. 18. Appoinimente of Health Officers and their assistants, or other persons the Governor is oflicors empowered to appoint, may be appointed by any instrament signed by him ; and every thing required to be done by them, may in case of their absence or sickness be performed by the principal officer of the Customs ; to be authorized to act, 4 V., c. 32, s. 19. Published orders The publication in any newspaper (see Jamaica Gazette, 8 V., c. 46,) evLSlT'"""'""'" of any order of the Governor with or without the advice of the Privy Council, or of any proclamation, shall be sufficient notice to all persons and received as evidence of the making date, and contents, 4 V., c. 32, s. 20. BoooTory and up All forfeitures and penalties shall be recovered in the Supreme Court, piieatioii of penal- and be given two thirds to the informer, and one third to the Crown, for "°' the benefit of the public of this Island, 4 V., c. 32, b. 21. But no action or prosecution shall be commenced unless in the name of the Attorney -General, or under the direction of the Governor, and in the name of a person by him empowered, 4 V., c. 32, s. 22. And the Attorney General may stop proceedings as well with respect to the share of any person, as to that of the Crown, if upon consideration of the circumstanceB it appears to him fit , 4 V.; c. 32, s. 23. Offences for which no specific penalty, foifeitm'e or punishment is pro vided, may be tried before o Justices : penalty on conviction, not exceed- ing £100 sterling or imprisonment not exceeding 3 months ; such forfeiture, to be paid two thirus to the party suing, and the remainder to the Crown, to be applied as the proceeds of other forfeitures are before directed, 4 V., 0. 32, s. 24. In any prosecution, suitor proceeding, the answers of the Commander &c., of any vessel to any question or interrogatorv, shall be received as evi- dence so far as relate to the place from which tne vessel came, or those at which she touched in the course of the voyage ; and when a vessel has been directed to perform Quarantine by any person authorized, they having been so directed, shall be received as evidence that the vessel was liable to qua- rantine, unless satisfactory proof is produced by the defendant, that the ves- sel did not come fi">m, or touch at any such place as stated in the answera, or that the vessel although directed was not liable to perform quarantine. — And where a vessel has in fact been put under Quarantine by any person authorized to act, and shall (ictually be performing same, the vessel shall be deemed liable to Quarantine without proving in what manner, or under what circumstances she became so, 4 V. o. 32 s. 25. The defendant to any action for any thing done under this Act, or any order roay plead the general issue, and give the special matter in evidence, and if it appears to have been so done, the Jury shall find for the defendant. If the plaintiff be nonsuited or discontinue after appearance, or judgment Action to bo in name of the Attor- ney-General or of a person empower- ed by the Governor Attorney-General may stay proceed- ings OfTences for wliich no specific penalty provided to be tried before three Jus- tices Answers of com- mander to queS' lions to what ex- tent evidence in BUitS Direction to per- form quarantine Presumptive evi dencc of wiiut Also actual per formance to be evi denee of liability to quarantine Protection from actions EAILWAYS. is given upon any veidict, or upon demurrer against the plaintitt', the tions SCHEDULE. Kingston Montego Bay Falmouth Morant Bay and Port Morant Annotto Bay Savanna-la-Mar St. Ann's Bay Port Antonio Port Maria and Oracabessa Rio Bueno Lncea Old Harbour and Salt River Alligator Pond Black River Dry Harbour Green Island £500 Health OfflcersBa- 100 ■»''«■■ 100 60 .50 30 30 20 50 20 30 50 20 20 20 20 Railways. Conveyance of Mails. In all cases of Railways abeady or to be made, by which passengers or goods are conveyed, the Postmaster General or the deputy Postmaster General for this Island may, by notice in writing under his hand, deli- vered to the Company of Proprietors, require the mails or post letter lags, after a day to be named in the notice, not less than 28 days from delivery, to be conveyed and forwarded by the Company ou their Railway, either by the ordinaiy or special trains, at such hours or times in the day or night as he may direct, with the guards appointed by him in charge, and any other officer of the Post Office ; and thereupon the Company shall, after the day to be named, at their own costs, provide sufficient ^carriages and en- gines on such Railways for the conveyance thereof to his satisfaction, and receive, take up, carry and convey by such ordinary or special trains, or otherwise as need may be, all such mails or post letter bags as shall be tendered to them or any of their officers, servants or agents, by any of- ficer of the Post Office, and also receive and convey the guards in charge, and any other officers, and receive, take up, deliver and leave such mails or post letter bags, guards and officers at such places in the line of such Railway on such days and hours in the day or night, and subject to all such reasonable regulations and restrictions as to speed of travelling, places, times and duration of stoppages, and times of arrival, as the Post- master General or deputy for this Island shall from time to time order. The rate of speed shall in no case exceed the maximum rate prescribed by the Directors for the conveyance of passengers by their first-class trains; but no alteration in the rate of speed of any train by which the mails are con- vey ed, shall be made without 6 calendar months' notice to the Postmaster General, &c., 9 V,, c. 22, s, 1. After notice any Company shaU pro- vide carriages and convey and deliver mails, guards and olGcers of tho Tost Office,' subject to tile regulations of the Post Master Go neral Rate of speed 612 KAIL WAYS. tf required tho The Postmastei-General, &c., may if he sees fit, leqiiiie the whole of shaifije'ainiraprS ^^ iuside of any carriage to be exclusively appropriated for the purpose of ei carrying the mails, 9 v., c. 22, s. 2. te?'*"^"]' ""'" If he is at any time desirous of sending any of Her IMesty's mail send Hor°Majeity'8 Carriages or carts with the mails, gaards and officers, instead of sending cnrriagres tobe con them by cari'iages provided by the Company, they shall at his request, sig- trucksorf'ilmcs""' nifled by notice as aforesaid,canBe such mail oarriiiges &c. to bejconveyed by the usual tracks or frames, subject to such regulations or restrictions as before mentioned, 9 V. c. 22, s. 3. their" ^TSl "To Foi' "le greater security of the mails, the Company and their officers, comply with the Servants and agents shall ooey and perform all such reasonable regulations, lion's """'^ '"^"'''' respecting the conveyance, delivering and leavine of such mails, guards and officers of the Post Office mail carriages, &.O., on any such Eailwaysjor on the line thereof, as the Postmaster-General, &c., or such officer as he But no person in shall nominate in that behalf, shall in his discretion give or make ; but no E&ohfi'nttrfe"". offlcer Or servant of the Post Office shall interfere with, or give orders ed iTith to the Engineer or person having the charge of any engine upou any fiailway ; but if any cause of complaint arises, it shall be stated to the conductor oi other officer having the charge of the train, or to the chief officer at any station, and in case of any default or neglect on the part of any officers or servants of the Company to comply with any regulations, the Company shall be wholly responsible, 9 V., c. 22, s, 4. Komuneratiou fhe Company shall be entitled to such reasonable remuneration, to be paid by the Postmaster-General, &c., as shall either prior to, or after the commencement of such service be agreed iipon, or in case of difierence of opinion between them, then as shall be detei-mined by arbitration as after , provided, but so^that the services be not snspended, postponed or deferred by reason of such remuneration not having been fixed or agreed upon, or of the award not havng been then made, 9 V., c. 22, s. 5. Increase or dim- JJ'otwithstanding any agreement or award fixing the amount of remu- «iion°anad°«"maBos neration, the Postmaster-General, &c., may, by notice in writing, require, upon alteration of after a day to be named, not lees than 28 days from the delivery, any addi tiio service required ^[(,„ {q be made to the Services in respect of which such agreement was en- tered into or award made. In any such case, and also in case of a discon- tinuance of any part of such services as after provided, a fresh agreement shall be entered into, regulating the future amount of remuneration to be paid for such increased or diminished services as the case may be, or if the parties cannot agree upon the amount, it shall be referred to arbiti'atiou ; and such arbitrators may award any compensation they consider reasonable ( be paid to any Company for any loss that may be occasioned to them by the discontinuance or alteration of the services previouslv agreed to be performed, but so that the increased or diminished services shallnot be sus- pended, &c., by reason of the amount of the increased or diminished remune- ration not having been fixed or agreed upon or award made, 9 V., c. 2^". B. 6. If i>otormiuation of The Postmastei'-General, &c., may at any time give to any Com- sorvicesonnotiee pany, by writing under his hand, 6 calendar months' notice that their ser- vices, or any part thereof, shall cease and determine ; and at the expiration of the notice, the services or such part thereof, and the remuneration for the same shall determine, 9 V., c. 22, s. 7. Determination The Postmaster-Geueral, &o., may at anytime, by notice in writing, vitttout n°»°« under his hand, absolutely determine the services or any part thereof, vritn- out previous notice, or on giving any notice less than 6 calendar montlis. Compensation and thereupon they shall cease accordingly. In case he shall, without giv- ing 6 calendar months' notice, determine the services or any part without any cause, or for any cause other than the default by the Company in the performance of any of the services to be required of ,them, or the breach by them of any of their engagements, the Postmaster-General, &c., shall make them a full and fair compensation for all loss thereby occasioned, the amount whereof, in , case the parties differ, shall be ascertained by arbitration, 9 V., c. 22, 8. 8. Uoyai Arms to he On all Carriages !u be provided for the service of the Post-Office, there painted on such oar ^^,-^^^ ^j^ (jijg outside be painted the Royal Arms, in lieu of .the name of the "'^'" owner, and of tlie number of the cai'riage, and of all other requisites, if any, prescribed by law in respect of oai-riages passing on any sucn Uailway, but RAILWAYS. the wautof of the Eoyal Aims theveou shall not form au objection tu its ruuniug, 9 V., c. 22, s. 9. No Company shall make any bye-laws ov regulations which militate against, or are contrary or repnguaat to any of the enactments herein ; and any made, so far as they militate against them, &c., shall be absolutely void, 9 v., c. 22^ s. 10. If the Company or any of their officers, sevants or agents refuse or neg- lect to carry or convey any mails or post letter-bags when tendered to them by the Postmaster-General, &o., op any officer of the Post Office, or refuse to carry on their Railway, any mail carriages or carts, or to receive, take up, deliver and leave any such mails, mail guards, or other officers of the Post Office, mail carriages or mail carts, at such places at such times, on such days and subject to such regulations and restrictions as to speed of travel- ling, places, times and duration of stoppages as the Postmaster-General, &c. shall &om time to time reasonably du'ect or appoint as before provided, or shall not obey and perform all such regulations respecting the conveyance of the mails, and post letter bags, mail carriages or carts on any such Kail- ways as the Postmaster-General, &c., or such officer of the Post Office as he shall nominate shall make for the purposes aforesaid, the Company who, or whose officer, &c., shall so offend, sliall forfeit not exceeding £20, the payment of or liability to which penalty shall not lesson or affect the liability of the Company under any bond, 9 V., c. 22, s. 11. The Postmaster-General, &c., if he thinks fit, may requii'e the Com- pany to give security by bond to Her Majesty, conditioned to be void if the Company shall from time to time carry or convey or cause, &c., all such mailB or post letter bags, mail guards and other officers of the Post Office, mail carnages or mail carts in manner before mentioned, when required by the Postmaster-General, &c., or any officer of the Post Office duly autho- rized, and shall receivej take up, deliver and leave all such mails, &c., at such places, at such times, on such days, and subject to such regulations and restrictions as to speed of travelling, places, times and duration ot stoppages as before mentioned, and shall obey, observe and perform all such regulations respecting the same as the Postmaster-Gene- ml, &c., shall reasonably make, and shall well and truly do and perform and cause, &.C., all such other acts, matters and things as by this Act are i equired or directed to be done or performed by or on behalf of such Company, their officers, servants and agents. Such' bond to be taken in such sum and form as the Postmaster General, &c., shall think proper, and to be re- newed whenever forfeited, and also whenever the Post Master General, &c., requires the same to be renewed ; and if any Company, when so re- quired, refuse or neglect for one calendar month after delivery of a no- tice from the Post Master General, &c., to execute to Her Majesty such bond to the eifect and in manner aforesaid, or refuses or neglects to re- new such bond whenever required, the Company shall forteit £100 for every day during the period for which there shall be any refusal, &c. , after the expiration of the mouth, 9 V., c. 22, s. 12. AU notices by or on behalf of the Post Master General, &c., shall be considered as duly served on any Company, if given or delivered to any Director, or to the Secretary or Clerk of the Company, or left at any station 9 V , c. 22, 8. 13 When the Posmaster General, ifcc, and any Company are not able to agree on the amount of remuneration or compensation for services, it shaU be referred to the award of 2 persons, one to be named by the Post- master-General, &o., and the other by the Company, and if such 2 persons cannot agree, then to the umpirage of some third person, to be appointed by them previously to their entering upon the enquiry, and the award or um- pirage shall be conclusive, 9 V., c. 22, s. 14. After any contract or award has coutinned in operation 3 years, any Company who consider themselves agrieved by the terms of remuneration fixed may by notice under their common seal, require it to be referred to arbitrators' to determine whether any and what alteration ought to be made therein, and thereupon the arbritrators or umpire to be appointed as above shall proceed to enquire into the circumstances, and make their award therein as in tlie case ot an original agreement, but the services performed shall not be interrupted or impeded, 9 V. c. 22, s. 1-5. 613 ■ No byo-Iaws, &c. to bo repugnant bereto Rcfhfial to con r«y mails, &c. Not to affect tli« Company's liability under bond Security by boni Notietij Appointment of arbitrator! BeferoDco after 3 years, upon notice from Company 614 RAILWAYS. NomiiiB 11 n of In all reteronoes the Poatmaeter-Ueneral, &c. , or Company as the cane making "'dofauu'— may be, shall nominate his or their arbitrator within 14 days after notice timo within which from the Other party, or in default, the arbitrator appointed by the party awordtobomnde giving notice, may name the arbitrator, and such arbitrators shall proceed forthwith in the reference, and make their award within 28 days after their appointment, otherwise the matter shall be left to be determined by the umpire. If he refuse or neglect to proceed and make his award for 28 days; aftev the matter has been referred to him, a new umpire shall be appointed .vby the 2 iirst named arbitrators, who shall, in like manner, proceed, and make his award within 28 days, or in default be superseded, and so toties quoties, 9 V., c. 22, s. 16. Rooovory of pen- The penalties shall be recovered before 2 Justices, with such-costs as ' they think fit, and be levied by distress and sale of the CompaiNit" goods, 9 v., c. 22, s. 17. y Appropriation And disposed of, one moiety to the prosecutor, 9 V. , c. 22, ». 18. Complaint within And the Complaint must be made within one month after the commis- ihemonth gig„ of tj,e offence, 9 V., c. 22, s. 19. Conviction The couvictiou shall be according to the annexed JPorm, 9 V^,, c. 22, s. 20i. Want of form, &c. The proceedings shall not be quashed for want of Form, nor be re- moved by Certiorari, or otherwise, 9 V., c. 22, s. 21. Overpiu>:ot solos Any overplus, after satisfying the sum distrained for, and the expenses of distress and sale, shall be returned on demand to the Company, 9 V., c. 22, 8. 22. Appoai The Company may appeal, 9 V., c. 22, s. 23. Form of oonvic- Be it remembered that on the day of ''°° in the year of our Lord A. B. was' convicted before ns of Her Majesty's Justices of the Peace for the (hei'e describe the offence, and the time and place when and where committed) contrary to an Act passed in the 9th year of the reign of Her Majesty Queen Victoria, entitled an Act to provide for the conveyance of Mails by Railways now or hereafter to be constructed ia this Island. Given under our hands and seals the day and year first above written. CCNVEYANCE OF H. M'S. FoRCES, MlHTIA AND PoLIOE. BPonnity on Com- Whenever it is necessaiy to move any of the officers or soldiers of o'onvcy?hJm"to^h2 Her Majesty's Forces of the line. Ordnance Corps, Marines, Militia or oitent of its means the Police Force by any Kail way, the Directors shall, under a penalty of £20 for each neglect or omission, permit such Forces respectively, with their baggage, stores, arms, ammunition and other necessaries and things, to be conveyed at the usual hour of starting, to the extent of the means of conveyance at the disposal of the Company, at the prices and on the conditions after provided, on the production of a rowe or order for their conveyance, signed by the ; roper authorities, 9 V., c. 23, s. 1. I'M" AH Railway Companie? nmv or to be incorporated, or obtaining anyf »nios of distress and sale, shall be returned on demand to the Company, 9 V., c. 23, s. 8. The Company may appi 1, 9 V,, c. 23, s. 9. Appe»i Be it remembered that on thu day of in the tion""" ° °°°^ ° year of our Lord A.B. was convicted before us of Her Ma,jesty's Justices of the Peace for the (here des- cribe the offence, and the time and place when and where committed), contrary to an Act, passed in the ninth year of the reign of Her Majesty Qneen Victoria, eutituled " An Act for the conveyance of Troops and Police by Railways now or hereafter to be constructed in this Island. " Given under our hands and seals the day and year iirat above written. Receiver-G-eneral, His fees on Escheats Bonds, 10s. (6s. stg.), 31 G. 2, c. 18. ^•"" On receipts for moneys paid into the Court of Chancery to the credit of any cause, besides Stamp, 5s. (3a. stg.), and on paying out any money under an order, 5s. (3s. stg.), 4 G. 4, c. 21, s. 2. From the Ishrnd Secretary quarterly, for each Deed relating to land re- corded, 3s., 21 v., c. 34, s. 23, superseding 8 V. c. 16, s. 8. For Certificate on transfers of land of redemption of land tax, 3s., 21 V. u. 3, 8. 24. The fees under this Act, so long as his services are paid by a salary, and the contingencies of his office defrayed at the expense of the Island, shall be cai'ried to the credit of the Man Road Fund Aacouut, 21 V., c. 34, 8.36. Provision for Eeceiver-Genera^s salary, £1000 per annum ; foi- clerks J'S,' and contingencies of Receiver-General's and Audit oJhoes, i, chapter 4, section 20. In Treasnry Certificates ' ' Exoheqner Bills ' ' Island Ti-easury Notes , ' ' Colonial Bank Notes " Jamaica Bank Notes " Gold ' ' , Silver " Copper Total Particulars of the foregoing amount ; Customs' Deposits Accounts Immigration Act, 15 Vic, ch. 39 Immigration Guaranteed Loan under ditto Immigration Fund (under any other Act) FeiTy Road Highways and Bridges Cart Licenses Penitentiary Building Account Savings' Banks Deposits Curates' Fund Rectors' Fund Court of Chancery Insolvents' Deposits Vere District Schools Manchester ditto Morant Point Light House Plumb Point Light House Copyright Act Annotto Bay Junction Road Loan : Loan Tollage Tax to repay Valuation of Lands . Mand Cheques Exchequer Bills .... Police Reward Funds General Public Revenue as under : Import Duty Act... OuBtoms' Tonnage Act Transient Poor Law Tax Health Officers Public Taxes 1851, and previous years 1852 1853 1854 1855 1856 1857 (and any further year from time to time) / RECBIVER-GBNEKAL. Rum Duty Act ; Ditto Collecting Constables' Arrears Stamp Duty Act The Governor's proportion of seizures The Ordinary's Fees Quit Rent Docket Fees Fees to the Chief Justice Fees of Registrar of Coui't of Chancery . . . Fines, Forfeited Recognizances, &c Fees on Private Bills — Assembly Metal Licenses Quit Rent Tax Still Licenses Less Duties Refunded Net (carry out) Total Note. — If any new head of revenue or receipt should arise, it must be stated in a separate and particular item from time to time. Monthly return Statement of all Parochial Monevs in the Treasury on the of Par o o hi a 1 day of 18 " , agreeably to the 21st Victoria, chap. Moneys in Trea- 4 section 20. o j , r sury, B, s. 20 ' In Colonial Bank Notes " Jamaica Bank Notes " Gold " Silver " Copper Total Particulars of the foregoing amount of £ Loan, 18 Victoria, cliap. 60 Spirit License Act.. Fmes paid to Magistrates' Clerks Gunpowder Licenses Poundages Parish Tax on the rolls Parish Lands, &c. .... RECEIVER-GEKKRAIj, Proportion of the foregoing amount at credit of each undermentioned parish : Kingston Port Koyal Saint Andrew Saint Thomas in the East, Saint David Portland Saint George Metcalfe Saint Catherine Saint John Saint Dorothy Saint Thomas iu the Vale Clarendon Vere Manchester Saint Mai y Saint Ann Saint Elizabeth Westmoreland Hauover Saint James Trelawnv 621 Total Note — If any new head of revenue or receipt should arise, it must be stated iu a separate and [.articular item from time to time. QUARTKELY EETUI^^! (Quarterly Betura— C. s. 31.) A.Beturn of Revenue paid into the Public Treasury of Jamaica for the undermention- 6 g periods ended 18 CO Is ^00 doo ^oo +JQO •SB eg bS o . |.g§ s » > h *= ■» V , .3 4; 111 S B 9 i "Bis ; m Tt< IC CO t^ T3 c^'oD >'B § ixiooooQooo gi-i " aOO^ <» d *> "^ =+!•■+! fcH 03 ©■1 ■3 .a ^"S ^S ^t .9 « ftE fflO^ ■ ■« n §^^ * Ss" «— a -o" S » ^£ ■S « 2 ^S'ol ^^^^ as* s.Ss of* i S 1 9! 3 i -S -2 ^ « "^ Qizi^S St3 es EECEIVER-GENEKAL'S MONEYS THANSFBK. 623 Receiver-General's Moneys Transfer. The Governor may enter into airangemente with the Colonial Bank and Arriingement s Bank of Jamaica {both or either to the exclusion of the other, 24 V., c. 7), i""|?'^5f "\S® for lodging m those Banks all public, parochial and other moneys collect- Sochial! "and ed and gathered in or deposited with the Receiver-General, but such ar- deposit moneys of rangements shall not entail any expense on tlie public, 21 V., c. 39, s. 1. K e o e^er-Geue- The Bank or Banks with whom any such arrangement may be made, interest thereon shall be required to pay interest of not less that £3 per cent, per annum upon the daily cash balances at the credit of the accounts in their books, the ac- counts of which interest shall be made np and settled half-yearly, 24 V., c. 7. When such ari'angements are entered into, all moneys, bills, notes and Moneys to bo drafts required or authorized to be jjaid into the office of the Eeceiver-Gene- accordance wiS ral shall from time to time be paid into the hands of the Colonial Bank and arrang e m e n t s Bank of Jamaica (both or either, in accordance with such aiTaueements du- when entered into ring the continuance thereof , 24 V., c. 7), and placed to the credit of an ac- count to be opened in the books of the Bank, entitled " The Account Accounts to be of the public moneys of the Receiver-General" inserting the name in full ''P™™' A of the Keceiver-General for the time being, 21 V., c. 39, s, 2. The public and other moneys heretofore kept in the Eeceiver-General's office having been transferred to the Colonial Bank instead of the above ac- count, there shall be two accounts kept by the Bank or Banks, one to be mai'ked A and entitled as above, and the other to be marked B, and entitled " The Acconnt of the reserved Public Moneys of the Governor and Execu- tive Committee," inserting the names in lull of the Governor and the Exe- cutive Committee for the time being, 28 V., c. 20, s. 2. Not to aiiect the accounts heretofore kept under 21 V., u. 39, c. 2, 28 V., c. 20, 8. 3. All moneys, bills, notes and drafts from time to time paid, deposited or Moneys, &c. cat- carried to account by or in the names of the Governor an d Executive Com- Sfrrat^ibose 'mitte for the time bemg, shall be held by or for them, or in their names, in ofljcers for the respect of their offices tor the purpose of this Act ; and upon the death, re- time being moval or resignation of them or either of them, shall vest in and be held by or for them, or their or his successors, or successor in office, and without any act or deed to be done by them or either of them, from time to time re- signing or removed, their executors or administrators, or by any person, 28 v., c. 20, s. 4. Whenever at the hour of closing the Bank for business on any day, the Aooomt A to amount at the credit of account A exceeds £5000, the Manager of the Bank Se sum at cre^t shall transfer the excess to the credit of account B ; and upon every oo- shaU not at tlie casion on which such excess occurs, he shall make such transfer, and so keep dose of ^X day the two accounts as that the amount at the credit of account A shall not exceed £5000 on the closing of the Bank on any day, exceed £5000, 28 V., c. 20, s. 5. Whenever the amount at the credit of acconnt A is likely to prove in- When necessary sufficient to meet the demands on the Eeceiver-General, he shall apply to the tlie Governor and Governor and Executive Committee, who, upon being satisfied of the ue- Executive Com- eessity for doing so, shall direct the Bank to transfer from account B. to ac- tesmrfe?firom ac- count A. such an amouAt of money as appears necessary to meet such de- counts to account mands, and they shall give such directions as often as is shewn to be neces- a to m e e t de- sary, 28 V. c. 20, s. 6. ■"^■"^^ The Governor and Executive Committee t'all establish such mles and 0>ovemor and regulations as they think necessary for keepi.ig the accounts of the Re- mittee may es°S- ceiver General with the Banking Companies, and of such companies in re- Hsli legulations lation thereto ; and also for payment and appropriation of the moneys paid for keeping ao- iuto the Banks, and alter and revoke them, and make others in lien ; and tnay ^mt and appro'- also, if in their opinion it becomes necessary, suspend or discontinue the priation of mo- payment of the moneys into the Banks ; and the Receiver-General observing neys the reeulations, shall not be answerable for all moneys, bills, notes May suspend, or drafts, paid ir caused to be paid into the Banks, and the Banks shall £tS^>""'''*° '" be answerable for all moneys, &c., actuallyreeeived by them, 21 V-jC. 39, The Banks or some person authoi-ized, shall daily, on receiving any Receipts for money &c,, from or on account of the Keceiver-General, deliver to the per- nion«y vd-^"- son paying 'in the same a receipt, which he shall lodge with the Receiver- General who shall deliver to such person, in lieu of the Bank receipt, a re- ceipt signed by him, which, when countersigned by the Commissioner of the Board of Audit, who is required to countersign the same, shall be a suffi- cient discharge for the amount mentioned therein, 21 V, c. 39, s. 4. 624 Payments, * &c. to be maxle in ac- cordance with rules Delivery of notes &c' for legal purposes Eeceiver'.Gene- ral's payments to be made by cheques on the bank -form Transfer of bal- ance upon death, &c. of Receiver- General to his sue cesser's account Forgery Short title Quarterly state- ments of accounts with Banks to be published HECTORS' FUND. The banks eball not pay, apply or dispose of anjrpart of the money, &c., paid in and placed to the account of the Receiver-General, or transfer the same or any portion from such account, except in accordance with the regn- lations, unleBS any such notes, bills or drafts are required by the Solicitior of the Crown for the purpose of instituting legal proceedings thereon, in which case they or any of them shall be dehvered to the Sohcitor or hie clerk on the order of the Executive Committee, 21 V., c. 39, s. 5. Every sum due upon any debenture, bond, certificate or other instru- ment for pay ment of any money out of the Keoeiver-General's office, or directed to be paid by any Act, and all warrants issued by the Governor, or the Governor and Executive Committee, shall be paid by the Receiver General out of any money paid as aforesaid into either of the Banks on his account, in accordance with the regulations, by a cheque or draft sign- ed by the Receiver General, and couutei'aigned by the Book-keeper, or such other person as the Governor in his absence shall appoint, in which the name of the party in whose favor, and the number of the account or voucher in payment whereof the cheque is drawn, shall be inserted, 21 V., c. 39, s. 6. Upon the death, resignation or removal of any Receiver-General, the balance of cash for which he at the time has credit with the Banks, shall as soon as a successor is appointed, vest in him, and until then in the person or persons for the time being authorized to execute the duties of the office in trust forthe service of the public, and be forthwith trans- ferred to the account of such successor or other person, to be applied to the service accordingly, 21 V., c. 39, s. 7. Knowingly and wilfully forging or counterfeiting, or causing or pro- curing, &o., or knowingly or wilfully acting or assisting in forging or counterfeiting the name of the Receiver-General, or of any Commissioner for examining the public accounts, or of any person acting for either of them, to any draft, instrument or writing, for or in order to the receiving or obtaining any of the money in the hands or custody of either of the Banks on account of the Receiver-General, or forging or counterfeiting, or causing or procuring, &c., or knowingly or wilfally acting, or assist- ing in forging or counterfeiting any draft, insti'ument or writing in form of a draft made by such Receiver-General or person as aforesaid, or uttering or publishing any such, knowing it to be forged and counter- feited, with an intention to defraud any person : Felony, punishable as is or was by law provided against any similar offence in respect of Island certificates and Receiver-General's checks, or Island Treasury notes, 21 v., c. 39, s, 8. Punishment, imprisonment not exceeding 3 years, with or without hard labor, or solitaiy confinement not exceeding one month at any one time, northree months in any one year, 4V., c. 46, s. 2, 12, or penal ser- vitude not less than 4, and not exceeding 8 years, 21V., o. 14, s. 3. The Receiver-General's Moneys Transfer Act, 1857. 21 V., c. 39, s. 9. The Receiver-General shall publish in the " Jamaica Gazette" a quarterly statement of the moneys paid into the Colonial and Jamaica Banks, the amounts drawn out, and the bilanoe appearing to the credit of the Island Treasury in each !!ank, 21 "V., c. 39, s. 10. Records, Public. Pi-poapo for hnnkfl Thd respective officers of each public office shall provide convenient rresses lor books ^^^ ^^^ ^^'^ jjjg |,ooks andpapers belonging to their offices, having good doors, with locks and keys. The records shall be entered or transcribed into Books tobe sub- boojjg bound with substantial leather covers, and a double cover for bet- stantiaUy bound ^^^ preservation, 11 Ann, o. 4, s. 5. Rectors' Fund. Quarterly deduc- The Receiver-General shall retain £6 6s quarterly from each Hectors tlons from Rec- stipend to be appropriated as after directed, 9 v., c. 39, s. 2. whether lapsed or Whether there be any lapse of stipend or not, V., c. 39, o. 6. "Reetor'a Fu d All moneys of the fund already accumulated, and all sums herein direct- and Trmtaes ed to be retained, and all interest to accrue due on the Fund, as the same RECTORS' FUND. 625 becomes due, are vested under the name of the " Rectors' Fund" in the Pre- Eectoi'a fntad sident of the Council, the Chief Justice, the Bishop, the Speaker of the As- ftnaTruatees sembly, the Attorney-General, the Vice Chancellor, the Members for St. Catherine, Kingston, Port Eoyal, St. Andrew, St. Thomas in the Vale, St. George, St. Mary and Vere, and the several Rectors for the time being, and they or any five of them (two to be laymen) are appointed Trus- Quotum tees to hold the Fund ; and the Receiver-General shall pay to their order, according to Form annexed, the interest now and to grow due upon the Fund, and also three-fourths of the sums already deducted and retained, payable to the Trustees of the Fund under re- pealed Acts (s. 1) and suso Jths of the sums before directed to be deducted and retained by him from the Rector's stipends, to be applied by the Trustees for the pui-poees of this Act ; and the Receiver-General shall add the remain- ing ith of the sums to be deducted and retained by him to the capital of the Fund ; and the Trustees with the assistance of an actuaiy (s. 11) when they reqmre his services shall manage the Fund to the best advantage for the benefit of the persons interested, 9, V., c. 39, s. 3. Except under the circumstances after mentioned, eveiT person who Bectors to bo shall hereafter be appointed a Rector shall be examined by the Medical Of- MeSoal Officer to fieer of the Fund (s. 8,) and if it appear by a report under his hand that the ascertain if life in- life of such newly appointed Rector is bona fide and apart from all techni- surable cal objections not a fair average life, and one wliich would be rejected ac- cording to the ordinary rules by which Insurance Oifices are governed, the Trustees may give notice by their Secretary to such Hector tSat his family nivgi, daimo on cannot participate in the benefits of the Fund in the ordinary manner, but the fund that at his decease all his payments with their accumulated interest shall be restored to his family, in case he leave any within the degrees of relation- ship ; and under the circumstances wherein a pension is granted by the Trust, and the nocice shall be binding on the Rector, unless he survive lU years, and continue to contribute to the Fund, when his family shall be entitled to all the benefits, 15 V., o. 30, s. 2. Every Rector to be hereafter appointed, shall appear before the Medi- . ^°K f'^teS cal Officer to be examined, or in case of his refusal or neglect to submit to ^ fmd ™ such medical examination, his family shall forfeit all interest in the Fund, 15 V. 30, s. 4. It shall not be necessary for any such Rector to submit to examination aj^^Jed'^rith'if or appear before the Medical Ofiicer, if, at and previous to his institution to s years in orders the living, he has been in Holy Orders, and actually licensed and employed in the island as a Clergyman in the Island for the full space of 5 years. It shall be dis- , fi'^??"*''^"' ^Sl cretionary with the Trustees, in case of a forfeiture in consequence of the fSfd Rector's failure to submit to the medical examination, to restore the family to their interest in the Fund, subject to such regulations or conditions as they think fit to impose, 15 V., e. 30, s. 5. A list or registry of all the Rectors whose families are entitled to claim Register of Kec- the benefit of the Fund, shall be made np and recorded in the Bishop's Registry f^SrestS*^"'*''^ Office, and no Rector to be appointed to any living, and subject to the medi- cal examination, shall be included in the list, until a certificate has been given by the Trustees or their Secretary that he has been examined, 15 V. c. 30, s. 6. On or before 31st March in each year, a return shall be made by .Ajmual returns every Rector to the Secretary, stating such information as to the ages of 'a™"? their wives, and the ages or marriages of their children, and such other par- ticulars as the Trustees, under the ad\'ice of the Actuary or otherwise sliall require, in the form prepared by the Trustees, and a copy shall be sent by the Secretary by the post to each member of the Fnnd on or before the 31 st January. Penalty for omission to make such return, after three successive applications, to be made in writing by the Secretary, in the three several months, after 31st March, of 40s to the Fund, to be deducted by the Receiver- General fi'om the next quarterly payment to be made to the Rector omitting to make such returu, after the Receiver General's receipt of a notice from the Trustees to make such deduction, 9 V., c. 39, s. 14. The interest now and to grow due on the capital of the Fund, with the Fortion of fund Jths of the sums already retained, and also fths of the sums to be deducted to be appropriated from the annnal stipends of the Rectors, or so much as shall be necessaiy, 'Sl^J^n ™ shall be appropriable and applied by the Trustees for the maintenance of the widows and orphan children of the Rectois who have died or shall die in the 4G 6S6 Capital lo&Ticil to the public at inter- Reserved Fund Ctiange In allow ance of intore»t of Ftinct Interest now al- lowed Secretary Removal of Secre- tary or Aetuary Medical ndvieer Quarterly Meet- ings Special Tnpotings RECTOBS' FUND. possession of their benefices, or who under this Act shall be entitled to the same, in sach manner and proportions as to the Trustees shall seem most charitable and proper, subject to the provisions after contained, 9 V., c. 39, s. 4. The present capital of the Fund, lyitJi the ^th of the sums to be deducted from the stipends, shall remain in the hands of the Receiver-General as a loan to the public, for which he shall allow the Trustees interest quarterly, at the rate of £1 10 percent, per quarter 9, V., c. 39, s. 7. So much of the interest already payable and to grow due upon the capi- tal of the Fund, and of the Jths of the sums already aud to be deducted, as shall not be drawn for and appropriated by the Trustees, shall remain in the Receiver-General's hands to their credit as a Reserved Appropriable Fund, on which interest at the rate of £1 10s per cent, per quarter shall be allowed ; and at the end of every quarter, the interest shall be added to the capital of the Reserved Appropriable Fund, 9 V., c, 39, s. 8. The seventh section and so much of the eighth section of 9 V., c. 39, as relates to interest were repealed, and the Receiver-General was directed to allow interest annually at the rate of £6 per cent, on the capital of both Funds, as of the quarter-day next succeeding the passing of this Act (8th Feb- ruary, 1855,) and thereafter in respect of all further capital at £4 per cent, per annum only, 18 V., o. 19. But afterwards interest was allowed at the rate of £6 per cent, per' annum', from the 1st January, 18K2, on the principal sums then at the credit of the Trustees, and on all further capital ; such pait of the interest as Should be unappropriated at the end of any year to be added to the capital, and bear the like interest, 25 V., c.34. The Trustees were directed to appoint a competent person to be their Secretary, at such a salary, to be paid out of the S'und, as they should think proper, y v., c. 39, s. 10. The Secretary was dii-ected to convene ageneral meeting of the Trustees by public advertisement in such newspapers as should be directed at the meeting, for the purpose of electing an Actuary of the Fund, if they thonght proper ; the day appointed for such general meeting to be at least one month after the first publication of such advertisement. The Actuary to be ap- pointed shall be an Actuaiy of one of the Life Assurance Societies in Great Britain, and shall be paid for his services out of the Fund, 9 V., c. 39, s. 11. The Actuary or Secretary shall be only removable at a general meeting to be convened for the purpose, in pursuance of a resolution of a quarterly meeting, and in the manner pointed out for the election of the first Actuary (s. 11) ; aud upon the removal of any Actuary -or Secretaiy, the Trustees shall at such general meeting, and upon their death or resiu;nation, at the first quarterly meeting aftei-wards, appoint another, 9 V., c. 39, s. 12. The Trustees were also directed to appoint ais the medical adviser of their institution some one of the Resident Medical ;l?rai;titioners already em- ployed by any of the Insurance Offices in Jamaica, who shall, for every case examined, be remunerated out of the fauds of the Trust, at the Tate gi'anted by the Insurance Office for which he is engaged for the examiitatioa of the health of an applicant for a policy from such office. In case of the death, absence, or inability to act of the regular medical officer of the Fund, or under any other special circumstances, the Trustees may call in the aid, and appoint for the occasion tue medical officer of the Island Curates' Fund, or any Resident Medical Practitioner of Kingston or Spanish Town, and re- munerate him for his services in the same manner as the medical officer of the Fund, 15 V., c. 30, s. 8. The Trustees shall hold at least four meetings in. each year, on the 2nd Tnesday in February and August in Kingston, aud on the 2nd Tuesday in May and November in St. Jago de la Vega, for the purpose of trausacting business. All orders on the Receiver-General for payments out of the Fund shall be in the form aforesaid (s. 3), and drawn and, signed at each quarterly meeting by at least three of the Trustees, whereof two shall be laymen, and also by the Secretary. The trustees or any two of them may direct special or additional meetings to be convened arid held either hi Kingston or St. Jago de la Vega whenever necessary. Notice of any special or additional meeting, and of the purpose for which it is called shall be given in the " Jamaica Gazette" or any other newspapers, as directed by the Trustees; and no other RECTORS' PUNDr 627 business shall be trausaiited but such as is stated in the notice. If the object -of calling the special meeting is the signing of orders for payment of an- nuities, the attendance of three Trustees',with the clerk, shall constitute a legal meeting for such purpose, 9 V . c. 39, B 13. The Eeceiver-General shall furnish the Trustees, at least fourteen HoooiTor-Geaorai days before each quarterly meeting, with a statement of the accounts of ijc^JJjJ'"'''"'"' " the immediately preceding quarter, 9 V., c. 39, s. 15. The Members and JSector of Kingston shall be Auditors of the ac- Auditoi's counts, and shall audit and attest the annual accounts to be laid before the Assembly, 9 V., c. 39, s. 16. No child of any Rector to be hereafter appointed, born before their father became a licensed Clergyman in this Diocese, shall be entitled to claim any part or share, or participate in any of the advantages of the Fund, unless their father at his decease had been a contributing mem- ber for 10 years, in which case they shall be fully entitled, 15 v., c. 30 s. 1. Nor any widow or children of any Rector, unless his name has been duly registered in the Bishop's Registry Office 15 V., c. oO. (s. 6.) The names of all the present Rectors shall be forthwith inserted in the Registry, 15 V. o. 30, s. 7. To entitle the widow and orpban children of any deceased Rector to a share of the benefit of the Fund, they must produce to the Trustees a certificate from the Justices and Vestry, in Vestry assembled, certifying the number, ages and other circumstances afiectmg their claims, 9 V., c. 39, B. 4. In case of the family of any deceased Rector becoming entitled to have his contributions restored to them with interest, the Trustees shall draw an order, according to the usual Form (9 V., c. 39, Sch.) on the Eeceiver-General, requiring him to pay out of the Funds of the Trust whatever amount shall appear to be due to the family, or they may, if they see fit, divide and apportion the sum etmong the several persons entitled to receive the same, as nearly as possible according to the scale by which the pensions are adjusted i and in the case of all or any of the children being minors, invest or otherwise appropriate the shares of such infant children in such way as shall appear to the Trustees most benefi- ■ cial, 15 v., c. 30, s. 3. Upon the decease of any Rector who has resigned his living, or has been deposed, having previously contributed to the Fund for 10 years, the Trustees may apply towards the maintenance of his widow and or- phans a sum equal to one half of the allowance whichshall at the time be given to the widow and^)rphans of a Rector who has died in the possession of his benefice, or if he has contributed for 15 years, his widow and or- phans shall he entitled to a full participation of the benefits of the Fund, but no widow shall be entitled to any benefit under this section, unless she was his wife at the time of his resignation or deposition, nor any orphan children, if bom subsequently thereto, 9 V., c. 39, s. 5 Annual allowances to widows and children from 1st January, 1846 ; widows, £52 ; first class orphan=, £26 ; second class, £17 6s. 8d. No in- crease in the scale shall ta^e place until the Reserve* Appropriable Fund shall have accumolated and amount to £ 1500, whereupon the scheme of distribution shall be submitted by the Trustees to the Actuary for the time for re-adiustment, and also at the expiation of such other penods as shall be considered proper and necessary: and if the scheme lu the opinion of the Actuary require any variation, it shall be made by a certificate in writinsc of the Actuai-y, to be presented and confirmed at the next Quarterlv meeting of the Trustees after receipt. The vanation shaU be framed upon the most correct calculations the circumstances wiU admit, and so that the interest of all persons having claims upon the Fund, whether in possession or expectancy, may be secured, 9 V.. c. 39, ». 9. Children of Roo tors bom before their fitther became n licensed clergy - man Widows and ch(i- drcn of unregister- ed Hectors Widows end clul - dren to produce certificate from tile Vestry Return and ap- portionment of con tributions to wi- dows and children not participating in Fund Claims of widows and chil d r o n of Bectors not bcnoflc- ed at death Annual allowan- Re-a4juBtment of Scheme The Trustees shall at tne quarterly meeting in November prepare I sisn a report to be laid forthwith before the Assembly if m Session, or if not within a fortnight after its next Session, setting forth and ex- plaining the state of the^nnd for the preceding 12 mondis, the names and aees of the parties having allowances therefrom, and the amounts and the particulars connected with parties whe have ceased to have al- Annual Repurt to the Lcerisluture 628 BEPLBVINS. lowances since the date of the last report, aud the purport and effect of the opinion and advice given by the Actuary on the several points sub-. raitted to him, and tlie annual account of the Fund audited and attested by' the Auditors, 9 V., c. 39, s- 17. Eights of families of deprived Eectors, see Clergy, 22 V., c. 9, s. 33 34. ' Form of Order on the Receiver Gen e 9 v., c. 39, c. 3 To the Receiver-General, Pay to the order of the sum of being for (here state the purpose of the order). Dated this day of 18 A B) Trustees C D ^ of the E F > Eectors' Fund. G H, Secretary. 9t 62, G. 3, c. 165, in force Selig-ious Worship (Dissenters.) Stat. 52 G. 3, c. 15.5 relating to religious worship and assemblies, and persons teaching and preaching therein is declared to be in force in this Is- land. Any two or more Justices holding special commissions under Statute 3 and 4 W. 4, c. 73, shall exercise all the jurisdiction and powers which under the above Act are exercised in England by Justices and by the General and Quarter Sessions therein meniioned, 4 W'. 4, c. 41, s. 70. Service Costs of protluQ. Ing Stock, &r. when trial is put off Whoa produc o d after re turn of eloinmenti &o. Replevins. May be served at any time, 33 C. 2, c. 23, b. 10. Whenever any horses, mules, asses or neat cattle, or other goods or chat tels shall be produced by the plaintiff or defendant in obedience to any writ of replevin or subsequent process grounded thereon, or rule of Court made thereon, or shall be in the custody of the Provost ^larshal by virtue of such process or orders, and the trial shall be put off on the motion of the parties not having the custody thereof, the^Supreme Court may at their dis- cretion award a reasonable recompense to be made to the party injured by the party putting off the trial, for the expenses of bringing, maintaining and carrying tnem back to the place from whence they were brought, and all charges and expenses attending the producing any goods or chattels at the Court, and compel payment by attachment or any other summary me- thod, 30 G. 3, c. 2, s. 1. When produced after an eloinment on the, writ of replevin or a nulla bona on a writ of withernam, or non est inventus, and writ of capias in withernam shall be returned, the party producing them shall not be entitled to the benefit of the recompense in the Court wherein either of the returns shall be made, in case the plaintiffs shall not go to trial in the subsequent Assize Court. When any plaintiff or defendant not having the custody gives notice in writing to the party having custody six days before the Assizes that he intends to come to trial in the same Court of Assize, then if the party having the custody produce them at the Court of Assize immediately ensuiug such notice, such plaintiff or defendant shall not be entitled to any recom- pense, 30 G. 3, o. 2, s. 2. When the property is in the custody of the Provost Marshal, and, the trial is put off, the fees for detentloi< shall be paid by the party on whosa motion the trial is put off, 30 G. 3, c. 2, s. 3. When Judgment passes for the defendant, or the plaintiff is nonsuit, the Supreme Court may award a reasonable recompense at their discretion to the defendant beyond the usual costs, for his charges, expenses and losses, by reason of bringing and producing, maintaining and carrying back the property, and compel payment by attachment, execution or other process, or by any summary method the Supreme Court thinks proper , 30 G. 3 c. 2. s. 4. Maintoiuaijio for The action shall be maintainable In cases as well of wrongful deten- wrong deiontion ^^^^ ^^ property as of the unlawful taking of property, 27 V., S, 1, c. 28, e. 1. When th e pro perty ia lu cuBtocly of the Provost Mar- shal, &c Costs of defend- ant when hu suc- ceeds REWARDS FOR MBRITOKIOUS CONDUCT. 62§ No writ of replevin shall be issued, unless in addition to the alfidavits A ra d o » 1 1 to now required by the practice of the Coiu-t, au afSdavitis filed by the party B™""" "'" applying for the writ, or his lawful attorney, stating the names of the sureties, their residences, the amount of their property available as secu- rity with reference to the value of the property in dispute, and also stating that notice has been given to the party against whom the writ is sought to be issued, 27 V., 8. 1, c, 28, s. 2. No such writ shall be issued unless the affidavits are first filed, and the TTithout Judge's IS. 1 , C. ^", S. O. flat In case of injury where the property is in danger of being wasted or orin case of ur- made away with before the fiat of a Judge can be obtained for such re- genoythatofujua- fleviuj a Justice may act substitutionallv and issue such writ, 27 V., S. , 0. 28, s. 6. ■ A Judge in Chambers may, on cause shewn, quash such writ issued which may ba as last beforesaid, and order tlie property so replevined to be restored, ?»» »■>»'! ^y » 27V.,S.l, c.28,s.7. V V y V ' judge .„ Chambor. The action of replevin shall be maintainable for the recovery of tim- Action maintain- ber wood and other trees severed and taken away from the land on which ^^^/^ timber &c. they were growing, although there be no proof that they were when se- vered or taken away from the land, ever as goods and chattels of any kind in the possession of the party claiming such land, 27 V., S. 1, c. 29. Retired Judges and Chairmen of Quarter Sessions. Upon the passing of the Judicial Amendment Act, 1855, (19 V., c. 10- Their Annuitiea the following annuities to the retiring Judges and Chairmen came into operation, payable out of th". sum of £9800, approprftted by 17 V., c. 29, Sch. A., towards payment of Judicial salaries, by quarterly payments, and a proportionable part of the last quarter to the day of death: The Chief Justice .... .... £750 Senior Assistant Judge 600 Junior Assistant Judge 500 Each of the 4 Senior Chairmen of Quarter Sessions -150 Each of the Junior Chairmen 300 (19 V., c. 11 Rewards for Meritorious Conduct. The Eeceiver-General, on warrant of the Governor, shall payany sutn To bo paid by t he directed to be paid to any policeman, constable, or other person as a re- ucooivor General ward for meritorious service rendered for the public benefit, 27 V., s. 1, c. 30, s. 38. 630 KioTS. Riots. •ombfi'n "e'^to'thr H any persons to the uumbei- of 12, or more, being unlawfully, riotous- number of 12, and ly and tumultuoualy assembled together to the disturbance of the public not dispersing for peace, aud being required or commanded, by any Justice, or if in Kingston Felony" "" "'°'° fiy the Mayor, or senior Alderman, or other head Officer or Justice of the parish, precinct, or place where siich assembly is, by proclamation to be made in the Queen's name, in the form after directed, to disperse themselyes and peaceably to depart to their habitations, or to their lawful business shall to the number of 12 or more, notwithstanding such proclamation made, unlawfully, &o., remain or continue together for one hour after, such con- tinning together, to the number of 12 or more after such command and re- quest made by proclamation, shall' be Felonj;, and punishable by penal servitude from 4 years to term oflife, or imprisonment not exceeding 3 years, 21 V., c. 11, s. 1, 21 V., c. 14, s. 3. irtai """a '°™ PoKM OF PBocr,AMATioN.— " The Justice or other person authorized ° "°''°""'<"' to njake proclamation, shall, among the Eioters, or as pear to them as he can s^'ely come, with a loud voice command or cause to be commanded si- lence to be, while proclamation is making, and after that shall openly and with loud voice, make or cause to be made proclamation in these words, or like in eifeci; : — " Our Sovereign Lady the Queen, ohargeth and commandeth all persons being assembled, immediately to disperse themselves, and peaceably to depart to their habitations or to their lawful business upon the pains contained in an Act made in tlie twenty -first year of Queen Vic- toria, for preventing tumults and riotous assembUes, God. save the Queen." And every such Jiistice, Mayor, &c. within the limits of their jurisdictions, on notice of any such assembly, shall resort to the place, and there make or cause to be made proclamation, 21 V., c. 11, s, 2. Appreiiension If such persons 90 unlawfully, &o. assembled, or, 12 or more of them, after proclamation made in manner aforesaid, shall continue together and not disperse themselves within one hour, they may be seized and appreliend- ed by any Justice, Mayor, &c. Constable, Inspector, Sergeant and Private of Police or such other persons of age or ability as they shall command to be assisting, and forthwith carried befoie a Justice to be proceeded against for such their offences according to Law ; and if auy persons so assembled shall happen to be kUled, maimed or hurt by reason of their resisting the persons so dispersing, seizing or apprehending, or endeavouring, &c. then every such Justice, &o. shall be free, indemnified and discharged as well against the Crown as against all other persons, of, for, or concerning the killing, &c. of such person so assembled, that happens to be so killed, maimed or hurt, 21 V., c. 11, s. 3. th^inikinK r'roSa- ^^ ^^^ persons oppose with force and arms wilfully, and knowingly ob" mstloD ° stiuct, let, hinder or nurt auy person beginning to proclaim or going to pro- claim according to the proclamation hereby directed to be made, whereby Not dispersing guoij proclamation shall not be made, then every such opposing, &c., euon tTonispreveite'd "^ person SO beginning or going to make such proclamation, shall be Felony, punishable as in s. 1, and every such person so unlawfully, &c., assembled to the number of 12 or more, to whom proclamation should or ought to have been made , if it had not been hindered as aforesaid, shall like- wise, in case they or any of them to the number of 12 or more shall conti- nue together nnd not disperse themselves within one hour after such let or hindrances made, having knowledge .thereof, shall be adjudged felons ; pu- nishment same as in s. 1.21 V., s. 11, c. 4. Compensation for jf any church or chapel [or any building for religious worship, gJ°?Se''°""'' certified and registered according to the English statute, 1 W. & M., (o. 18, s. 19) for exempting their Majesties Protestant subjects dis- senting from the Church of England, from the penalties of certain laws, (see repealed, s. '•>)] or any dwelfing house, mill, mill houses, boilmg house, curing house, still house, trash house, warehouse, coffee mill, store, or other building, merchandize or steam engine, shall be demolished or EuUed down wholly or in part by such persons so assembled, the inha- itants of the parish, or if in Kingston the inhabitants of the city and parish in which such damage is done, shall be liable to yield damages to the persons injured and damnified by such demolishing or pulling down Aoiion for wholly Or in part; such damages to be recovered by action in the Supreme Court, and tned in the Circuit Court by the persons damnified, against two justices of the parish (the action for damages to any Church or Chapel to be brought in the name of the rector, minister, curate, or trustee in trust BOSERTSON'S MAPS. 631 for applying the damages to be recovered in rebuilding or repairing the same) and on judgment being given in any such action for the plaintiff, the damages shall, at his, or bis executor's or administrator's request, be estimated and stated as a separate item in the estimate of expenditure of the parish for that or the succeeding year, and shall be allowed and rrovided for as part of the paiochial expenditure for such year, 21 V.,c. 1, s. 6. When a,ny riot amounts to rebellion, or such combined resistance ai«°iJirce"eioeea» against the law (as) exceeds the authority of the magistracy and the power the power of the they can bring into action to suppress the same, the provisions for making JJ.'fJ'f"'^ '° ""'' compensation for damages shall oe void, 21 V., c. 11, s. 7. No action shall be maintainable unless the persons damnified, or such Ha'^^'ii^L' to as shall have knowledge of the circumstances of the offence, or the ser- compenaation ' vants who had the cave of the property oamaged, ihall, within 7 days after the offence, go before a Justice residing near and having jurisdiction over the place where the offence was committed, and state upon oath the names of the offenders, if known, and submit to the examination of the Justice, tOQ&hiDg the circumstances of the offence, and become bound by recognizance to proseoufe the offenders when apprehended; and no person ahall be enabled to bring any such action unless he commence it within 3 calendar mouths after the commission of the offence, 21 V., c. 11, s. 8. No inhabitant shall, by reason of inhabitancv, be exempted or preolud- petSni wSosses"" ed from giving evidence either for the plaintiff or for the defendant, 21 v., 0. 11, 8. 9. Where the plaintiff recovers judgment, v,i -her after verdict or by de- i,/f.rtvo«M'frsiiai &nlt or otherwise, no writ of execution shall : p executed upon either of the defendants or any inhabitant, but on receipt :i' the writ of execution the provost marshal shall make his warrant to the lieceiver-Geiieral to pay the plaintiff the sum diiected to he levied, which lie'shall do out of any moneys then in his bands or to come into hia hands, 21 V., c. 11, s. 10. If the Justices who are sued, produce and prove before the Executive J"'""' Costi Committee an account of the just and necessary expenses incurred in conse- quence of any such action, if defended with their saiictionj such expenses shall be paid on tlieir order by the Receiver-General, and if judgment is giv- en against the plaintiff when ft has been defended with the sanction of the Executive Committee, the just aud necessary expenses incurred in conse- quence of such action shall hepaid iu like manner over and above the taxed costs to be paid by the plaintiff j and if it be proved to them that the plain- tiff is insolvent, so that the defendants can have no relief as to such taxed costs, the Executive Committee shall, if they tliiuk fit, order the same to be paid by the Receiver-General, 21 V., c. 11, s. 11. The Act shall be openly read at every Cirenit (19 V., o. 10, s. 17) aud court..'°p™Tci."- Supreme Court. No person 'shall be prosecuted, unless the prosecution is tions to be within li commenced within 6 months, 21 V., c. 11, s. 1-'. months The Eiot Act, 1857, 21 V. , c. 11 , s. 13. Short Titro Hobertson's Maps. The extent and boundaries of the several counties and parishes as laid b|'uJ™a,'ri°o'>'o' down and delineated in the 3 maps of the counties, aud the General Map Countiesaniipn. of the Island, made and published by James Robertson, surveyoi in 1 804, and '■'»'"'" approved of by the Assembly, shall be deemed to be the bounds, and conclu- sive to all intents, 50 G. 3, c. 15, s. 1. The originals presented to the Assembly shall be recorded in the Secre- tary's Office, and the records or copies duly proved or attested by the Secre- tary, or the printed copies of the published Maps si all be received in evi- dence in all Courts, of the bomidaries of the several counties and parishes in all cases, civil and criminal, and in all matters of litigation, 50 U. 3, c. 15. s. 2. ' • The snb&equent establishment of the parishes of Manchester (.'J5 G. 3, c. 23) and Metcalfe (5 V., c. 44), has somewhat altered the boundai-y lines of each of the counties, as also of the parishes of St. Elizabeth mi Vere, St, Mnvv Rnd St. George, 632 HOGUES AND VAGAB©NDS, Bogrues and Vagrabonds. Idle and disor- Every commonprostitntewanderingin the public Btreets Or highways, Or ^ProSiit™' '" ^^y place of pubho resort, and behaving in a riotous and indecent manner, Begging alma, every person who is able to labour or who is receiving parochial aid and shall *"■ be found wandering abroad or placing himself or herself in any public place street, wharf, highway, lane, court, piazza, or passage to beg or gather alms, or causing or procming, or encouraging any child so to do, shall be deemed idle and disoraerly persons, and on conviction "before a Justice may be committed to the house of correction there (or on the public streets or highways ?) to be Eicusc for bog- kept to hard labour not exceeding one calendar month ; but no person shall be 8'"^ deemed to be an offender by reason of any such begging or gathering alms, or causing or procuring, or encouraging any child so to do, unless it shall be made to appear that he could by his own labour or other means, or by pa- rochial funds appropriated for tnfi purpose have been provided with the ne- cessaiies of life, 3 v., c. 18, s, 1, RoKuos nnd Vn- Every person committinganyoftheoffencesmentionedin 3 V.,c. 18, s. 1, gabondu, p e rsons after having been convicted as an idle and disorderly person ; every person cmvictod u u a or, pretending to be a dealer in obeah or myalism ; every person pretending or iieaiers °n oboah Professing to tell fortunes, or using or pretending to use any subtle craft or Fortunetellers device by palmestry or any such like superstitious means to deceive or im- Wandering abroad pose upon any of H. M. Subjects ; every person wandermg abroad and 'o- lodging in any outhouse, or shed, or in any deserted or unoccupied building, ^^obsceno prints, ^^, ^^ ^^^ ^^^j^^ sugar. Or coifee works, watchhouse, trashhouse or other buildings, or within any cane, coffee, provision piece, pasture or enclosure, ^^Eiposing the per- ^^f having any Visible meaus of Subsistence, and not giving any account of himself or herself; every person wilfully exposing to view in any street, road, highway, or public place any obscene print, picture, or other indecent exhibition ; every person wilfully, openly, lewdly, and obscenely expos- Exposing wounds ing his or her person in any street, public place or highway, or in the view or deformities thereof, Or in any place of public resort ; every person wandering abroad and endeavouring by the exposure of wounds or deformities to obtain or Obtaining charity gather alms ; every person endeavouring to procure charitable contribu- nnder false preten- tions of any nature or kind under any false or fraudulent pretence ; every ^Gaming, Sas, in pei'sou playing Or betting in any street, road,- highway, or other open and the streets ' public place Or with auy table or instrument of gaming at any game or Having House- pretended game of chance; every person having in his or her possession or nienw°or o^nsive oustody any picklock, key, crow lack, bit, or other implements with intent inatrutneiits with feloniously to break into any dwelliug house, vvarehouse, store, shop, coach intent to commit fe- house, stable. Or out-buildiug. Or being armed with any gun, pistol, hanger '^ cutlass, bludgeon or other offensive weapon, or having upon him or her Perjions found any instrument with intent to Commit any felonious act; every person be- in any house, &o. ing found in or upon any dwelling house, warehouse, store, shop, coach- for an unlawful jjouse. Stable, out-house or look-up place in which goods are kept, or in auy purpose enclosed yaid, pen, gardener crane, for any unlawful purpose ; every suS' pected person or reputed theif frequenting any wharf, or warehonae, near Suspected thtoves or adjoining thereto, or any street, highway, or avenue leading thereto, or adjacent thereto, with intent to commit felony ; every person apprehended derir'° nt?sra8'°?e- as an idle and disorderly person and violently resisting any constable or •isting apprehen- Other peace ofBcer BO apprehending him or her, and being subsequently con- 'ion victed of the offence for which he was apprehended, shall be deemed a rogue and vagabond, and on conviction before a Justice may be committed to the Forfeiture of im house of correction to hard labour not exceeding 28 days ; and every such piements nnd in- pick lock, key, crow jack, bit, and Other implement, guu, pistol, hanger, cut- siruments fass, bludgeon, or Other offensive weapon, and every such instrument shall by lie conviction become forleited, and may be destroyed or sold by order of the Justice, and if sold, the proceeds applied to the use of the parish, 4 V., c. 42, B. 0. Eveiy person who by work or other means is able to maintain himself Abandoning wife ^^ j j,is wife and children, and who refuses or neglects so to do ; every per- and children ^^ ^j^^ wilfully abandons his wife or children, whereby in either case such wife or children shall be left destitute or dependent for support upon pubhc or private charity, shall be deemed to be a ros-ue and vagabond, and shall, on convictionbefore 2 Justices of the parish where the offence is committed, be for the fii-st offence imprisoned, with or without hard labor, at the discre- tion of the Justices, for not exceeding 30 days, and for a second or any sub sequent offence for not exceeding 3 months, 28 V., e. 5, s. 2. 633 Husband or wife may give cvidenc* Incorrigible roguos brooking or escap- ing from place of confinement Persons s u b s o quontly oonvicted as rogues and vaga- bonds, &e. Violently resist- ing apprehens ion as a rogue, &c. Apprehension of Warrant for ap- prehension ROGUES AND VAGABONDS. In any prosecution under this Act, the wife or hushaud may give evi- dence for or against each other, 28 V., c. 5, s. 3. Every person breaking or escaping out of any place of legal confine- ment before the expiration of the term for which he shall be committed, or ordered to be confined under this Act, and every person committing any ofience which shall subject him to be dealt with as a rogue and vagabond, having been at some former tithe adjudged so to be, and duly convicted thereof, and every person apprehended as a rogne and vagabond, and vio- lently resisting any Constable so apprehending him, shall be deemed an incorrigible ro^ue and may be committed by 2 Justices to the House of Correction until the next Quarter Sessions, (Circuit Court, 19 V., o. 10, s. 17,) for trial there, 3 V., c. 18, s. 3. Any Constable, &c., may apprehend any person found oiTending, or in case none be within a reasonable distance, any person whosoever may ap- prehend him, and forthwith carry him before a Justice, or deliver him to a Constable for the purpose. If any Constable, or other peace offi- cer refuse or wilfully neglect to take such offender into his custody and to take and convey him before a Justice, or shall not use his best endeavors to apprehend and convey before a Justice any person he finds OiTending, it shall be deemed a neglect of duty and punished as after dhected 3V.,c. 18,8.4. Any Justice, upon oath being made before him that any person has committed or is suspected to have committed any offence against this Act, may issue his warrant to apprehend and bring before him, or some other Justice, the person so charged to be dealt with, 3 V., c. 18, s. 5. When any incorrigible rogue has been committed for trial, the Court Punishment of in shall examine into the circumstances, and on conviction may order the of- °°" ''' ° "S""' fender to be imprisoned with hard labor, inot exceeding 6 calendar months from the time of making such order, 3 V., o. 18, s. 7. In case any Constable neglects his duty, or in case any person disturbs, hinders or obstructs him, or is aiding or assisting therein, he shall, on con- viction before a Justice, forfeit not exceeding d£20 {£ 12 sterling) ; and in case the offender shall not pay such sum, the same shall be levied by dis- tress by warrant, and if sufficient distress cannot be found, he may be committed for not exceeding 30 days or until the fine be paid, such fine to be for the use of the parish, 3 V., c. 18, s. 8. Any Justice, upon information on oath that any person described to be an idle and disorderly person or a rogue and vagabond or an incorrigible rogue, is reasonably suspected to be harboured or concealed in any house or place, may by warrant authorize any Constable, or other person to enter at any time into such house or place, to apprehend and bring before him, or any other Justice every such idle and disorderly person, &c., then and there found, to be dealt with as before directed, 3 V,. c. 18, s. 9. The Justice before whom any conviction of any offender, as an idle or disorderly person, &o., takes place, shall transmit the conviction to the next (Circnit Court, 19 V., c. 10, s, 17,) to be filed and kept of record, and a copy duly certified by the Clerk of the Peace, shall be evidence in any Court, or bettre any Justice, 3 V., c. 18, s. 10. ^ The conviction of any offender as an idle and disorderly person, &o., shall be in the Form following or as near thereto as circumstances will permit: Constables neg- lecting duty — Ob structing them Apprehension o idle, &c. persons* &c. harboured in any house Conviction to be transmitted to Cir- cuit Court Certifled.copy ovl dence Form of conviction Jamaica ss. In the Parish of Be it remembered that on the day of . '" the year of our Lord at in the County of is convicted before me, for that he the said did (specify the offence, time and place, when and where the same was committed, as the case may be,) and I the said adjudge the said for the said offence to be imprisoned, or to solitary confinement in the House of Correction, and there or on the streets and highways, 4h 634 ROMAN CATHOLICS. kept to hard labor for the space of days, eusoing, from the . date hereof, thie day to be accounted one. Given imder my hand and Beal the day and year first above men- tioned, A. B., JuBtice of the Peace, 3 V., c. 18, s. IX. Apiioai Persons aggrieved may appeal, 3 V., c. 18 s. 12. Roman Catholics. May >u and vote Any person professing the Boman Catholic religion, appointed a mem- jn Council or Assam- \,er of the Council, or returned as a Member of AsBembly, may sit and yon a ing oa ^o^g^ being in other respects duly qualified, upon taking and sub- scribing the oath, (Form), instead of those of allegiance, supremacy and ab- juration, 10 G. 4, c. 12, B. I. Tho name of tiio The name of the Sovereign for tlie time being shall be substituted thnoto bo 8ubst^ f™™ '™® *" '™^ *"' ^^^ expressed with proper words of reference. But tuiod no Bomao Catholic shall be capable of sitting or voting either in the wuiiouuakinBoa'h Council or Assembly, unless he first take and subscribe such oath before the same persons, and at the times and places, and in tlie same manner as the oaths and declarations now required by law are taken, made and sub- Ponaiiy scribed. Any person professing the Boman Catholic jeligion, who shall sit or vote without having first so taken and subscribed the oath, shall be liable to the same penalties and disabilities, and the oflfence of so sitting or voting shall be foUowedby^ the same consequences as are by law enacted, in the case of gersonsjBtlJng or voting in either House of Parliament, with- out tayag^,-ffla6ifigand subscribing the oaths and declarations now required , 10 G. 4, c. 12, s. 2. iM»y~iaSo'voio at Any Boman Catholic subject, otherwise duly qualified, may vote at elec- eiectiona tiouB of Members of Assembly, Coroners, Vestiymen, Aldermen or Common Councilmen, upon taking and subscribing, if required the oath prescribed instead of those of allegiance, supremacy and abjuration, and instead of any declaration or oath required of them, and also on taking, if required, such other oaths as may be lawfully tendered to voters, 10 6. 4, c. 12, a. 3. Oath lobe admi- The oath shall be administered in the same manner, at the same time, niaiered JJ^^^^'^br aid by the same persons as those for which it is substituted, and the cer- whichlt i8°sub8H tificate of the taking and subscribing the oath shall be of the like force tutod as a certificate of the taking and subscribing those for which it is sub- stituted, and shall be given by the same person, and in the same man- ner as that now required, 10 6. 4, c. 12. s. 4. Also hold cirii ic They may hold all civil and military offices, and places of trust and pro- muitnryoraoes, &c. gf QQ(]er the Crown, and exercise any other franchise or civil right except as after excepted (s. 8), upon taking and subscribing at the times and in the manner after-mentioned the oath before appointed, instead of the oaths of al- legiance, &c., and otheis now required to be taken byEoman Catholics, 10 G. 4, c. 12, s. 5. They shall not be exempted from the necesBity of taking any oaths or making any declaration, not before-mentioned, required to be taken or sub scribed by any person on his admission into any such office, or place of trust or profit, 10 G. 4, c. 12, s. 6. \ Or bo membors, They may be members of any lay body corporate, and hold any civil of- &o. of lay corpora fioe, or place of trust or profit therein, and do any corporate act, or vote in "°'" any corporate election or other proceedings, upon taking the oath appointed, instead of those of allegiance, &c., and on taking alF the other oaths re- Juired of members of such lay corporations on admission to office or place, G. 4, c. 12, s. 7. Not to hold any But not to enable any person otherwise than they are now by law en- ifif'd 'oil 'di*''° abled, to hold any office, place or dignity of or belonging to the United chui'ch of Scotland Church of England and Ireland, or the Church of Scotland, or any office or or any public place belonging to any public school, 10 G. 4, c. 12, s. 8. Oath to bo taken Every Eoman Catholic appointed to any office or place of trust or profit bofoi-o'anljoi'ntmont ""'^s'' ^^^ Crown shall, withm 3 calendar months next before such appoint- to offlco nndor the ineut, or otherwise before presuming to exercise or enjoy, or in any manner crown or before act therein, take and subscribe the oath betbre the Grand Court or Circuit " cmfifloate thereof Court (9 V. , c. 10, s. 17) or any Judge ; and the person administering the oath shall make, sign and deliver a certificate, of the oath having been duly taken and sabscribed as often as demanded of him, which Bhalloe sufficient OAicors of Militin RUM AND SPIRITS. 635 evidence of the person named having duly taken and subscribed such oath, 10 G. 4, c. 12, B. 9. Otherwise such Roman Catholic shall forfeit to the Crownforthe support Pennity of the government of this Island £200 (£120 sterling), and his appointment shall be altogether void^and the office vacant. The oath shall be talsen by officers of Militia of the Koman Catholic religion at the same time and in the same manner as the oaths, &c., now required, 10 G. 4, c. 12, s 10. No oath shall be tendered to or required of them to enable them to hold ■'° b?"tii°''°t'°i'' id real or personal property, other than may be tendered to and required to be pjjperty "" 1° i'c h taken by other subjects, and the oath before appointed being taken and sub- may not be tondor- scribed, shall be of the same force, and stand in the place of all oaths and de- *" " olarations required by any law for their relief, 10 G. 4, c. 12, s 11. All penalties shall be recovered by information on debt in the name of Kooovory, &o. of the Attorney-General as a debt to the Crown, for the use of the Island Go- °' vernment, 10 G. 4, o. 12, s. 12, I A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to His Majesty King George, the Fourth, and wiil defend him to the utmost of my power against all conspiracies, and attempts whatever which sliall be made against his person, crown or dignity, and I will do my utmost endeavor to disclose and make known to His Majesty, his heirs and successors, all treasons and traitorous conspiracies, which may be found against him or them, and 1 do faithfully promise to maintain, support, defend, and to the ut- most of my power, the sucession of the Crown which succession by an Act entitled, an Act for the further limitation of the Crown, and better securing the rights and liberties of the subject, is and stands limited to the Princess Sophia, Blectress of Hanover, and the heirs o;' her body, being Protestants, hereby utterly renouncing and ab- juring any obedience or allegiance unto any other person claiming or pretending a right to the Crown of this realm, and I do furtlier de- clare that it 18 not an article of my faith, and that I do renounce, re- ject and abjure the opinion, that Princes excommunicated or deprived by the Pope or any other authority of the see of Rome, may be deposed or murdered by their subjects or by any person whatever, and I do declare that I do not believe that the Pope of Rome, or any other foreign Piince, Prelate or person, State or Potentate, hath or'ought to have any temporal or civil jurisdiction, power, superiority, or preeminence, directly or indirectly .within this realm. I do swear that 1 will defend to the utmost of my power the settlement of pro- perty within this realm, as established by the laws, and I do hereby aiscfaim, disavow and solemnly abjure any intention to subvert the present Church establishment as settled by law within this realm, and I do solemnly swear that I never will exercise any privilege to which I am or may become entitled to disturb or weaken the Pro- testant reUgion, or Protestant Government in the United Kingdom, and I do solemnly, in the presence of God, profess, testify and de- clare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation or mental reservation whatsoever. So help me God. Royal niail Steam Packet Company. The copy of their Charter of Incorporation enrolled in the Secretary's Office, and the record and copies thereof declared evidence, 6 V., c. 22. Rum and Spirits. Any maker of Rum may by himself, servants or others, vend and sell the same pure and unmixed, 33 C. 2, c. 5, s. 4. No person, except a retailer, shall sell Ram in less quantity than 40 gallons, 22 V., c. IS, s. 65. No license shall be granted to keep a Tavern on the same premises ^,„ v^vofu mmm where any shop shall be kept to sell and retail goods of any description, toTo "grantei^on 18 V„ C. 55, S. 3. premises where a I ,, V. , « t shopisHept Makers mnjr sell Only rotnilors under W gallons ; see 23 V , S. 1, c. 4< B. ], licenses No tavern licouse 636 RUM AND SPIRITS. Duty of 23 63 per eallon CoUectiou and ap- propriation Additional _ of 3d per gallon duty Draw b a c It on compounds KuM Duties. There shall be raised, levied, collected and paid to and fof the use of Her Majesty, fof the support of the Gtovemment of this Island, a daty of 2b. 6d. upon every Imperial gallon of Bam and other spirits distilled or made in this Island, until 31st March, 1869, 27 V., S. l,c. 5, s. 1. To be recovered and collected under any Act now or to be in force for the collection of the duties on Bum and other Spirits distilled or made in this Island, the proceeds to be paid and applied by the Beeeiver-Gene- ral towards the contingent charges and expenses of the Government, 27 V.,, S. 1, c. 5, s. 3. And in addition to the previous duty, a duty of 3d. upon every Imperial gallon of Bum and other Spirits on hand on any estate or place of manu- facture, or in any warehouse for warehousing Bum, sold or to be sold for consumption, and of all Bum and other Spirits distilled and consumed in this Island on and after 9th December, 1864 ; to be ascertained, collected and appropriated as any other duty on Bum and other distilled Spirits, 28 V.,c. 12. Every person exporting any quantity not less than 90 gallons of any cordial, liqueur or compound manufactured in this Island, and of which any Spirit distilled in this Island forms a component part, shall be entitled to receive by way of drawback, and be paid by;Bie]Be- ceiver-General, on the Governor's warrant, the proportion of Sf^rit duty at the rate of 6d. for every gallon of any such cordial, liqueur or com- pounds exported, on its being cerlifled by the Collector and Controller of Customs at Kingston, or the Sub-Collector at any other port of export, accordingly to the port from which the export has been made, that it has been satisfactorily shewn to them or 'him as- the case may be, that the cordial, &c., exported was manufactured in this Island, and that not less than 20 gallons of Bum distilled in this Island were used as a component part in every 90 gallons of such com- pound, and that the full duty at not less than the rate of duty by this Act imposed on Bum distilled in this Island, was paid on the whole "of the Spirit so used, which shall be in the annexed Form, 27 V., S. 1, c. 5, s. 4. These are to certify that ofthe parish of has exported from the port of in the ship or vessel called , puncheons, containing gallons of a cordial, liqueur, or compound called and that the same was manufactured in this Island, and that* gallons of rum or other spirits distilled in this Islaud have been used in the manufac- ture thereof and form a component part thereof, and that the fuU duty ot per gallon has been paid on such gallons of rum or other spirit. Given under our hands (or my hand) this at the port of day of Collector. Controller. Sub-Collector. * The quantity must not be less than 20 gallons of Bum in 90 gallons of compound. Bum Methylatiid. Begniations for The Executive Committee may permit any owner or factor of Bum, of "aiehou'o ' ° " '" not less degree of strength than 20 per cent overproof by Sykes' Hydrome- ter, or 21 proof by the glass bubble in general use, to mix Bum in a bonding warehouse, in. quantity not less than 50 gallons, with not less than one-ninth of its bulk measure ot wood naphtha or methylic alcohol, or such other ar- ticle or substance as they shall appoint, to render it unM for use as a bever- agOj and incapable of being converted to that purpose, and thereupon the Bum and mixture shall be exempt from any duty, and be cleared from ware- house free ol duly, 27 V., S. 1, c, 2, s. 1. To ho called Mo- The mixture with wood naphtha or methylic alcohol shall be denomina- thyiated Spirit ^^ „ Methylated Spirit," with any other substance by such term as the Ex- ecutive Committee may direct, 27 v., S. 1, c. 2. s. 2. RUM AND SPIBITS. 637 All wood naphtha or methylio acid or other article to be mlEed with TSrttdle toWSmix. Rum shall be provided by the Executive Committee, and not liable to any ?J F„~.,t?S"!? duty on importation, and supplied to paities at the cost, including all charges iriittee of importation, 27 V., S. 1, c. 2, s. 3. Any Methylated Spirit may be exported free of duty, 27 V. S. 1, c. 2 Exportotion freo »• 4, Duty Collection. Every person in charge of an Estate on which Kum is made, shall give Qui'teriy retuniB in quarterly returns on oath, to the Receiver-General, on Slst December, JJ™>° "■»'"»'' ="• 31st Mai-oh, JOth Jnne and 30th September, or within 14 days after, of all Rum on hand, at the last return, and of all Rum since made with an account of its disposal (Form Schedule A.,) 22 V., c. 13, s. ?. Accompanied by a declaration on oath (Form B.,) of the person usually nn^eie™"™ '" ''" in charge of the distillery (which any Justice may administer) that it isa trae and faithful summary of t'.ie entries in the diaiillery book, and is correct in every particular, and that no Rum other than mentioned therein has been given away or consumed on the Estale, or sent away from it to any person or place during the period embraced in the return, 22 V., c. 13 s. 3. In order to provide for the more effectual examination of the returns Tabs sent to Coi- presqribed by 22 V., c. 13, s. 2, 29, and 23 V., c. 4, s. 19, (License Act) ex- i=«»"- cept in Kingston, the several returns, with the documents by which they are directed to be accompanied, instead of lieing transmitted to the Receiver- General, shall be transmitted to the sub-Collector of Customs if there be one, or if not to the Collector of Rum Dutie., in each parish, in all respects in the like Form, verified in the same manutr, and containing the like particulars, and under the like recoverable as ol! cr penalties thereby di. For examination reeled; and the sub-Collector of Gustoms or Collector of Rum Duties, shall compare each Estate's return ti-ansmitted to him, with those sent in by the wholesale vendors and annua! retailers, 28 V., c. 27, e. 8. The sub-Collector or Collector of Ram Duties, as the case may be, Andtobeeertinea shall carefully examine the returns transmitted to him, and from the best eXve|.!^motai ""' information he can obtain, shall endeavor to ascertain whether or not the retni-ns are correct, and on each return shall certify that he has examined the same, and whether he finds it correct or otherwise, and in the latter case shall also state his reasons for believing the returns to be untruth- ful, 28 v., c. 27, s. 9. The returns so certified shall be forwarded, by them to the Receiver- KoBiBterca «nd General within 14 days after the 14th January, April, July and October, forwarded under a penalty of £1 for ecah return omitted to be duly forwarded, re- coverable as any penalty under 22 V., c. 13, and 23 V., e. 4. Such returns shall be dealt with or proceeded upon in like manner, and with the like power, and subject to the like provisions of those Acts, as the returns thereby directed to be sent to the Receiver-General, 28 V., c. 27 s. 10. The sub-Collector, &c., shall to each person lodging his return give To give reoeipttc an acknowledgment of the receipt, 28 V., c. 27, s. 11. peraona lodging A Book shall be kept on every estate, by the person in charge of the stm Housb Booit same, or of the distillery thereon (Form Sonedule C), in which shall be entered weekly the quantity and strength of all fium distiHed during every week, and the disposal, shewing the quantity sold on the estate for consumption, the duty on which has been received by the person in charge, or anthorized by the Proprietor or his Attorney, or the lessee or tenant, to receive the same, the quantity sent to a barquadier for exportation, the quantity so sent for sale or exportation as may afterwards be determined on, and the quantity sent to a factor or any other person for sale ; and the person in charge shall, at the end of every quarter certify in the bopk, and sign Jthe certificate that the entries therein are correct, and were made weekly, as the law directs, 22 V., c. 13, s. 4. Whenever the Receiver-G«neral, or Collector of Rum Duties, has To bo open to in- cause to suspect the incorrectness of any return furnished, he shall by »P«etion himself, or by a person he directs in writing, inspect the Still-house book, and take an account of all Rum on hand on the estate, 22 V., c. 13. s. 5 Incorrect entries are not to be erased by scratching out or otherwise CorrocHon of ««- but the pen shall be drawn through them, and the correct entry made '"'''" '■ 22 v., c, 13, s. B. 638 EUM AND SPIRITS. ewM •""'ei- Any person in charge of an estate or distillery wilfully making a false entry or erasure, or removing a leaf from, or mjuring or destroying the distillery book, to defeat the intention of the Act, shall be subject to a penalty not exoeeding£ 20, or imprisonment other than in a County Gaol, Keflisni a pro- exceedmgS calendar months, 22 V., c. 13, s. 7. me'tion™" "" '"" J, -^"y person in charge of an estate or distillery, or any other person retusmg admittance to the person authorized by the Beceiver-Greneral to visit any estate or distillery, to such estate or distillery, or hindeiing or preyentmg him from entering upon any estate or mto any distillery, or re- lusing or declining to produce for inspection the book, or to shew any liura returned as being or appearing by snoh book to be on hand, or in any way obstruotiug or causing him to be obstructed or hindered in the per- formance of any duty, shall be subject to a fine not exceeding £40, or impnsonmen6 other than in a County Gaol, not exceeding B calendar months, 22 V., c. 13, s. 8. DiUFerencea be- „ ... tweon rum maflo II Upon examination of any such book, and comparison therewith of •na sccountea for any return made to the Eeceiver-General, and upon ascertaming the quan- tity of Bum on hand at any given period on any estate, it appears there is a difference m the quantity and strength of the Enm made and accounted ioT,jiaiah cannot be explained to the satisfaction of the Eeceiver-GeneraJ, the duty on the quantity unaccounted for shall, within ten days after the decision of the Receiver-General, be levied for and recovered, 22 V., c. 13, s. 9. ■ • ! 1 Allowance for m\, -in consumption ftee of -r, persou m Charge Of any estate, where not less than 2000 gallons ■•"'y Of Eumare annually made, or estimated ta be made, may claim, and be allowed in each quarterly in-giving, not exceeding 25 gallons of Bum ; and where not less than 1000 gallons of Eumare made annually, 10 gallons per quarter, free of duty, upon making a declaration to be annexed to thequar- Excess liable to juw *!"? Vl-gi^^gs, that the whole of that quantity has been actually used by Excessilabletoauty ^immU, or for the purposes of the estate, or both, on tl:o estate. All Enm consumed upon the estate, beyond the allowed quantity, shall be charged with the duty, 22 V., c. 13, s. 10. export "a"'o?''io?"ljy ^ J^° person in charge, shall be charged with the duty on any quantity leakage, &c. of Eum shown on the returns to have been exported, and for which the export certificates have been delivered to the Eeceiver-General, nor on any quantity lost by leakage or evaporation, or duiing its transit from one part of the island to another, whether carried by land or by water, or from_ the place where the Eum was shipped to the vessel on board of which it was intended to be laden for exportation, or which has been stolen from any stillhouse ; but the party or estate shall be exempt from the payment of duty upon so much Eum as is shewn to have been lost or stolen, by the production of a certificate on oath, and of such other evi- dence as shall oe required by the Executive Committee, to shew the ex- tent of the loss incurred, 22 v., c. 13, s. 11. exporVor'wVr e' "^^ person making the returns shall transmit therewith all certificates of housing to be trans- export and warehousing or other certificates granted on the exportation, wai'e- mittea with returns housing. Or transfer of any Eum to any warehouse during the time em- braced in the returns, and which several documents shall be referred to in his returns, 22 V., c. 13, s. 12. Hum for export- The person in charge of each Estate from which Eum has been sold S'ract'orwareiMiM ^'"' consumption in this Island shall, at the time at which quarterly e'" fi'«" accuracy compared, and ascertain with all possible correctness the total quantity manufactured in each parish, the quantity exported, the quantity on whieh duty has been paid, that on which no duty has been paid, the quantity of the latter in warehouse, and the amount received for duty in each year, 22V.,c. 13, s. 32. The Eeceiver-General shall, as soon as can be after each quarter, make mon's'fo'rEiocut'i'vo up duplicate statements, (Form H) one to be delivered to the Executive committoo'andGa- Committee, and the other published in the Jamaica Gazette, 22 V., c. ''""' 13, s. 33. And shall also, as soon as can be after 30th September, furnish annual ii|^°LoISliaVur"' ""' returns to the Governor, for the Assembly, of the duties for the financial year, as far as he is then able to ascertain them, distinguishing the number of gallons made in each parish on which duty has been paid, the number remaining in warehouse, the number exported, the numoer consumed on estates, the number lost by leakage or evaporation and the number re- maining on hand, and to be accounted for, whether at the barquadier or at the place of manufacture or deposit, 22 V., c. 13, s. 34. He shall remit the duties on all Eum purchased for the use of the tie"°in ^vo" of the" army and navy, on proof that they have been paid, and that the whole of army and navy the Eum in respect of which remission of duty is claimed has been exclu- sively used by the array or navy, 22 V., c. 13, s. 35. The Eeceiver-General may appoint a Clerk in his office, who shall also i,„^',"e ^emo'r kSsk- be the warehouse-keeper in Kingston, at a salary not exceeding £300 per «ton annum out of the duties, with power to remove him, 22 V., c J 3, s. 36. When the In-givings shew, or it comes to the knowledge of the Be- on^umwMJiioS'ia ceiver-General, Sub-Collector or Collector of Eum Duty, that the mauutac- when manufacture tureof Eum has ceased on any estate, the duty on all Eum remaining on cca.ieson an estate hand, shall, after the demand by the Collector, be forthwith payable and be proceeded for, unless the person in charge immediately pay the duty or warehouse the Euro, 22 V., c. 13, s. 37. The Eeceiver-General, or any Sub-Collector or other Officer of Cus- ru^°tapro™riy ie". toms, Collector of Bum duty, Looker or Ganger, Justice, Inspector, Ser- moved or diaposed geant. Policeman or Constable are required, on view pr information that "' any Bum which having been sent to a place where there is a warehouse for sale, or been shipped from a barquaoier to be carried direct on board the vessel for exportation, has been landed or been sold for exportation, whilst at a bar- quadier has not been warehoused, or has been or is being removed from an estate in quantities less than 40 gallons and more than one gallon, wiih«ut a written permit from the person in charge, to seize and carry away the Bum, and^for that purpose to break open any outer door or enclosuie in the day time, and call any peace officer to their assistance, who is required to give his aid without the necessity of any warrant, under a penalty of £5 nu^ to be sold for every refusal and neglecl; and the Enm so seized shall be sold under the directions of the Eeceiver-General, Sub-CoUeotor or Collector of Dues, and the proceeds, after paying costs and charges, shall be paid to the use of the Government. Every person in whose possession, or on premises in the oc- cupation of whom any Eum is seized, shall forfeit equal to treble the j„tf °SJ°° '™'''"' amount of the duty, or £100, at the option of the Eeceiver-General, 22 '' ' v., 0. 13, s. 38, ' 4i 642 HUM AND SPIRITS. lluliuf iu Basil oiTor The Governor iu Executive Committea may grant relief to auy person sbewingi within 12'montb8 of the date of tlje in-giving, that an error has been made in an}' return, by the prodaotion of a copy, certified by the Ee- oeiver-General, and such other evidence as they require, accompanied an the case of export by a certificate of the lieceiver-G-enecal in Kingston, or Sub-Collector, with the bills of lading and a declaration of identity, and the Receiver-General shall allow the amount of the relief, 32 V., c. 13, s. 39. And they may also remit any penalty or a portion, 22 V., c. 13, s. 40. Every Siib- Collector and Collector of Eum duty, before he proceeds to perform any duties, shall take and subscribe the following oath before a Justice of the parish for which he is appointed, and who shall transmit it to the Eeceiver-Geueral to be kept by bun : I, , Sub-Collector or. Collector of Earn duty for the parish of do swear that I will well and faithfully execute and perfoim the duties required of me as Collector of Eum duty, under the Act entitled the Eum Duty Collection Act, 1838, and witliout fear, favor or affection, use ray utmost endeavors to discover and give information agaiiKit every person who shall make a false re- turn, or in any manner seek to evade the duty imposed upon Rum by any Act of the Legislature of this Island, or who shall be con- eenied as the factor of any estate, without being registered as by the above cited Act is required, or shall sell Rnm as a dealer or retailer without being licensed within the parish for which I am appoiuted. So help me God, 2;i V., c. 13, s. 41. ■ FortniBiiUy re- Each Sub- Collector and Collector of Rum duty shall, once in every Inm'y'&r'"''" °' fortnight, (ses .3 V., c. 27, s. 13 infra) trausmit to the Receiver-General the counterpart of every duty paid permit delivered by him, with a true and particular return of all moneys received by him foj' duties upon Eum, specLfyiDgthe numberof gallons of Eum upon which duty has been paid, the proof or strength, the amount of duty paid iu respect thereof for each par- ticular estate or person on which or by whom any such Rum has been sold, signed and certified as follows : I, A. B., Sub-Collector or Collector of Eum duty for the parish of do certify that tue above is a just and true account of the quantity ard strength of Eum, with the names of the estates from whence, or persons by whom sold, for which duty paid permits have been granted by me from the day of " to the day of inclusive, and of the moneys which I have received for duty under any Act of the Legislature of this Island. A. B. and shall at the same time pay to the Eeceiver- General the amount of the moneys received by him for duty, deducting a commission of £.2 10s. per cen- tum by way of compensation for his trouble, 22 V., c. 13, s. 42. mid '"eauger'w" •'^"'^ shtxU Once in every fortnight after the receipt of the returns to be turns made by the Locker and Ganger under any Eum wai'ehonsiug Act, trans- mit the same to the Eeceiver-Geueral. with the counterparts or duplicates of all warehousing certificates granted by them on the warehousmg of Rum 22 v., c. 13, s. -13. Weekly tranamis^ He shall once in every week transmit to the Receiver-General the du- and doiUOT pM-* phcate of every duty paid permit, and every delivery permit delivered by mit« and ofraoeipis him, with a true and particular return of all amounts received for Eum du- for duties ties, according to such Form as the Eeceiver^General shall direct, and at the same time remit the amount of duties receivedby him to the Colonial Bank (S6B' Eeceiver-Geueral moneys transfer) or otherwise as by law directed, 28'iV,c. 27,3.13. Distress weri'nnt " On production of a certificate of the Receiver-General, that Rum for duties (in Re- duties are due by or in respect of any Estate, or by any person on account eorMoat ° "' "' ' ol any Rum, any 2 Justices, on the request of the Sub-Collector or a Col- letor of Rum duties, shall issue their warrant, authorizing the Sub-CoHeotojr or Collector to distrain for such duties ou auy goods found on such Estate^f^ " or in the possession of such person whereon a landlord might distrain forj' rent iii avrear ; and such Sub-Collector or Collector, or his Deputy may break open any outer door or enclosure in the day time, auB call any Peace (if-. fleer to his assistance, who is required to ^ve his aid without the necessity of any wanant undar penalty not exceeding Ji^S, S3 V<, c. 13, B. 44. KUM AND SPIRITS. , 643 Every 8ub-Collectoi',&o., after keeping any distress for 14 days, unleaB Baio ofwr n dnfn redeemed, may sell same or a sufficient portion to satisfy any unpaid duties »"'""«"'"''""" and expenses, including £5 per cent, commissions on the duties, and re turn the overplus on demand to the party distrained upon. Perishable goods Perishable goods may be sold earlier, allowing such reasonable time as the nature or state of the goods will permit to redeem. No distress shall be redeemable without payment of the duties and charges including commissions to the the date of tender, 22 V., c. 13, s. 45. Before sale the Sub-Collector, &c. , shall give 5 days notice in writing, s Days' notice of alfixed at the Court House, of the day and hour of the commencement of '"'° the sale, (between 10 and 12 o'clock) the articles levied upon, and the name of the person or property j or may, by consent of the party disirained ou, or for sufficient cause adjourn any sale, giving alike notice, 22 V., Adjourned Soio c. 13, s. 46. Live stock levied upon may be allowed to remain ou the Estate, &c., in . uve stock, bond the custody of the proprietor, on his request, and entering into bond (Form to produce m sale I) with 2 sureties (exempt from Stamps) in a penalty double the amount of the duties conditioned fortheii" delivery at the time and place appointed for the sale, or adjourned sale, or payment at such time and place of the du- ties and commission ; but not to release the Sub-Collector, &c., from his lia- bility, to collect the duties 22 V., c. 13, s. 47. Property in receivership may be distrained ou without previous ap- EoeoiTershiii pro plication to the Courtof Chancery'for permission, 22 V., c. 13, s, 48, ■"""^ Any Sub-Collector, &c., may proceed by action, or in the proper Action and potty •Court for debtp not exceeding £ 10, when the duties do not exceed that fof'^dntif,"™''""'^' sum to which the party is answerable, for the recovery of any duties in ar- rear, in his name, describing himself as Sub-Collector, &c., for the pa- rish in which the duty is charged, and shall not be abated by death or re- moval, but the same and all subsecjuent process to enforce payment shall nolwitl-utiiuding be continued in hjs name, under the direction of the .Siili- Collector, &c., for the time being, until the duties and costs are paid, 22 v., c. 13, 3. 49. Upon the iusolveiiry of any person charged with 'payment of Rum Duties, n prior dntie:^, the sum charged, whether it has become due or not, shall, to the ex, charge on assets or tent to which the duties remiin unpaid at the time of the insolvency, be j," iSi'se" "'""'' the prior charge and lien upon his Estate and e'leota in the hands of the insoiyent di« official or other Assignee, and be by them paid thereout, and the insolvent "''"rsed relieved ami discharged from payment, 22 V., c. 13, s. 50. When the goods of any person char.iecl with duties or any instalment cuHcs to botStii- thereof, whether dii^ or not due, shall be lovJed by the Provost Marshal un- fiedout of proceeds der any process, or any Collector of Petty Debts,. the Sub-Collector or Marailai '& ^'' '"'°" Collector of IJum duties, may make solemn declaration in writing before ' "' a Justice in his parish that t!ie person is indebted for unpaid Rum duties in su. h parish, and the amount, ana that he is unable to lind oilier sufficient goods whereon to distrain thereof, and t!ie Provo.st Marshal or his De- puty or Collector of Petty Debts, or his Deputy, or both, shall pay over to sucit Collector, &c., the nett proceeds, or a BufficiLiit portion thereof inor to- -wards satisfaction of the Rum duti'3s or insiulment so declared to be due, upon being demanilcd, and the declaration or duplicate being delivered to the Provost Marshal, &.C.. to be returned to the Court as the authTity for such payment, 22 v., c. 13, s.-'il. * Every otilcer or person acting in the execution of any duty under this officers, &o. vest Act, shall be vested with all the powers find protections of Collectors of ed with the powers Tayea or Collectors of Dues, and they shall have the like power oi entry coiiecSw Duel to make a distress as Collectors o'' taxes or dues, 22 ^^. c. 13, s. .5,3. If the Receiver-General shall, by affidavit of himself or some other Attachments for person, shew to a Judge that any person is indebted or accountable for duties against the Rum duties not less than £50, and neglects or refuses to pay the same and t"""" P™!"": has not paid or accounted for the same as required by law, the Judge may issue an attacljmeut, bearing date the day it issues ,*o the Provost Marshal or his deputy, to arrest the body and seize and secure the goods, chatels and personal property of any such person, or such goods as. belong to him, or shall have come "into the hands or possession of nimself or of his executors, administrators or assigns wherever the same can be found ; and in case the money due for such duties or the account of such person shall not be paid or rendered or satis^ed or settled to or with the Keceiver-fJeneral (5jJ4 kum and spirits. within 14 days after seizure, or a sale shall not be stayed by order of a Jndffe, the Provost Marshal or his Deputy shall sell and dispose of all such goods or any par I thereof, and satisfy toUie Receiver-General the sum not accounted for or paid over, vrith costs and charges, and restore the overplus to the person entitled, 22 V., c. 13, a. 53. Bail and stay of The party may apply to a Judge by affidavit to be admlted to bail, and sale to stay the sale to enable him to apply to the Court at its next sitting to dis- charge the attachment, which the Judge may grant on sufficient cause shewn, 22 v., c. 13,s. 54. Forms of duty Printed Forms of duty paid permits bound up in a book, shall be sup- ^Wb^tioS • Bee P^'^* ^^ *® Eeceiver-General to the several Sub-Collectors and Collectors 28 V., 0. 27,' s. 7, of Rum duty, and similar duty paid permits shall be kept in his office. Such sup, ' ■ ' ' permits in every book to be numbered consecutively from one upwards, and the numbers to be stamped or printed upon them. The Eeceiver-General, &c., on receipt of the duty upon any Rum, shall fill up and cut out pro- gressively the printed form in the duty paid permit book, and deliver to the person paying the duty a signed duty paid permit, making a corresponding entry on the counterpart of all the particulars stated in such permit, whicS duty paid permit must be delivered to and left "with the warehouse keeper before removing the Rum fi'om his custody, 22 V., c. 13, s. 55. Forms ware- Similar provision for the supply of books of warehousing certificates hous i n g certifl- to be delivered to the person warehousing Rum. On the deposit of Rum in the °* ' warehouse, and upon the production of the Locker and Ganger's certificate the Receiver-General, Sub-Collector, &c., shall fill up and cut out progres- sively from the printed forms in the book, and deliver to the person ware- houBiug, a warenousing certificate signed bv him, setting out the date, the number of casks and gallons, and strengtn ol the Rum warehoused, the Estate and parish, the name of the factor, if warehoused by one. and of the person by whom warehoused, with the number and situation of the warehouse, making a corresponding entry in such counterpart and on the counterfoil of the particulars stated in such certificate, 22 \., c. 13, s. 56. Penalties for If any person having any Rum in his care, custody or possession, or or re- selline, So. con- under his control, sell or remove, or permit such Rum to be sold tfoS '^sula- moved, except as and under the regulations of this Act permitted, before duty paid, he shall forfeit not exceeding £100, nor less than £20 besides being liable for all the duties payable, 22 V., c. 13, s. 57. Penalty for 're- If any person receive any Rum from any person or place (except in ceiving rum the oases and manner, and under the regulations,) before the duty has been fatten^ '^' paid, he shall forfeit not exceeding £100, nor less than £20, and shall be further liable for all duties payable thereon, 22 V., o. 13, s. 58. Warrant of (lis- When any person in charge of any estate is convicted of having sold, ilis- tresa against par* posed of, or removed any Rum , any 3 Justices of the parish in which the es- ty in charge and (ate is, at tlie time of the c®nviotion, or afterwards, npon requisition of the vei^GeneraVsljer.^ Receiver-General, .>nb-Collector, &c., and on production of the conviction, titicate or of a copy certified by the Clerk of the Peace, and on a cei tificate of the Receiver General, or other proof that the duties are due and unpaid, shall issue to the Sub-Collector or Collector of Rum Duty for the parish, a warrant under Iheir hands and seals, authorizing him to" distrain upon all and every the goodajand chattels and personal property of the party so previously convicted ; and in addition, upon all and every the goods, chat- tels and personal property found npon the said estate, and all such goods, chattels and personal property so taken, to sell and dispose of, to satisfy and pay the said duties and the expenses of such distress and sale, in- cluding a commission of 6d. in the ponud to the Collector of Rum Duty thereon, and to restore the overplus, if any, in the former case, to the party distrained on, and in the latter, to the owner or person represent- ing the owner of the estate ; audit shall not be necessary to obtain any conviction for selling or disposing of Rum contrary to this Act, before en- forcing any of the powers given by any other sections for the recovery of duties, 22 V., c. 13, s. 59! ' Forgery, &o. of Kvery person who counterfeits or forges, or causes or procures to document' under be, &c., or assists iu counterfeiting or forging any permit, certificate or 22 V., c. 13 document by this Act required to be given by the Receiver-General, Sub-Collector, Collector of Rum Duty, or other person authorized to give the same in the stead of any such officer, or any part of any such per- mit, ikc, or counterfeits any impression, mark or stamp provided or ap nUM AND SPIRITS, 645 pointed by the Receiver-General to be put on such permit, &c., or who ntters, gives or makes use of any counterfeited or forged permit, &o., knov^iu^ the same or any part thereof to be, &c., or any permit, &c., ■with any such counterfeited impression, &c., knowing the same to be connterfeited, and every person who knowingly or wilfully accepts or receives any counter|eited or forged permit, &c., or any certificate or do- cument with such counterfeited impression, &c., knowing it to be coun- terfeited, shall be guilty of the like offence, and shall suffer such punish- ment as is, or was, by the laws of this Island, provided in the case of persons guilty of a similar offence in respect of Island Certificates and Keceiver-Generars Cheques, 22 V., c. 13, s. 60. Felony ; punishable by imprisonment not exceeding 3 years, with or Punlnhment without hard labor or solitary confinement not exceeding one mouth at any one time, nor three months in any one year, 4 V., c. 46, s. 2, 12. Or penal servitude not less than 4, nor exceeding 8 years, 21 V., c. 14, s. 3. If any person shall counterfeit or falsify, or wilfully use when counter- Forge ry, Ice feited or falsified, any duty paid permit, or delivery permit or document under 28 V., o. 27 requii'ed by this Act, or shall by any false statement procure any writing or document to be made for such purpose, or utter, put off or publish any forged or counterfeited permit or document, knowing the same to be forged or connterleited, he shall upon conviction be deemed guilty of a misdemeanor, and suffer imprisonment with or without hardlabor, not exceeding 3 years, 28 V., c. 27, s. 15. On requisition by and receipt of a certiflc.i'a sighted by the Receivei- Warrants againit General, in the case of a factor, that no return ir's been made by him as '*?^' "° Beoel- required, and in the case of the person in charge ol ^u estate, that it appears, yj^™ '" by some previous return or by some certificate forwarded to him, which he shaJl specify, that certain Hum, specifying the quantity, remained on hand to be accounted for, or was manufactured on, or disposed of from the estate (naming it), in the charge of such person at sometime during the quarter or other period of time elapsed since the last return, and the Rum remain- ing on hand has not been accounted for, and no return has been made to him in re&pect of the Kum manufactured upon the estate, or that, although a retui n has been made of the Rum manufactured on or disposed of from the estate during the period, the certificates, in respect of certain quantities of Rum mentioned in, and which ought to have been transmitted with the return, have not been sent to the Receiver-General, the Clerk of the Peace shall apply to a Justice, who, on production of the requisition from the Receiver-General, shall issue a summons to the factor, or person in charge of the estate, to appeal' and shew cause why, on referring to the certificate, he should riot be convicted of the offence charged in the summons, and on his appearance, or in case of non-appearance on proof of service, any two Justices, may proceed to hear the case, and the KeceiverGeneral's certifi- cate produced before them, shall be sufficient evidence of the offence charg- ed, and the Justices shall convict him, unless the party shew that the return or document had been duly transmitted, to the Keoeiver-General, [See 28 v., c. 27, s. 8,12 sup.] previous to the jlate of the certificate, 22 V., c. 13, s. 61. If any Sub- Collector, Collector of Rum Duties, Locker and Ganger, or Penalties on Col. other person acting in the execution of this Act, shall fail to make any retui ns, '^/JP" '<" neglect or tranpmit any document, or fail in the performance of any duty, or shall ™ °"'^ not comply with any written request of the Receiver General to report, or make a return to him on any matter within his duty, he shall forfeit not exceeding £10 nor less than j£5, 22 V. c, 13, s. 62. If any person neglect or refuse to make any return, or to transmit with On other per- any return, the certfflcates required to be transmitted within the times, or so"^ to pel form any duty, or offend in any manner against the Act, he shall for- feit not exceeding £100 nor less than £20, and £6 for every week the re- turn is neglected to be sent, or any of the documents transmitted, 22 V. , e. 13, s. 63. If any person neglect or refuse to transmit any duty paid permit, or any For neglect of return required by this Act, on the days, or within the times mentioned, ""^"n"™ /is v., or to perform any duty or thing required to be done, or offend in any man, ner contrary hereto, he shall forfeit not less than £5 nor more than £20- 28 v., 0. 27, s. 14. 046 HUM AND SPIRITS. To be'reoorered, enforced and applied under, 92 V.,c. 13: 28 V., o. 27, B. 17. False swearing Falsely swearing or affirming in any particnlar in any return, or making a false or untrue statement, declaration or return with a view to evade the duty punishable as perjury, and further to pay by way of fine treble the amount of the duly so evaded or sought to be evaded, and the prosecution to be a matter of public prosecution, 22 V., c. 13, s. 64, „ None but retailers shall sell Bum in less quantity than 40 gallons, 22 v., 0. 13, B. 65. son" ™St *n *n ^° proprietor, lessee, or person in charge shall, by himself or agent sell anestSe"^^ Eum by retail ou any Estate where Bum is manufactured penalty : jtiS and on a second conviction imprisonment in any Prison, not a Coimty Gaol, not exceeding 3 calendar months, 22 V.', c. 13, s. 66. Permits in wri- When Bum sold on an Estate for consamptiou in (liis Island, is re- ol^nm' in'oum- °^°"*'^'i f™™ 8"'^'' Estate in quantities less than 40 gillons, either at one or titles less than 40 various times, the person in charge of the Estate or distillery shall give to galloni tor con- the person taking it away, a permit in writing, stating the number of sumption packages delivered to him, the number of gallons contained in them, and that the Bum had been purchased, and the date when granted, 22 V., c. 13, B. 67. P"™""' *° ^ No person keeping a shop in which Eum is retailed, shall retail the retouea unaer ^8 ^^^^ ^^ ^ weaker bubble proof than 28, by the correct Glasgow bubble : pe- nalty 40s. recoverable before 2 Justices. The correctness of the bubble to be- ascertained by comparison with Syke's Hydrometer, under the supervi- sion of the Collector of Bum Duties of the district, 22 V., o. 13, s. 68. Mixing liouor Every retailer discovered to have mixed auy liquor sold by him with with other than anything else than pure water, shall be liable, on conviction before two pure water Magistrates, to a penalty not exceeding £5, 22, V., c. 13, s. G9. Any person may Any person may act as the agent of any other shipping Eum as before be an agent to mentioned, without being licensed as a dealer, or registered as a factor, ship rum y2 y^ ^ 13^ 3 j-q. Beeovery of Penalties shall be recovered before 2 Justices, and the offender com- penalties mitted until paid, 22 V., c. 13, s. 71. One moiety to be paid to the sub-Collector or Collector of Eum Du- ties for payment over to the Eeceiver-General, the .other to the informer who 6 competent to give evidence, 22 V., c. 13, s. 72. Penalties, 28 V. Penalties imposed by this Act, the recovery of which is not otherwise "• ' directed, shall be recovered and applied under 22 V.,c. 13; 2SV., c. 27,s.l7. Interpretation " Bum" shall mean and include Dietilled Spirits of every kind, and Coidials, Liqueurs or other compounds, wliether distilled or not, of which Spirits manufactured iu the Island torm a component part. "Collector of Eimi Duties," persons appointed to collect the duly where there are no Sub-Colleclors of Customs; 'i. Officer," any person acting under this Act, 22 v., c. 13, 8.73. The same meaning assignied to them in 28 V., c. 27, u. 10. mShort Title The Bum Duty Collection Act, 1858, 22 V., t-. 13, s, 76. Incorporation The 22 V., c. 13, except so far as repealed, altered, or modilied, or of 22 v., c 13 inconsistent with, or repugnant, incorporated with, 28 V., e. S7, s, MO. RUM AND SPIRITS. SCHEDULE— 22 V., c. 13. Eetuvn of all Eum on hand, and made on or disposed of fi'om Estate in the Parish of in the possession of from the* day of 18 to the day of 647 Estates l-bturUB, A, s. 2 18 * The Quarter Days as in the Act mentioned. Puncheons. Gallons. Proof. Remaining on hand on the ) day of 18 to be ^ accounted for ) Made from the* day of) 18 to the day of 13 Total to be accounted for Disposal. Exported as per accompanying ) export certificates J Sold for consumption in the ? Island S Sold for exportation as per ex- ) port certificate ) Loss by leakage and evaporatiou Consulted on the estate duty free Consumed on the estate liable ) to duty > Eemainmg to be accounted lor ; next Givings-iu, viz : — On the Estate- At the Barquadier In the hands of Factor > (naming him or tbem) 5 Total accounted for I do swear that the above is a just and true return of all Eum made, consumed on, or disposed of from Estate where such spirits are distilled, between the* day of ■ 18 and the* day of 18 and that the return is made out in the standard measure of this Island, and that nothing in the said return is intended to evade the said duty, or is contrary to the true intent and meaning of the Act, entitled " The Eum Duty Collection .\ct, 1858." Sworn before me, this day of 18 I, A.B., the person in charge of the distillery on Estate, in the Parish of do swear that the return uj ^«J?+1,., — 4...: — ,-.,^1-- "^. hereunto annexed is a true and faithful summary of the entries in the book kept in the distillery on this Estate as directed by "The Bum Duty Collection Act, 1858," and is also a correct return of all Eum on hand on the day of last past, and of all Eum made from the day of to the day of 18 and of the disposal of the same ; and flirther, that no Eum other than the Eum mentioned therein has been given away or consumed on the Estate, or sent from it to any person or place during the period embraced in such letum. A.B. Sworn before me, this day of 18 CD., J.p, * The Quarter Day as in Act mentioned, Dedar9,tiQn aimexedi: 6.3 648 BUM AND SPIHITS. o DO Ph .9 QQ a d o o o n SQ < •Ji o o tnaqj jo miii Sm JO spmq oq» ni •.I9ip ■joj pajnnoooB aq 01 a»Btsa aqj no Stnureuiaa 0} 9iqB!i OTOBg eq? no pacana -noo ^jnuBnf) •eagjCinasTOsa aq} no paratis -noD ii^nnsaf) uopBJodBAa pnE 8Sb3[B9t jjq seoi •uoiTOJodxa JOJ piog XinUBtlf) ■pnBisi aqQ tn no^aranenoQ JOJpiogiqijaEnf) ■pavod •apBjj snoiiBQ JO ■ON ARaaAv [Biox ■apBM rang jo eaoxiBO ■isa •q?nonipu«aB9i RUM AND SPIRITS, 649 Port of Masters of y»». sels ilcolaration, 0. All Acoouut of all Rum made iu this Island, and received on board the " " Master, for MS QQ , 2 ! grg CD ^6 C3 I , master of the about to sail from this port for do declare that the foregoing quantity of Eum, made in this Island, amounting in all to casks, containing to the best of my knowledge and belief, gallons, proof is actually and bona flde on board of the said ship whereof I am master, foi exportation, and that I will not land, or deliver, or suifer to be landed or delivered out of the ship, such Bum, or any part thereof, in any part of this Island, without permission first obtained from the Receiver-General or Sub- Collector of Customs. Declai-ed before me at the port of 18 this day of Jamaica, SS. Export Boclavation byperson m cbargre, Ij (]) do declare that puncheons or casks (3) e, s. i6 marked and numbered as per margin, and contaming gallons of Rum, proof are of the produce or manufac- ture of (3) in the parish of in the Island of Jamaica, and in possession of for (1) Proprietor of estate, or his known agent. (2) Specify the description of spirits, if other than Kum. (3) Name the Estate. 4k (J50 HUM AND SPIRITS. whom lam ami tliat such Enm hath been shipped on board the master for for exportation from this Island. Declared before me ) this day of J8 5 Purouaser, E, s. 16 I do declare that puncheons or casks marked and numbered as per margin, containing gallons of Eum, proof shipped on board the master for for exportaiion from this Island, (1) is the same Enm, and the whole of it purchased from on the day of last, aud manufactured on estate, in the parish of (2) and tbat such quantity is made up of, and includes the whole of gallons of Rum, proof manufactured on estate, in the parish of in this Island in the pos- session of fromT^hom I purchased the same on the day of last, through his factor or agent (if purchased from a factor or agent), and gallons of water added thereto by me. Declared before me this ) day of 18 J I hereby certify that puncheons hogsheads quarter casks, marked and numbered as in the margin, and containing gallons Eum, proof were cleared outwards as shipped from this port on tne day of 18 on board the master for as the produce of estate in the parish of Given under my hand this day of 18 A. B, Eeceiver-General or C. D, Snb-CoUector. (1) When Eum has been reduced previous to shipment, leave out the words "is the same Rum," down to " in the parish of ." (2) When the Eum has been shipped as purchased, leave out the words fi'om the words " and that" down to the end. RUM AN1> SPIRITS. 65i So o3 oo a a "^S" S" H Ti a > cc 8 a J ^ R & J3 qi? p F! 1=^ o I- I g p; Gsa RUM AND SPIKIT8. O g =^.a V P I •s Gts c !i ,a .S Kog 0.rt g "» ^ -^ " a •= -a -^ a 1 r ^ 1^1 M ^ f=l 0^ (D S " m made i andt the aboTi the Act 1 ^ i T3 ■ 1 B d s f-" m = 'i 1" S s § 9 M .3 1 -5 1 g GO 1-1 > ;l ^ ^ 1 ^ "S ' C 3 3 3 above is a just tween the* this Island, an ectioa Act.") day of :.sl§ : ■5 i1S| " 1 ^^■s^ * i.g§ f -1 2 (> ai cirO i pneq'no Surareniaa ■a! GO o aanoqajBM ui noiiBJod -BAg pnB aSBSiBai iq esoi asnoqgjBj^ m SmniBtnoa •8lB}3j[ 9\{% no paninsnoo •9}B?8a no nopB.iod -BAa pnB aSBJiBaq; iq S90i "saiBOTjiuao J9d se pajjodxg ■pirB|8i aq} m nojidinnaaoa joj pjog 1^ ■joj pajnnODOB aq oi iBjox •ojinaa ((SBi aotns apBu •0 29 'jojaTjdoJd: JO mrnaa ?9B[ jad puBq no SmnfBraaa 03 w 00 « (354 Kt;M AND SPIRITS. Bond for Slock JAMAICA, 6s. ulatralned on, 1, ' ■" Know all ineu by these presents, that we, A. B., of the parish of in the county of and Island afore- said, and C. D. and E. F., of the same parish, are held and firmly bound to G. H., of the parish of Esquire, Sub- Collector of Customs, (or Collector of Rum Duty) of tbe said parish, in the sum of of lawfm money of Jamaica, to be paid to the said Gr. H., his executors, administrators or assigns, for which payment, to be well and truly made, we bind ourselves and each of us, and any two of us, and the heirs, executors, arid administrators of us, and each of us, and of any two of us jointly, severally and respectively firmly by these presents. Sealed with our Seals, dated this day of in the year of our Lord one thousand eight hundred and Whereas the said G. H., as Sub-Collector of Customs (or Collector of Rum Duty) as aforesaid, has levied upon (state number and descrip- tion of Stoclj) for the sum of for Rum Duties due to the public by the above bounden A. B., (or by of ifcc, as the case may be) for'tbe year and whereas the said A. B., as the owner or person in charge of estate has requested the said Sub-Collector (or Collector of Rum Duty) to permit the said Stock to remain on the said until the day of sale, and the above bounden C. D. and E. F. have consented to join the said A. B. in this obligation. Now the condition of this obligation is such, that if the said A. B., his executors or administrators do and shall produce and deliver to the said G. H., Sub-Collector of Customs (or Collector of Rum Duty) as afore- said, his executors or administrators, the several hereinbefore men- tioned Stock, at the time and place which shall be appointed for the sale thereof, or in case of the postponement or the said sale, then at the time and place fixed by such postponement and adjourn- ment, or otherwise do and shall at the time and place of such sale, or postponed or adjourned sale, well and truly pay to the said G, H., as Sub-CoUecLor of Customs (or Collector of Rum Duty) as afore- said, his executors or administrators, the aforesaid sum of being the amount of Rum Duties for which such levy was made as aforesaid, together with the amount of the commis- sions of the said collector of taxes on the said sum of money, at and . after the rate of five pounds per centum, then this oLligation to be void and of no effect, otherwise to be and remain in fall force and virtue. Signed, sealed and delivered in the presence of C. P. KUM AND SPIRITS. 655 s 2 0! a bo _3 .fc 5 ■a •5 O 3 S o «ti P4 a n MiwaadE aivdiijia 1 2 o si !5 <« O a « 1^ a a iiwaad aivd -Axaa d f;" bq" « 1 g -JM " 5 pt . 'g § Q a a o S * So > "5 u o a s. B « ■a ;2; Q 1^ ^ ^ O C3 o as ft ^ fH i^ % ^ 656 KUM AND SPITITS. S S Q •a o 3 a^ 5? T3 iiwaad AaaAin^a ! = 1 -g 1 g 1 5 » a "^ I I I fi g Si S- .S . I 1 -8 §= •§ I I a 2 £ 2 i ja 3 S 'ti ns "^ll 1" 13 §•52 8 OS 'y y xiwaad iaaAnaa n g £ o Er S a 1 I w u„ O CO C3 _Q o a o g 1 ^ g >1 <• FQ S o S f^i RUM AND SPIRITS. Warehouses. The Governor in Executive Committee may authorize the warehous- lug of Enni in any warehouse in any port in which imported spirit^ may be warehoused, under 17 V., c. 2, which is extended and made applicable so far as it will apply, and also under the provisions of this or any other Act, regulating the warehousing of such spirits, and may appoint such num- ber of places in addition as warehouses for Rum (or such number of other places for such purpose, but not exceeding 2 warehouses in Kingston, as they consider necessaiy, in which Rum shall be deposited without payment of duties, under such security, by bond from the proprietor or tenant with one or more sureties for the payment of the duties on all Rum deposited therein in such penal sum as they shall fix, and subject to the regulations of 17 V„ c. 2, and such others as they may make respecting the warehousing of Rum, and may revoke their approval of any warehouse, appoint others, and direct the removal of Rum therefrom, and its disuse as a warehouse for Rum, 22 v., c. 14, s. 1. And may appoint in each place where there is a warehouse approved of, a proper person to execute the duties of Locker and Ganger under the control of the Collector and Controller of the Customs in Kingston, the Sub-Collectors at the other ports, and the Collectors of Rum duty at places where there are no Sub-Collectors at a salary, not exeeeding, in case of a new ap- pointment, £125 per annum, and where an officer of the Cnstoms is ap- pointed, not exceeding £40 per annum, in addition to his present salary, and require of him seenritv for his good conduct as such as they deem rea- sonable, 22 v., c. 14, 8. 2" They may increase the salary of the head Locker and Ganger in Kingston to £250 per annum, 28 v., o. 27, s. 19. Any person desirous of warehousing Rum shall make an entry with the Receivor-General, in Kingston or the Sub-Collector or Collector of Rum duty in any other place, containing such particulars and arranged in such form as the Receiver-General shall require, and the Receiver-Ge- neral, &c., shall grant an order to the Locker and Ganger to receive the Rum corresponding with the particulars of entry, and shall authorize him to receive, warehouse, and gauge such Rum, and the ^person making the entry to whom the order is to be delivered shall be responsible for, and shall deposit such Rum in such warehouse (immediately upon its receipt if brought by land, and upon its being landed if waterborne, 28 V., c. 27, s- 18.) Penalty, treble the duties, or £100 at the Receiver-General's election, 22 v., c. 14, s. 3 ; 28 V., c. 27, s. 18. When in any place other than Kingston it is necessary to send Rum to a warehouse previously to making the entry, the Locker and Ganger may receive such Rnm into the warehouse, and immediately report the receipt to the Sub-Collector or Collector of Rum duties, but the person sending the Rum must as soon after as convenient make the entry and obtain the Older 22 V., c. 14, s. 4. The Locker and Ganger shall retain the order as his wai'rant, gauge the Rum, and deliver to the person warehousing a certificate that the Rum has been duly warehoused, specifying the number of casks, the quan- tity of gallons in each, and the strength, 22 V., c. 14, e. 5. • Upon the production of such certificate to the Receiver-General, &c., he shall give to the person who warehoused the Rum, a warehousing certi- ficate, Form Schedule A., 22 V., c. 14, s. 6. The holder of any Eum^warehoused and entered in his name, may sell or transfer same, on giving notice in writing of such sale or transfer to the Receiver-General, &c.,^2 V., c. 14, s. 7. The Locker and Ganger in charge shall gauge the Rum if required, and transfer and enter it to the name of the purchaser in his book, and communicate the particulars of transfer with the names of the parties to the Receiver-General, &c., when the seller shall be released from all claim for duties, penalties or forfeitures to which the purchaser is liable, 22 V. c. 14, 8. 8. Any person having Rum in a warehouse may examine and repair the casks, and fill up ullaged casks from others of the same Bum, draw off such Rnm into their casks, and take samples under regulations to be aade by the Customs without entry or payment of duty, 22 V., o. 14, 8.9. 4 L 657 To bo appointed by the Governoi" and Executivo Com mittee under regu- lations of 17 V , c. 2 ; SCO Customs L o c k T £ Gaugers Salary— Security Head Locker, &c Kingston Warehousing cu- try in Kingiton Receiving and gauging order Lockera, &c. cur- tlflCQtO Warehousing cur tlQcats Sale in warehouse Rum to be gnag- od if required, and tran s f e r entered and reported to the Receiver General Examination, fc pairs, samples &.c. 058 -BUM AND SPIRITS. Removal, duly Before any Rum is removed for consumptioii in the Island, the party pmd permit intending to remove it must canse an entry to be made with the Receiver- General, &c., containing such particulars and in each form as the Receiver- General directs, and the Receiver-General, &,c., shall giant an order cor- responding with the particulars of the entry to the Locker and Ganger to fange the Rnm, who shall on receipt theieof gauge the Rum, and certify y endorsement thereon the contents in gallons, and strength of the several ,;asks mentioned therein, and upon presentation of the orders so endorsed and payment of duties, the Receiver-General, &c., shall give to the person paying the duties a duty paid permit, which shall be the authority to the Locker and Ganger to deliver the Rum, 22 V., c. 14, s. 10. Rsmovai for ox- Before removal for exportation or deposit in another warehouse, the Re- SihS'woreho^e""' ceiver-Geueral, (fcc. Shall give an order on the Locker and Ganger for de- livery without the payment of duty, subject to such regulations as he consi- ders necessary, 22 v., c. 14, a. 11. To be cleared All Rum warehoused must be cleared for exportation or Island con- within a years im sumption within 2 years from the first entry, unless further time be granted BTantod"''" '""" ^y ™® Governor in Executive Committee or the Receiver-General may cause it to be sold for payment of duties and charges, and the overplus to be paid to the proprietor, 22 v., c. 14, s. 12. L c k r a, &c Books shall be kept by the Locker and Gauger in each place, cou- """dV "' /°"'°''''* taining full particulars of all deliveries into and out of warehouse, and an fans era transfers in warehouse, to be made in such form as the Receiver-General directs ; and whenever Rum is ganged, the quantity and strength, ascertained by gauge and trial, shall be written against the entry of the Rum in such of the books as the Receiver-General directs, 22 V. , c. 14, s. 13. Forinighoy and Every Loclcer and Gauger shall, once ia every fortnight in Kingston Quarterly returns and St. Jago de la Vega, render to the Receiver-General, and in other places to the Sub-Collector, or Collector of Rum duty, a correct return containing such particulars, and arranged in such form as the Receiver-General directs, of all deUveries into or out of the warehouse under his charge and transfer, in warehouse during that time, and farther, on 31st December, 31st March, 30th June and 30th September, or within 14 days after, make up a general return for the past quarter, shewing the quantities received and de- livered out during, and the stock in warehouse, at the commencement, and expiration of each quarter, with a column, shewing the loss by leakage or othei*wise in the warehouse, and such other particulars as the Receiver- General may require, such return to be signed Dy the Locker and Gauger, and delivered,^ v., c. 14, s. 14. Marks and nmn- A'l E"™ entered shall be warehoused with distinctive marks and num- bers of casks and herB ou each cask, and stowed so that easy access may be had to eveiy stowage cask, i2 v., c. 14, 8. 15. p aitv for omis- Every occupier of a warehouse omittins to mark, number or stow al' sion°on OTcnpier Rum as directed shall forfeit £5, 22 V., c. 14, s. 16. Or receiving into, delivering from, or taking out of warehouse any livOT™?" ?im'not Rum, which has not been entered with the Receiver-General, &c., shall entered wiui Recei forfeit not exceeding £100, nor less than £20 ; and where Rum is delivered Tor-Goueiai, &e. from Or taken Out of the warehouse contrary to this Act, shall be liable be- sides to the payment of treble the duties, 22 V., c. 14, s. 17. oocuDier to pro- The occupier shall, on request of the Locker and Gauger or the Re- duce au rum dopo- ceiver-Geueral, immediately produce to the officer making such request, any sited on demand s,am deposited or received and not delivered out, under any of the pro- visions of this Act : Penalty £100 over and above the value of and duties on every pai'celuot so produced, the value when received to be paid lo the owner by cUrection of the Governor in Executive Committtee, on si ewing that he was in no way implicated in, and had no knowledge of the making away with or removal of the Rum, 22 V., c. 14, s. 18. If any proprietor of Rum warehoused, or any person in their em- Tne wMlhouee"'""' ploy, with his knowledge, privity or consent, shtill by any contrivance fraudulently open the warehouse, or gain access to the Rum, except in the presence of the Locker and Gauger acting in the execution of his duty, he shall forfeit £100, 22 V., c. 14, s. 19. ConceaUng or re- Coucealingor removing, or being concerned in the concealment or re- moving rum moval of any Rum fi'om the wai'ehouse, harboring or concealing, or per- mifling, or suffering any such Hum to be havboi-ed, kept oS concealed HUM AND SI'IRITS. 659 Penalty, treble the duty, or £100 at the Keoeiver-Qeneral's election, 22 V., c. 14, s- 20. When any embezzlement or waste of any Knm takes place in any Embez^iomont or warehousej through the wilful misconduct of any Looker or Ganger, he waste shall be guilty of a misdemeanor, and punished accordingly, 22 V., c. 14, s. 21. When the proprietor prosecutes the Locker and Ganger to conviction, .,,TJl°i!J'i^f ?5fil!r uo duty shall be payable on the Sum so embezzled or wasted, and the relieved of ^duties damage shall be repaid by the Keceivei-General under the Governor's ""* dsmagoe to be waiTant and directions in Executive Committee, 22 V., o. 14, s, 22. repaid The Governor in Executive Committee may remit or return duties on nemission or re Rum lost by unavoidable accident on Rum wiiile receivable into, re- JJ^jJ't '''""°' °" mainingin, or on delivery from warehouse, 22 V., c. 14, s. 23. Rum, &c., shall bear the same meaningasin 22 V., c. 13, s. 73 ; 22 V. mterpretaticm .;. 14, 6. 94. If any Locker and Ganger fail to make any return, or transmit any r„5J,"^"fi" '° '"°''° document required by this Act, or any Act for the collection of Rum duty, to same effect, or fail in the performance of any duty under this or any other Act, or ssv., o. 13,». 62 shall not comply with any written request of the Rrceiver-General to re- port or make a'retum to him on any matter within his duty, he shall forfeit not exceeding £10, nor less than £5, 22 V , c. 14, s. 25. Penalties shall be recoverable before 2 Justices, and oifendeis com- Penalties mitted until paid, 22 V., c. 14, s. 26. 22 V., c. 14, except so far as repealed, altered or modified by, or in- 22 v., c. 14, ineor- consistent with or repugnant to this Act, is incorporated therewith, 28 V., £"27 c. 27, s. 20. 660 RUM ANT> SPIRITS, I CS I o -l > ea ?l 6 a ttn kJ t) o fi u 3 w IS o ffi o ^ K; Q a S BUM AND SPIRITS. 661 Licences. No licence shall be granted lo retail Bam or other spiritnous liCLUors, ifot to be granteii on any place whereon or on any part whereof Bum or other Bpirituous li- spirS ""or™ man" quors are manufactured, 18 V., c, 26, s. 8, revived by 22 V., o. 13, s. 74. facturoa No person shall, either himself, or bj; any one on his behalf, deal in, or No Spirits to bo sell spirits by wholesale or retail, or permit spirits to be sold in any house in |!°{fi, ''^Slfthou' h- bis occupation without a license. fForm 1). Penalty not exceeding £100 conse nor less than £10, 23 V., S. 1 , c. 4, a. 1. Every sale of spirits without a license, either wl^olesale or by retail, shall s»ios for profit be taken to be a sale for profit, and evidence of any sale shall be evidence prima facia and conclusive, unless contradicted, of a sale for profit ; and it shall be upon the defendant in any proceeding for a penalty or ofience, to shew that tne sale was not for profit, and every act of selling spirits without ♦ such license at any place, whether in any house or building, or covered or enclosed place, or in the open air, or in any quantity exceedmg, or less than the quantity authorized by tbe license, shall constitute an oifence against this Act by the person selling, 23 V., S. 1, c. 4, s. 2. No person shall hawk, or sell, or expose to sale any spirits in or about Hnwkins Sphiis any street, lane, road, highway or other place, or in or from any boat or vessel upon the water or shore, or in any other manner or place except as is licensed or allowed under this Act ; Penalty, forfeiture of all such spi- rits, and £10, or some mitigated amount not less than one half, 23 V., S. 1. c. 4, s. 3. Any person may sei/.e and detain any f-iirits hawked or sold, or ex- spirits may bo posed to sale in any manner prohibited, and call mi any Policeman or Con- soizea and hawker stable, whose duty it is, either when called on or when he of his own view '■^vetim^ea sees any person in the act of hawking, selling-, or exposing to sale in any manner prohibited any spirits, to apprehened and detain the party, and seize the spirits, or to receive them when seized by any other person, and carry the spirits and person apprehended before two Justices, to be dealt with for the offence, 23 V. S. 1, c. 4, a. 4. Not to prevent any person in charge of any place whereon spirits are cironmstanoes manufactured from selUng, according to any Act for the collection of Earn under which snios Duty,' or the personal representative of any person licensed who dies, or ""'' °"'" " the Assignee of any Insolvent Debtor belore the expiration of hie license in respect of spirits coming to them in those capacities, from selling any such spirits in the house licensed, or the personal representative of any person not licensed, who shall die leaving a private stock of spirits, or any person from selling his private stock not exceeding 50 gallons at any sale, on de- parting from this Island, or any licensed retailer from selling any spirits upon the absolute and bona dde transfer of any business, and the whole stock ill trade thereof, consisting of or comprising spirits, or any interest therein to any person either solely or as a partner with him on any change in the partnership for the transfer or release of his interest, or the Provost Mar- shal or any oflicer or person from selling any spirits under any process of law, or any Official Assignee from selling the unexpired term of any license of an insolvent as part of the assets, 23 V., S. 1, c. 4, s. 5. The Justices in Special Sessions shall annually grant licenses to deal in justices to erant Spirits by wholesale or retail to such applicants as they consider proper to licenses be licensed, 23 V., S. 1 , c. 4, s. 6. The Gustos shall summon a Special Session to be holden on or before 31st Special Sessions Jlarch in each year, for the purpose of receiving applications from persons '° '"' summoned desirous of obtaining wholesale and retail licenses, to be summoned by public advertisement at least 7 days in the " Jamaica Gazette," or any newspaper usually published or in circulation in the parish, and such Aiijoninmcm .Session may be adjourned from day to day, or from one day to another, until the whole of the applications are disposed of; but if there are not 3 Justices present, any Justice may adjourn from day to day until 3 attend, ■J3 v.; S. 1, c. 4, s. 7. Any Gustos thereunto required by tbe Glerk of the Peace, who re- jfeeteet to sum fuses or neglects to summon such Special Session, shall forfeit not ex- mon Session— Cns- ceeding £30 ; and any Clerk of the Peace who refuses or omits to re- '"" quire the Gustos to summon such .Special Session within the time, shall forfeit not exceedmg £30, nor less than £10, 23 V., S, 1, c. 4, s. 8. 662 BUM AND SPIRITS. ^"ted ° t '^'t ^° "^^^ Justices in Special Session, to be summoned in like manner as *aS iw v""o- ss' ^bove, may grant licenses at any time during the year to applicants ap- ».3, inf. ' ■ ' proved of; but they shall pay me full amount fixed for every such li- cense, 23 V., S. 1, c. 4, s. 9. Applications All applications shall be made in writing, and lodged with the Clerk of the Peace of the parish in which the applicant intends to carry on business, at least 2 days previous to the day fixed for holding the Spe- Papmant to Col *'*! Session ; and every person applying for a license, shall'pay to the lector of Dues Collector of Dues the amount of the license, and three pounds on each license as a commutauos in lieu of Stamp Duty (except in case of retail Kotaii lieensBs licenses in parishes other than Kingston and "St. Catherine one moiety of which, and of the commutation Stamp Duties, shall be lodged at the I same time with the application for every iuoh license, 98 V., c, 25, s. 2;) and every application shall be accompanied' by the receipt from the Col- lector of Dues (Form A) for the amount paid to him, and no application shall be entertained, which is not accompanied by such receipt ; but if the application is refused or rejected, the Colleotor of Dues shall, on demand, repay the amount paid without deduction, 23 V., S. 1, c. 4, s. 10. liereTes'"'''"'''''""' • ^°' ^^"^ license to deal in or sell Spirits by wholesale, there shall be In Kingston £10 In every other parish 5 For each license to retail Spirits, and for each Tavern license — In Kingston and St. Catherine, for a retail license £25 In Kingston for a tavern license 25 In each other parish for a retail license (28 V., c. 25, s- 1) 20 For a tavern license 5 23 v., S. 1, c. 4, s. 11. Separata whole A license to sell Spirits by wholesale, shall not authorize the person veni uecneca '"' *? 'whom it is granted to retail Spirits or to keep a tavern, nor shall a license to retail Spirits or to keep a tavern, authonze the person to whom it is granted, to sell Earn in quantities exceeding 100 gallons, or other Spirits in quantities exceeding 25 gallons ; but no person who in approved shall be prevented from taking ont a license to sell Spmts by wholesale, and also by retail, and as a tavern keeper, 23 V., S. 1, o. 4, s. 12. Payment of iM The Other moiety of the retail license and commutation Stamp Duty ranse's' "etowhe're therefore shall be paid to the Collector of Dues on or before 10th August, than in Kingston in default of which payment, any Justice shall, on application of the and in St. catberine Collector of Dues, through the Clerk of the Peace, issue nis warrant di- recting the recovery or enforcement of the second moiety and costs, and £50 as a penalty for the default, by distress and sale of the goods of the person to whom the license was granted or may have been transferred, and any goods found on the premises in respect of which the license is held, 28 V., c. 25, s. 2. Afteriotii Augu>t Any such retail license applied for after 10th August, shall be charge- proportionaipartof able With a proportional part only of the sums of £20 and £3, to be calcu £20 licenic to be jated for the fractional part of 12 months to elapse from the dale of applica- ''"' tion until the 4th Aprilensuing, and the < Collector of Dues receipt for such proportionate amount shall be lodged with the Clerk of the Peace, together with such application, 28 V., c. 25, s. 3. Paymenuevor by '^^^ Collectors of Dues shall pay over the moneys received for licenses, coiiactorof Duesto and stamps, (less 5 per cent commissions) to the Receiver-General, witliin 14 Kpceivor Oenerai ^^yg after receipt, to be carried to the credit of the pub lie for Spirit Licenses, and Stamp Duties respectively. Penalty on defaulting Collector, £'iO, 23 v., S. 1, c. 4, s. 13. Clerk of tiio The Clerks of the Peace shall transmit to the Receiver-General and Bc5°vOT GTn°e'r ai Collector of Dues within 10 days after each Special Session, a return of the a n'a eoiiaotor of number of licenses granted thereat, and the names of the persons, distin- Diiesofiiomsos guishing the wholesale, retail and tavern licenses : Penalty £20. And trans- mit a copy for publication in the Gazette within the same period under a like penally, 23 v., S. 1, c, 4, s. 14, RUM AND SPIKITS. (J 6 3 Every Clerk of the Peace shall, under a peualty not exceeding £30 noooids anaiisin nor less than £10, keep a book to be provided by the Executive Committee, J,^''Sfe '"""°* and enter and record therein all receipts and lioeuses within 10 days, and uu der the like penalty cause alist of the names of all persons who obtain li- censes to be fiiirly ti-anscribed, and set up in the most public part of his of- fice, y3 V., S. 1, c. 4, b. 15, For every license there shall be paid to the Cleik of the Peace 10s. by Hisfoos the party for performuig all Lis duties, and no other charge or demand shall be made under peualty of £20, 23 V., S. 1, c. 4, s. 16. Licenses shall be taken out vpithin 14 days, or the right to take out the Period within same or any other license of the same kind during the current year shall be '^¥°'' *" ""■ ""'™ forfeited, 23 V., S. 1, c. 4, s. 17. °"' Licenses shall unless forfeited, continue in force until 5th April, in the Duration succeeding year, 23 V. S. 1, c. 4, s. 18. Every wholesale vendor shall, on the 30th June, 30th Septr., 31st Decern- notums of wbole ber and 31st March, or within 14 days after, so long as he continues to sell saie^onflors spiiits by wholesale, make quarterly returns (declared to before a Justice) to the Receiver-General (FormB.,) of all spirits disposed of by him to any retailer or other person during the quarter, setting out their names in full, the date, quantity sold, name of the vessel in which, and the time when Bi'andy, Gm or other Spirits or Spirituous liquors were imported, if im- ported bv himself, if not of the persons from wnom, and the time when pur- chased. Every retailer and tavern keeper shall also make quarterly returns icetaitors and (declared to before a Justice at tho above periods) of all Rum, Brandy, Gin, Tavern keepers Whiskey and other Spirits or Spiritous liquors, imported by him or pur- chased In the Island, from an Estate or dealer in such Spirituous liquors during the quarter (Form C.,) mentioniug the names in full of the vessel and master in which such Spirits were imported , and the date of importa- tion, and the names in full of all persons , or of the firm or estate from whom and when pm'chased : Penalty 40s. for every day of neglect or imprisonment with or withort hard labor not exceeding 10 days, 23 V. S. 1, c. 4, s. 19. No person shall sell Spirits by retail, or as a tavern keeper at more Tavern i^eepers than one place under one license, penalty £50, 23 V. S. 1, o. 4, s. 21. Any person duly licensed may carry on his trade or business in booths, Places of amuse tents or other places at the time and place, and within the limits of hold- i"™' ing any lawful or accustomed amusement or exhibition, or at any pub- lic races in the parish for which he has a license, at any time during which the sale of Spiiits is not prohibited by law, 23 V. S. 1, c. 4, s. 22. Retailers in Kingston and St. Andrews may, under the preceeding Kingston Race section, retail Spirits on the Kingston Race Course during the races, 23 v, Course S. 1, c. 4, s. 23. TheCustos may sanction the removal of the place of business of a Rem9val of place retailer from one part to another in the same town, or parish, or the f|r „? license """ transfer of a license from one person to another by order (form D.) to be en- tered in a book by the ClerK of the Peace : His fee Is. 6d., 23 V., S. 1, c. 4, s. 24. No person licensed to sell by wholesale, who is not also licenred to re- Minimum qunnti- tail spirits, shall sell Rum in quantities less than 100 gallons, or any Brandy tiesito be sow by Gin, or Whiskey in quantities less than 25 gallons, or any Brandy, whiskey, wholesale ioaiera Cordials or Liquem-s imported in bottles in quantities less than 1 dozen reputed quart and two dozen reputed pint bottles : Penalty, £10, 23 V., S. 1, o. 4, 8.25. Every licensed retailer shall cause a board to be affixed in the front of license bond the house in which he retails Spirits, over the door towards the public street, lane, or road with his name, and the words "Licensed to retail Brandy, Gin, Eum and other Distilled Spirits," painted in white letters on a black ground: Penalty not exceeding £3, 23 V., S. I, c. 4, s. 26. Persons not duly licensed, selling or delivering Spirits to any one under ^^^1^^,.^^^^,^ pretence of his paying for eating only, without any charge for the Spuits shall be deemed to have sold Spirits without a license, and be liable to the penal- ties, 23 V., S. 1, c. 4, s. 27. No person obtaining a tavern license shall sell Spirits, to be taken Spirits not to be away for consumption in any other place; Penalty, not exceeding, £10 nor l^lSitmetS.nm' lees than £3, 23 V., S. 1, o. 4, s. 28- 664 Koquisites f 1' tavern licoQsos Not to be granted where a shop is kept 8. 2, RUM AND SPIRITS. No Tavern license shall be granted without proof by the evidence of persons of good repute, which evidence the Justices shall in no case dis- pense with, that the premises intended to be used as a tavern, possess unf- ncient and proper sleeping, and other apartments for the accommodation of traveUers, and fit and proper Bta,bIingfor horaes, 23, V., S. 1, c. 4, s. 29. Nor where a shop is [kept to sell goods of any description, 18 V., c. 55, Hours during No house in which Spirits are retailed shall be opened before daylight, ije'iettiie*"' ""''' ^"^ ^^^^ "P™ ^^^'^ " "' "'o'"^ "■' ^g^h *"^ licensed retailera selling, or caus- ing to be sold any Spirits, or opening, or causing to be opened, or keeping open their houses, or causing, &c., except between the hours aforesaid, shall forfeit not exceeding £10, nor less than £2, 23 V., S. 1, c. 4, s. 30. Disorderly con- Any retailer or tavern keeper permitting or sufiering, or not using his ''h'" '" IS' "^^ ^^^^ endeavors to prevent and put an end to any disorderly cr improper s ops an voms ggQ^ygt jq t{,g house. Or in part of the premises attached thereto, or not in all things conforming himself to law, and every person guilty of disorderly or improper conduct in the house or upon the premises, shall forfeit not exceeding £5 nor less than lOs., or be imprisoned, with or without hard labor, not less than 10 nor more than 30 days, 23 V., S. 1, c. 4, s. 31. Frostitutei gamb- Upon information on oath that any house licensed as a taveni or for '■"B retailing Spirits, is permitted to be the resort of prostitutes or gamblers, or other dissolute or idle persons, or is allowed to be the scene of loose, disor- derly or improper conduct, or dancing or drumming, any Justice may sum- mon the party licensed to appear before any two Justices to answer the premises, ana summon and compel the attendance of witnesses, and exam- ine them on oath, and on sufficient proof, the Justices shall certify the finding on the complaint to the Custos, with the evidence, and the Gustos shau summon a Special Session of the Peace, to take into consideration the evi- caiiceiiing licen- flence and certificate, and the Justices in session may cancel the Ucense, '"' and direct proceedings to be taken against the person lor recovery of the penalty imposed by this or any other Act, 23 V., S. 1, c. 4, s. 32. Kocovory of pen- Penalties shall be recovered by information before 2 Justices, and re- »"i«» covei'able by distress, or, on failure of goods whereon to levy, by commit- ment with or without hard labour, not exceeding 3 calendar months, 23 V., S. 1, c. 4, s. 33. One moiety to be paid to the Receiver- Greneml and the other to the informer, 23 V., S. 1, c. 4, s. 34. I'aisedeciiraUoni Falsely declaring : a misdemeanor to be prosecuted as a matter of public prosecution, 23 V., S. l,c. 4, 8.35. No witness or informer shall be disqualified from residence in the pa- lish, 23 V.,S. l,c.4, s. 36. Interpretations "House" shall mean a house bmlt entirely or partially of brick or stone, and include any shop, tavern, yard, or place in, at, or adjoinuig, or appurte- nant to which Spirits are sold or retailed, unless otherwise specially provided, or there is something in the subject or context repugnant to such constrac- tion; "Estate", the place whereon any Spirit is distilled or manufactured, "deal in, sell or retail," shall mean dispose of by barter or otherwise; " Spirits" , Eum, Brandy, Gin, Whiskey and other distilled Spirits and Spirit- uous Liquors ; "Occupation" shall mean possession, 23 V., S.l, c. 4, s. 37. Spirit License Act, 1859, 23 V., S. 1, c. 4, s. 38. Short Title ^ In force until Slst March, 1867,23 V., S. 1, c. 4, s. 40. This Act shall be read as incorporated with 23 V., S. 1, c. 4 ; and ap- s3v.,s.-i, c.4in jj|,j^^,jqj,j jqj liceuses made, granted, and disposed of, and licehses or^ratod with 28 J|.gJJgJ■gJ^,^j^ j^j held or cancelled, subject to the conditions, penalties, ' ■ or enactments thereof, except as altered, modified, or repealed, and all penalties byl Ms Act recovered and appropriated as under the former, & v., 0.88., 8. 4. Jamaica, se. RUM AND SPIRITS. FORMS, &c.— 23 v., u. 4. At a, Special SeBsiou of the Peace, held in and for the parish of ou the day of lu the year of our Lord, 186 for that purpose, A. B. of the said parish, having been approved of as a vendor of Spirits by ■wholesale in such pa- ish, and paid the tax required by law : These are to license the said to sell Spirits wholesale, or in quantities not less than arementioned in the "Spirit License Act, 1859," from the day of 186 to the 5th day of April, in the year of our Lord, 186 Dated this day of 186 G65 WholQsalo Llcunsc. Jamaica, ss. At a Special Session of the Peace, held iu and for the parish of on the day of in the year of our Lord, 186 for that purpose, A. B. of having been approved of as a retauer of Spirits, to be consumed in, or conveyed from a certain house at present occupied by him situate at (in a town, state street, and number) in the said parish, and paid the tax required by law : These are to license the said to sell and dispose of Spirits by retail, to be drank and consumed on the premises above- mentioned, or to be taken therefrom, at the option of the pur- chaser, in quantities not exceeding the quantities mentioned in "The Spirit License Act, 1859 ;" and provided that he do not wil- fully or Knowingly permit drunkenness or other disorderly con- duct on his said premises, but do maintain good order and rule therein : This license to be in force until the fifth day of April, in the year of our Lord, one thousand eight hundred and Dated this day of in the year of oui' Lord, one thousand eight hundred and Rutail Liveuse, Jamaica, ss. At a° Special Session of the Peace, held iu and for the parish of on the day of in the year of our Lord, 186 for that purpose, A. B. of having been approved of as a retailer of Spirits, to be drank or consumed in a certain tavern for the accommodation of travellers, situate at (iu a town, state street and number) in the said parish, and paid the tax required by law ; These are therefore to license the said to sell and dispDse of Spirits, to be drank and consumed on the above- mentioned premises, and provided the said does not permit drunkenness or other disorderly conduct in his said tavern and premises, nor permit or suffer any Spirits to be con- veyed from or out of his said premises, and maintains good order and rule therein : This license to continue iu force untu the fifth day of April, one thousand eight hundred and Dated this hundred and sixty day of one thousand eight Tavoru Licsuaos, Received day of 18b from of the Parish of the sum pounds for a License, for the Parish of and the further sum of three pounds, in lien of Stamp Duty thereon. Collector of Duea for the Parish of 411 Collector of Duos receipt, 8. 10, As to receipts formoietios of £-iO license and stamp, see 38 Y., c. 26, s. 3f 3fl 666 RUM AND SPIRITS. s s x o ^ jO r.H C71 s ^ .-H p^^ m a o PQ ■^^ bo'^ p w M Ph •3 S , s2 o S3.£ a* o '^ 3 «i •a -s. -IS pasBqojnd <()!)UBnb ajr|U3 aqj noijnara uaqi 'iJBd b ji jiuB ! pasBqajnd iji) -nranb aqi jo aioqM aqj .10 'jred B Bl p[08 ill} apBin SBM. asBqojnd aqj qDiqM. HI aeai Sqt JO ja)JBn^ puB JBai -pasBqa -jnd uaaq Sni&Bq aji 10 asBa m 'pasBqojnd 8BM. .fpTZBjg JO mn^ aq] moqM. mojj nuij lo noBjaj eqj jo aiiBji eaB|d }[00) noitB^Jod mi aqj qoiqM. m JBBi aqj JO lajiBn^ puB JBaji -pa -]jodm! SBJ^ pios ■o'2g '^pDBJ^ aq) qaiqM n; jasgaA aqt jo aniBji 'qi)SnaJC)S pnB s;ijTds panpsia Jaqjo JO enojiBS JO jaqnrajj •pios (sap loq m pajjodmi) b\v -jpjoo paB amanbiq; |6 sap^oq JO jaqriin^ •pioa ('sanjoq a; paijodmi) XpnBjg JO sa|])oq JO jaqranji qlSaaJis to '.ia^siqjiv JO saoiiBS JO jaqnin^ pios qi)Saaj}9 ig 'oiQ JO snojisS JO jaqninji •pios amss jo q4Saaj)BpaB 'ipaBjg JO eaoHBS jo jaqnin^ PIOS aniBs JO q^Snaj^s pnB 'mng JO sn6{IBS JO jaqmii^ ■pjos moqM og snu J aq) JO jo snos -.red aq} JO jinj n; sacoB^ 'papaj^a bbm aiBS qoBS UaqM qiaojii axp JO ivf ptM inoon '*^i. a o M^ n n p!! o a < <0 ■3 T3 I. Cm s^ SI'S ■■^ t, t ors day •s i-s ■ks' M P. 03J o o 5 ^•■s ^.a m o. ^m ■S'^'S ■s aclare, Spirit ended 1 S0 ;^ ->!(53 ^ ^1 '3 ""^i-s "so"^ d s o O A 00 I ■ 03 > II = 1 ^ >. 1 \! » 4 e3-S a g j!>," 'g'M g'-s § K- a, o Tt n T i-ic4 ^ ^ t^ 5^ KlIM AND SPIRITS. 667 is §5. l5 1 « 03 bo o M^ O |.2 as s f.g ^~ 3 S f4PM 03 m a ■" t; oj S ca & OS o .« «m 53 o o o g ffi 00 » ^o i-HtN 1 ' 668 . SALVAGE. Transfer of Li- Jamaica aa tense, D, g. 24 Jamaica, es. Pariah of Ordered, day of 186 '^''^' , . , carrying on buBinees as a retailer, or ta- vern keeper, in the of have per- miasion to transfer his license from the honse for which it was origi- nally granted to the house now in his possession, at (state street, and number of house, if in a town, or situation, other- wise), or to of the said of for the sale of Spirits by retail (or as tavern- keeper, as the ease may be.) A. B. Custos or Senior Magistrate St Domingo or Hayti. .t2.o?im!' to t-id. ^°'' "^® removal of all obatraetions to a trading and free intercourse .nd intercourse between this Island and St. Domingo or Bayti, by ttie repeal of such laws as tend to hinder or prevent such intercourse, 39 6. 3, c. 29 and 41 G. 3, c. 17 are repealed, 6 V. , c. 13, Salvage. «onS™t"°°'°^ t^i '^^^ Custos and Justices and Collector and Controller of the Customs of pre«erTjtton'ofTe°. every parish, upon application by, or on behalf of any Commander of any eeiandcareoindis- Vessel in danger of bemg Stranded Or nin on shore, may command the Con- """ stables nearest to the sea coast where the vessel is in danger, to summon and employ so many persons as shall by them be thought necessaiy, to the as- offlcers of other sistance and presei'vation of the vessel and cargo, and may also demand as- vcsieis sistance from the superior Officer of any Vessel of War or Merchant Ship, riding at anchor near the place, of their boats, and such hands as they can conveniently spare ; such officer in case of refusal or neglect shall forfeit £200 (£120Btg.), to he recovered by the superior Officer of the Vessel in distress with full costs by action of debt, &c., 53 G. 3, c. 25, s. 1. ^ Payment of Saiv- The Officers of the Customs and Master of any Vessel, and all others act- **' ing or employed in the preserving of any Vessel or Cai'go, shall, within 30 days after the service, be paid a rea'ionabie reward by the Commander or Owners of the Vessel in distress, or Merchant whose Vessel or Goods shall be saved, and in default the Vessel or Goods saved shall remain in the cus- tody of the Collector or Controller until all charges are paid, and«nch Officer and Master, of the Vessel and all others employed, shall be reasonably recom- pensed for the assistance and trouble or security given, to the satisfaction of Ascertainment & the parties to receive the same ; and in case the Commander or Owners of recovery ^j^^ Ygggel saved, or Merchant whose Goods are saved, shall disagi-ee vpith such Officer touching the moneys deserved by any of the parties employed, the Custos or Chief Magistrate, on application for the purpose, may give public notice for a meeting to be held, as soon as possible, of any three or more Justices to examine' persons on oath, touching the Salvage of the Ship or Goods, and to adjust the quantum of Salvage, and allot the same among the persons concerned in such Salvage, which shall he bmding upon all par- ties and recoverable by action by the respective parties to whom it is allot- ted, 53 G. 3, c. 25, s. 2. Salvage in t lie If any person not employ ed by the Master or Ownera Or Others lawfully emniovca""'"' °°' authorized m their absence, save any Ship or Goods, and cause the same to be carried for the benefit of the owners or proprietors into a port or to any ad- ioinmg Custom House or place of safe custody, immediately giving notice to a Justice or Custom House Officer, or discovering to any such Magis- trate or Officer where any such Goods are wrongfully bought, sold or con- cealed, he shall be entitled to a reasonable reward for such services to be paid by the Master or owners of the Vessel or Goods, and to be adjusted, in case of disagreement about the quantum, as before directed to be adjusted and paid, 53 G. 3, c. 25, s. 3. Ascertainment of "jhe Officer of Customs or other person acting, shall procure all persons Mr'and"ow'ne" belonging to the Vessel and others who can give any account thereof, or of wiicnco ana wiiere the Cargo, to be examined on oath before a Justice, as to the name or descrip- SALVAGE. 669 tion of the Vessel, the Master and Owners, and owners of the Cargo, of the bound and oauio of portsfromortowhich the Vessel was bound, and the occasions of her dis- Sf'^oai to bo°°mt tress, which examinations the Justices are to takedown in writing, and de- BooeiTor-Gonerm & liver a copy, with a copy of the account of the goode^to the Collector or Con. "^'ortuoa troller, who shall forthwith transmit a copy to theEeceiver-Gienerel to be published in the London Gazette and in this Island for 2 months Buccessiyely or so much as shall be necessary for the information of the persons concern- ed, 53 G. 3, 0. 35, s. 4. "^ If no person appears to claim the Goods saved, the Chief Officer of Cus- Ouaiody of goods tomsof the nearest port shall apply to 3 of the nearest Justices, who shall aaimlnta'" put him or some other responsible person in possessiou of the goods, they Sale and disposal taking an account to be signed by the officer, and if not legally claimed with- in 12 calendar months by, or on behalf of the owner, then public sale shall be made, and if perishable goods, they shall be forthwith sold under the direction of 3 magistrates, and after all charges deducted, the residue with an account of the whole moneys shall be transmitted to the Eeceiver- Gene- ral to be applied in aid of the public funds, 53 G. 3, e. 25, s. 5 Upon the rightful owner appearing and shewing, by affidavit or other paid°to°the owner proof, nis right to the money, to the satisfaction of me Judges of the Su- on proof of oiaim preme Court at any sitting of the Court, the CommisBioners of public ac- counts shall direct the Keceiver-Geneial to pay the amount, deducting the charges he may have incurred, 53 G. 3, o. 25, s. 6. If any person besides those empowered hy the Custos or Justices, Offl- obstrnciing per cer of Customs or Constables enters, or endeaiimrs to enter on board any s™y,g°(,"^°§eraciiiB Vessel in distress without the leave of the Commander, or of the Officer of marks, &c. Customs, or Constables, or molests them in the saving of the Vessel or Goods, or endeavours to impede or hinder the saving of any Vessel or Goods, or when any Yeeeel or Goods are saved, takes out or defeces the marks of anyGoode before they are taken down in a book for the purpose provided by the Commanding Officer and the Officer of the Customs, he shall within 2^ days make double satisfaction to the party grieved, at the discretion of three or more of the next Justices, and in default shall be committed to the county goal for 6 calendar months ; and the Commander of the Vessel, Officer „^^"® .^ re p e i of the Customs or Constables on board may repel by force any such person, " ' P'>'™"' 53 G. 3, c. 25, s. 7. In case any goods are found upon any person, that were stolen or car- Goods stolen or ried off from any vessel in distress, he shall, immediately on demand, deliver oorned away the same to the owner or person by the owner authorized to receive the same, or in default shall be liable to pay treble the value of the goods, to be recovered by the owner on an action, 53 G. 3, c. 25, s. 8, In any action against any person for any thing done or canted to be Protoeiion from done under this Act, and in executing any of the powers, orders or directions, Actions he may plead the general issue, and give the special matter in evidence, and if the plaintiff become nonsuit, or discontinues, or a verdict passes against him, or judgment is given against him on demurrer, the defendant shall re- cover full costs. If any Officer of the Customs by fraud or wilful neglect abuses the trust hereby reposed in him, he shall forfeit treble damages to the party grieved and be incapable of the same or any other employment relating to the office, 53 G. 3, c. 25, s. 14. No writ shall be sued out orcopv of any process, at the suit of a subject, KoHco of Action, served on any Justice or Officer of the Customs, or any acting under his *"• orders or directions, until notice in writing thereof has been delivered to him or left at his place of abode, by the Attorney or agent of the party intending to sue, at least one calendar month before, in which shall be clearly and explicitly contained the cause of action, and on the back shall be endorsed the name and place of abode of such Attorney or Agent, who shall be enti- tled to a fee of 268 8d (16s stg.), for preparing and serving the notice and no more ; and no plaintiff shall recover a verdict unless it is pro ved upon the trial that such notice was given, but in default, the defendant shall recover a verdict and costs, and no evidence shall be given by the plaintiff on the trial of any cause of iiction except such as is contained in the notice, 53 G. 3, o. 25. ^ 15.^ B70 Persons eotitlsd to the benefit of the SAVINGS' BAKK, Savingra' Banks. t„;„;f;?y "°'"'>?5 of persons forming a Society for establirfiing and main- Act on fliingrmes fining any Institution m the nature of a Bank to receive depoats of monev lor the benefit of the depositors to aceamuiate the Droduce of bo fh^Slj .*,f'®°'i^?'l*°^'®'°''?*''« whole or any part of the deposit, and the produce thereof deducting the necessary expenses of management to the ben?fiT„5^??f 5 ^^'V T^ ^^^t' o^.^^^V^oilce, and desires Sving rnPntT5,.T ,■? ♦? shall oanse the rules and regulations for themanage- fnH ti, ^°°''*,""nu to be entered, deposited ^nd filed as after directed, and thereupon shall be entitled to the benefit of this Act. The privilege iLKHf^** receiving money under the Act shall be extende/to enai T^i^i ' ^""^y form their rul,!s and regulations accordingly, and the 'mZi:iTXijTtc:Hj.r- "■ ^- ''' "' '°-^^'^ authoriz eland ^a^T^'XaX r»»„"!!?^"^'""'''"J ^^f^ have the benefit of the Act imless the rules and P08it.d°4.iSf aS?t regulations are entered m a book to be kept by an Ofllcer, and open for the cLmta ^""" ""> S^P^'^'on of the depositors, and a ti'anscript deposited with the Clerk of the certiBea Peace and filed bv him, and a certificate of flliig signed by him on a dupli- Amendment. &c ™ f to™ed to the Institution within 10 days i Ks fee -lOs (6s stg.)- Kules of rules. ■ may be altered and amended or repealed, but such new rules shall not be S ,:S'"? until entered, and transcripts filed and certified, fee 5s (Ssstg.), 7 W. 4, c, 14,s. 2. I V -D/i To be .ubmittea r. ^e^ore depositing any tianscript or amendment with the Clerk of the to a Barrister i'eaoe, the Irustees must sabmit the transcript, at the expense of the Institu- tion, to a Barrister to be appointed by the Government to ascertain whether they are in conformity to law, and wlio shall give a certificate thereof, or point out in what parts they are repugnant ; his fee not to exceed £2 13 4 And lai.1 before '^l,^^''-) ^'^e transcript, Signed bytwoTrnstees,audBai-rister'8certificate3, .Tudge of Circuit Shall be laid before the (Judges of the next Circuit Court, 19 V., c. 10, b. 17,) o °°conD?maoo°n"°"' ^°'' '■^J^ot'on or confirmation. The rejection of any rule shall be signified by (he word " rejected" or " disapproved" written opposite the rule and signed by the Judge, and notice given by llie Clerk of the Peace within 10 days to the two Justices (trnstees) who signed the transcript. Ho rule making alteralions in the hour of attendance need be laid before such Barrister previous to en- rolment, 7 AV. 4, c. 14, s. 3. Kulesto be bind- All Rules duly entered shall be binding- The entry in the book or tran- ' script shall be binding on the members, officers and depositors all of whom shall be deemed to have fall notice by tlie entry and deposit i and the entry or transcript, or an examined copy shall be received as evidence. No Certiorari shall be allowed to remove the rules into any Court. Fee for copy which is to be exempt from stamp duty 2b 6d (Is 6d) stg. per legal sheet, 7 W. 4, c. 14, s. 4. Treasurer &c. to The Bules shall provide expressly that no Treasurer, Trustee, or Mana- eioopt saiary°°&c' S^' shall derive any benefit from any deposit, save only such salaries, allow- Trostees or Uauag- auces, or other necessary expenses as shall, according "to the rnles, be provi- see 24 ""H^'io^'i for the charges of management and for remuneration to officers exclu- " ' ' ' sive of the Trustees or Managers who shall not have any salary or allow- ance beyond their actual expenses, 7 W. 4, c. 14, s. 5. aecurit; of Officers Any Treasurer, Actuary, or Cashier entrusted witii thereceipt or custody of money, and every officer receiving any salary or allowance lor bis ser- vices shall give security by bond to the Clerk of the Peace. Fee -dCs 8d, (Ifis stg). The bond, in case of forfeiture shall be sued in the name of the Clerk of the Peace, for the use of the institution, tliey indemnifying Iiim, and to be exempt from stamp duty, 7 W. 4, c. 14, s. 6- the"'Tra8tee°'°^ h" ^^^ moneys, effects and securities shall be vested in the Trustees and may sue or be sued their successors without any assignment whatever, and who may sue or be sued in theii' proper names in respect thereof and the same shall 6e alleged to be their property in criminal and civil suits, 7 W. 4, c. 14, s. 7. wi'm negtoot . Se ^0 Trustee or Manager shall be personallv liable except for his own 28 v., c. 41, s. 1,3 acts, and then only for wilful neglect or default, 7 W. 4, c. 14, s. 8. Account and pay Persons having any moneys, eft'ects, or funds, or entrusted with the dis- mcnt and delivery position, management, or custody thereof, or of any' securities, books, or effects '"°°°^'' "" papers, or property relating thereto, their executors or administrators shall savings' bank. Q^i on demaud o J two Trustees aud two Managfere, or by their order or authority, or at any general meeting' of the Trustees or Managers give in their accounts, to such Ti'ustees aud Managers, or general meeting or tQ the institution or to sacb persons who may be nominated to receive the same for exumiuatiou aud allowance or disallowance, aud shall on the like demand pay over all moneys in their hands, and assign aud transfer or deliver all securities and effects, books, papers, and pi operty in their handss or custody to such per- son as the Trustees and Miaiagers shall appoint, and in case of neglect or re- fibal the trustees may exhibit a petition lo the (Circait Court) who may pro- ceed thereon in a summary way, arid make such order thereon upon hearing all parties as to such Court in their discretion shall seem just, which sliatl be final ; and all assignments, sales, and transfers in pursuance of any such order shall be effectual, 7 W. 4, c. 14, s. 9. The Trustees and Managers, or a majority, at a meeting publicly 3°i™^°"'„|.°p^! convened, and amounting to no less than 7, may make arrangements uc banks ■with the Commissioners of Accounts (Executive Committee, 25 V., o. 37, s. 1) for investing moneys deposited in the Savings' Bank in the Public Chest, or with the Directors or Managers of any public Bank establish- ed in this Island under any Act of the Legislature, or of Great Britain for the investment of deposits upon such rate of interest, terms aud con- ditions as to them may seem eligible ; but no moneys shall be invested in any other manner, except sucn sums as may necessarily remain from time to time in the hands of any Treasurer, 7 W. 4, c. 14, s. 10. The Commissioners of Pubhe Accounts may receive for the use and intereic on depo- to the credit of the Island, deposits, aud repay the same upon such terms •'" w"" *« P"'"''" to such amount, and at such interest, and under such regulations as may appear proper to them. 7 W. 4, c, 14, s. 11. The interest payable to depositors by the Trustees or Managers shall interest to aeposi- not exceed £4J per cent per annum, 7 W. 4, c. 14, s. 12. '»''' The receipts of minors shall be sufficient discharges in respect of deposits Beceipti of Mi- from them , or for their beneiit, 7 W. 4, c 14, s. 13. nors As also of married women, unless the husband or his representatives Or married wo- five the Trustees notice of the marriage, and require payment to be made to '"'" im or them, 7 VV. 4, o. 14, s. 14. No sums shall be paid into any Savings' Bank by any person by ticket No sum to bo re- or number or otherwise, without disclosing nis name, profession^ business oo- Jamo' 7 a'u lag cupation, and calling and residence, which are to be entered m the books, ana residence of 7W. 4, c. 14,8. 16. P»"y. Trustees on behalf of other persons may make deposits, and their or Deposits by Tmi. their executors or administrators' receipts shall be valid dischai'ges, 7 W. 4, teea c. 14, B. 17. The Trustees shall not receive from any one depositor more than £200 Limits of deposits fn the whole in any one veai', ending ls.t May, nor receive or hold from any one depositor any sum w£ich with principal and interest exceeds intlie whole £400. Whenever the sum standing in the name of any one depositor ex- ceeds £400, all interest thereon shall cease, 10 V., c. 18, s. 2. Upon the death of a depositor, if his deposit exceeds £50 it shall only Pajmieni in case be paid to his representatives, on probate or letters of administration. If not posuoSioeds X60°" exceeding £50, and it satisfactorily appears to the Trustees and Managers When not exceed- that no will was left, and no letters of administration are likely to be taken '°K ^™ out, they may pay the same according to the rules, or divide it among the persons appearing to them to be entitled according to the statute of distri- butions, which payment as well as those to the representatives shall be valid Bemedies against discharges. Persons clairmng a superior right to the moneys, shall have legal person receiving remedy against the persons who receive, 10 V., c. 18, s. 3. No, power of attorney or instrument of any kind required by this Act, .instruments «- Administration Bond or Letters Testamentary of any depositor, where the «"°p' ftom stamps whole of the estate and effects of any depositor shall not exceed £50 (£30 SS «ocSd iaostl! sterling) shaU be Uable to Stamp Duty, 7 W. 4, c. 14, s. 20. Disputes concerning any deposits shall be referred to 2 arbitrators, one traUra™™ *" "*"'" to be chosen by the Trustees or Managers, and the other by the party with whom the difference may be, and if tney shall not agree, the laatter in dif- ference shall be referred in wriling to the Bawister a^pdlnted by the go- vernor, and the award by the arbitrators or a Barrister shall be conclusive rojootod or returned Branch Banks 672 SAVINOS' BANK. without appeal, aud shall declare by whom the Barrister's fee shall be paid- Exempt from The proceedings are exempted from Stamp Duty, 7 W. 4, c. 14, s. 21 . stamps peposits may be The Trustees and Managers may accept or reject moneys oifered for Mooted or returned i„yestment, or return moneys invested to any depositor, 7 W. 4, c. 14, s. 23 Branch Banks may be established to facilitate the business, but no- thing in their formation or rules shall be inconsistent with this Act, 7 W. 4, c. 14, s, 24. Mis feasance, So. If any Trustee, Manager, Treasurer, Secretary or other officer is guilty SScoJS*' ""''of any misfeasance, or wilful non-feasance or other breach of duty, wherelfjr any loss of the funds or property of the Bank accrues, not amount- ing to a fraudulent taking or misapplication to his own use, and the majori- ty of the Board of Managers refuse or neglect to direct the institution of pro- ceedings to enforce the rights of the Bank, the Trustees shall, of their own authonty institute the necessary proceedings, 22 V., c. 41, s. 1. preSeCour™'"^"" ^'^ '^ ^^^7 refuse, auy depositor may apply to the Supreme Court for a rale to compel the Trustees to proceed to enforce the rights of the Bank, or to punish the offending officers, 22 V., c 41, s. 2. to^'"maka^''goo°d The surplus fund to the credit of each Bank shall not be applied to redeem until failure to re suoh loBBOs, Until after failure to recover them from the officers occasioning or corr '*'°°' "" °"' implicated in the same, 22 V., c. 41, s. 3. Eotiro m e n t of One-third in rotation of the Trustees and Managers shall in each year Trustees retire from office, and an election shall take place annually in Jiine to supply vacancies, 22 V., c. 41, s. 4. Annual election of The President, Vice President, Secretary, Treasurer and Auditor shall President, &0. jjg elected annually in June, or as soon as practicable thereafter, and after the election of Trustees and Managers for the current yedf, 22 V., c. 41, B. 5. Time and place The President, or in his absence any Vice President shall fix the time of elections ^^^ pj^^^ ^^j, jjo^jug tjje elections of tlie officers, 22 V., c. 41, s. 6. presi dent, &o. The President, Vice President, or any Trustee or Manager shall be in- inoiipbio to lie Be- eligible to be Secretary, Treasurer or Auditor while holding such office, evetary.&c. 22^., c. 41, S. 7. sooro t a r y and The Secretary and Treasurer shall each deposit with the President theii- Treasurers books of books of accounts and transactions, made up to the termination of the finan- account ^^^^ year, one month before the election in June. The financial year to be con- sidered as terminating on 30th April, 22 V., o. 41 , b. 8. • Quarterly and The President, Trustees and Managers shall meet quarterly to receive Special Meefinge jbe accounts of the Secretary, Treasurer and Auditor, and as often interme- diately as the busmess of the Bank shall render special meetings necessary, 22 V., c. 41, s. II. Payments to dopo- No money shall be paid out to any depositor save by the Treasurer, on sitori production of an order, drawn by the Secretary and countersigned by a Ma- nager, who shall respectively sign or initial the depositor's bookm respect to the draft, and on presentation of the order on the Treasurer, the deposit book shall also be presented to and initialed by the Treasurer, 22 V., c. 41, a. 12. Orders on Treasu- Before any order is drawn on the Treasurer, the depositor's book shaU ror tob« compared be compared by the Manager in attendance, with the account open in the Took Vefo?o"p'2y- books of the institution, to ascertain If they correspond, 22 V., o. 41, s. 13. m°ont Provision shall be made in concurrence with the Executive Committee for ,„?;»"* from Trea. ^,^^-^g j^^^^^^ from the public treasury, 22 V., c. 41, s. 14. The rules and regulations of the Banks shall be amended in conformity er?n'°cSXX with this Act, 22 V., C. 41,8.15. wiHi Act irbe Trustees and Managers shall yearly, withm one month trom to-^nl^g Tta the annual statement and settlement oJ the accounts cause a cleai place of business „nA complete general statement of the transactions, accounts ano situation of the afi'airs of the Institution, to be signed by two Trustees and two Managers, and countersigned by the Secretary or Treasiirer, to be- hung up in the place of business, specifyng the balance due from the Institu- tion to the depositom for principal and interest, setting out the number ot depositors, and the balance claimed from the Treasury, and cause a copy to be pnbliBhed in one of the weekly papers of the County, 24 V., o, lu, SECRKTAKY, ISLAND. 673 The interest or dividends due to each depositor shall be computed half into r o s t to be yearly to 1st May and 1st November, aud at no other periods, 24 V., c. 10, y^rty"" s. 3, The Treasurere and Secretaries shall be paid salaries to be fixed at Treasurers' aua the annual meeting in June, but not to exceed in the aggregate the an- Soorotary's s a i o- nual surplus balance arising from the transactions of the year to the credit ' °° of the Bank, and on no account sball the surplus fund to the credit of the Bank be interfered with, 24 V., c. 10, s. 4. Seamen. Persons receiving or entertaining seamen belonging to any trading ship ,i^"'f,''|' '"'Jlf in harbour, after the ship's bell ringing to set wateb at 8 o'clock at ""° ° " ""^ "" night, shall forfeit for each 40s. {24s. s^.,) one half to the poor, the other hsilf to tlie master prosecuting, to be recovered by warrant from a Jus- tice, 33 C. 2, c. 17, s. 7. No seaman belonging to auy vessel shall be trusted for anything ; "ot to bo iruatea those trusting or retaining them in their houses, shall lose the money they trusted uiem withal. Victuallers or retailers of strong liquors trust- ing any seafaring man not generally residing upon, or belonging to this Island, above 40s, (24b. stg.) though he have bond or bill for the same, shall lose the money they trusted him withal. If auy commander of a ]5„(ioi„„ „ „ „ » vessel entice away any seaman belonging to any other ship, before he is seamen lawfully discharged, he shall forfeit £15 sterling, half to the King, and half to nim that shall sue in any Court of Record, 35 C. 2, c. 4, s. 6. Complaints and disputes between owners, consignees or masters of Complaints bo ships arnving in any port of this Island, or trading to or about the coasts »"«"" owners. &c. thereof, and the Seamen or seafaring persons employed, shall be heard by men ''"beViimmMi two Justices, whose decision shall be final and not subject to appeal, and ly heard who are to grant a summons or warrant against the person complained of, W"'""' appeal and in case of appearance or non-appearance, shall examine the partiesand witnesses on oatn, and make order for the delivery of the chest, tools, clothes and effects, and payment of the wages demanded and proved, or such part as to them shall seem just ; provided the sum sought to be reco- sot exoeeding vered do not exceed £20 (£12 stg.) for any one seaman, and the applioa- *i2, nor to bo do tion be not delayed beyond 2 days after the refusal of the owner, &c., to im'»aa»y°°a»*'»y» deliver the seaman's chest, &c., or pay the wages demanded ; and in case of Enforcement of non-delivery or non-payment beyond 21 hours after such determination, the orders Justices shall forthwith thereafter issue their warrant to levy the sum they award by distress and sale, rendering the surplus, if any, to the defendant, ■ after payment of costs (not exceemng 50s. (SOs. stg.) on anyone proceeding) and charges lo,be apportioned by the Justices as they think E roper ; and for want of distress, may commit the defendant to Gaol, until e satisfy the damages, costs and charges, for 30 days, 2 W. 4, c. 32, s. 1. The Justices may receive evidence of the misconduct or misfeasance j, . . ^^^ ^^ of such seamen, and make abatement in the wages demanded, or if they mis-conduct deem the complaint frivolous or vexatious, they may dismiss it with costs Abatement of not exoeedii^ 50s. (308. stg.). and in case of non-payment, commit she com- ^°Fri»oious com plainant to Gaol not exceeding 10 days. Act not to bar any seaman from plaints— Costs proceeding otherwise for recovery of his wages, or to interfere with any jj^°ji^„ '"" """""^ regular articled and indented seaman when the owner or master, entering Artioies for sped into such articles for any specific voyage, is ready to comply with the *y°?"^'., stipulations therein, and produces the agreement, for want of which the agrSemont ° " ° seaman shall not be delayed in auy of his remedies, 2 W. 4, c. 32, s. 2. Act in force till 31st December, 1833, 2 W. 4, c. 32, s. 3. Continuance oc But continued by 4 W . 4, c. 19. Secretary, Island. His office shall be kept at St. Jago de la Vega, 33 C. 2, ■;, 12, o. 1. offloo He shall provide two distinct books, and in each of them keep an poro and back ai alphabet of the names of the several persons parties to the records in imabote his office in one, the name of each grantor, feoffor, donor, &c., in the other, the name of each grantee, feoffee, donee, &c., leaving a disore- 4K 674 SECRETARY, ISLAKD. lionarv room between eaob letter for inserting such a number of names as will make it of use for some time, 11 Ann, c. 4, e. 5. Separate book jje shall keep a separate book for recording bonds to the Ciown, tothi'cJJwJ!' as also an index thereto, 27 V., S. 1, c. 31, s. 15. leavln/offioo"'' °° Secretaries or pei-sons acting as such, on delivering possession or leaving office, shall deliver Inventories of books of record to the new Secretary, to be signed by both, and entered in a book to be keptfor the purpose in the office, and a copy sent, signed as aforesaid, to the Clerk of the Supreme Court's office, which Inventories or copies shall be good evidence against the Secretaries, in case of embezzlement of any books. Penalty, £1000 (£600 stg.) 11 G. 2. c. 4, s. 4. Eecoverable in the Supreme Court by action of debt, one moiety to the informer, 11 G. 2, c, 4, s. 5. Papers 20 years He shall destroy Deeds and other papers (except Wills) recorded in in office jjjg pgpg^ ^^^ remaining there for 20 years. 21 G. 3, c. 23, e. 5. Currency. Sterling. Fees His fees shall be — £ s. d. £ s. 3. 56 G, 3, c. 19, s. 1 For recording every Deed or instrument lodged or brought into his office not after mentioned^per Bheetofl60words[60G. 3,c. 23, s. 5] ..." 2 6 16 Recording every plat I for each division, 60 G. 3, c. 23, s. 5] .... .... .... '0 .2 6 16 Beceipts for Deeds and other writings 5 3 Dockets fuiTiished Receiver-General — ^for Conveyance of Land [21 v., c. 34, 8. 23] 16 Receiver-General's fee on Conveyances and Patents ofLand [21 v., 0.34,8,23] .... .... 5 3 Marriage License and Bond, including drawing out affidavit , filing same and bond, and all incidental Affixmg the Island Seal Entering satisfaction on Mortgage, including search Citations, one name " more than one, each additional name Sending book into Court per order . Entering Caveat and publishing same Publishmg Proclamations Recording Crop account Moving for a Writ of Error Bailing Writ of Error ---- Moving to have the Retm'n opened, and furnishing copies Copy of the Writ, Return and Transcripts Pihng same — — Writ of Certiorari and Return Filing same Copy Certiorari and Return Filmg Joinder in Error Copy of Rejoinder King's Bond on Appeal ."■;,', Making out Testamentary or Administration Bond, where the sum sworn to does not exc-jed £50 (£30 „ „ /, sterUng) .... ^ - - ■ <> ^ 3 Making out in the like case a Dedimus to swear J!>"'>' »n »ni»v Court. Penalty, £50, (£30 stg.) 56 G. 3, c. 19, s. 8, 676 SECRETARY, ISI-ApD. niUiiMd? °' "'*'■ ' If required, he shall deliver all original deeds, &c., 90 (60 G. 3, c. 23, 6. 1) days after lodging, to any party producing the receipt, or to the grantee, lessee or party deriving a beneficial interest under it, or his At See 21 G. 3, 0. 23, !.6 tomey or Solicitor, upon their giving a receipt for the original on the margin of the record, and making oath that the receipt had unintention- ally been lost or destroyed. Penalty, £50 (£30 stg.) 56 G. 3, c. 19, a. 9. After any deed or paper has been recorded 2 .years, and the person to whom it belongs not having the receipt to produce, but the same is lost or mislaid, the Secretary shall deliver the deed or paper to the per- son applying, and malsing it appear to the Seeretaiy that it is his property, and giving a receipt therefor, 21 G. 3 c. 23, s. 6. His office shall be kept open from 7 a. m. to 3 p. m. every day except Sundays and Holidays. Penalty, £50, (£30 stg.) 5B G. 3, c. 19^ s. 10. All persons shall have access to the office during the time it is kept open, and make seafches^ and ^ke extracts or dockets, on paying at the rate of Is. 8d. (Is. stg.) for eveiy 3 hours employed. Penalty on the Secre- tary or his deputy, or clerks for impeding or disturbing any such per- son, £50, (£30 stg) 56 G. 3, c. 19, s. 11. He shall constantly keep up a Table of Pees in his office, iu Spanish- Tovpn and Kingston. Penalty on Secretary and Deputy Secretary for each day's neglect or delay, £50, (£30 stg.) 56 G, 3, c. 19, s 12. Penalties not exceeding £50 (£30 stg.) shall be recovered in a sum- mary manner before two Justices, who are empowered to commit oifend- ers until payment, 56 G. 3, c. 19, s. 13. No person shall enter upon or execute the office, until he has takeiian oath before the Governor for the faithful discharge of his duty, and enter- ed into recognizance, himself in £ 10,000 (£6000 stg.) and 2 or more sureties in £5000 (£3000 stg). Penalty, £1000 (£600 stg.) recoverable iu the Su- preme Court, half to the informer, 56 G. 3, c. 19, s. 14. No peraou shall be accepted as a security until he makes oath before the Chief Justice that heis, at-thetime of entering into the same, worth £2500 (£1500 stg.) after payment of all his just and lawful debts. False swearing declared peijury, 56 G. 3, c. 19, s. 15. All future Secietaries shaU leave with the Clerk of the Crown and Attorney-General respectively, notice in writing of his intention of entering into recognizance, with the names and additions of his iBtended sureties, 4 days at least previously, that the Attorney General may, if he thinks fit, attend at the time; which security shall be signed by the Secretary and his sureties before the Chief Justice, and be recorded in the office of the Clerk of the Crown, 56 G. 3, c. 19, s. 16. If any Secretary at any time incur auy penstlty in this Act mentioned, which is recoverable in the Supreme Court, he shall, from the time he in- curs the penalty and is convicted, be rendered incapable of holding the office, 56 G. 3, c. 19, s. 17 He shall, under penalty of £5000 (£3000 sterling) before his entrance upon the office, enter into recognizance himself iu £5000 (£3000 sterling) and 2 securities in £2,500 (£1,500 sterling) each, that he will from time to time, at his own cost and charge, keep in good order and repair the deeds, records and alphabets ot his office, and have copies fairly transcribed of such as shall in any wise require transcribing, 60 G. 3, c. 23, s. 3. The penalty shall be recoverable in the Supreme Court, half to the in- former, &> G. 3, 0. 23, s. 6. The recognizance of the Secretary was reduced to himself £1,000, and 2 or more sureties in a sum amounting in the aggregate lo £2,000, to be ap- proved of by the Governor and Executive Committee, and taken before any Judge, but not to prevent the Secretary from giving security to the aniount of £2,000 under 27 V. S. 1, c. 35 (European Assurance Society.) The person taking office and giving security under this Act, to be subject to any reforms of any nature which may hereafter be found necessary for the pubUc benefit. In force to 31st December, 1865, 27 V. S. 2, c. 1. He shall give fresh securities upon the death or insufficiency of former sureties ou Tbeing required by the Attorney-General within one month, giving to the Clerk of the Crown 4 day's notice, with the names and ad- AftM 2 years re corded Searches and ex- tracts Table offees Recovery of pen- alties Oath ofomce Sccurtiy Justiflcat ion of sureties Xotice of entering into rocognizances Convict e d in a penalty in the Su- preme Court inca- pable of hold i n g office Itecognizonce to keep records, &c. in good order; see 37 v., 8. 3, c, 1 ex- pires 3lBt Deer. 1865 Recovery of pen- alty Fresh security SERVANTS. 677 ditions of his snretiee, that the Attornev-General may attend if he thinks- fit, 4 G. 4, c. la. . Every Deed ami Eeoord transcribed, shall be carefully examined by the TrnnscriDt to bo Secretary or the Examiner, in his office , and verified as prescribed by 56 G. 3, o x a m i n o a and c. 19, s. 5, and shall be deemed authentic, valid and effectual, 60 G 3, sworn to 0.23,8.4. "Any person taking down any book of Kecord from its shelf or place, iakiug down and not returning it to its right place, shall forfeit 40s. (24s. sterling) re- books and not re- coverable before a Justice of St. Catherine, to go to the infomier, unless piaoingthem he is a witness, in which case it shall go to.the poor, 11 G. 4, c. 12, s. 1. The Secretary or any person deputed by him, shall not receive any Deed Affidavits qnnr- or writing to be recorded without an affidavit, (declaration, 6 V., c. 24,) ex- toriyof writings to empt from Stamp duty, of the number of legal sheets of 160 words count- "° '"'"^'^ ing figures as such. Penalty £10 (£6 sterling) recoverable as before men- tioned, 11 G. 4, c. 12, s. 2. Attorueys-at-Law, shall be allowed 4d. (currency) per sheet, for count- Fee for counting ing, unless he drew the instrument, and 3s 4d. (2s. sterlmg) for the affidavit, llG.4,c. 12,6.3. The Secretary shall charge for recording for the number of sheets charges for re- sworn to, and no more. Penalty £10 (£6 steriing) recoverable as before cording to be rogn- mentioned, unless he satisfy the Magistrate that the person was mistaken, jJJ^^^, accordingly, and that the (declaration) states a less number of sheets than tlie Deed or enonion! ""^ ° " instrument contains, 11 G. 4, c. 12, s. 4. He shall record Duplicate Registers of Di. center's marriages, 4 V., c. 44, Registers of Dis-^ S. 9 ; 14 15 18 26 V. S. 2, C. 10. acntera marriages His authority to appoint Deputies, at the sevt -nil ports under 31 G. 2, powers to appoint 0. 19, 51 G, 3, c. 17, and 5 W.4, c. 19 was repealed, and the right to fees depntiesatoutports on vessels and droghers ceased upon the death of the then Patentee, .5 V., offcoaonvessoi™" c, 15. Servants. When any insolvent is indebted at the time of becoming insolvent to i^f^^^n^g" ca°ate any Ovei"seer, book-keeper. Clerk or servant, in his employ, for salary or of'ioiary of orer- wages, any judge of the Insolvent Court may order, not exceeding 6 '»"• Bookkeeper, month's salary or wages, and not exceeding £60 to be paid to him andhe ^"^ eiceo£ng'"6 shall be at liberty to prove as a creditor for any excess, 25 V., c. 29, s. 1. montiiB or .*60— When indebted to any laborer or workman for wages or labor, any Not exceeding jeio Judge of the Insolvent Court may order not exceeding £10 to be paid to to laborers or work- such laborer or workman out of the Estate, and he may prove as a credi- "™""^''°° °' °^' tor for any excess, 25 V., c. 29, s. 2. Complaints and disputes between Masters and Servants hired, con- k„^???,™^L-f„''° * 1 *^ • J i J //-c J ii « i ... ' neard summarily tracted, or indented, (Overseers and other Servants receiving wages ex- ceeding £100 (£60 stg.) per annnum excepted) shall be heard by 2 Justices, j^*C''°! """y '"' who may examine on oath the parties and witnesses, and make order for ""^ "° payment of such wages as shall seem just, provided the sum sought to be snm not to exceed recovered do not exceed £100 (£60 stg.) nor the application delayed in ^6», nor application the Master's life time beyond 12 months after the sum became due, nor moatb^orS^monshs beyond 3 months after the estate becomes represented. In case of non-pay- after estate repre- ment for 14 days after such determination, a distress warrant may issue ""'.»? against the goods of the Master, 55 G. 3, c. 19, s. 1. °""'°" '"'"■''" The Justices may hear any complaint, although the Master is dead. Hearing notwith- notice of the complaint being given to the representative, and enforce pay- standing Master's ment by distress and sale of the deceased's goods, 55 G. 3, c. 10, s. 2. ''°'"'' The Justices may receive evidence of the misconduct or misfeasance of Evidence of mis- such Servant, and make abatement in the wages ; and upon complaint on mont''of wages" ' °~ oath by any Master against any snch Sei"vant of misconduct, neglect, or mis- commiimont of demeanor in his service, 2 Justices may hear the same and punish the of- of"wSgoB'''"imneoi- fender, if a hired Pervant, by commitment not exceeding one calendar iing indentures, aaT month, by fine not exceeding £20 (£12 stg.) for the use of the poor of the diHonoi service for parish, enforced by imprisonment, or by abating a part of the wages; if ,i"nt ""pnson - an indented Servant, by all, any, or either cf those ways, or by cancel- ing the indentures, and in case of imprisonment, the Servant shall serve all the time he has been imprisoned, in addition to the period fixed by his Abatement o £ wages 67S . SERVANTS. ae°?M''taPo«e''S '^''^""■«?- Upon the complaint on oath by an indented Servant against his iUtreatment Master, ot any misusage, reiusal of necessary provisions, cruelty or other 111 treatment, 2 Justices may summon the Master and examine into the complaint, whether he appear or not, upon proof of the service, and proof being made of the truth of the complaint, may discharge the Servant Trom his indentures under their hands and seals, 55 G. 3, c. 19, s. 3. No Certiorari No certiorari shall issue to remove proceedings into the Supreme l/Oort, 55 Gf. 3, c. 19, s. 1 servSs^ hns- ^^Jf7 Servant iu husbandry, or any mechanic, artificer, handicrafts- baniy, mechanics ™an, held, or other laborer, pereon employed in droghers, or other nerson domeBtics. &o. or any household or other domestic Servant, bodv Servant or anv othp,' ri^.'S??tTon' ?o; 5-"^^^ "^ S^--™"' ?'^«" oo^t^^"' ^^^ »"? o^er' perSbn to^e^Je himTor any breach of contract P.™® certain, or in any other manner, and shall not enter into or commence misconduct, He; his service according to his contract, such contract hems in wrttine and penalty signed by the contracting parties, or having entered into such sirvice (whether the same shall be in writing or not) shall absent himself from his service before the term is completed, jwhether the contract is for a time service, or work certain, or under the provisions after contained, unless for some reasonable cause, or shall neglect or re&se to fulfil the same, or shall be gTuity of any other misconduct, miscarriage misdemeanor, or ill behaviour in his service, oriathe execution thereof, or otherwise respecting the same, theof- tender, on conviction before 2 Justices of the parish where the offence was committed or the Servant found, shall pay not exceedinj* £3, or may be impnsoued, with or without hard labour, not exceeding 30 days, 5 V., c. 43, s. 1 And the Justices may, in addition, abate the whole or any part of the wages due, to be retained by and to the use of the employer, and no wages shall accrue dming imprisonment, 5 V., c. 43, s. 2. elwS***' '"^' .'^^° Justices may, on complaint on oath by or on behalf of any Servant ' • agamst any employer for any misusage or refusal of necessary provision (where the contract includes maintenance and support), or for cruelty or ill- treatment, upon conviction, impose a fine not exceeding £20 and coats, and in default of payment, commit him for not exceeding 30 days, unless sooner paid, 5 v., c. 43, s. 3. Durationot In the absence of any express agreement to the contrary, every con- todeSniSie ^"^^ for service shall be taken to be a contract for a month certain from the time of entering thereon, and to be terminated only bv mutual consent, or by 15 days notice at any time in writing, or in the presence of a witness, or for good cause, 5 V,, c. 43, s. 4. tBrSSS- ^*" -"-^ otherwise terminated by the employer, he shall forfeit to the Servant equal to one month's wages, or if the rate of wages was not fixed, such sum as the Justices may consider fair for a month's hire according to the class of the servant and the nature of the duties contracted to perform, beyond the wages due at the time, 5 V., c. 43, s. 5. When f o r a If any employer, after he has retained any Servant for a service for a time certain per- time certain, or the performance of any particular act, puts away, dismisses pajUcuiar''act '"' discharges any such Servant or other person before the termination or completion of his contract, unless for some reasonable and sufficient cause, the offender, unless he is able to prove by a witness such reasonable and suf- ficient cause for putting away the Servant, shall forfeit to the Servant not ex- ceeding £5, as 2 Justices shall consider a reasonable remuneration, and if not paid at such period as they may direct, to be recovered as after directed 5 v., c. 43, 8. 6. Discharge for But any employer may discharge any Servant who is guilty of any mis- misconduct conduct, misdemeanor, or wilful omission or neglect of duty, without notice, or payment of any beyond the wages due at the time of discharge, and on any complaint to a Justice by the Sei-vant in respect of such discharge, such misconduct, &c. shall be a sufficient answer, 5 V., c. 43, s. 7. Term'dnatinE On any complaint by an employer against his Servant for terminating contract for ilfi the contract without notice as aforesaid, where it was for a time uncertain, usage, oroth er or before its expiration, the Servant may shew by evidence that he did so in good cause consequence of ill-usage or for some other good cause, as a sufficient answer, 5 v., 0. 43, s 8. Discharge of Upon any complaint by any employer or Servant, the Justices may dis- servant-award of eharge the Servant from the contract or service, in addition to any other or wages by Justices ^^^.^ -^^^ .^^ ^^^ ^ji^g of the discharge shall a\y"ard to the Servant such propor SERVANTS. G79 tion of the wages appearing due as they thiuk reasonable, and give the em- ployer or Servant, as the case may require, such dischai'ge and award of wages nader their hands, to be enforced as after directed, 5 v., c. 43, s. 9. In cases of contracts by laborers to worlc by the day, week or month, Frauds by la.- aud in sncKBpecifiod time to perform a certain quantity of work by themea- borere contra c- snre, heap, weight or tale, it any person contracting to cut, heap, pack, chip, 5j?S, {° -SlESi? or clean any canes, grass, bundle wood or cord wood, logwood, fustic or heap, weight or other dyewood, or other description of wood, or break, blast oj' cut any stones, tale or pick any coffee or pimento, shall stack or pack, cord, heap, pile, weigh or measure, or count out by the tale or otherwise, any cordwood, bundlewood, logwood, fustic, or other dyewood, or other description of wood, or canes, ^I'ass or other commodity, or any coffee, pimento or stones, in any false or fraudulent manner, with intent to deceive or /iefraud his employer, or if any person shall take and remove, or convey away any such canes, wood, grass, coffee, pimento or other commodity or stones from one heap or parcel to another, with intent to deceive or defraud his employer, he shall, on con- viction, forfeit not exceeding £5, or be committed not exceeding 3 monttis, 5 v., 0. 43, s. 11. AU contracts entered into jn writing or verbally in presence "of two Contracts in witnesses between employers and laborers for a time certain, or for the per- J^tijiB. or before formance of any work by contract, job or task, shall be dealt with under time MrtSiii°o r this Act in compelling on the part of the laborers the proper performance by job, or task of [such contract, job or task within the stipulated time, and on the part of may be' enforced the employer the fulfilment of his engagement, 5 V., c. 43, s. 12. If any person shall entrust to or with any other person (although he has Persons en* not entered into any express contract of service) any goods not exceeding trusted with £10 in value, for sale or for carriage and delivery to another, or in any ?oo' ^ j rt- . No action shall be commenced against any person for anything done in ProtooHon from pursuance of this Act until after 30 days notice thereof, nor after a sufficient ■'="<«" satisfaction or tender to the party aggrieved, nor after 9 months after the fact committed. The defendant may plead the general issue, and give the special matter in evidence, and that it was done in pursuance or by the au; thority of this Act ; and if it appear to be so done, or that the actionlias been commenced after the time limited, or in any other manner than directed, the ju- ry shall find for the defendant ; and upon a verdict for the defendant, or if the plaintiff is non-suit or discontinues after appearance, or if upon demurrer judgment is given against the plaintiff, the defendant shall recover his full costs out of purse, to be taxed, 5 W. 4, c. 38, s. 32. In all cases ot recovery of any penalty or damages the plaintiff shall Costs have judgment for his full costs out of purse, to be taxed, 5 W. 4, o. 38, s. 33 In case of any action of replevin for any distress, the defendant may neplovlu plead the general issue, and if successful, shall be entitled to a verdict, &c. and costs as in s. 32, 5 W. 4, o. 38, s. 34. Any Provost-Marshal or deputy. Justice or Vestryman making default Penaiiios on Pio shall forfeit £50 (£30 sterling), to.be recovered by action of debt by the Cor- SS^j^""'"'' ° ' poration to its own use, with full costs out of purse, to be taxed. Constables jiStioes, Consta shall forfeit £20 (£12stg.). Persons returned upon any in juest, and neglect- Uos, Jurors ing their duty without a reasonsble cause shewn, in writing upon oath, and allowed by a Justice in writing under his hand, shall forfeit £10 (£6 stg.). Such penalties to be recovered, levied and apphed to the use of the Corpora- tion, 5 W. 4, c. 38, s. 35. No reservoir shall be made within 300 yards of the King's House, within soo yoras without the Governor's consent, 5 W. 4, c. 38, s. 39. Kings Houso Where pipes are laid into any yard, house, land or other premises, Kightof entry to and the parties or owners have discontinued taking or paying for the use removo p i p o or of the water, or have forfeited their right thereto, the agents of the Com- f^j ooSny"' ° ' pany, under a written authority from the President of the Board of Di- rectors, may enter into any such house, &c., and remove any pipe or other jiroperty of the Company ; and on any resistance being made to such agent, the parties so resisting, or causing resistance, shall forfeit three times the value of the pipes, and the expenses of laying them, to be recovered as herein provided for, 19 V., c. 41, s. 15. The Manager or Engineer, or other persons, acting under the authority T" oiamino into of the Company or Directors, may at all reasonable times iu the day enter ^^teV' '' °' into any yard, &c., supplied with water, by the Company to inspect and onrewsai they examine if there be any waste, undue diversion, or illegal appropriation of "^,Jj°"' °^ ""^ the water supplied ; and if refosed entrance or admittance, the Company may cut and turn off the water, 19 V., e. 41, s. 16. The reservoirs, and other works lands, and premises of the Com- Rooovory of po- pany in use, and the Company in respect thereof shall not be rated, ""i"™ charged, or assessed, for the payment of any public or parochial charges, or other impositions, 19 V., c. 41, s. 29. Penalties under this Act, shall be recovered in the manner mentioned in 5 W. 4, 0. 38, s. 28. Damages not exceeding £20 as mentioned in s. 30, and subject to the provisions of s. 31, and actions and proceedings against the Company, or any person for any thing done in pursuance of this Act, shall be subject to the provisions of 5 W. 4, c. 38, s. 32, 33, and 34 ; 19 V., c. 41 , 8.21. Small Poz and Infectious Diseases. Whenever Small Pox, or any infectious Disease or distemper, danger- Governors orders ous to health, breaks out or appears in any plaxje, the Governor may make J? aueL™ ""°°* orders roles and regulations, for the prevention as far as possible of its Rewef of sufferers spreading in the Island, or any district, parish, town or jiort, or for the ;S',*„tTe°e'i5.oQua- relief of sufferers, and the spesdy interment of persons dying of any such rantino, 4 v., e. as, disease or distemper, 4 V., o. 32, a. 30, •• *■ 684 STAMPS. orae™MUoo°o' "i' '^^ publication of any order in any newspaper shall be notice to all aenoo ' ^ persons, and evidence of the date and contents of such order, 4 V., c. 32, B. 31. infringemont o f Any wiLful infringemen t of any such order, or refaeal or neglect to obey, outiOTfo^oSorB"^" resistance to, or obstructing the execation< tamt 086 , sxAiaps. ceiver-General as that officer shall direcf, and pay over the'moneys received by hini at the periods "fixed for the payment of other moneys received by him as Collector of Dues, 28 V., c. 9, s. 15. Liability of Ko- Jq gagg (jie Receiver-General omits to get in and compel such periodical ms'defauit. " accptmt and payment by the Collector of Dues and Stamp Duties, he shall be charged with whatever moneys in consequence fall due and in arrear from any defaulting Collector on these accounts, 28 V., c. 9, s. 16. CcUectors' com- The Collector shall, as a remuneration for his trouble and services, be mission allowed to retain from the proceeds of sales of such Stamps, paper and printed forms, £5 per cent, commission, 28 V., c. 9, s. 17. ciiarge for paper Collectors and dealers in the sale of stamped paper, may demand over and above the amount of the Stamps according to the foUovring 1 (1 (» 2 u 3 6 9 3 On every Slip with a stamp or stamps of the value of Is. 6d., 2s., 2s. 6d. or 3s. Above 3s. Sheet or half-sheet of Foolscap or Folio Post. Medium Paper Boyal... Imperial On each Sheet or half-sheet of Printed Forms which shall include and satisfy the charge for paper, 28 V., c. 9, o. 18. Penalty for de. If any Collector or dealer in Stamps demand any amount for any. Stamp manding iiigtaec beyond its value, or for paper, or for any form beyond the rate fixed, he shall rates ^^^^^^ jj„j exceeding £10, 28 V., c. 9, s. 19. cortiaoates of ad" Every certificate of the admission of a Barrister and a Solicitor, Attor- miBsion of Barris- ney Or Proctor to practice in the Com'ts of this Island, shall be stamped, and tere and solicitors gigned by the Clerk of the Court and Crown, or his deputy. Any Barrister or Solicitor who shall not, upon his admission, take out a certificate of ad- mission is declared incapable of acting, practicing or officiating in any Court or otherwise in such capacity ; but one certificate so stamped and signed, shall entitle a Barrister, Sohcitor, &c. to admission in every Court, and none who has taken out his certificate shall be required to produce it, 28 V., c. 9, s. 20. Preparing deeds, Any person who, for or in expectation of any fee, gain or reward,di- &o. for reward, not rectly Or indirectly draws or prepares any conveyance, deed, will or iustru- bomg a bamstor, jjjgjjj relating to any real or personal estate, or any proceedings in law or- in equity (such person not being a Barrister, Solicitor, Attorney or Proctor, or person employed solely to engross any IDeed, Instrument or proceeding not drawn or prepared by himself, or a person drawifig or engrossing the same for his own account, or a public officer drawing or preparing official instruments applicable to his office and in the course of sucn duty) shall for- feit for each offence £20, 28 V., c. 9, s. 21. Compensation for Any Banking Corporation or copartnership may issue and re-issue notes |'"v''jj ?'i''°' °° payable to bearer on demand, without being stamped, upon' giving security, "° ° ° by bond to Her Majesty, of t;wo of the Directors, Members or partners, to- gether with the Manager, Secretary, Cashier or Accountant, as the Execu- tive Committee shall require, in such penalty as the duties may be computed to amount to during the period of any year, with condition to deliver to the Commissioner of Stamps, within 12 days after the last day of each of the months of March, June, September and December in pvei-y year dniing the existence of this Act, a just and true account, verified upon the declaration of any Dii'octor, Manager, Secretary, Cashier or Accountant, to be made be- fore any Justice, of the amount or value of all their promissory notes in cir- culation on some given day in every week, for the space of one quarter of a year, prior to the quarter-day immediately preceding the delivery of such ac- count, together with the average amount or value according to such account, and pay or cause to be paid to, the Receiver-General as a composition for the duties which would otherwise have been payable for such promissory notes issued within the space of one year, 20b. for every £100, and also for the fractional, part of £100 of such average amount or value of such notes in circulation. And the Executive Committee may fix the time of making such payment, and specify the same in the condition ,; which bond may be required to be renewed at their discretion as often as it is forfeited, or any party dies, becomes iueolTeut, or resides beyond the seas, 28 V., c. 9, s. 23. STAMPS. ggy Ucenae to Isflue hlP tn^hfh^«^L } } "s™e any unstomped Promissory Note for money paya- Ucewe to u. nnJ f„t, '.°5 demand, without taking out a lioehse yearly for the pur- «■> stamped Note. K'i2.^ f^'ed liy the Commissioner of Stanjps, on pkyment of the full whnm 5t !L ° .'^* P^T.u' of°f"ne '"Id description of any body corporate to BiT«« '^if"'*i' aid tl^e-Mme-of the town or pW where, and of the th^L^rr; V, -^ partnersaipor othername, style or firm u^der which InpH fwlf '^°j ^'*, ' '"'^ '^''*™ granted to persons in partnership, shall nSvS7 1?- ^ w,.'""*,P'?<^?^ °^ a''°«« of all tfienersons concerned in the ami i^^rJ'P' utif *'!?'■ *^ 'lieir n*™^^ *PP«" '" tl^e Promissory Notes or not, and m default the license shall be absolutely void. It shall be dated on the ^^lu 7i\"'- "granted, and have effect and continue until the 31st De- ^bSffnm'^°T?f'. l-otli "'"•"sive. Any license since 31st December last shall inure until Slst December next, 28 V., c. 9, s. 23. in tht^aiSsMn! fs'v^l'g^fsT " ^"'"^ notwithstanding any alteration ££°3£^ „v,„ii^'!?fu?"® '^J''^'''?''', or the Manager, Secretary, Cashier or Accountant ' Qy^rtoiy reimns scribe Tnd'"d«H™Pf''°,f°n'''"''*?^'^S '^" IT'^f'^' a<"=o* of nno«, &c. those in the Magistrates' Courts in the monthly return of fines, under a separate head, and the amounts shall be paid by the respective officers in the manner and at the times directed by any Act in force for the payment over of moneys received by them, 28 V., c. 9, e. 48. Every public officer required to supply any Stamp may demand the Btamps"by°ipnbMc amount from the person requiring it, and every Solicitor, Attorney and Proc- offlcera and solici- tor may demand from his cuent all sums he has expended for Stamps on his *""' behalf, 28 V., c. 9,8.49. Every Solicitor, Attorney or other person, bespeaking a copy of any Soiiciiora, &c. for instrament from any public onice chargeable with a Stamp duty shall, under Sey'Soapeak °°'"°° a penalty of £10 for each wilful neglect, take out and pay for such copy within 14 days after he is informed thatit is ready for delivery, 28 V., c. 9, 8.50. Any public officer who wilfully or fraudulently enters or records any Entering up or re Instrument chargeable with duty and not duly stamped shall forfeit not ex- ^^*;°5 or^aAiiS ceeding £50, and if he issues any office copy, or any copy of any instrument copies' not duly without the Stamps imposed, or commits or connives at any fraud or practice 'S^'jl"''. p»|"«'- wherebv the duties are lessened, impaired or lost, he shall upon convlc- '^ ^ eiemi tion forfeit not exceeding £50 and his oifice, and if any Attorney, Solicitor or Proctor is guilty of, or of participating in any fraudior practice in any , of the respects aforesaid, and is convicted, he shall be di8C[nalified from practising in any Court, 28 V., c. 9, e. 51. .• Giving or accepting with intent to evade this Act, any receipt or ac- caving or ncoopt quittance m which a leas sum is expressed than that actually paid and re- jnBreooipn, &o. for ceived, or separating or dividing the sum actually paid or received, lent or Juaiaum" °°' advanced, into divers receipts, bills of exchange, drafts or orders, or other instruments or writings, or being guilty of, or concerned in any other con- trivance or device with such intent : Penalty, £10, 28 V., c. 9, s. 52. Evading or attempting to evade this Act by giving, receiving, or nego- Givmi,'ica. inatru- tiating any mStrument charged with a duty, not impressed with or not other- ™'^"" properly wise bearing the proper amount of Stamps prescribed : Penalty not exceed- ing £5, 28>., 0. 9, s. 53. The Receiver-General and Commissioner niay exchange for others all Stamps on instruments inadvertently or undesignedly spoilt, oLliterated or ,pont °,Vam?»^ * Otherwise rendered unfit for use, upon production to them of the entire sheet 4P 690 STAMPS. AffliinvM or piece of paper, or instrument upon whicli tlie Stamp is impressed, and of an affidavit, taken before a Justice or Commissioner, to the effect following : I do swear that the several sheets or pieces of paper or instruments hereunto annexed, and hereunder specified, were inadvertentiv or un- designedly spoilt, and that no consideration has been received for the same by any person, viz : (here set forth a description of the docu- ments.) And if satisfied that it has not been executed by the parties, or has not been used for the purpose expressed, the Beceiver-6eneral and Commis- sioner shall exchange it for a Stamp or Stamps of equal value, to be im- pressed upon such paper or instrument as the party requiring the same shall produce, free of charge, but if of opinion that it is not really and bona fide a spoilt Stamp, they may reiuse to exchange it. All such spoilt Stamps must be tendered within 6 months from the time they were spoilt, 28 V., c. 9, s. 54. To be destroyed All spoilt Stamps shall be destroyed in the Stanip Ofiice in the pre- sence of the Commissioner and Receiver-General, 28 v., c. 9, s 55. ^o'eo'T If any person shall forge or counterfeit, or cause or procure, &c., any adhesive or other Stamp, or any die, or any part of auy Stamp or any die provided, made, issued or used in pursuance of this or any former Act re- lating to any Stamp Duties, or shall forge, counterfeit or imitate, or cause or procure, &o., the impression or any part of the impression of any such Stamp or die upon any vellum, parchment or paper, or shall stamp or mark, or cause or procure, &o., any vellum, &c., with any such forged or coun- terfeited Stamp or die, or part, &c., with intent to defraud the revenue of uttering:, selling any of the duties hereby granted, or any part thereof ; or if any person forged" siSlips' ""° ^^^^ "''^'^ °' ^®''' °' expose to sale any vellum, &c., having thereupon the impression of any such forged or counterfeited Stamp or me, or part, &c., or any such forged, counterfeited or imitated impression, or part of impression, knowing the same respectively to b® forged, counterfeited or imitated ; or if any person shall surreptitiously or privately and secretly Surreptitioni use use any Stamp or die which has been so provided, made or used, or shall of stamps by any false pretence, or crafty or subtle deceit, device or means, obtain or pro- cure to be impressed upon, or affixed to any vellum, &c. , any such Slamp or die, or any part thereof, or the resemblance of any such Stamp or die, or Fmiidti lent ro part thereof, with intent to defraud the revenue of any of the duties or "her Instruments" any part thereof ; or if any person shall fraudulently take, cut or tear off, or cause or procure, &c., the impression of any Stamp or die which has been provided, made, issned or used in pursuance of this or any former Act, for expressing or denoting any duty, or any part of such duty, from any vellum, &c., with intent to use the same for or upon any other vel- lum, &c., or any instrument charged or chargeable with any of the duties Alders nnd abet- hereby granted, the oflfender ana every person knowingly and wilfiilly tors aiding, abetting or assisting any person in committing any such offence, on conviction, snallbeadjadgedguUty of felony, andshallsuffer punishment «iBt "" by imprisonment for such term of years as the Court directs, 28 V., c. 9, s. 56. Suits may bo in Any suit, prosecution or proceedmg against any person for taking or name of Her Majea- retaining. Or for losing, damaging or destroying any adhesive Stamp, or oraT ■^"°™'^ '^° any vellum, &c., upon which any Stamp denoting any duty has beeu impress- ed or put, or for any other cause of action or proceeding, maj' be com- Aiiogationsofpro meuced, instituted aud proceeded with in the name of her Majesty or of pertyorTuiuo jjjg Attorney- General on her behalf, in which the property in such aidhesive Stamps or m such vellum, &c., so stamped, shall be described to be and be taken to he in her Majesty, and the valne, the amount denoted by the Stamp ; and in any prosecution for embezzling or stealing such adhesive Stamps, vellnm, &c., so stamped, marked or impressed, or for any other of- fence, it shall be sufficient in the indictment of information to state and de- scribe the property in the same to be in her Majesty, 28 V., c. 9, s. 57. Hemovtag adho- Fraudulently getting off or removing, or causing or procuring, &o., Bive stamps from any instrument, any adhesive Stamp which had been affixed thereto and used, or affixing or using, or knovringly receiving such removed Stamp : Penalty not exceeding £10, 28 V., c. 9, s. SS. other fraudulent Doing or practising, or being concerned in any fraudulent act, contri- act§ " vance or device, not specially provided for, with intent to defraud her Ma- jesty or the government or public of this Island, of any duty imposed by Ibis Act! Penalty not exceeding il?20, 38 V,, c, 9, b, 59. ^ STAMPS. All peualtiee exceeding £50 shall be recovered by action of debt, &c., those not exceeding £50 before 2 Justices, with snch costs as they think fit ; and unless forthwith paid, shall be levied by disti'ess and sale, or in default, the offender shall be committed to the nearest Prison for not ex- ceeding 3 months, 28 V., c. 9, s. 60. And applied one moiety to the person who sues or prosecutes, 28 V., c. 9, s. 61. " Every prosecution shall be commenced within 6 months, 28 V., o. 9, s. 62. The Sxecntive Committee, whenever satisfied that any mistake has been made in the imposition of duties, may direct the restoration of any overpaid duties, or otherwise rectify any mistake, and allow to the Re- ceiver-General any deduction they consider him fairly entitled to on his account for Stamps, 28 V. , c. 9, s, 63. In force until 31st December, 1867, and notwithstanding its expiry or repeal, any offence, penalty or liability, may be prosecuted and punished as mi^'ht nave been donedming its continuance, 23 Y., c. 9, s. 65. " Instrument" shall include every deed, writiog, printed form, do- cument, paper, matter or thing charged with or made liable to any Stamp duty, 28 v:, c. 9, s. 66. 691 UacoYory of pen- alties ApplicatioQ Commencemout ol' prosecution Befimd of duties rectification of mis- takes Contlnua t i o n— Interpretation '* InBtrument" SCHEDULE. Part the First. Agreement — £ a. d. On every agreement, or any minute or memorandum of an agreement under hand only (and not otherwise charged in this Schedule, nor expressly exempted from all stamp duty) where the matter is of the value of £20 or upwards, whether it be onlj evidence of a con- tract, or obligatory upon the parties from its being a written instrument .... 040 Where divers letters are offered in evidence to prove any agreement between the parties who have written them, it is sufficient if any one is stamped with a duty of 4s. at any time before it is given in evidence. Exemptions from the pkeceding, and all othek Stamp Duties. £ s. d. Memorandum, or agreement for the hii'e of any laborer, artificer, tradesman, manufacture!, or menial Servant Memorandum, letter, or agreement made for, or relating to any goods, wares ana merchandize But any memorandum or agreement, intended as prepara- tory to a more formal instrument, and so stated!' on the face of it, may be stamped vrith the duty hereby im- posed, if made within this Island at any time within ninety days after date, and if made out of the Island, within six months after Annuity, Ee-purohase of — Any release or assignment of an annuity, or rent charge, made subject in, and by the original grant thereof, tobe redeemed or re-purchased shall, on the re-purchase, be exempted from the duty on a conveyance or transfer of land, and be charged only with the duty imposed upon a deed not otherwise charged Appointments — On evei-y original appointment of Island or Stipendiary Curate On every appointment by her M^esty's Letters Patent, to any public ofSce of tms Island ..- On every appointment in execution of a power of land or other property, real or personal; or of any use or interest therein, where made by any wntuig, not being a deed or will ■>■. ■••■ ■••• •■•• •••• 013 3 6 13 3 40 692 STAMPS. On every appoiutment to an office of emolument, payable by the public, a sum equal to two per cent, upon the sa- lary (for one year) affixed to such office, in addition to any other stamp. (See Commission.) Exemptions from thb preceding, and all other Stamp Duties. £ o. d. All appointments to any public office, where the party is to officiate for another during his absence from his duties, by leave ot the Grovemor Articles of Clerkship — On every article of clerkship or contract, whereby any person shall first become bonnd to serve as a clerk, in order to his admission as a Solicitor, Attorney and Proc- tor in the Courts of this Island 26 13 3 On every article of clerkship or contract, whereby any per- son shall become bound to serve as a clerk, in order to any such admission, for the residue of the term for which he was originally bound, in consequence of the death- of his former master, or of the contract between them being vacated by consent, or by rule of Court, or in any other event 13 3 Award — On every award 8 Bankers' Cheques — On every cheque to be drawn on ajuy Banker, Bank, or Banking Fiim or Company in this Island on, from and after the first day of February, one thoueadd eight hun- dred and sixty -five 001 Bills, or Cheques for Money — On every Cheque, Draft or Order for the payment of any sum of money, not less than forty shillings, to, or in favor of any person at sight, or on demand, on any person or firm, other than a Banker or Banking Firm or Company, at sight, or on demand 001 And, until dies or adhesive stamps of one-j)enny denomina- tion are received for the purposes of this Act, it shall be lawful to make use of Post Office Stamps or labels of the like denomination, until the first day of March, one thou- sand eight hundred and sixty-five ; and the Keeeiver- General shall keep a separate account of all Post Office Stamps or labels so made use of Bills of Exchange, (Inland) — Draft or Order, or Acceptance for the payment to ,the bearer, or to order, at any time otherwise than on de- mand, of any sum of money amounting to ten pounds, andnot exceeding thirty pounds... ,3 Above thirty pounds, and not exceeding fifty pounds 9 Above fifty pounds, and not exceeding one hundred pounds 13 Above one hundrea pounds, and not exceeding two hun- dred pounds 020 Above two hundred, pounds, and not exceeding three hun- dred pounds.- 033 Above tnree hundred pounds, and not exceeding four hun- dred pounds 040 Above four hundi'ed pounds, and not exceeding five hundred pounds 5 3 Above five hundred pounds, andnot exceeding one thousand pounds 6 9 Above one thousand pounds, and not exceeding two thon- siiud pounds 13 3 Above two thousand pounds, and not exceeding three thou- sand pounds 169 And where it shall exceed three thousand pounds 2 STAMPS. 1 Inland bill, di'af t or ordei' for the payment of any sum of mo- ney weekly, monthly or at any other stated period, if made payable to the hearer, or to order, or if deli- vered to the payee, or some person on his or her be- half, when the total an unt of the money thereby made payable shall be specified therein, or can be ascertained therefrom -o^a'S OS'S Exemptions from the preceding, and all other Stamp Duties. 693 Ail drafts or orders drawn on the Receiver-General ; but they shall, notwithstanding, be liable, at the time of pay- ment, to the ■■■ -■• Bond- When the money secured, or to be ultimately recoverable thereon, shall be limited not to exoeeda given sum, the same duty as on a bond for such limited sum. And when the total amount of the money secured, or to be ultimately recoverable thereon, shall be uncertain, and 13 3 4 8 9 3 2 3 3 6 9 10 13 3 16 9 1 1 3 3 1 6 9 1 13 3 2 694 STAMPS. jj s. A withoat limit, the same duty as on bond tor a sum equal to the amount of the penalty of such bond. And where there shall be no penalty of the bond in such last-mentioned ease, such Bond shall be available for such an amount only as the ad valorem duty denoted by any Stamp or Stamps thereon shall extend to cover. Bond given as a security for the payment of any sum of money which shall be in part secured by a mortgage, or other instrument, or writmg, hereinafter chargedwith the same duty as on a mortgage bearing even date with such bond, or for the performance of covenants con- tained in such mortgage, or other instrument, in writ- ing, or for both those purposes 13 6 Bond given a sa collateral or auxiliary security for the pay- ment of any annuity, upon the originaliCreation and sale thereof, where the same shall be granted, or conveyed, or secured by any other deed, or instrument, liable to and charged with the a^ valorem daty hereinafter im- posed on conveyances, npon the sale of any property .. 13 6 Bond given as a security lor the payment of any annnity ' (except upon the original creation and sale thereof), or of any sum or sums of money, at stated periods (not being interest for any principal sum, nor rent reserved, or payable npon any lease), for any definite and certain term, so that the total amoont of the money to be paid can be previously ascertained, the same duty as on a bond 01 the like nature for the payment of a sum of money equal to such total amount. Bond given as a security fcr the payment of any annui- ity Except as aforesaid), or Jof any sum or sums of money at stated periods (not being interest for any prin- cipal sum, nor rent reserved, or payable upon any lease), for the term of life, or any other indefinite period, so that the whole money to be paid cannot be previously ascer- tained. Where the annuity, or sum secured, shall not amount to ten pounds per annum 040 To ten pounds and under fifty pounds per annum .... 8 To fifty pounds, and under one hundred pounds per an- num 12 One hundi'ed pounds, and under two hundred pounds per annum ■■-. 16 Two hundred pounds, and under three hundred pounds per annum .... 100 Three hundred pounds, and under four hundred pounds per annum .... --•■ ■■■■ 166 Pour hundred pounds, and under five hundred pounds per annum . .*-. .... 113 6 Five huiidved pounds, and under seven hundred and fifty pounds per annum "■■" .... 200 Seven huuJicd and fifty pounds, and under one thousand pounds per annum 266 One thousand pounds per annum, or upwards "2 13 6 Bond, commonly called counter bond, for indemnifying any person who becomes bound or engaged as surety for the payment of any sum of money, or annuity 13 6 Bond for the due execution of an office, and to account for money received by virtue thereof 13 6 Bond of any kind whatever, not otherwise charged in this Schedule, nor expressly exempted from all Stamp duty .... ■-.. ■-•- 13 6 Bond- Any transfer or assignment of any such bond as afore- said, and which shall have paid the proper ad valorem duty on bonds. Whertthe principal mone^ secured by the bond Bhall not STAMPS. 695 £ E>, d. exceed five hundred pounds, the same duty as on a bond for the total amount of such principal money. And in eveiy other case, such transfer or assignment shall be chargeable with the duty of .... 13 6 Exemptions from the peeoeding and all other Stamp Duties. £ B. d All security or penal bonds to Her Majesty, her heirs and successors. Bonds given by Colleclors of Dues and Stamps, Collec- tors of Rum Duties, and their sureties, for the due payment of money collected by them, or otherwise re- lating to their offices. Bail bonds and replevin bonds. Certificates — On every Certificate of the admission of a Barrister, to pi'actice in the Courts of this Island .:.. 13 6 6 On every Certificate of the admission of a Solicitor, Attor- ney, Conveyancer, or Proctor, to practice in the Courts of this Island, where the person had entered into arti- cles of clerkship or contiact, dated after the passing of the " Stamp Duty Act, 1855," or of this Act, and duly stamped, according to the provisions of such Act, ov of this Act 80 And on every other certificate of the "imission of a So- licitor, Attorney, Conveyancer, or ti lotor, to practice in the <;ourtB of this Island 106 13 6 But no one person is to be obliged to take out more than one certificate, although he may act in more than one of the capacities aforesaid, or in several of the Courts aforesaid Charter Party — On every Chai-ter party I 6 6 Circulai" Notes — Bankers or others — The like amount, and progressive rates of ad valorem duties shall be paid thereon respectively, as are by this Act or Schedule charged on Foreign Bills of Exchange of coiTesponding amount Commissions — On every grant, letters patent, or commission of Chief Justice and Vice Chancellor, so long as the same offices shall be held conjointly 133 6 6 On every grant, letters patent, or commission of Chief Justice, if the office be held separately 100 Vice-Chancellor, if the office be held separately 75 Assistant Judge of the Supreme Court 95 On every commission of Gustos Rotnlorum for any Pre- * cinct or Parish within this Island 13 6 6 On every commission or writ of association for Magis- trates, and each nomination therein 2 On every commission of Master in Ordinary in the Court of Chancery(no new Commission is to be granted, 28 v., c. 36, s. 11) 26 13 6 On every commission of Master Extraordinary in the Court of Chancery On every commissionorappointment of Attorney-General Advocate-deneral ' On every commission of General Officer of the Militia of this Island Field Officer in a Regiment of MiliLia .... On every commission or appointment conferring the rank ot Field Officer, otherwise than herein set forth 40 On every commission of Captain of a Troop, or Compa- Xij in any Regiment t.-?- " 36(3 13 26 13 13 6 6 6 6 26 13 4 6 4 1 13 16 6 80 80 26 13 80 80 80 80 40 6 16 40 80 4 80 696 STAMPS. £ s, d. On every commiaBion or appointment conferring ttie rank of Captain, otherwise than above set forth .... 133 6 6 On every commission of Lieutenant or Comet of a Troop, or Lieutenant or Ensign of a Company of any Eegiaent of Militia .... .... 1 13 6 On every commission or appoiatment conferring the rank of Subaltern, otherwise than above set forth 66 13 6 On every commission of Adjutant or Quarter-Master in the Militia .... .... 1 13 6 On every commission or appointment of Surgeon in the Militia .... Assistant Surgeon iu the Militia Lieutenant of a Fort on the Island establishment .... Staff or Brevet Officer not herein specified, conferring rank above that of Captain Physician-General, Surgeon-General, or Apothecary-Ge- neral of the Militia, and their respective deputies .... Adjutant-General in the Militia .... .... Quarter-Master General .... Muster Master-General Barrack-MasterGeneral of Militia Deputy to any of the four last-mentioned Officers .... Aide-de-Camp to the Commauder-in-Uhief On every commission or warrant of Aide-de-Camp aud Major of Brigade to a General Officer ■ On every commission of Judge Advocate-General Deputy Judge Advocate-General Deputy Judge Advocate to a Regiment of Infantry, or Troop of Horse On every commission iu the Militia, not herein specified On every commission, grant, warrantor appointment from the governor of any office or employment, of the annual value of £100, not otherwise charged in this Schedule, nor expressly exempted from all Stamp duty 2 Aud when the same shall exceed one hundred pounds, for every additional one hundred pounds (see Appoint- ment) 400 Exemptions from the pkeceding, and all other Stamp Duties. All commissions, when the party is to officiate for an- other during his absence from his duties, by leave of the Governor. Conveyances — Conveyance, whether grant, bargain and sale, assign- ment, transfer, release, or any other kind or description whatever, or order or decree of the High Court of Chan- cery of England, or this Island, or other competent jurisdiction or authority, operating as a conveyance upon the sale of any land, tenements, rents, annuities or other property, real or personal, or of any right, title, interest, or claim into, out of, or upon any lands, tenements, rents, annuities, or other pro- perty ; that is to say, for or in respect of the principal or only deed, instrument, order, decree or writing, whereby the lauds or other things sold shall be grantea, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons by his or tiieir direction. Where the purchase or consideration . money therein, or thereupon expressed, shall not exceed ten pounds 6 6 Exceeding ten pounds, and not exceedmg twenty pounds ..-- 13 6 Exceeding twenty pounds, and not exceeding fifty pounds ' ,. , ,-•■; 16 6 Exceeding fifty pounds, and not exceeding one hundred pounds 2 Exceeding one hundred pounds, and not exceeding two hundred pounds 2 13 6 STAMPS. 697 Exceeding two hundred poiindB, and not exceeding three hundred pounds Exceeding three hundred pounds, and not exceeding four hundi'ed pounds . Exceeding four hundred pounds, and not exceeding five hundred pounds Exceeding five hundred pounds, and not exceeding six hundred pounds Exceeding six hundred pounds, and not exceeding seven hundred pounds Exceeding seven hundred pounds, and not exceeding eight hundred pounds Sxceedinv eight m hundred pounds Exceeding eight hundrtd pounds, and not exceeding nine Exceeding nine hundred pounds, and not exceeding one thousand pounds Exceeding one thousand pounds, and not exceeding one thousand five hundred pounds ■-.. Exceeding one thousand five hundred pounds, and not ex- ceeding two thousand pounds Exceeding two thousand pounds, and not exceeding two thousand five hundred pounds .... Exceeding two thousand five hundred pounds, and not ex- ceeding three thousand pounds Exceeding three thousand pounds, and not exceeding three thousand five hundred pounds ■ ■ " ■ Exceeding three thousand five hundred pounds, and not exceeding four thousand pounds Exceeding four thousaud pounds, and not exceeding four thousand five hundred pounds Exceeding four thousand five hundred pounds, and not exceeding five thousand pounds ' Exceeding five thousand pounds, and not exceeding five thousand five hundred pounds Exceedlgg five thousand five hundred pounds, and not exceedmg six thousand pounds Bxceedlng six thousand pounds, and not exceeding six thousand five hundredjpounds Exceeding six thousand five hundred pounds, and not ex- ceeding seven thousand pounds Exceeding seven thousand pounds, and not exceeding seven thousand five hundred pounds Exceeding seven thousand five hundred pounds, and not exceeding eight thousand pounds Exceeding eight thousand pounds, and not exceeding eight thousand five hundred pounds Exceeding eight thousand five hundred pounds, and not ex- ceeding nine thousand pounds Exceeding nine thousand pounds, and not exceeding ten thousand pounds And for every additional one hundred poimds, and also for any fi'actional part of one hudnred pounds Note. — The purchase, or consideration money, is to be tru- ly expressed and set forth, in words at length, in or upon every such principal or only deed, order, decree, or instrument of conveyance. . And where auy lands,, or other property , held under differ- ent titles, contracted to be sold at one entire price for the whole, shall be conveyed to the purchaser in sepa- rate parts or parcels by different deeds, orders, decrees, or instruments, the purchase, or consideration shall be divided and apportioned as the parties think fit, so that a distinct price or consideratlou for each separate part or parcel may be set forth In or upon the principal or only deed, order, decree, or instrument of conveyance relat- ing thereto, which shall be charged with the ad valorem 4Q £ s. d 3 6 6 4 4 13 6 5 6 6 6 6 13 6 7 6 6 8 10 6 6 13 6 6 16 J3 6 20 23 6 6 26 13 6 30 33 6 6 36 13 6 40 43 6 6 46 13 6 50 53 6 6 56 13 6 60 63 6 6 13 6 698 STAMPS. dnty in respect of the price or consideration money therein set forth. And where any lands, or other property, contracted to be purchased by two or mo;:e ^persons jointly, or by any person for himself and others, or wholly for others, at one entire price for the whole, shall be conveyed in pai-tB or parcels by separate deeds, orders, deoress, or in- struments to the persons for whom the same shall be pur- chased for disfincf parts or s^iares of the purchase-money, the prmcipal or only deed, order, decree, or instrument of conveyance of each separate part pr parcel shall be charged with the ad valorem duty in respect of the sum of money therein specified as the consideration for the same. But if separate parts or parcels of such land, or other pro- perty is conveyed to, or to the use of, or in trust for dif- ferent persons, in and by one and the same deed, order, decree, or instrument, then sncli deed, order, decree, or instrument shall be charged with the ad valorem duty in respeot of the aggregate amount of the purchase or consideration moneys therein mentioned to be paid, or agreed to be paid for the lands or property thereby con- veyed. And where any person, having contracted for the purchase o)f any lands, or other property, but not having obtained a conveyance thereof, contracts to seE to any other person, and^fee same in consequence is conveyed immediately to the sub-purchaser, the principal or only deed, order, de- cree, or mstrument of conveyance shall be charged with the ad valorem duty in respect of the purchase or consi- deration money therein mentioned to be paid, or agreed to be paid by tne sub-pur^aser. And where any person, having ooulraoted for the pur- chase of any lands, or other property , but not having ob- tained a conveyance thereof, contracts to sell the whole or any part or parts thereof, to any person or pereons, and the same in consequence is conveyed by the origi- nal seller to diflFerent persons in parts or parcels, the prm- cipal or only deed, order, decree, or instrument of con- veyance of each part or parcel thereof, shall be charged with the ad valorem duty in respect only of the pur- chase or consideration money therein mentioned to be paid, or agreed to be paid for the same by the person or persons to whom, orto whose use, or intrust for whom the conveyance is made, without regard to the amount of the ~ original pni chase-money. Bnt where any snb-pnrchaser takes an actual conveyance of the interest of uie person immediately selling to him, which shall be chargeable with the ad valorem duty, in respect of the purchase or consideration money paid, or agreed to be paid by him, and shall be duly stamped ac- cordingly, any dee"d, order, decree, or instrument of conveyance to be afterwards made to him of the property in question, by tiie original|seller, shall be exempted from the ad valorem duty, and be charged only with the ordi- nary duty on deeds, orders, decree, or instruments of the same kind, not npon a sale. And where any lands, or other property, separately con- tracted to be pnrchaaed of different {lersons, at separate and distinct prices, are conveyed to the purchaser, or as he shall direct, in and by one and the same deed, order, decree, or instrument, such deed order, decree, or instiu- ment shall be chai'ged with the ad valorem duty in res- pect of the aggregate amount of purchase or considera- tion-moneys therein mentioned to be paid, or agreed to be paid for the same. And where any lands or other property are sold and con- veyed in consideration wholly, or in part, of any sum of STAMPS, 699 money charged thereon, by way of mortgage or other- £ wise, and then due and owing to the purchaser, or are Bold and conveyed, subject to any mortgage, bond, or other debt, or to any gross or entu-e sum of money to be afterwards paid by the purchaser, such sum of money or debt shall be deemed the purchase or consideration mo- ney, or pai't of the purchase or consideration money, as the case may be, m respect whereof the ad valorem duty is to be paid : Provided, where the mortgagee or other person in the situation of mortgagee, shaU become the purchaser of the equity of redenption, the duty shall be charged upon the true and real value of the property, as if it stood unmortgaged, to be calculated and ascertained as U (is) after directed in this Schedule, under the head of settlement. And where, upon the sale of -any annuity or other right, not before in existence, the same shall not be created by actual grant or conveyance, but shall only be secured by bond, warrant of attorney, covenant, contract or otherwiae, the bond or other instrument by which it is secured, or some one of such instruments, if more thaa one, shall be deemed and taken to be liable to the same duty as an actual grant or conveyance. And where there are several deeds, orders, decrees, in- struments or writings for completing the title to the property sold, such of them as are not liable to the ad valorem duty, to which the same may be liable, and which shall upon the face thereof, refer to the princi- cipal deed, order, decree or instrument bearing the ad valorem stamp, shall be charged with the duty to which the same may be liable, under any general or particular description of such deeds, orders, decrees, in- struments or writings contained in this Schedule : Provided, That when any deed, order, decree, instru- ment or writing, not liable to such ad valorem stamp, is tendered to the Secretary of this Island for the purpose of being recorded, the principal deed, order, decree or instrument, bearing the ad valorem stamp, shall also be produced, and the fact of such production, and the amount of such ad valorem stamp shall be certified by the Secretary on such other deed, order, decree or in- strument, and SQch certificate shall be deemed sufficient evidence of the ad valorem 'duty having been impressed on the principal deed, order, decree or instrument, with- out its being necessary to produce the same in evi- dence And where in any case not hereby expressly provided for, of several deeds, orders, decrees, instruments, or writings, a doubt shall arise which is the principal, it shall be lawful for the parties to determine for them- selves wliioh shall be so deemed, and to pay the ad valorem duty thereon accordingly ; and the other deeds, orders, decrees, instruments or writings on which the doubt arises shall, upon the face of each of them, refer to the principal deed as bearing the ad valorem duty. And where there are duplicates of any deed, order, decree or instrament chargeable with the ad valorem duty, exceeding two pounds, one of them only shall be charged therewith, and the other or others shall be charged witli the ordinarv duty on deeds, orders, de- crees or instruments of tne same kind, not upon a sale. And where any deed, order, decree or instrument ope- rating as a conveyance on the sale of any property, operates also as a conveyance of any other than the property sold by way of settlement, or for any other 700 STAMPS, purpose, or also contains any other matter or thing be- Bides what shall be incident to the sale and convey- ance of the property sold, or relate to the title thereto, every such deedj. order, ..decree or instraSnent shall be charged, in addition to the duty to which it is liable, as a conveyance on the sale of ^ property, with such further stamp jduty, as any separate deed, order or de- , cree containing the other matter would have been chargeable with. i Exemption from any Stamp Duty under the preceding head " Conveyance." £ s d. Any deed, order, decree or instrument, whereby ,any po- licy of assurance on the life of any person, or fqr the in- surance of any property, shall be assigned br trans- ferred by the insurer to any person, the ori^nal policy having been duly stamped.. • Exemption from all Stamp Duties Whatever. • Conveyance of land as a site for any Church 'or Chapel of any religious denomination. Copartnership — On all articles of copartnership or other agreement to that effect .^ 16 6 Customs' Wan'ants — * On and from the first day of January, one thousand eight hundred and sixty-five on Customs' Warrants, inwards and outwards, per set .... 3 Deeds — On every deed, order, decree or other instrument exe- cuted wholly out of this Island, and not bearing the Bri- tish ad valorem Stamp, the same dnty as is hereby im- posed on deeds or instruments of a like nature executed in this Island, On every deed, order, decree or instrument, executed part- ly out of this Island and partly in this Island, and on which the British ad valorem duty has been impressed, one half the dnty imposed on deeds or instruments of a like nature, executed wholly in this Island. And on every deed, order, decree, or instrument, wholly executed out of this Island, and bearine the British ad valorem Stamp, the like ad valorem duty as on deeds executed in this Island, or in the option ^f the parties, a a duty of -r>-, - 3 6 6 Duplicate or counterpart of any deed, order, decree, or in- trumerit whatsoever, chargeable with any Stamp duty or duties under this Schedule, where the iJSlamp duty or t, duties chargeable as aforesaid shall not amount to the sum of thirteen shillings and six pence, .thesame duty or duties as shall be chargeable upon the original deed, or- der, decree, or instrnment And when the Stamp duty or duties shall amount to the sum of thirteen'shilliiigs and six pence or upwards . . 13 6 On every deed of any kind whatever, not otherwise charged in this Schedule, nor expressly exempted from all Stamp duty .... 13 6 Es»heats^ On every patent of Escheat, if, by ihe judgment in Es- cheat, the premises appear to be of or under the value of two hundred pounds 6136 And if ".the same exceed two hundred pounds, tlien for every additional one hundred pounds, and also for any fractional part of one hundred pounds 3 6 6 On every letter of preference for Escheat 1 6 6 Kettubah — On every Kettubah, or Jewish contract of marriage, the same Stamps as on settlements. STAMPS. 701 £ 9. a. liease— o'" gLo BO H 3 >■ OQ ea o c3 liease of any lands or heieditamentSsgrant- ed in oonsidemtion pf a enm of money by -way of fine, .premium, or other giroaa sum paid for the same, 'yrithout any yearly rent, or with any yearly, tinder twenty pounds , Lease of any lands or hereditaments at a yearly rent, with out any sum of money, by way of fine, premium, or other gross sum paid for the same : Where the yearly rent shall not amount to one hundred 'pounds 13 6 Wiere it amounts to one hundred pounds, and not to two hundred pounds ....... 100 To two hundred pounds and not to three hundred pounds 16 6 To three hundred pounds and not to five hundred pounds 2 To firre hundred pounds, and not to one thot^sand pounds 3 13 6 And where the same amounts to one thousand pounds or upwards 400 And where such rent progressively increases then the amount of duty, payable upon the nicest rent reserved. Lease of any lands or heredita-' ments, granted in consideration of a sum of money, by way of fine, premium or other gross sum, and also of a yearly rent, amounting to twenty pounds or upwards. jH S'rt ©'^ "^ C8.9 § & 1 £ m « (D 'O O « m^ cu^vta^fi o aa fh o Lease not otherwise charged in this Schedule, and for the counterpart or dnplicate of any lease whatsoever . . 13 6 And where any lease is granted for a consideration, by way of fine, premium, or other gross sum, payable in produce, or the yearly rent is so payable, then apd in such case, such produce shall be estimated for the purpose of reducing the same to a pecuniary value, at and after the rates following : For each hogshead of sugar ;... 12 For each puncheon of rum 1000 For each tierce of paffee 12 And the duty shall bk charged on the amount arising on such estimate, as if the fine, premium, of other gross sum or yearly rent had been expressed in money. Exemption from AJijr Stamp Duty under the preceding Head " Lease." Leases of waste or nneoltivated land to any person, for any termnot exceeding three lives, or ninety nine years, where the fine shall not exceed five shillings, nor thftjeserved rent one pound one shilling per annum, and the coun- ■ffirparts or dnpliaates of all such leases. Legacies — On every receipt or other discharge for any legacy given by any will or testamentary instrument, or for the clear residue (when devolving to one person) and for ' every share of the clear residue (when devolving to two or more persons) of the personal estate of any person (after deducting debts, funeral expenses, legacies, and other charges first payable thereout) whether the title to such residue, or any share thereof, accrues by virtue of any testamentary disposition, or upon a partial or total intestacy : Where such legacy, residue, or share of residue amounts to fifty pounds, and is under one htmdred pounds ^ ^^ (j £ B. d. 4 5 6 6 8 10 13 6 13 6 b 16 18 13 6 31 6 6 24 i^Qg STAMPS. One htuidred ponuds, and under two hundred pounds Two hundred pounds, [and under three hundred pounds Three hundred pounds, and under four hundred pounds Four hundred pounds, and under fiye hundred pounds Fiye hundred pounds, and under six hundred pounds Six hundred pounds, and under seven hundred pounds Seven hundred pounds, and under eight hundred pounds Eight hundred pounds, and under nine hundred pounds Nine hundred pounds, and nnder one thousand pounds And for every additional one hundred pounds, or fraction- al part thereof, the further sum of 3136 And the person or persons receiving any such legacy, resi- due or share of residue, is and are hereby deolared to be charged and chargeable with the payment of the stamp duties hereby imposed, and not the heir, execu- tor or administrator of the deceased, unless when oth- erwise directed by the will. Exemptions from any Stamp Duty under the preceding head " Legacies." Legacies and residues, or shares of residue of any such estate or effects as aforesaid, given or devolving to, or for the benefit of the husband or wife, children or grand children of the deceased. Letters— i On every letter of marque .... .... .... 36 13 6 On every letter or power of attorney, and every decree or order of the Court of Chancery of England or of this Island, or other competent jurisdiction or authority, operatmg as a power for the recovery of debts in this Island, or for the sale of property. 16 6 On every letter or power of Attorney, and every decree or order of the Court of Chancery of England or of this Island, or other competent jurisdiction or authority, operating as a power for 'managing any Pen, Flantei- tion, or Sugar Estate or Estates, and whether the same shall or shall not mclude a power for the recovery of debts or other purposes. ■■■. .... 40 On every letter or power of attorney, and every decree or Older of the Court of Chancery of England or of this Island, or other competent jurisdiction or. authority operating as a power tor mana^g premises mentioned in any such power, which consist of only a place of residence, habitation, or woodlands not opened, or common pasture, and whether the same shall or shall not include a power for the sale of such property, or for the recovery of debts .... .... 166 On every letter or power of attorney, and every decree or order of the Court of Chancery of England or of this Island, or other competent jurisdiction or authority, operating as a power authonzing a party to acknow- ledge payment and satisfaction of a mortgage de- mand .... -.-. .--. 4 On every other letter or power of attorney, or decree or order as aforesaid, not herein charged with a stamp duty, or exempted from all stamp duty, -and upon every substitution under a letter or power of attorney, or any decree or order as aforesaid 16 6 But in case any letter or power of attorney, or decree or order shall not disclose what particular real estate is to be managed, it shall be lawful for the Secretary of the Island, or the pei-son officiating for bun, to require the production of a declaration, to be taken before a Jus- tice of the Peace, stating the natuie of the real estate, in order that the said officer may be satisfied that the' proper stamp is impressed on such letter, power or de- cree or order. STAMPS. YOg £ 8. d. Liceneeg — On every annual license to retail Fire-avms 4 On evsry annual license to Hawkers and Pedlars 16 6 Oneveiyaunual license for selling gunpowder 4 On every license, to be taVon out yearly by any banker or bankers, bankuig company or corporation, or other per- son or persons wiio shall issue any promissory notes for money, payable to the bearer on demand, and allowed to bere-isBued 66 13 6 On every marriage license 13 6 rtgage— Mortgage, further charge in [security of, or affecting any lands, estate or property, real or personal, whatsoever. Also any conveyance, order, decree or instrument, disposing of any lands, Estate or property whatsoever, in trust to be sold, or otherwise converted mto money, which shall be intended only as a security, and shall be redeemable before the sale or other disposal thereof, either by express stipulation or otherwise, except where such conveyance, order, decree or instrument shall be made for the benefit of creditors generally, or for the benefit of creditors spe- cified, who shall accept the provision made for payment of their debts, or who shaQ exceed five in number. Also any defeazance, declaration or other deed, order or • decree of the Court of Chancery of England, or of this Island, or writing for defeating or makmg redeemable, or explaining or qualifying any conveyance of any lands, estate, or property whatsoever, which shall be apparent- ly absolute, but intended only as a security. Also any agreement, conti'aot, or bond, accompanied with a deposit of title deeds for making mortgage, or such other security, or conveyance, or instrument as aforesaid of any lands, estate, or property, comprised in such title deeds, or for pledging or charging the same as a security. When the same respectively shall be made as a security for the payment of any definite and certain sum of money advanced or lent at the time, or previously due and owing, or forborne to be paid, being payable : Not exceeding one hundred pounds l^t 6 Exceeding one hundred pounds, and not exceeding two hundred pounds ■■■■ 10 Exceeding two hundred pounds, and not exceeding three hundred pounds 16 6 Exceeding three hundred pounds, and not exceeding four hundred pounds .... .... 1 13 6 ' Exceeding four hundred pounds, and not exceeding five hun- dred pounds 2 Exceedmg five hundred pounds, and not exceedingsix hun. dred pounds 26-ft Exceeding six hundred pounds, and hot exceeding seven hundred pounds ' 2 13 6 Exceeding seven hundred pounds, andnot exceeding eight hundred pounds ....' 300 Exceeding eight hundred ponnds, and not exceeding nine hundred pounds •■■■ 366 Exceeding nine hundred pounds, and not exceeding one thousand pounds 3 13 6 Exceeding one thousand ponnds, and not exceeding one thousana five hundred ponnds 5 6 6 Exceeding one thousand five hundred pounds, and not ex- ceeding two thoasand pounds .... 7 Exceeding two thousand ponnds, and not exceeding two thousand five hundred pounds 8 13 6 Exceeding two thousand five hundred pounds, and not ex- ceedidg three thousand pounds .... ■ ■ ■ . 10 6 6 704 STAMPS. £ ». d. Exceeding three thonBandponnds, and not exceeding three thoneand five hundred poundg 13 Exceeding three thousand five hundred pounds, and not ex- ceeding four thousand pounds 13 13 6 Exceeding four thousand pounds, and not exceeding four thousand five hundred pounds 15 6 6 Exceeding four thousand five hundred pounds, and not ex- ceeding five thousand pounds 17 Ahovefive thousand pounds 20 And where the same respectively shall be made as a secu- rity for the repayment of money, to be the thereafter lent advanced, or paid, or which may become due upon an account current, together with any sum already ad- vanced, or due, or without, as the case may be, other than and except any sum or sums of money to be ad- vanced for the insurance of any propei-ty comprised in such mortgage or security against damage by fire, or to be advanced for the insurance of any hfe or lives, pur- suant to any agreement in any deed, whereby any an- nuity shall be granted or secured for such life or lives : If the total amount of the money secured, or to be ulti- mately recoverable thereupon, shall be -limited, not to exceed a given sum, the same duty as on a mortgage for such limited sum. And if the total amount of the money secured , or to be ultimately recoverable thereon, shall be uncertain, and without any limit, then the same shall be available as a security or charge for such an amount only of money or " stocl: intended to be thereby secured as the ad valorem duty denoted by any stamp or stamps thereon will extend to cover. Any transfer or assignment of any such other security as aforesaid, or of the benefit thereof, or of the money thereby secured. When no further sum of money shall be added to the prin- cipal money ah'eady secured 13 6 But no such deed, order, decree, or instrument as aforesaid shaU, in any of the said several cases be chargeable with any further or other sum than is herely expressly pro- vided, by reason of its containing any further or addi- tional security for the payment of such money, or any interest thereon, or any new covenant, proviso, power, ■ stipulation, or agreement, or other matter whatever in relation to such money, or the interest thereon, or by reason of its containing all or any of such matters. Any deed, order, decree, or instrument made for the further assurance only of any estate or property, which has been already mortgaged, pledged, or charged as a securitv by any deed, order, decree, or instrument, which shall have paid the ad valorem duty on mortgages or bonds, nnder any act or acts in force at the time of making such last-mentioned deed, order, decree, or instrument. Also, any deed, order, decree^ or instrument made as an additional or further security for any sum or sums of money already secured by any deed ©r instrument, which has paid the ad valorem duty on mortgage or bond chargeable as aforesaid 0136 If any further sum of money is added to the principal money already secured, such deed, order, decree, orinstni- ment for further assurance, or additional or further secu- rity, either by the mortgagor, or by any person entitled to the property by descent, devise, or bequest from such mortgagor, shall be chargeable only with the ad valo- rem duty on mortgages under this Act, in respect of such fmther Bom of money, in lieu of the duty aforesaid, not- STAMPS. 705 £ ». d. withstanding the same deed; order, decree, or instrument may contain any covenant either by the mortgagor, or by any person entitled us aforesaid, proviso, power, stipula- tion, or agreement whataover, in relation to the money already seemed, or the interest thereon. Where several distinct . deeds, orders, decrees, or instru- ments, falling within the description ot any of the'instru- mentsl hereby chai'ged with the ad valorem duty on mortgages, shall be made at the same time for securing the payment or transfer of one and the same sum of money the ad valorem duty, if exceeding two pounds, shall bo charged only on one of such deeds, orders, decrees, or instruments, and all the rest shall be charged with the duty to which the same may be liable under any more general description of the same, contained in this schedule. Exemptions from the said Ad Valorem Duty on Mortgages, et- cetera, but not from any other duty to which the same may be liable. Any deed, order, decree or other instrument, made in pui'snance of, and in conformity to any agreement, con- tract, or bond charged with, and which shall actually have paid the ad valorem duty. Any deed, order, decree, or other instrument, made for the further assurance only of any estate or property al- ready mortgaged, pledged, or charged as security by any deed, order, decree, or instrument which has paid the ad valorem duty hereby charged. Any deed, order, decree, or other instrument made as an additional or further security for any sum or sums of money already secured by any deed, order, decree or instrument, which has paid the ad valorem duty hereby charged, to be exempt from the ad valorem duty hereby charged, so far as regards such sum or sums of money, in case such additional or further seonrity is made by the same person or persons who made the original security ; but if anv further sum of money is added to the principal money already secured, or is thereby secured, to any other person, the ad valorem duty shall be charged in respect of such further sum of money. Any deed, order, decree, or instrument, whereby any po- hcy of assurance on the life of any person, or for the insu- rance of any property, is assigned or transferred by the insurer to any person as a security for money lent or ad- vanced, the original policy having been duly stamped, as by this act required. And the deeds, orders, decrees, and instruments, hereby exempted from the ad valorem duty shall, on the face of them, refer to the deed, order, decree, or instrument bearing the ad valorem duty : Provided, That"when any deed, order, decree, instrument, or writing, not liable to such ad valorem duty is tendered to the Secretary of this Island for the pui-pose of being recorded, the prin- cipal instrument bearing the ad valorem stamp shall also be produced ; and the fact of such production, and the amount of such ad valorem stamp shall be certi- fied by the Secretary on such other instrument ; and such certificate shall be deemed sufficient evidence of the ad valosem duty having been impressed on the principal one, without its being necessary to produce the same in evidence. Mortgages, et cetera, with a conveyance of the equity or right of redemption or reversion, or other matter in the same inetrament, Where any iustrnment operates as a mortgage, or other 4 B 706 STAMPS. £ =. d. instrument hereby charged with the ad valorem duty on mortgagee, and also as a conveyance of the equity or nght of redemption, or reversion of any lands, estate or property therein comprised to, or in trust for, or according to the direction of a purchaser, such instrument Bhall be charged, not only with the ad valorem duty on mortgages, but also with the ad valorem dnty before charged on a conveyance upon the sale of any property ; but where the equity or right of redemption or reverston is thereby conveyed or limited in any other manner, such instrument snaU be charged only as a mortgage. And in all other cases where a mortgage or other in- strument hereby charged with the ad valorem duty on mortgages is contained in o: e and the same deed, or- der, decree or writing, with any other matter or thing (except what shall be incident to such mortgage or other instrument) such deed, order, decree or writing shall be charged with the same duties as such mortgage or other instrument, and such other matter or thmg would have been separately charged with, if contained iu separate deeds or writmgs. Orders — On every order to a Minister to publish in his Church the intention of a party to apply to the Legislature for a private Bill 400 On every order for land or any other beneficial order under the sign manual, or seal at arms of the Governor, for any sum exceeding twenty pounds .... 16 6 Order of the Court of Chancery of England or of this Island, or other competent jurisdiction or authority, re- lating to the sale, mortgage or management of land, &c. (See Conveyance — Letters of Attorney — Mortgage.) Patents— On every patent not otherwise charged in this Sche- dule, nor expressly exempted from all stamp duty 16 6 Exemption from all Stamp Duty. Patents of pardon. Plats— On every plat, survey, or other Surveyor's return re- turned into any Court or office, or annexed to any deed or other mstrument. 2 On every copy of a plat, survey, or other Surveyor's retm-n issued from any public "office 020 Policies— On every policy of assurance or insurance, or other in- strument, by whatsoever name the same is called, whereby any assurance shall be made of, or upon any building, plantation, goods, wares, merchandize or other property, from loss or damage by fire only : Where the sum insured shall not exceed one hundred pounds ---- 056 And for every additional one hundred pounds, or frac- tional part thereof, up to five hundred pounds 5 6 And where it exceeds five hundred pounds, and not ex- ceed one thousand pounds '""" 200 And where it exceeds one thousand ponnds, and not two thousand pounds 2 13 6 And where it exceeds two thousand pounds, and not five thousand pounds 400 And where it exceeds five thousand pounds 6 13 6 On every policy of assurance or insurance, or other in- strument, {by whatever name the same is called, STAMPS. whereby any assurance shall be made upon any ship or vessel, or upon any goods, merchandize, or other pro- perty on board of any ship or vessel, or upon the freight of any ship or vessel, or upon any other interest in or relating to any ship or vessel which may lawfully be insured : Where the sum insured shal Inotexceed two hundred pouudu Where the sum insured exceeds two hundred pounds, and not five hundred pounds .... .... And if the whole sum insured shall exceed live hundred pounds, then for every five hundred pounds, and also for any fractional part of five hundred pounds, whereof the same consists .... On every policy of assurance, or insm'ance, or other instru- ment, by whatever name called, whereby any insurance is made upon any life or lives, or upon any event or con- tingency relating to, or depending upon, any life or lives : Where the sum insured amounts to one hundred pounds And upon every additional one hundred pounds, up to one thousand pounds, the further sum of And if the sum insured exceed one thousand pounds, then, for every five hundred pounds, and also for any fractional part of hve hundred pounds, whereof the same shall con- sist But any insurances'effected for periods less than twelve mouths shall be charged proportionately at the rates afore- said, according to the fractional parts of a year for which they may be respectively effected Presentations — On every presentation to a benefice, or church living .... Exemptions. Every case of simple and bona fide exchange of benefices between Eectors, or between Island Curates, or Stipendi- ry Curates, allowed and taking place at the instance of the respective incumbents. Promissory Note for the payment to the bearer on demand — Of any sum of money, not exceding one pound Exceeding one pound, and not exceeding two pounds . . Exceeding two pounds, and not exceeding five pounds . . Exceeding five pounds, and not exceeding ten pounds . . Exceeding ten pounds, and not exceeding twenty pounds Exceeding twenty pounds, and not exceeding thirty pounds Exceeding tldrty pounds, and not exceeding fifty pounds Exceeding fifty pounds, and not exceeding one hundred pounds - - . . Which said notes may be be re-issued after payment thereof as often as shall be thought fit. Promissory Note for the payment to the bearer, or to order, at any time after date or sight thereof for the principal sum — Exceeding ten pounds, and not exceeding thirty pounds Exceeding thirty pounds, and not exceeding ftily pounds Exceeding fifty pounds, and not exceeding one hundred . pounds .... Exceeding one hundred pounds, and not exceeding two hundred pounds Exceeding two hundred pounds, and not exceeding five buudi'ed pounds Exceeding five hundred pounds, and not exceeding one thousand pounds Exceeding one thousand pounds, and not exceeding two thousand [pounds] fixceeding two tBbusand [pounds] 707 £ s, d. 4 6 6 3 G 2 6 3 6 6 6 13 6 6 3 6 1 2 3 4 5 10 3 6 1 6 2 4 6 6 013 I 6 H 6 - 3 5 E (S tiO fe> 4 And for every additional forty lines of wntmg, and also for any fractional part of forty lines of writmg on the same sheet -■■- 4 Demy or medium paper, or anj paper, vellum, or parch- ment of the same size, containing not more than thirty linesof writmg ---• 2 And for every additional thirty hnes, and also for any irac- tional part of thirty lines of writing on the same sheet . . 2 Post paper, or any paper, vellum, or parchment of the same or smaller size, containing not more than twenty- four lines •■"" •"■■ 16 116 SU8VEY0ES, And for every additional twenty-four lines, and also for any fi'aotional part of twenty -ttrar lines of writjng on the same sheet . « In respect to Master's reports in Chancery, and accounts current, any person may write the same upon both sides of a sheet of paper, withoiit being liable to pay any fur- ther Stamp Duty than is hereby imposed upon one side of such paper. 16 Snnday, Good Friday, Christmas Day. Oponine pUM of Every person who, on the Lord's Day, Good Friday or Christmas busmoBs Day, opens any place of business except Druggists Shops and Diepensa- aireotiontSciMo ^es, shall be liable to a penalty not exceeding £10. Any Police Con- stable may require and direct any person so offending, to close such place of business, and every refusal to comply with such directions, shall Lodging Houses {,e considered a separate offence. Not to apply or extend to Losing of broaaor'ioo"' °' Houses and licensed Taverns, nor to the establishments for the safe of bread or ice, provided they are closed from 10 to 5 o'clock, 7 V., c. 14, S.21. The above clause shall not prevent any Lodging House or licensed Tavern from being kept open at any time, provided tney are designed for the accommodation of travellers and lodgers, 11 V., c. 14,- s. 4. Offering ot expo- Any person who, on the Lord's Day, Christmas Day or Good Friday, sing goods for saio og-grs or exposes for sale any goods, wares or merchandize, sball be liable to a penalty not exceeding 40s. for each offence of selling : but not to prevent the sale of mUk, bread, ice or greens, or the delivery of grass be- fore 10 a. m., and after 5 p. m., 7 V,, c. 14, s. 22. Christmas Day The provisions of 7 V.,c. 14, s. 21-22, so far as they prevent or pro- hibit the opening of any place of business, or the offering or exposing for sale any goods on Christmas Day, shall only extend during the hours of Divine Service, 7 V., c. 35. Subpoena, Writ of Names of 3 wit- The names of 3 witnesses only shall be inserted in one writ in civil nessosinonowrit ^^^g^ 39 V., C. 22, sch. Surveyors. To bo indoniared Except as after-mentioned, no person shall be qualified as a Surveyor forsyoarsieiamin- unless he iias been bound by indenture to serve some legally admitted Sur- ea ami oommisBion. ygygy fgj. 5 years, and during the term has continued in the active service ot his employer, and been examined and commissioned as after mentioned. Penalty not less than £10, and not exceeding £50, to be .ecovered sum- marily. Not to prevent any apprentice so bound, from performing the duties and office of a Surveyor for his employer, with his sanction, 22 V., c. 40, s. 2. Not to bo appron- No commissioned Surveyor shall take any person as his apprentice, ticed ™*^' j'^^~ under 16. The indenture shall be impressed vrith a £30 stamp, and shall d °a°inCi8rk of the within 6 months of its execution be lodged in the Clerk of the Supreme Courts offloo Oourt'6 office, vtho shall record it : and in default of its being lodged and recorded witbiu that period, it shall be void, 22 V., c. 40, s. 3. Order to bo ox amined AfB davit OneofthoExami nets to bo a erown Surveyor False ^ertifloatea A41Y person who has served an apprenticeship, may apply to the Su- preme Court for an order to be examined, admitted and sworn as a Surveyor of Laud, and the Court shall, on its appearing to them on af^davit that he has served 5 years under articles duly executed, and has complied witii thisf Act, make an order directing any two or more duly quaufled Surveyoi n to examine him as.to his qualification, 22 V., c. 40, s. 4, One of whom shall be a Crown Surveyor ; and any Surveyor so ap- pointed, who gives a- false certificate to any candidate for examination, shall be liable -to a penalty of £100j to be recovered summarily ; and suEvnyoES. 717 any commission obtained under snoti fabricated certificate, shall be void, 25 v., c. 27, s. 1. On an attested copy of the order being served on the Surveyors, pny jna piaoo of they shall appoint" a day and place for proceeding with' such examina- pxominauon, wUch tiouj -which shall be public, and shall embrace a knowledge of Mathe- '°gJ|5°^,5™^,J „„. matics, theoretical and practical Land Surveying, including Trigonpme- brnooii trical Surveying and Eailway Surveyinfj, Drafting, Platting, Pi-otraoting and Isometncal and Topographical Dia, wmg ; and if the examination ap- Coriiacato pear satisfactory to the Surveyors, they s&U "certify to the Court or a Judge in Chambers, if it is not sitting, that such person has been found qualified, which shall be sworn to by them before a Justice or Commis- to bo sworn to sioner of the Grand Court, and upon its being produced to the Court or oiSor authoriz a Jndge, the Court or Judge shall cause an order to be entered up in ing pai-ty to aot on Clerk of the Court's office, authoiizing and empowering such person to ^Umg out commis- act as a Surveyor of Land, on his taking out the necessary commission, 22 v., c. 40, sf 5. The examination shall be. held in tli'e Court House of the most con- ExamSnaiion to venient town of the County in which the candidate resides; and the oJtho''oomity°°"'° Surveyors to examine, shall publish in the " Gazette" a notiiication of And notico aa- the lime and place, and if they do not meet, a fresh notice shall be given, Tortizoa 25 v., c. 27, B. 2. The Surveyors appointed to examine any apprentice or other per- Examinor'» tma eon applying for a commission, shall be paid by him a fee of 2 guineas for eacn Surveyor not exceeding two, 22 V., o. 40, s. 3i On presentation to the Governor of an attested copy of the order, such Commission person snail Le entitled to receive a commission as a Laud Surveyor, which shall be impressed with a stamp duty of £60, in lieu of all other stamp stamps and fees, and shall be signed by the Governor. And no peraon No person to act shall act or take upon himself the office or dufc'es of a Surveyor until he ""'i, *° ^?"j™'' has taken out such commission, and been duly gazetted. If the stamp duty ' Koduooa stamp of £30 on the indenture of apprenticeship has been already paid, the com- mission shall bear a stamp of £30 only, 22 V., c. 40, s. 6. Any person legally qualified to act as a Surveyor in Great Britain, or porsons legally Ireland or in the Colonies, shall be qualified to act as a Surveyor of, andin this QuaiiAod in Groat Island, if he makes it appear on application to the Court, that he was so- Sfo'cSonies'""'' °' duly qualified ; in which case the Court may make an order for his ob- taining, in like manner and subject to the Stamp Duly and publication in the Gazette, a commission before provided, 22 V., c. 40, s. 7. No Surveyor shall permit his name to be used by any person other Sot to pormit than his la-vrml >indented apprentice. Penalty £50, to be recovered sum- Moaeioeptbytiieir marily, 22y., c. 40, B. 8! • appromiooa Persons heretofore duly commissioned shall be qualified, 22 V., c. 40, Porsons provious- g Q ly commissioned No Sui'veyor shall deliver any plat whereby any parcel of land Hoquisiiesofpiata shall pass the Broad Seal, before he has surveyed and measured the land, g° ?"'' ""■ ^""^ on every side where accessible, and has seen the lines fairlj made, and the °* comer trees marked X, and the plat shall truly represent the respective par- cels of land, with their bounds and bearings, and describe the sort of wood every comer tree is of, with the alphabetici.I marks, and also contain a scale of distances, and measurments. Penalty, £100, 22 V., c. 40, s. 10 On all writs of view, or orders of Court, the Surveyors concernSd, shall Diagrams on writs in every diagram, or scheme of the lands in question, or those adjacent, of view or orders of which they shall return with such writs, or orders, or lay before the Court and Jury, faithfully lay down and describe all old marked trees and lines, and fixed, or known, and reputed boundaries, on oath, and lines fixed un- der former orders, or patents and writs of view on the lands comprized ■ within the schemes oi diagrams. Penalty, £50, 22 V., c. 40, s. 11. When any Surveyor intends to survey, or re-survey lands under Notices »£ SurToy person in possession he intends to run upon, by what authority, and by whom employed, and which of the lines Of the run, the particular coroeir, the course intended, the day and hour he purposes to begin to run the lines. 718 SUBVEYORS. Irom which corner, and on which course only he shall proceed. Penalty, £100 for every wilftil omission, 22 V., c. 40, s. 12. Dofaoine, &o. Any garveyor or other person who defaces, destroys, or removes any traos, &c. ■" lines upon earth, or any land marks, or marked tree, post orpillar shall be liable to a penalty of £100 recoverable summarily, 25 v., c. 27, s. 3. Rciupning plats If any Surveyor wilfully returns any plat Or diagram, Surveyed by him, una6r""th°^ Bro°ad ''y ™'ne of any order under the broad seal, which is afterwards found to soai covsred by a be Covered by any prior plat or plats, he shall be subject to a penalty of prior plat £100, besides being liable to make good all such damages, as any person Where lie person shall suffer by him, or on acconnt thereof. If the person foi whom the land has^ee™rottim°a ^^ ''^®" returned as belonging-to the Crown shall have pointed it out to points it out the Surveyor, as Crown land, and have required the return to be made, knowing it or any part to be covered by any prior plat, he shall also in hke manner, over and above damages to persons aggrieved, forfeit as after provided, £100, 22 V., c. 40, s. 14. Fresu notices to When any Surveyor, after giving notice of survey, is in consequence of BiciSMB°ic,°°'° °^ sickness or otiier inability, unable to attend on the day appointed, he shall ' ' give infoimation thereof, and before proceeding with the survey, issue fresh notices, but shall not be entitled to charge therefor, 22 V., c. 40, s. 15. Notice of resump- If after commencing a survey, he is by illness or unavoidable neces- '™ sity nnable to complete it, be must give further notice of rfisumption of the survey, at the line or boundary where he had left off; such notice, shall not be subject to stamp duty, 23 v., c. 40, s. 16. Appointment by In any ejectment wherein a Surveyor has not been appointed, or dies, the courtof Survey, or is removed, the Court on application may appoint one or more Sur- oreonojeetmentB yeyors to make surveys, 22 V., c.^^, s. 17 Oath to bo admin- The Surveyor so appointed and having accepted such appointment, shall iBteredlythem in open Court take and subscribe the following oath, to be administered by the Court, the title of the cause being superscnbed : — I, A. B., do swear that I will well and truly and faithfully make the ne- cessary traverses of the land in dispute m the present, ejectment, and that I will make a just and impartial representation thereof in the di- agram by me to be signed, without favor or affection to either party So help me God, 22 VT, c. 40, s. 18. Oath P'j'ious to No Judge shall order the taxation of the bill of any Surveyor for any taiation of biu ^^^jj. j^^g^ qjj ^^y. .^yjj ^j ^jg^ ^j order of Court, unless the Surveyor per- forming the same first take and subscribe the following oath : — I, A. B., do swear that all and every the ti'averses, protractions, reduc- ing, extending and slipping of plats, and other work charged in the above account, have been by me truly and faithfully made, done and performed in the above cause, and the same and every part thereof was proper, and necessary to be done to determine the boundaii^ of tihe land in dispute in the above cause, and that there are no charges in the said account but what are allowed in " The Land Surveyor's Act, 1858." So help me God. Which may be administered by any Justice, and shall be inserted at the Order for pay- foot °^ ^^^ account. Otherwise the taxation ahail not be taken and received. ment of taxed biU Such taxation shall be snillcient authority for the Sii^reme Court to crder payment to such Surveyor, and enforce same by attachment or otherwise Notice of taxation against the person deemed by the Court liable ; and before any Judge or- to the person liable ders any bill to be taxed, notice shall be given of the day, time and place of taxation, to the person liable to pay the amount, 22 V., c. 40, s. 19. Notices to Survey- In ejectment suits, the Surveyor of the plaintiff or defendant shall give 8»ite'°botb°to'°Bro' ^^ ^^^^' ^"^^"^ ^^ Writing to the other, of his intention to traverse the line in ceed'to moko sur dispute, and thereupon they shall both proceed to make the necessary sur- vey veys and traverses, and mutually communicate to each other their respective field notes, or other information, 22 V., c. 40, s. 20. Diagram and co- ^ Iheie be but One Surveyor, the diagi^m to be exhibited to the Court pics to bo furnished aud Jury shall be signed by him, and 4 copies made and signed, one for tiie "oyo?™'^ ™°^'"' Ciourt another for the Jury, another for the plaintiff's Attorney, and " the fourth for the defendant's attorney. In case there be two Survey- „ ors, the diagram shall be made out by the plaintiffs Surveyor from Where there area ^j^^ ggjj( ^^^^^ j^^en by himself and the defendant's Siu:veyor in the presence of each other, and mutually communicated, and shall be signed by the two. The defendant's Surveyor shall make two copies, one SURVEYOBS, 719 for the Court and the other for the defendant's attorney, and shall in dae time deliver the latter to the defendant's attorney. The plaintiff's Surveyor shall also make two copies, one for the Jury, the other for the plaintiff's attorney, and in due time deliver the latter to the plaintiff's attor- ney. In both oases the diagrams shall be delivered to the parties by the j'''''S°f''°"ti?'!Vi Surveyor solely appointed, or appointed by thc(, plaintiff, and he or they '^ ° °" ° ' shall deliver a c6py to both parties, at leastSO days before the trial, 33 V., c. 40, 8. 21 , No Surveyor other than such as werei appointed by, and have exeout- None but the Svx- ed the order of the Court, shall be admitted to give evidence touching the Je''°"ammea'°''to fixing of any plat, or otherwise in explanation of the diagram returned into giye evidence in e'x - Court, 22 V., C. 40, S. 22 '. planatlon of the ' diagraia The bill of such Surveyor, or of both Surveyors, to be taxed, shall be ByiwhomtheSm- psud by. the party against whom judgment is given, or who disoontihues or veyor's biUa shaii IS nonsuited ; and m case of a new trial being granted by the party applying ^" ^"'^ therefor, the adverse party giving security, to be approved oi by the Court, to refund the money if the verdict is given for the party applymg. If on the trial of any ejectment wherein the plaintiff has obtained an order for in ca>e of new running the lines, a verdict is found for the . plaintiff, if it appear to the "'"i Court oefore whom the ejectment is tried, that the defendant had been for 5 years in quiet-possession of the land recovered, and the Court so certifies, and that the verdict was in their opinion obtained principally on the evi- dence of fixing of plats, the plaintiff shall pay the Surveyor or Surveyors appointed by the Couri the amount of his taxed bill, and the defendant shall not be liable to pay the same, 99 V., o. 40, s. 23. No Surveyor shall wilftdly ilemand or receive greater fees than the un- fees dermentioned, under the penalty of £10, and disqualification from office, 22 V., e.4d, S.24. Scale of Charges, No. 1, £ s. d. Traversing road, per chain .... 2 " gullies, per chain 4 " river-courses, per chain 6 " or running lines, per chain 16 " Jury road, per luile, inclusive of plan 6 Attending Juries, per day, for the purpose of pointing out new road 2 Laying out Railways, per mile 700 •Making levels for any purpose, per mile 2 Laying out Tramroads, per mile .... 6 Every single lot of foot land 16 Every additional lot, if the whole do not exceed 10 lots, for each lot, and diagram, exclusive of stamp ...: 5 Every additional lot, if total does not exceed 20 lots 4 For every lot exceeding 20 lots 3 , Laying out lots of i an acre, and not exceeding 5 acres 1 5 acres, and not exceeding 10 2 10 acres, and not exceeding 20 (25 V„ c. 27, s. 4) 2 10 20, and not exceeding 30 3 For every di^am of the above, exclusive of stamp 6 For everv admtional 10 acres, above 30 acres, and not exceed- ing 100 -.- ---- — - ■-•■ 12 For eveiy diagram of the above, exclusive of stamps 16 All surveys above 100 acres to be charged for by the chain as above. „_ , , „ „ Making search in the Secretary's Office, per day 1 Writing out original notice of survey, exclusive of stamp 2 6 Writing out each copy of notice .... 10 Attending by apppointment to survey any land when the person employing such Surveyor does not attend at the time and place appointed 2 2 And in addition, mile money at Is 6d per mile, from the Sur- veyor's residence. Attending by appointment to meet another Surveyor, or to run a iTne ^hen such Surveyor does npt attend, or the run- fQO SUBVByORS. £ «. d. uing of the line is interrupted, S3 V., c. 37, s. 4] .... 2 3 For every plain plan of any property over 100 acres, the same having been previonsly surveyed, according to agreement. For embellished plans, drawings, &c., as agreed on. Copies of old plans as agreed on. General plans of any nutober of properties or districts, as agreed on. Scale No. 2. Where an Sntire property is surveyed — ' -. For every subdivision on any property, Fenn or Estate of any description of cultivation, common ruinate Or woodlands ,- when such subdivisions are fenced, or have known boun- daries and the survey is intended entirely for Plantation use, and the subdivisioi'S do not average more than 2^' acres for each subdivision 4 For every subdivision not exceeding or averaging more than 5 acres 080 More than 10 acres each 100 " 20 " .... .... 2 " 30 " .... .... .... 2 5 For every additional 10 acres over 30 5 When the lines are run at the same time, the Surveyor may charge for running them, according to Scale No. 1, notwith- Btanmng they form a part of the boundary of such subdivi- sions, and they are contiguous to each othei. Scale No. 3. For visiting a Pen, Sugar Estate, Coffee Plantation, or other property, for the purpose of surveying any part of the culti- vation, when the whole property is not surveyed. For any number of subdivMions not exceeding 5, and when they average not more than 2J acres each for each subdivi- sion .... 060 For each subdivision not exceeding 10 and not averaging more than 5 acres .... .... 10 Not exceeding 20, and not averaging more than 10 acres .... 1 Exceeding 20 subdivisions, and not averaging more than 20 acres each 1100 Exceeding 20 and averaging more than 20 acres, but not more than 30, each subdivision > .p. 2 For every additional 10 acres in each subdivision 5 22 v., u. 40, B. 24. Penoltios tor Penalty of £100 for any of the following offences ; — Foiging certia- Knowingly forging or counterfeiting, or causing, &c,, any certiiicate """"'I"""*"""™ of qualificatiSn. Knowingly hav- Knowingly and without lawful excuse, having or being possessed of e° to" '°'^°* ™rua- g^g]j forged or counterfeited certificate, knowing it to be forged. Borrow i n b or Borrowing or lending, or making use of, or allowing any one to make londing or using n use of any Certificate of qualification for any unlawful purpose. Eoprosentingone- Untruly representing oneseli to have obtained a commission for the Idl'commtoton'"' purpose of acting as a Surveyor, 22 V., c. 40, s. 25. EoooveraWo smn- g^gjj penalties shall be recoverable summarily, for the benefit of the '""''' informer, ^ V., c. 40, s. 26. Within la months B^t complaint must be made within 12 calendar months, 22 V., c. 40, s. 27. Summoning wit- The Justiccsmay summon witnesses in like manner, and with the same neases powers as in other cases, 22 V., c. 40, s. 28. ov»rplu3 aistrain- Where money is du'ected to be levied by distress, any overplus after eaontoboreturuod payment of the amount and expenses, shall be returned on demand to the party distrained upon, 22 V., c. 40, s. 29. Want of Form- No distress shall be deemed unlawful, nor the party a trespasser, on Irregularities accouut of any defect or want of form in the summons, conviction, award of distress or other proceeding relating thereto, nor the party a trespasser ab initio, on account of any irregularity afterwards committed ; but all TITLES OP OON&REWATIOKS, &0. persons aggrieved by any defect or ii-regularity, maj reoover eatisfiiotiou for the special damage in an action on the case, 22 V., c. 40. s. 30. Provision enabling the then agents for Surveyors vyho had acted as such tor 5 years jreviously, to obtain commissions, 22 V., c. 40, s. 31. Oath shall include the affirmation, in case of Quakers, or other deolara- rationa or solemnity lawfully substituted for an oath in the case of other per- sons exempted, by law from the necessity of taking an oath, 22 V., c. 40, 8. 33. The Land Surveyor's Act, 1858, 22 V., c. 40, ». 34. m Interpretation Oath Sir (or Madam, as the case requires.) I hereby give you noljoe, that I am employed by to survey and run ont a certain (here describe nature of survey), situate and be- ing in the parish of and known by the name of and which adjoins lan^s said to be in your pos- session or belonging to you, and that 1 shall commence to run the same on the . day of 18 at of the clock of the noon of that day, beginning at the corner of or road, and proceed (here state the course of chains), at which time and place you are requested to attend, by yourself, or a duly qualified Surveyor as yon may think fit, and in the mean time, I will make such traverses as I may deem requisite. Dated this day of 18 To Signature. Form of notice, , 12 Time, Computation of After the first day of the next Session of the Legislature, [16 October 18561 in all acts, the word "month" shall mean calendar month, unless words be added shewing Lunai' month to be intended. In all cases in which any particular number of days is prescribed by any Act, or mentioned in any rule or order of Court, made in pursuance of any s^ich Act for the doing of any act or for any other purpose, the same shalfbe reckoned, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last day, unless the last day falls on a Sunday, Chiistmaa-day, Good-Priday Monday or Tuesday in Easter, or a day apppointed for a pubho Fast, or Thanksgiving, in ^^ich case the time shall be reckoned exclusive of that day also, 18 v., c. &, s. 6. Reckoning; days Sunday, &c. Titles of Congrregations, Relig^ious, Educational and Charita- ble Societies. Whenever freehold, leasehold or other landed property has been or shall VesiinB of proper i be acquired'by any Congregation of {ftersons associated or Society for religious l? '" T'is'sm .ffojn purposes, for the promotion of education , or for any eleemosynary or charita- o'S°iictnni"TranBfei- ble purposes, as a Chapel, Meeting-house or other place of Eeligious worship, burial ground or cemetery, Hospital, Poor-houee, Asylum, or other Institution for eleemosynary or charitable purpose, or as a dwelling-house and Glehe for the Ministerof such congregation, or as a School-house, and School-masters's house and grounds, College, Academy or Seminaryl and grounds, hall or rooms for the meeting or transaction of the business of such congregation or Society, or for the furtherance of its objects, when the conveyance, as- signment or other assurance has been or may be taken to or in favor of Trustees to be from time to time appointed, or of any party named therein, or subject to any Trust for the congregation or Society, or the individuals composing the same, such conveyance, &c., snail not only vest the freehold, leasehold or other property in- the parties named therein, but also in their successors in office for the time being, and the old continuing Trustees, if any,jointly, or if none, then wholly in such suc- cessors for the time being, who may be chosen and appointed in the man- ner provided or referred to in the conveyance, &o., or in any separate deed or instrument declaring the Trusts thereof; or if no mode of appoint- ment is prescribed or referred to, or the power be lapsed, then as shall be agreed upon by the Congregation or Society upon such or the like Trusts, S|,nd subject to the same powers and provisions as are contained oi referred 4 T ■ 722 TONNAGE DUTIES. to in Buoh conveyance, &o., or separate deed or inBtrnment, or upon •which the property is held, without the necessity of any transfer, assignment, con- veyance or other assurance ; and -whether such formality has or has not been prescribed in the original conveyance, &e., or any such separate deed Not to invalidaio or instrument. But not to invalidate the appointment of a new Trustee or actual transfer Trustees, or the conveyance of the legal estate in any such property wliich may hereafter be made asheretofore as by law required, 1 16 V., c, 44, 1. 1. Dofntmems °' '^ ^°^ *'^® purpose of preserving evidence tliereof, every choice and ap- pointment of new Trustees shall he made to appear by some deed, under the hand and seal of the Chairman of the meeting at which the appoint- ment is made, executed in the presence of the meeting, and attested by twowitnessesinthe form orto the effect hereunderstated, or asnear thereto as the circumstances will allow, and shall be received as evidence in all Courts, and proceedings in the same manner, and on the like proof of other deeds and conveyances, and shall be evidence of the truth of the contents, 16 V., c. 44, e. 2 Proofana Beoora Every such appointment shall be impressed previously to, or within ""'' 30 days of execution, with a Stamp of lOs. during the present Stamp Act, (9 v., c. 12, by the necessity of a Stamp, under 28 V., c. 9), and may be proved and recorded as other deeds, and the record shall enjoy all the pri- vileges attached to the record of deeds of conveyances, 16 v., c. 44, s. 3. Form of appoint Memorandum of the choice and appointment of new Trustees of the ment of now Trm. (describe the Chapel or other property) situate at in "" thi parish of in the county of at a meeting duly convened and held for that pui'poae (in the Vestry of the said Chapel) on the day of 18 A. B. of, &c., Chairman. Names and descriptions of all the Trustees on the (original Conetitn- tion or last appointment) of Trustees, made on the day of 18 A. B. of, &c. C. D. of, &c. B. P. of, &c. G. H. of, &c. Names and descriptions of all the Trustees in whom the said (Chapel) and premises now become legally vested — First Old continuing Trustees. E. F. now of &c. Second New Trustees now chosen and appointed. B. A. of, &c. B. B. of, &c. Dated this day of A. D. 0.8 W. S. Seal. Signed, sealed and delivered by llie said W. S. as Chairman of the said Meeting, at and in the presence of the said Meeting, on the day and year aforesaid, in the presence of C. D. E. F. Tonnage Dnties. Public HoipHal ; Public Hospital. -On vessels trading to the northwai-d of the Tropic of «eo24V.,c. 3, s.s Cancer, 6d per ton. On vessels trading within the Tropics, 3d per ton; On Sugar Droghers and Coasting Vessels, 2s. per ton once a vear. ■ (Old Currency,) 46 G., 3, c. 28 s. 1 Marino Hoapito), Savauna-la-Mar Marine Hospital. — On vessels arriving at Savanna- la- Savanna la Mar jiar trading to the northward of the Tropic of Cancer, Is. per ton. Those trading between the Tropics, 6d. (Old Currency .) Vessels of War, Droghers and'Coasting Vessels exempted, with power to the Justices and Vestrymen to regulate the tax, not exceeding such rates, 53, 6., 3, c. 22, s. 4. TONNAGE DUTIES. Montego Bay Mai-ine HoBpital.— On vessels arriving and loading at Montego Bay from Europe, Is. 6d. per ton. On vessels trading between the Tropics, or owned by persons resident in St. James, trading to the British Colonies in America, or the United States, 4d. a ton. Vessels trading from the British Colonies, or United States, 8d. a ton, (Old Cm-rency,) with power to the Corporation to lessen rates, DrogheM excepted, but to pay not ex- ceeding £3 (Old Currency) for every such man they send to the Hospital ; and in case of contagious sickness, the Corporation, at the instance of the Health Officer, shall compel them, 60 G,, 3, c. 16, s. 4. St. Mary's Marine Hospital. — On vessels arriving at either of the ports of Port Mana, Oracabessa and Eio Nova Bay, trading to the Northward of the Tropic of Cancer, Is. 6d. per ton ; on those trading ti^tween the Tropics, 9d. a ton (Old Currency) ; but the Justices and Vestry may regulate tie tax, not exceeding those sums. Ships of War, Droghers and Coasting Vessels excepted, 1 6. 4, c. 16, a. 2. Annotto Bay Marine Hospital. — On vessels arriving at Annotto Bay trading to the Northward of the Tropic of Cancer, Is. 6d. per ton. On those trading between the Tropics, 9d. per ton (Old Currency), Vessels of War, Droghers and Coasting veaaels excepted; but the Justices and Vestry may regulate the tax not exceeding those snms, J O., 4, c. 20, s. 4. Falmouth Marine Hospital. — On vessels arriving at Falmouth trading to the Northward of the Tropic of Cancer, lOd. per ton. On vessels trading between the Tropics, 5d. per ton (Sterling,) 23 V., c. 20, s. 4 Morant Point Light House. — On all vessels which enter and clear out of this Island, Bd. (Old Currency,) per ton every voyage, 3 V., c. 66', s. 5. Plumb Point Light House. — On vessels entering either of the harboui's of Port Eoyal and Kingston ; Vessels navigated wholly or in part by steam, 2d. per ton, not ofteuer than once in 3 Calendar months. Other vessels 6d. per ton. Droghers and other Ships, Sloops and vessels (other than steam vessels; engsiged in the coasting trade, or trading within the Tropic of Can- cer, once within 12 calendar months, other vessels on every entry, 15 V., c. 17, s. 9. Vessels arriving at Port-Royal to land passengers, receive orders, or calling off the port to take Pilots on board, shall not be liable to Dues un- der 15 V.,c. 17, s. 9 ; 26 V. S. 2, c. 9, s. 2. Customs salaries — ^During the continuance of this Act, (until 31st March, 1867,) there shall be paid a duty of 2s. per ton, on all vessels of more than 40 tons bnrthen, not being drogners, arriving at any of the ports of this Is- land, in addition to any other duty or Tonnage imposed by any other Act, 23 v., c. 12, s. 10. Payable at the time of entry to the Collector and Controller at Kingston, and the Snb-Collector at every other port, by the master, who shall, at the same time state in writing the Tonnage of his vessel, 23 V., o. 12, s. 11. At the time of entry, the register, or if there is none, the sea-letter shall be deposited with the Collector and Controller, or Sub-Collector, until the Duties are actually paid. Masters making fraudulent entry or exhibiting false register or sea-letter, with intent to evade payment of Duty, shall forfeit not exceeding £60, nor less than £20, to be recovered before 2 Justices, and in default of payment, the offender shall be committed to Gaol, not exceeding 3 months, nor lees than 3 ■weeks, unless sooner paid, 23 V., c. 12, s. 11, 12. The Tonnage of foreign vessels shall be ascertained by the same mode of measurement as British vessels, and the Duty paid accordingly, 23 V., c. 12, s. 13. A duty of 2s. per ton shall be levied once a year upon droghers em- ployed in the coastmg trade, in addition to any other Duty on Tonnage im- posed by any other Act, %^ V., o. 12, s. 14. All steam vessels shall be permitted to enter the ports of this Island, and depart therefrom free from all Tonnage Dues, whether they import or export cargo, 14 V.,o. 56, s. 2. All vessels importing coals for the use of such steam vessels, shall be exempt from all Tonnage Dues, provided they import no other cargo, and take no cargo from the Island other than fniit, vegetables, ground provi- sions or preparations thereof, the growth of this Island, and proof be 723 Montogo Bajr 81. Mary's Aoaotto Bay Morant Point Light House CuBtomti Salaries Bates and Vessels liable to; st!e2-iy., c. 3, 8. 8 Foreign VeaGels Droghers Steam VesBets 724 Not I'eceiviug or discharging cargo Vessels in diati'OBS Sleam Vessels con- veying passengers and mails Ice Vessels Vcssls partially laden Exporting fruit, &e. only Vessels entering inwards or out ward partially la- den Duties on cargo actually landed only Entering outward with partial cargo Ascertainment of tonnage Payment where to be made Kule for ascer' taing duty LlghthousD Dues TONNAGE DUTIES. giveu to the aatiaiaction of the Eeoeiver-General and officers of Customs, that the coals have been imported solely for the use of steam vessels and are deposited in a depot to be appropriated exclusively to that purpose, 14 v., c. 56, s. 3. No vessel shall be subject to the payment of any Tonnage Dues, except Light-^ouse Dues, when they neither discharge nor receive cargo, but only land passengers and their baggage, or receive passengers, theii' luggage and stores, 16 V., o. ii7, s. 1. When any vessel in distress puts into port for the purpose of repairs, uo Tonnage Dues whatsoever shall be levied or paid, nor any Stamp Duty exigible on the Governor's warrant for the sale of cargo on board for defray- ing the cost of repairs, 16 V., o. 27, s. 2. Until 3lBt March, 1867, all steam vessels engaged in the conveyance of passengers and mails shall be exempted from all Tonnage Duty (the Plumb Point Light-House duty excepted), iia also all vessels laden exclusively with ice, or with ice, fruit, poultry, fresh fish and fresh butter. All vessels partly so ladeji and partly with other goods , shall pay duty only on the tonnage of the other goods as computed by the officers oi the Customs, 23 V., c. 12, s. 15. Vessels laden partly with coals for the use of steam vessels, and partly vfith other goods, shall pav Tonnage Dues only on the Tonnage of the goods so imported. Vessels laden exclusively with coals, for the use of steam ves- sels shall continue exempted under 14 V., c. 56 ; 23 V., c. 12, s. 16. Vessels arriving laden partly with coals, and partly with other goods which shall have paid Duty upon the Tonnage of such goflds, may take away fruit, vegetables, ground provisions and preparations thereof, the growth and produce of this Island, without being subject to any further Tonnage Dues, 23 v., c. 12, s. 17- Whenever any sailing vessel now wholly or partly exempt from the payment of Tonnage duties on arrival, shall enter or. clear outwards with cargo, in lieu of the paying of Tonnage Duties of 2s. under 23 V., o. 12, and 4d. nnder 46 G. 3, c. 28, on her whole Tonnage, there shall be paid the Tonnage Duties of 2s. and 4d. for every ton ofmeasnrement or _^ace occu- pied by the produce or goods of which the outward cargo consists, 23 V., c. 3, 6. 2. Vessels entering inwards with cargo covering less than the Tonnage of the vessel acoordmg to the register or' measurement, shall in lieu of duties on her whole Tonnage, pay duties on the amount of Tonnage from which cargo shall be actually landed, to be calculated on every regis- tered ton of space occupied by goods entered inwards to be landed at any of the ports of this Island : provided that on entering outwai'ds with cargo, tnere shall be paid Tonnage Dues under the above Acts, on every registered ton of space occupied by produce, or merchandize, in excess over the amount of registered tons, on which duties were paid at the period of entry, the total amount of duties in no case to exceed the whole tonnage of the vessel as per register or measurement, 24 V., c. 3, s. 3. Consignees, Owners, or Masters entering or clearing inwards or out- wards, and claiming to pay on the proportion of registered Tonnage occupied by goods actually to be landed, shall notify such claim to the Customs Offi- cers at Kingston, or- any other port, who shall cause the amount of registered Tonnage so represented to be ascertained as after provided, 24 V., c. 3, s. 4. Payment of duties according to the provisions of this Act, shall be made at the port where cargo is first entered, or at the final port of clearance whence outward cargo is exported, and the duties shall be levied, enforced and paid over in the same manner as the duties of Customs under othes Acts, and carried to the same accounts as the duties under 23 V., o. 12, and 46 G., 3, c.28;24V., C.3, s. 5. The Collector and Controller at Kingston, or the Sub-CoUector at every other port shall decide the rate of space occupied by goods so landed, or shipped on the same principle, or by the same rule as freight is now ad- measured in (lie case of vessels bringing a portion of other cargo than Ice forj imporUtioij, auU the duties shall be paid thereon accordingly, 24 V., c. 3, s. 6. This Act shall not lessen . the liability of every vessel to the payment of Light Bouse duties, 24 V,, o,.3, b, 7, TOWNS AND COMMUNITIES, OFFENCES IN. 725 Nor shall apply to Di'oghera or vessels arriving from ports vf ilhin .'^i.°*''°'''lk'i°° «[" the Tropic of Cancer. In respect to vessels from such last mentioned TropSfofOanoor ° ports, a dut^ of 2b. per ton on the whole Tonnage, shall be levied once a year in addition to any other duty on tonnage imposed by any other Act, m like manner as it was levied previously to 23 V., o. 12 ; 24 "v., c. 3, s. 8 When it shall appear to the Officers of the Customs by the Manifest Vessels 1 a d o n or otherwise, that the inward cargT of any vessel consisted wholly of with aye or other Coal or Ice, or that she had no inward cargo, but arrived wholly in bal- """^^ last, and has cleared out with a cargo wholly of dye or other woods the growth and produce of this Island, save only two toaa and np more of other general cargo which shall be allowed to each such ship, they may remit unto, and release the vessel from payment of one half the amount of Tonnage Dues which would have been demandable had she arrived and cleared out with a full general cargo, and collect the other half, to be applied for the use of the government of the Island, 26 V., S. 2, c. 22. Vessels resorting to the port of Kingston for the sole purpose of Vessels using repairs, or beine hauled up on the Slip Dock, are also exempted from Kingston siip Dock Tonnage Dues ; and in case any such vessel enters or clears outwards with cargo, or having brought cargo, enters inwards the same or any part, such vessel shall be charged with Tonnage or other Dues under 23 V., c. 12, and 46 G. 3, c. 28, on her whole Tonnage, or under 24 V., c. 3, on the measurement of Tonnage occupied by such outward cargo, or from which cargo shall be actually landed, uuder and subject to the provisions of such Acts, or either of them as the case requires, 28 V., c. 39, s. 20. Towns and Commnnities, Offences in Offences punishable by penalty not exceeding 40s. : — 1. In any thoroughfare in any town, or on any highway feeding or Feeding horses, iio foddering any horse or other animal, or shewing any caravan containing '" thoroughfares any animal, or any other show or public entertainment, or shoeing, bleed- ing, or farrying any horse or animal, except in oases of accident, or exer- cjsmg, training or Ibreaking any horse or animal, or cleaning, making Breaking, &c. or repdiringany pai't of any cart or carriage, except incases of accident, torses where repair on tne spot is necessary. 2. In any thoroughfare in any town turning loose any hotse or cattle. Horses, &c. at or suffering to be at large any unmuzzled ferocious dog, or in any place '"Jf^^^jjijij aj., wilfully setting on or urging any dog or other animal to attack, worry urging dogs &o. or put in fear any person, horse, or otlier animal. ^ attack persons, 3. By negligence or ill usage in driving cattle or any other animal . Negiigentw dri»- cansing any mischief to be done by them to any person or property, or in '"^ cattle, £o. the driving, care or management of such cattle or other animal, wantonly or unnecessai-ily impeding or obstructing the free passage of any person along any thoroughfare or highway, or not being hired or employed to drive animals"" ""^ '° such cattle or other aiiimal, wantonly and unlawfully pelting, driving or hunting, or injuring or hurting any such cattle or other animal. 4. Having the care of any cart or carriage and riding on any part Hiding on carts, thereof, or on the shaft, or on any horse or animal drawing it, without hav- w , J^^"" haviii^ ing and holding the reins, or being at suc'i a distance jFrom such cart or car- control over horses riage as not to have the complete control over every horse or other ani- m^ drawing the same. 5. In any thoroughfare in any town riding or driving furiously, or on arWng"' riding or any thorooghfare or highway riding or driving so- as to endanger the life or limb of any person, or to the common danger of the passengers. On a repetition of the oifenoe after a first conviction and proof thereof, penalty not exceeding 608., or without a pecuniary penalty, commit- ment with or without hard labor, not exceeding 30 days, U V., o. 14, s. X. 6. In any thoroughfare causing any carriage with or without horses ""Ji"'''"''''*' ""'" or other animals to stand longer than may be necessaiy for loading or mmmiSt" "'"'°' unloading, or for taking up or setting down passengers, except carriages standing for hire in any place allowed by a competent authority ; or oy means of any carriage, or any horse or other animal wilfflUy interrupting any public crossing, or wilfuUy causing any obstruction in any thorough- fare or highway. 726 TOWNS AND COMMUNITIES, OFFENCES IN. f Dt^'T' *"' "" ^' ^^*'^™S or driving any horse or other animal, or drawing or driving ° any carriage upon any footway, or fastening any horse or other animal so carryrag timber, thS't it may stand across or upon, or impede any footway ; carrying or convey ao. eitendins bo- ing along any thoroughfare or highway in or on any carriage, any timber, yond whsou lumber, U'on, or thing made of any materials so that the same or any part shall extend across the carriage two feet beyond the wheels. aci'm^footwoy'''^' 8. Eolling or carrying any caslc, tub, hoop, or wheel, or any ladder, plank, pole, or placard upon any footway, except for loading or unloading any cart or carriage, or of crossing tlie footway, or for the performance of any immediate or mdispensable work, or for the repair of any building un- der the regulations after mentioned. Not oonfoming 9. After being made acquainted with the regulations, or directions made rourf of Vtrriages' ^Y competent authority for regulating the route of horses, carriages and per- &.C. ' sons daring the time of Divme Service, or at any other time through any town, wilfully disregarding or not conforming thereto. (See s. 5.) Aisxing bills to 10. Without the consent of the owner or occupier, affixing any bill or OT^defaoing walls, p^per against or upon any building, wall or fence, or pale ; or writing upon, soiling, aefacing, or marking any such building, &c. Eiposiogthe per 11. In any thoroughfare or public place, indecently exposing the per- °™ son. On a repetition of the offence after a first conviction and proof, pe- nalty not exceeding 60b., or without penalty, commitment, with or without hard labor not exceeding 30 days, 11 V., o. 14, e. 1 Obscene drawings, 12. Selling or distributing. Or offefing for sale or distribution, or mark- songs or language ing qq any fence, wall or building any obscene figure, drawing, painting or representation ; or singing any profane, indecent or obscene song or ballad ; or writing or drawing any indecent or obscene word, figure or represen- tation, or using any profane, indecent or obscene language. On a repetition, similar increased punishment as above, 11 V., c. 14, s. 1 Threatening or 13. Using any threatenmg.ov abopive and calumnious language to any or abusive language other person publicly as shall tend to provoke a breach of the peace, or using such language, accompanied by such behaviour to any person publicly as shall tend to a breach of the peace. Blowing horns, 14. Except in the performance of a duty legally imposed, or for giv- Sio. ' ing an alarm of fire, or as a warning to passengers in dangerous or nar- row roads, blowing any horn or shell, or using any other noisy instru- ment, or beating any dram in any public square, streets or lanes of any town. Discharging Fire- 15. In the streets, lanes or squares of iiny town, or in any thorough- arms. Bonfires, Fire fare or highway, wantonly discharging any firearms, or making any bou- BtoS' Fi'^Tnl fire, or throwing or setting fire to any firework, or to the danger or annoy- Kites, '&o ance of any passenger or inhabitant, throwing or discharging any stone or other missile, or flying any kite, or playing at any game. Kinging door 16. Wilfully and wantonly -disturbing any inhabitantby pulling or boHs, knocking ringing any door bell or knocking at auy door without lawful excuse, or ciisHn'B'nghtt' m" wiffully and unlawfully eitiugiiishing the'lightof any lamp, or unlawfully toring dwellings entering into any dwelling-house, building or premises to the annoyance of any person therein. Tyring wheels, 17. In any thoroughfare in any town or in any highway, tyring any pring casks, mak wheel. Or buruing, dressing Or cleansing any hoop, Or cleansing, firing, wash- ing fires ijjg Qp scalding any cusk or tub, or wilfully making any fire on or in any prohibited place. Burning wood, 18. Burning any wood, shavings, rubbbish or sweepings, or throwing ac, throwing dirt, ^nv dirt, litter, ashes, or any carrion, fish, offal, rubbish, or oroken bottles &c. in streets .^ -^^^ ^^^.^^j.^ y^^ ^^ ^^^^ ^ y _ ^ ^^^ ^^ j Apprehension of Any constable may take into custody, without warrant, any person above offenders committing any of the before-mentioned offences within his view, and in like manner when the offender is unknown, any such offender charged by any other credible person with recently committing any of such offences, though not committed within his view, but within view of the person makmg the charge, 7 V., c. 14, s. 2. TOWNS AND COMMUNITIES, OFFENCES IN, 727 The following offences punishable by fine not exceeding 40s :— 1. Exposing for sale or show in any highwaj' or thoroughfare in any Exposing goi>a>. town to the annoyance of the inhabitants or passengers, except in a market cuu5.gtim°eJ!&c!; or place lawfully appointed for that purpose, any goods or animal, or clean- slacking Ume, mak- ing or dressing any animal, or hewing, sawing, boring or cutting any timber wf,wi5"'„?'han°g or stone, or slacking, sifting, or screening any lime, or making or dressing up ing up clothes in or painting any article or material, or washing or cleansing any uteusfl Hiovoughfmo whatever, or washing or hanging up or spreading any clothes or linen, pro- vided a complaint be made by any inhabitant resioing near the place where the oiFence is committed. 2. Throwing or laying iu any thoroughfare any coals, stones, slates. Throwing r « b- sheila, lime, bricks, timber, iron or other materials (except building materi- ' ' als or rubbish thereby occasioned, which shall be placed or enclosed so as to prevent any mischief happening to passengers). 3. Beating or shaking iu any thoroughfare, any carpet, rug, or mat, (except Beating mats door-mats before 8 a.m.) or causing any oifensive matter to run from any """'"S"" matter manufactory, slaughter-house, butcners' yard or dung hill into any thorough- fare or any uncovered place, whether or not surrounded by a wall or fence ; but it shall not be deemed an offence to lay sand, litter, or other materials in any thoroughfare in case of sickenss to prevent noise, if removed as soon as tlie occasion ceases. 4. Emptying or beginning to empty any privy between 4 a.m. and 10 p.m. Emptying piivies or removing along any thoroughfare any night soil or other offensive matter ^'^'" '"''' *"■■ between 4 a.m. and 10 p.m., or \, ilfuUy or carelesiily slopping or spilling any auchoffensivematterintheremov.il, or not carefully sweeping and clean- ing every place in which any such oilbnsive matter has been placed, slopped or spilled, of discharging or allowing to run from his premises any putrid_ or noxious water or other offensive matter into any street, lane, or thorough- fare, or into any other place or premises iu the occupation of any other person. 5. Keeping any pigstye to the front of any thoroughfare within any pig styes town, not being shut out from such thoroughfare by a sufficient wall or fence, or keeping any swine in or near any street or in any dwelling so as to be a common nuisance. 6. Exposing any thing for sale in any private piazza or public place. Exposing goods unles with the consent of the owner or other person authorized to give such !» Pja'^is. *i=- vy- . , , ' . J, i ^ jections from wm. consent, or upon or so as to hang over any- carriage- way or foot- way, or on aown, &o. the outside of any house or shop, or setting up or continuing any pole, blind, avyning, line or other projection from any window, parapet, or other part of anynouse, shop or other building, so as to cause any annoyance or ob- struction to tbe Inhabitants or passengersin any thoroughfare, except in case of sickness, to prevent noise or accident or in repairing any building, provided the same be removed as soon as the occasion ceases. 7. By the negligent use or management of fire in improper places, improper « r • damaging any property or injuring any person. '' ''°°' 8. Wilfully disturbing any meeting or assembly or any eongreg-ation, as- . Disturbing reii- sembled for religious worship, or for any religious service, or rite in any e'""' meetings burial ground, or disturbing or molesting any person thereat, 7 V., c. 14, s. J. No person other than those acting in obedience *to lawful authority Discharging ore- shall discharge any cannon or other firearm of greater calibre than a com- "''""' mon fowling-piece within 500 yards of any dwelling house in any town, to the annoyance of any inhabitant thereof ; persons after being warned of the annoyance by any inhabitant, discharging any such firearms shall be liable to a penalty not exceeding £5, 7 V., c, 14, s. 4. The Ma^trates may from time to time as occasion shall require, make Magistrates may regulations for the route to be observed by.all pe^ons in charge of carriages, foJ''?„„t"^"f''"J"!' horses or other animals, for preventing obstruction of the streets and tho- singes, ice. roughfares within any town, and give directions to the constables for keep- ing order, and preventing any obstruction of the thoronghfares in any case when they may be thronged or liable to be obstructed, TV., c. 14, s. 5. Any Householder, personally or by his servant, or a police constable Slrcot musicians may require any street-musician, juggler, dancer, actor or showman to de- part from the neighborhood of his house : and eveiy person sounding or playing upon any musical instrument, or making any other noise or disturb- 728 TOWNS AND COMMtJNITIBS, OFFENCES IN. anoo in any thoroaghfare near any house, after being ao req[uired to depart, shall be liable to a penalty not exceeding 4Ds, 7 V., o- 14, e. 6. DoBiroying doga Any Constable may destroy any dog or other animal reasonably sus- pected to be in a rabid state, or which has been bitten by a dOg or animal in a rabid state ; and the owner peimitting any dog or animal ^ to go at large, after having information or reasonable ground for believing it to be in a rabid state, or to have been bitten by a dog, &c. in a rabid state, shall be liable to a penalty not exceeding £5, 7 V., c. 14, s. 7. riotom o™"naoMnt Being guilty in any thoroughfaipe, while drunk, of any riotous or inde- behavior cent behavior in any public place : Penalty not exceeding 60s, or commit- tal instead, notexoeedmg 10 days, 7. V., c. 14, s. 8. Drunken persons Being found drunk in any town, lying about the streets or other gmg about streets, public places or on any piazza, opened or enclosed : Penalty not exceeding 40s, and in default of payment at such time as the Magistrates shall appoint, commitment for not more than 10 days, 7 V., c. 14, s. 10 On a repetition of either of the offences against s. 3 and 10, after a first conviction and proof thereof, penalty not exceeding 60s, or with- out penalty, commitment with or without hard labor not exceed- ing 30 days, 11 V., c. 14, s. 1. Apprehension of Any Constable may take into custody without a warrant, all drunken, poec", persons M° loose, idle and disorderly persons he finds disturbing the public peace, or terjng in highway, any inhabitant or passenger and all persons he shall find between 9 p. m fni'^a™" ''"''"" and 6 a. m. lying or loitering in any nighway, piazza, or other open place, and not giving a satistactory account of themselves, 7 v., c. 14, s. 9. Loose and diimr- Persoiip ill any town conducting themselves in a loose, idle, noisy and aeriy persons, &o. disorderly manner, thereby distm-bing the peace and good order of the community or to the annoyance, discomfort or obstruction of the inhabitants or passengers, shall be deemed violators of the public peace, and liable to « pen- alty of not more than 40s, and in default of payment at the time appointed, commitment with or without hard labor not exceeding 10 days, or impri- sonment in the first instance, 7 V., c. 14, s. 11. Apprehension of Any Constable and all persons he calls to his assistance, may take oirenders into custody without a warrant, any person who within the Constable's view offends in any manner against this Act, whose name and /esidenoe shall be unknown to the Constable, and cannot by enqnu'y be ascertained by him, but not otherwise except as to offences mentioned in the first class of offences (s. 1), 7 V., c. 14, s. 15. To bo token be- Every person taken into custody in the day time without warrant shall fore a magistrate be forthwith taken before a Magistrate, or, it after 6 p. m., delivered to the poii^^JtatFon"' '° custody of the sergeant or police constable in charge of the nearest police station, to be secured until he can be brought before a Magistrate to be dealt with according to law, or gives bail for his appearance before a Magis- trate, 7. v., c. 14, s. 16. Becoeni|ianoe by When any person charged by any other person, is, without warrant, ^ ohai«e ^ ^^ in custody, at any station house, after 6 p.m., the sergeant or constable in ' charge may require the party making the charge to enter into recognizance, without sureties conditioned as after mentioned, and on his refusal may de- ofpariy ohargea tainhim until he comply or can be brought before a Magistrate, and if he deems it prudent may discharge from custody the person so charged upon his entering into recognizance with or without sureties, conditioned as .after- mentioned, 7 v., c. 14, s. 17. Recognizances to Every sucli recognizance shall be taken without fee or reward, and be without fee conditioned lor the appearance of the person bound before a Magistrate at the next Court, the time and place of appearance to be specified in the recognizance ; and the sergeant or police constable, shall enter in a book, the name, residence and occupation of the party and his sureties, if any, with the condition and the sum thereby acKuowledged, and shall return every such recognizance to the Magistrates present at the time and place when and where the party is bound to appear, or to some other Magistrates, ■within 24 hours after taking the recognizance, and in the event of a Sunday intervening within 48 hours, 7 V., c. 14, s. 18. Non-appenrnnce If the party do not appear at the time and place or before the tei'raina- tion of the sitting, the Magistrates shall certify on the back of the recognizance that the party has not complied with the obligation, and the Clerk of the Peace shall- make the like estreat, as in other cases, iind the TOWNS AND COMMUNITIES, OPPBNOES IN. 789 Magistrates shall immediately issue a wai'rant for the apprehension of the offender to answer the ohai'ge,'or give evidence as the case may be, or the Magistrates may, on application of any person on behalf of the party, post- . Postponing innr- pone the hearing, and ynth consent of the sureties enlarge the recognizance, '"* and when the matter is determined the recognizance shall be discharged without fee or reward, 7 V., e. 14, s. 19. Any Constable may take charge of any carriage, horse or other animal of' "po"'™ ° °t 'kfn or goods in the charge of persons taken into custody, and deposit them into custody In a place of safe custody until application is made for the same by the owners or agent, or the offender is discharged from custody to be delivered to the party entitled on payment of all expenses incurred by the keep, 7V-,o. 14, 3.20. Every person who by committing any offence herein forbidden has „r^i"5,°|e '"' '""' caused any nurt or damage to any person or property, and does not make amends tolthe satisfaction of the person aggrieved shall, on conviction, pay not exceeding £10 as to the Magistrates appears to be reasonable amends besides the penalty, and the evidence of the person aggrieved shall be admitted, but if he is (he only witness examined in proof of the offence, the sum ordered for amends snail be applied as the penalty, 7 V., c. 14, s. 33. For every Misdemeanor or offence for which no special penalty is ap- oos^not^ spociaUy pointed, the offender shall be liable to a penalty not exceeding £5, or im- proviaea for prisonment not exceeding one.calendar month. Not to prevent persons from puSShabio """ being indicted for indictsS)le offences made summarily punishable or liable to penalties or punishment under any other Acts, but so as not to be twice punished, 7 V., c. 14, s. 24. Ou information upon oath the Magistrate may summon the person ProcMdings on charged to appeal- before two Magistrates to answer who may proceed ex "ompiaints parte on failure to appear, or grant their warrant for the apprehension of the offender, or the Magistrate may, in the first instance, issue a warrant without any previous summons, 7 V., c 14, s. 25. The Justices may on non-payment of a penalty or amends, either forth- Soonritjr for p«y- with or within such time as they may allow, not exceeding 30 days JlJenas ''°° '' "'' (ou defendant giving security in double the amount of penalty or amends, and costs for his appearance at the time and place the Magistrates hold their Com't to abide the further judgment of the law or non-payment by recognizance which, if forfeited, shall he estreated) commit the offender to hai'd labor, or Commitment otheiTvise for a term not exceeding 10 days, or if the sentence be hard labor, not exceeding, (30 days, 25 V., c. 11), where the sum shall not exceed 40i, and notjmore than 30 days ; where the sum exceeds thatamount. The impri- sonment to cea£e on payment of the sum due, and the costs ehall be paid to AppUcat i o n ot the party entitled ; the amount of amends to the party aggrieved, or where p«n«'ty»na amends the amount cannot be so appropriated, the same and all penalties shall be paid to the Treasurer for the use of the parish ; or the Magistrates may adiudge such part of any penally as they deem proper, not exceeding one- half, ta the use of such persons who have contributed to the conviction, in such proportions as they think fit, 7 V., c. 14, s. 26. Inhabitants may be witnesses, 7 V., c. 14, o. 27. witnesses The Magistrates may allow costs, and enforce payment in the same costs manner as penalties, 7 v., c. 14, s. 28. If the Magistrates find any misdemeanor to have been accompanied by .^''If'''",'"'' '■''"" a felonious intent, or that it ought to be prosecuted by indictment, they " •'° *"" °" shall abstain from any adjudication thereon, and deal with the cass as if this Act had not been passed, 7 V., c. 14, a. 30. Prosecutions shall be commenced within 3 Calendar months, 7 V., c. 14, Proseoutioniwith- a 3^ in 3 months The Justices, after signing the same, shall cause to be transmitted, con Evidence of con- victions under 7 V., c. 14, by the Clerk of the Magistrates,' to the Circuit vi«»'o" Court (19 v., c 10. s. 17), and on any information lor a subsequent offence the conviction, or an examined copy,' certified by the Clerk of the Peace sball be snfflcient evidence, and the conviction shall be presumed to be uu- appealed against until the contrary be shewn, 11 V., c. 14, s. 3. Powers of Appeal, 7 V., o. 14, b. 32 i 11 V,, c, 14, ». 5, App«»! ' 4 U 730 TRADESMEN, BREACHES OF TRUST. interpretition " Carriage" shall mean any waggon, wain, sledge,> truck, cart, dray mmago, Town carriage, chaise, or other wheel carriage, whether drawn by noraes, cattle, &o., or without animals. " Towns" shall oompreheud Cities and Villages, 7 V., c, 14, s.^4. Traction Engines. May be used upon any public road, highway, or thorourghfare, a6 V., S.2, c. 19, s. 1. roaaa ° °'° "" The Maia Boad Commissioners may make rules and regulations with 1 tiom ran. ^8*'^'° ^^^^^ running, and fortlie protection of property a(5acent to, and pectil?t"°!°use of passengerB, and of the general traffic on such roads ; and for the infraction of any such regulation, the owners of Traction Engines shall be liable to a penalty not exceeding £50, nor less than' 40s, to be recovered before 2 Jus- tices under 13 V., c. 33, and any Acts amending same, 26 V., S. 2, c. 19, s. 2. ,.„„ ^„„ No duty shall be charged on any Traction Engines imported within 5 l4"XS". y«^''«'26V.,S.2, C.19, B,3^ ' ^ Tradesmen, Breaches of Trust. Not repaying ad- If any Tradesman contract to perform any work for reward (whether ranoe< or negioct the amount at the time be iixed or not), and iu pursuance and on tie faith of to perform contract {he contract receives by way of advance, or in anticipation of such reward any sum not exceeding in the whole j£10, or if any moneys not exceeding in the whole £10 shall be paid to the Tradesman for the purchase of matenals for the work, or for any other purpose in relation thereto, and shall with- out any lawful excuse neglect, orremse to perform such contract within the time specified, or, in the absence of any aCTeement as to lime, witlun such time as the Justices deem reasonable, and shall neglect or refuse when so required to repay to the person with whom he contracted or his agent law- fully authorized the moneys so received, he shall, on conviction before two Justices of the parish where the contract was made, or the Tradesman at the time of the complaint is resident, be adjudged to pay, over and above the amount so received, a penalty not exceeding £5, 24 V., c. 12, s. 3. , toMaisa'eilTeroa"'*" If any 1 radesman having contracted as aforesaid, receives any mate- rials not exceeding in value £5, for the purpose of being wrought up or used in the work agreed to be performed, and without any lawful excuse neg- lects or refuses to perform his contract within such specified or reasona- ble time, and neglects or refuses, when required, to return to the person or his agent the materials or any part thereof so delivered, he shall on convic- tion pay, over and above the value of the materials, not exceeding £6, 24 v., c. 12, s. 4. If any goods or chattels of any description or value whatever are de- livered to a Tradesman or other person to be repaired, fashioned, altered or cleansed for reward (whether the amount be specified or not) and he without lawful excuse, neglects or refuses to repair, &.C., the same, and after the expiration of such specified or reasonable time neglects or refuses when so required to return the same, or any part thereof, such Tradesman or other person shall on conviction forfeit over and above the value of the goods, &c., detained, not exceeding £5, 24 V., c. 12, s. 5. or'°mf8'appr'opria't- ^ '' ^ppeai' upon proof that the Tradesman or other person has sold, ing materlale pawned, converted to his own use, or otherwise misappropriated any mate- rials, goods or chattels delivered to hfm for the purposes stated, the Justices may abstain from the infliction of any penalty, and in lien thereof adjudge the offender to be imprisoned in any Jail, House of Correction, or Peniten- tiary with or without hard labor for not exceeding 90 days, 24 V., c. 12, s. 6. If any fine or penalty, with costs, if adjudged, be not paid forthwith, or imprlsonmom vpithin such time, not exceeding 30 days, as the Justices shall appoint, they may adjudge the offender to be imprisoned with or without hard labor, for not exceedmg 90 days, 24 V., o. 12, s. 7. The party aggrieved, shall, on conviction, be entitled to receive out of ComponiaMon to any fine or pensuty imposed and paid, such sums as shall in the opinion of TKAMR0AD8» 731 the Justices be adequate compensation for the injury he proves to have been sustained by him, 24 V., c. 12, e. 8. Act not to prejudice or effect the right of lien of any Tradesman as a' night of Uon present existing, 24 v., 0. 12, s. 9. All proceedings shall be in conformity withlSV., o. 35, except so far al/^^v^'^' as any thing in this Act may be repugnant thereto, 24 V., c. 12, s. 10. ' "' Any breach of contract, ■where the amount of the contract or of the where amouni materials furnished, or money advanced exceeds the limit of £10, and is oxcoedBjeio beyond the jurisdiction of the Justices, unless the informant and defendant consent to submit to such inferior jurisdiction, shall be prosecuted as a fraud, and be punishable on indictment by fine alone or by fine and imprison- ment with or without hard labor for not axoeeding one year, 24V., o. 12, s. 11. "Tradesman" shall include handicraftsman, artificer, manufacturer, loierpratation— laundress, and workman, or person following any trade, business, or mystery T''*"™"?" Male- whatever; " Materials'' goods, wares, articles, chattels and things of any '"'""O" kind ; " Work," any work in any trade, handicraft, manufactory or busi- ness, and any repairing, fashioning, altering or cleansing whatsoever, 24 v., c. 12, 8. 12. Tramroads. When any person or pHtsons shall bo desirous, at their own expense, poution to form of makings a Tramroad in any district, they may form themselves into Company a Company for the purpose, by the name of "The Proposed Tramroad Company," and apply to the Main Road Commissioners by petition in writing, to be signed by them, their attorneys or agents, specitying the local situation, and length, and name of the proposed Ti'amroad, and the points from and to which it is proposed to lay down the same, and the estimated cost, the names of the plantations and lands from, through or along which it will pass, the roads along, over or across which it is intended to carry the same, and stating that it is proposed to lay down and com- plete it on the terms and conditions of this Act, 25 V., c. 44, s, 3 To be accompanied by a plan or section made by a Civil Engineer or pi«n sworn Surveyor, on a horizontal scale of 400 feet to one inch , and a ver- tical scale of 50 feet to an inch, and on no other scale, shewing the direction and gradients of the Tramroad, the plantations or lands through which it will pass, its relative bearing to any public road, and the points at which it is proposed it shall traverse or meet any such public road. Such petition and plan to be delivered to the Secretary of the Main Road Comnussioners, and open to inspection at his oifioe. The petitioners shall Petition to be Ga- cause a copy of the petition to be published in the " Jamaica Gazette," M«ed 25 v., c. 44, s. 4. Any person interested in any lands through or along which snch objootione to pe- Tramroad is intended to pass, and the Engineers or Commissioners of any fliion-Notioe roads, upon, along, over, under or across which it is mtended to be car- ried may within 3 calendar months from the first publication of the peti- tion, leave with the Secretary, objections in writing to the granting of the petition, of which he is to give notice to the petitioners, 25 V., c. 44, 8. 5. " . All such petitions and objections thereto shall be signed by the peti- tioner, his Solicitor, or other agent ; and notice of any matter shall be given. to such SoUcitor or agent, and be sufi5cient, 25 V., c. 44, s. 6. Such petition and any objections thereto, shaU be considered and heard hy^j" ^""•jJX* bv the Main Road Commissioners not earlier than 4 calendar mouths alter missioneM, varia the first pnbKcation of the petition, who may caU for and require the "»"^"^,*=6a.etto4 production by the petitioners of any sections or plans of the proposed '^™''«-='' »"«■• Tramroad or any other information, and may grant, reject or [modity the petition, with such variations and conditions as they think proper as to the extent, Une or direction, and as to bother either of the termini ; but no such variation to be allowed, until notice has been given by the Com- pany in the " Gazette, ' at least 4 calendar months before the order al- lowing same; and whenever any petition is granted with any variatiou, an amended plan of the Tramroad, in accordance therewith, shaU be de- posited with the Secretary, 25 V., c. 44, s. 7. 732 TKAMROADS. I'lnnl Mder On the granting of the Petition in whole or in part, the commissioners shall make a final order under their seal and signed by thetr secretary, and shall authorise the formation of the Tramroad, specifying the points from and to which, and the plantations and lands, or the names of their owners, through and, the roads upon, along, over, under and across which the Tramroad may be carried, and the times within which the same shall be commenced and completed, and may on cause shewn extend or vary the time for com- mencement and completion ; and a plan certified by the secretary shall be annexed to the final order, 25 V., o. 44,8.8. Incorporation of On the final Order being made and the construction approved of, the Company Company shall be a body corporate by the name of '■ The Tramroad Company," and shall have a common seal, power to contract, sue, and be sued, and purchase and hold lands for the use of the undertaking, and shall by virtue of such final order be authorised to construct and manage such Tramroad accordingly, and subject to the supervision or direction of the Main road Commissioners, who may direct an inspection, and report thereon at any time, to be made by the Chief Engineer of roads and bridges or any sworn surveyor, 25 V., c. 44, s. 9. Pow«B lo estab- Powers to establish the Company, 25 V., c. 4, s. 10-24. lish Plans and osti "^^^ Main road Commissioners may direct the Chief Engineer of roads matos to bo furnish and bndges, or Engineer of the county in which any Tramroad is or is intend - Coun'ty EnSneor °' ^^ '" '^® '^''' down, to prepare and furnish plans, specifications, and estimates, ui> romuneration and give supervision and examination, and iuw respects to render such services ana perform such duties on and in respect of any such Tramroad or intended Tramroad as the Commissioners in their own judgment or on the application of any Tramroad Company think proper to direct, and he shall be paid such remuneration as the Governor and Executive Committee award to be paid, and included as a chai'ge in the cost of constructing or maintaining such Tramway, 25 V., c. 44, s. 25. Cro 6 a roads i u S' ^c. . Powers pany The Main road Commissioners may order and permit the Company to carry the Tramroad upon and along, or over, under, or across any main or other public road or highway upon such teiTus, &c., as they think proper, 25 v., c. 44, s. 26. The Company may, with or without workmen and'other servants, enter upon and take possession of any lands not more than 100 yards from the line laid down m the plan annexed to the final order as the line of the pro- posed Tramroad, and take and set out for the Tramroad any part of the fiind not more than 20 feet in breadth, and cut di'ains and dig and carry away any gravel, stone, sand, or other materials out of the grounds or enclosures of any persons (not being the ground whereon any house stands, garden or yard planted, walk or avenue to any house, or any parcel of provision ground) wherein such drain may be necessary for keeping the road in good order or whereon any such materials are or may be found, and from time to time to cany away so much as the Company or any person employed by them shall judge requisite for making, draiiung or keeping in repair or amending such road or drain, paying such rates for such maten^s and for the damage done to the owners or occupiers of the grounds as the Main road Commissi- oners shall judge reasonable. Persons molesting, hinderins;, or obstructing the Company or the persons employed by them in cutting or covering any drains or in diggmg and carrying away any gravel, &c., shall forfeit not exceed- ing £10, 25 v., c. 44,8. 27. Persons without the consent of the Company taking away any materials purchased or gathered for the repair or use of'any such road,"bridge, or drain, or any materials out of any quaiTv or pit madej dug or opened lor the purpose of getting materials for any#snch road, bridge or drain, without the permission of the Company, shall forfeit not exceeding £10. But not to prevent the person in possession of the land on which the quarry or pit is situate from digging and removing materials for his own use, 25 v., c. 44. s. 28. AdranMs by Go- If, after any final order has been made for the eonstiuction of any- vcrnor and emcu Tramroad, the Company so desire, the Governor, in Executive Committee, "on s^Co't'ton 'of *^11> 0° ^^^ reeommendation of the Main Koad Commissioners, cause to be 3itiisofoo»t advanced, from time to time, any sums of money in and towards its con Bi,ruction, not exceeding Jths of the estimated costs of such construction, 25 v., c. 44, s. 29. TalciDgaway ma- lerialB TRAMEOADS. 733 Before suoh advance is in any ease made, the Company eliall shew to o» fo"' "' «» the eatisfaxstaon of the Commissioners that the amount -which has been ex- "/MmpliJiy '"" pended in the necessary prosecution of the undertaking, is not less than one- fourth of the estimated cost, 25 v., c. 44, s. 30. Where it is found the actual cost exceeds the estimated cost, farther Further oaUs oa calls shall be made on the shareholders for the sum, or at least ith of the Shnrehoiders where sum required to complete it, and the Governor in Executive Committee shall ^timiLV^'^^" ""° advance to the Company on applicaiion, and on due proof ot the sums so raised having been expended in the necessary prosecution of the undertak- ing, a further sum not exceeding Sths of the sum required for its completion, 25 -v., c. 44, s. 31. No money shall be advanced for the purpose aforesaid unless and until Estimates of costs an estimate of the cost and expense of making the Tramroadhas been fur- aSiwe'S™ to'°tu2 nished and delivered to the Main Bead Commissioners, and an estimate of Commissioners bo- the probable retains to be derived from the Tramroad, and from what ^A' »«™"™ >» sources, has also been stated and rendered to them, 25 V., c. 44, s. 33. Such advances and interest at £6 per cent, per annum, and a sinking Advances, inter- fund thereon, to redeem the principal, shall be the first lien on the Tramroad ?S5id to be the am and the lines and toUs, 25 V., c. 44, s. 33. lien The Main Boad Commissioners may appoint and remove a Commis- Oommiisioner to sioner or Director for the supervision and management of the Tramway, Sf'oipenSture'af and the outlay and expenditure of the advances, 25 V., c. 44, a. 34. advances While any moneys are due for advances and interest, the Com- Accounts of re- pany must make quarterly accounts of the receipts and expenditure of the tare'';''audi?'to bo Tramroad to the Main Koad Commissioners ; to be audited yearly by tlie Gazetted sole Commissioner of Audit ; and a copy when audited shall be laid before the Main Koad Commissioners, and published under their direction in the " Jamaica Gazette," 25 V., c. 44, s. 35. The accounts of all moneys to be expended or received on account of Monthly audit of any Tramway for tolls, rates, commutation, or otherwise on hand on account n°^moJt°S) Sae' thereof, shall be audited by the Commissioner or Director appointed by the ceirer-Qenerai to Main road Commissioners at the end of every month, and the balance paid ^." eiadit of the to the Receiver-General to the credit of the Tramway ; and the Governor in haifyoariy interest Executive Committee shall retain so much as, on the report of the Receiver and sinking; fund General is necessary to defray the interest of the moneys advanced at £6 per cent, per annum, as shall become due each half year, and such further sum by way of sinking fund as shall be fixed to pay the principal to be advanced in not less than 21 years, 25 V., c. 44, s. 36. If after providing at the end of each year for interest and sinking fund, Surplus after pro; and for interest at £6 per cent, on the shares held by any Company, there is on sSfri^ttbe'ap.' any sorplns, the same to be applied to the redemption of debentures, 25 V., pUed to redemption C. 44 8. 38. ' °*' ^ebenturoB After any lands have been taken and set but for auy Tramway, all oonyoyances of bodies politic or corporate, tenants for hfe, or in tail, or for any other partial, '""* ^ "" Oompa- or quaufied estates, or iuterest on behalf of themselves, their heirs, execu- "'' tors and administrators, and also all persons seized and entitled in re- mainder, or reversion for their resjiective estates and interests, and for the husbands, guardians, tnistees, committees or attorneys of such of the owners, or proprietors, or persons interested as s'lallbe femes covertes, infants, lu- natics, idiots, or absent from the island, or otherwise incapable of acting for themselves, and for all other persons seized, or possessed of, or interested in such lands, may contract for, sell and convey thelands to the Tramway Com- pany,' at the expense ol the Company, as far as circumstances permit in the following form ; — •I A. B. of in consideration of the sum of tome poj^ paid by the Tramroad Company pursuant to 'an Act passed in the twenty -fifth year of the reign of Her Majesty Queen Victoria, entitled an Act to amend and in aid of the twenty -second Victoria, chapter ten, for the formation of Tramroais, do hereby grant and alien to the said Company and their successors and assigns all that together with all ways, right-s and appurtenan- ces thereto belonging, and all such estate, right, title and interest in and to the same, ana any part thereof as I am, or shall become seiz- ed, or possessed of, or as I am by the said Act authorized, or em- powered to convey, to hold the premises to the said Company their 734 TRAMROADS, saccessors and aesigiie for ever accoi'diue to the trae intent and mean- ing of the said Act. In witness, &c., 25 V., c. 44, s. 39. componiatian for The Company may pay to the owner of any land so entered npou, or injuries ggj. ^^j. ^^jgp jjijg ^pj^ and to any other person having any estate or inter- est, or charge upon such land or any part, such sum as the Main Koad Com-' missioners deem reasonahle by way of compensation for the injury done to any land so entered upon, or for the value of any land taken for the pur- poses of such Tramroad, 25 V., o. 44, s. 40 to th uso of" tiia The Company., in lien of compensation in money, may grant to the owner Tntmroad may, bo of any plantation, or lands, who is willing to accept same, the right to use the agrood for Tramroad within the limits of such plantation or lands without any charge, or at a reduced eharge upon snoh terms as may be agreed upon, 25 V., c. 44, 8.41 ProeoeaioBB to If the compensation oifered is refused by the owner, or any persons °°h"rB° '^Sf^' *°' having any estate or interest in, or charge upon such lands, or if no com- uon'^is "roSsea^OT peusation IB ofifered to such owner or other person, the like proceedings not offered shall be taken under this Act in respect to the formation of any Tramroad. or alteration, as are provided under 21 V., c. 32, or any subsequent Act now or to be in force in respect to the alteration of any iVIam Koad, or the laying out of any new road ; and such Main Eoad Act from s. 10, to a. 22, inclusive, (See that title,) and any such subsequent or other Act as .far as applicable shall be incorporated with this ; and the County Engineer shall be the En- gineer to act nnder this Act, 25 V., c. 44, s. 42. penSo'n witb°^ -^^ '"iJ qnestiou arise as to the title of the owner or other person having coiror-oenerai eatate Or interest in, or charge upon any lands taken, the Company may de- posit the compensation with me Receiver General tol~e placed to uie credit of the parties mterested {describing them as far as the Company can) subject to the control and disposition of the Supreme Court, 25 V., c. 44, s. 43. Appiicati o n H to Upon the application of any party making claim to the money so de- 0,0 sapremo^cwt ppgited, or any portion, or the lands or any Interest therein, the Supreme tio,5' Court in a sammaiy way, and after such notice as it deems fit, and to snch persons as it directs, shall order distribution according to the respec- tive estates, titles or interests of the claimant*, and make such further or- der as it deems fit, 25 V., c. 44, s. 44. Parties in possoa] If any question arise respecting the title, the parties in possession as sion as owners, &c. owners, Or m.recoipt of the rents, as being entitled at the time of the tfed'u^tnheraS'. lands being taken, shall be deemed lawfully entitled until the contrary is trary is shown shewn to the satisfaction of the Court, and they and all claimants under them, or consistently with their possession, entitled to the money deposited, which shall be paid and applied accordingly, 25 V., c. 44, s. 45. Rates for carriage The Company may carry and convey updn the Tramway or other of passengers and road, all such passengers, produce and goods as shall be offered to them, ^°°''' and levy and take for their use and benefit for such carriage and With consent of conveyance, such fares and tolls as they from time to time fix, with the the Commissioners consent of the Main Road Commissioners, who shall have power to alter Table of Tolls pj amend same. A Table of the tolls shall be kept in Sbme open and con. „ , .. spicuous place, on or near the Tramroad; and they may receive from year to year sums by way of commutation of the Tolls from any person using the Tramioad as agreed, 25 V.,c.44, s. 46. comoBnT'a regu- The Company may from time to time make regulations for the using lationa and working me Trami'bad, and loading or nnloadmg carriages thereon, the carriage and payment of the fares of passengers, and the times of ar- rival and departure of carriages, and for the preventing or abatement, or removal of trespassers upon, or obstmclions or injuries, or destructfbns to the Tramroad, 25 V., c. 44, s. 47. And for better enforcing such regulations, may from time to time fofco'JoruiaKons" make and alter bye-laws not repugnant to the laws or the prtvisions of To bo approved this Act, and to be approved and confirmed by the Main Road Commis- %mTiHi,"fo"r"?n sioncrs. Any person offendmg against ^any bye-law, shall forfeit not ex- fringements ceeding £10, to be imposed by the Company in any byel»w as a penalty, Summary proven, and if the infraction Or non-observance of any such bye-law or other regulation be attended with danger or annoyance to the persons us'ng the Tramroad, or hindrance to theCoinpany in the lawful use, they may sum- marily interfere to obviate or remove the danger, annoyance or hin- drance, without prejudice to any penalty incurred by the infraction of any such bye-law, 25 v., e. 44, s. 48. TRAMEOAD, KINGSTON. 735 Such bye-laws shall be painted on boards, or jn-inted on paper, and Bj^e-iaws to be pasted on boards, and hung up, or affixed and continued on the front or e^chibited other conspicuous part of every etation, so as to give public notice thereof, and be renewed when obliterated or destroyed ; and no penalty imposed by any bye-law shall be recoverable unless so kept published, 25 V., c. 44, e. 49. Such bye-laws when so approved -and confirmed, published and affixed, Prootof shall be binding upon all parties, and sufficient to justify all persons act- ing under them, and in proof of their approval, confirmation and publica- tion it shall be snflScient to prove that a prmted papei or painted board con- taining a copy purporting to have been approved and confirmed by the Main ftoad Commissioners, was affixed and continued in the manner di- rected ; and if afterwards displaced or damaged, then that it was re- placed as soon as conveniently might be. '25 V-, o. 44, s. 50. AU'penalties imposed by the bye-laws, orlhis act, shall be payable to the Payment and Company a»d recoverable in a summary manner before two Justices, and enforcement of may be enforced under 13 V. c. 35 or any other act now or to be in force re- ipenaltiea lating to summary convictions or orders, and carried to the credit of the Tramroad, 25 V., c. 44. s. 51. If for 5 consecutive years alter the completion of any Tramway the net pi ofits shall not be found adequate to reimburse the interest upon any Powers of Go- advances, and the Company shall for 6 months, after demand of pavment, in tivT^^miSSee writing and signed by the secretary of the Executive Committee, nas been to lease tramroad served at their office, fail to pa-.' to the Receiver-General all arrears of inte- if thenetprooeeds rest, the Governor in Executive- Oommittee may appoint a bailifl' to take Sf fmwS the in- possession of the Tramway and ai! farts, ti'ucks', carriages, engines, machin- tereston advances ery, animals, buildings, lands and chuilels belonging or appertaining thereto, and thecompansr and lease for the highest and best rent that can be obtained the right to use '^ *" PW ">c and work the same upon such terms as seem proper to the Governor in Ex- ^^^^f" ecutive Committee : provided it be conditioned that all fares and tolls be first conditions of applied towards the maintenance in proper order and repair as shall, bo ap- lojiae proved of by them, and until payment of all arrears.of interest and of the whole or such part as they shall direct of the principal money advanced, all the rights and privileges of the Company shall cease, 'and all the rents and profits applied in liquidation of the interest and principal money, 25 V., c. 44,8.52. If at anytime dming the 21 years, the Company refund all advances and interest the powers of superintendence and control shaU cease, 25 V., Cesser of powers c. 44 s. 53. *** superintend- All materiils imported for the construction, maintenance or use of any of advances Tramroad shall be admitted free of all import duties or impost, and all in- . Material|,to be struments and documents under this act shall be exempted from Stamp duty^ jSSort^ito ° °' 25 V., c. 44, s. 54. , . , Exemption from " Owner" shall mean the person having the ostensible possession or en- Stamp joyment of the rents and profits of any land, 25 V.,c. 44, s. 55. Owner 22 v., c. 10, and this Act maybe cited as "The Jamaica Tramroad short Titio Acts, 1858— 1862." • Tramroad, Eingrston. The Board of Works were authorized to construct and lay down a Tram- I^om Feniten- road from the Brickyard attached to the General Penitentiary, along ST^ew'l.Stta Thames Street and Potters Row, to the New Lunatic Asylum, at the East Asylum ' end of that Street iu Kingston, and employ so many of the convicts, officers and servants, in the Penitentiary, as the Governor shall permit; in assist- ing to lay it down, 27 V. S. 1, o. 12, s. 1. Upon, over, under or acres the said streets, and the streets and lanes .over Streets and intersecting the same from the Brickyard on the West to the boundary Lanes line of the New Lunatic Asylum on the East, where the streets terminate, 27 V. S. 1. c. 12, s. 2, The Board of Works by the persons employed or directed by them may take and use the portion of Thames Street and Potters Row last leSbtabreS^of mentioned for the purposes ot the Tramroad, and survey and take levels streets, and to be thereof for the purpose of making such Tramway, and employ workmen laid on one side and servants to superintend and perform such work ; but the Tramroad shall not.occupv more than 4 feet in breadth of such streets, and shall if prac icable belaid down on one side thereof, 27 V. S. 1, c. 12, s. 3. 736 TBEASOJJAPLB AND SEDITIOUS MEETINCtS, &e, Jot rartlage of The Tramroad when completed may be used for the carriage of bricks brickB, So. lime, clay, and other materialB to and from the brickyard, and New Lunatic IVom6a.m, to A8ylum,bntBhaUnot be need before 6 a. m. or afterSp.m-. 27 V. S. 1, c.l2, ?p.m. s.i. f . > . Motive power The bricks to be need may be drawn by convicte, or by horses or mulee. speea They shali not proceed at a greater epeed than 4 miles per hour, or be used without a properly adjueted break attached to one of them, and the euper- intendenoe of a careful pereon, 27 V. S. 1, c. 12, s. 5. lUfls not to pro- The iron rails shall not be permitted at any time to be more than 1 inch uf,?!.'''"'" above the surface of such portions of the streets as are imfnediately in eon- ™™' uection therewith, 27 V. S, 1, c. 12, s. 6. Levelling bridge The Board of Works may cause the portion of the streets before ™- mentioned to be leveled and repaired, and construct any bridge, culvert or drain necessary for the purposes of the Tramroad, 27 V, S" 1, c. 12, s. 7. So long as the Tramroad remains on the streets, the Board of Works Board of works shall maintain the streets from th e Western boundary of the new Lunatic loKeep ttie Tram- Asylum lands, and the entire breadth, in thorough repair at all times, and to replrir should the Tramroad be taken up or renewed, they shall restore the streets and leave them in good order, 27 V., S. 1, c. 12, s. 8 Transient Traders. 7 v., V. 46 and all Acts thereby repealed, relating to, repealed, 19 V., Repeal ot Acts C- ^^' Treasonable and Seditions Meetingfs, Uqlawfiil Oaths- Exciting insur- Compassing, imagining, inventing, devising or intending to levy war, rection to compel oy excite insurrection against the Government of this Island, as by law es- Council md^Aa^ tablished, in order by force or constraint to compel the Governor, Council tembly to diange or Assembly, or either of them to consent to alter or change the constitution the Cqmtitution as by law eelabliehed, or to put any force or constraint upon or to intimidate them or mo^e '"' °^^^ "'^^ them or either of them, or to move or stir any foreigner or strangers to in- stranger with force to invade this Island ; and such compaeeing &c. express- vade the island, ing, uttering or declaring by publishing any printing or writing, or by any evidenced by writ- overt act or deed ; treason : punishment death, 4 G. 4, c. 13. s. 1. See orimi- tag, &c. or overt „^ pouishment, 19 V. c. 22, s. 2. Administerine ^" ^"^ manner or lorm, administering or causing to be administered, or or taking oathor being aiding or assisting at, or present at and consentmg tothe administering engagement to en- or taking of any oath or engagement purporting or intended to bind the person gage in any rebel- taking the same to engage in any reoellious or seditions purpose, or to dis- OTODOaeB OTto°be '""''' "^^ public peace, or to be of any association, society, or confederacy of any associa- formed for any such purpose, or to obey the order or command of any com- tions, &C., forsuch mittee or body of men not lawfully constituted, or of any leader or commander purpose or not to of other pereon not having authority by law for that purpose, or not to inform te^,"''^ta?, OT <"■ giveevidence against any associate, confederate or other person, or not to oath or engage- reveal ordisooverany nnlawfulcombination,conspiracyorconfederaey, ornot ment. to reveal or discover any illegal act done or to be done, or not to reveal or dis- cover any illegal oath or engagement which may have been administered to or tendered to or taken by such or anv person, or the import thereof -. felo- ' ny [punishment, Penal Servitude for 4years, 21 V. c. 14, s. 1.] Taking any such oath or engagement, not being compelled thereto : Felony, [Penal Ser- vitude for4 years, 21 V. c. 14, s. 1.] Compulsion shall not justify or excuse Gmopulsionlnot any person taking such oath &c., unless ne shall within 4 days, if notpre- to excuse uidess yented by actual force or sickness, and then within 4 days after the hin- rwealedtoa Jus ^^^^^^ ceases, declare the same with the whole of what he knows touehing the same, and the persons by whom and in whose presence, and when a,na where such oath or engagement was administered or taken, by information on oath before a Justice, 4 G. 4, c.l3, s. 3. Accessories Persons aiding and assisting" at or present at, and consenting to the ad- ministering or takmg of any such oath or engagement, and persons causing the same to be administered or taking though not present, enall be deemed and tried as principals, although the persons who actually administered the oatU or enga^eiBent, bnye not been tned, 4 G. 4, c, 13, 9, 4. TRESPASSES 737 It shall uot be neoeBsary to aet fortU in tlie indictment fov administering Sufflolentto state oroauslug &c., or taking any oath &c., or aiding &c., the words of snoh oat]?'S in in- oath or engagement, but it sball be sufficient to set forth the purport or some dictmeni' material part thereof. Any engagement or obligation in the nature of an oath, What t o b e shall be deemed one in whatever form or manner administered or taken, and deemed an oath , whether actually administered by any person to another, or taken without administration by another, 4 G. 4, c. 13, s. 5. Every person indicted shall have delivered to him fiee of expense, a mSt'^o'' he?JeU- ti'ue copy of the whole indictment, 5 days at least before trial, 4 6. 4, y^ja c. 13, e.f. When any Justice or Police Officer receives informatioa on path, or Dupersion o t has reasonable cause to suspect that any meeting or assembly is held for ""eetrngs the purpose of exciting or stirring up any person to commit any act of insur- rection or insubordination, or to obtain, otherwise than by lawful means, any alteration or change in the Constitution or Government of this Island, as by law established, or to commit any of the crimes and offences mentioned in 4 G. 4, e. 13, or for any seditious purpose, he shall forthwith proceed to the meeting and require and take the assistance of any number of Consta- " bles or officers, within the place where the meeting is holdeu, or aiiy other persons, within aid and assistance, and order and direct, in Her Majesty's Persons contin- ^ name, all persons he finds there assembled peaceably t) disperse, and if Jer ^order to Sa" ' any persons, notwithstanding they have been ordered to disperse, continue ^erse together for half an hoar, the persons so continuing, on proof that the meet- ing was of a seditous or treasonable nature, shall be guilty of felony, [4 years. Penal Servitude, 21 V. c. 14, s. 1,] 7 W. 4,c. 12 s. 1. If any person with force and arms, wilfully and knowingly oppose> ft5"'°T'^° * ' p^; obstruct or wilfully let, hinder, or hurt any such Justice or Police Officer, or ^^ officer' or any pel son acting in aid or assistance of any Justice or Police Officer, persons acting in who shall attend, or be going to attend to disperse any such meeting, and if their aid any person so being at au^ such meeting, shall with force and arms, wilfully &c., oppoae, &c, any Justice, Police Officer oi otier persons acting in their aid or assistance in the arresting, apprehending or taking into custody or detaining in'executionofany person offending against this act, or.endeavonring so to do, he shall be gaUty of felony, [4 years. Penal Servitude, 21 V. c. 11, s. 1] 7 W. 4, c. 12, s. 2- If any person is suod for anything done iu pursuance of this act, the action h,^^ " Sone '"in or prosecution shall be comtpenced within 6 months, and he may plead the JSramuoe of Aet, general issue, and give the special matter in evidence, and if, on the trial, a commencement verdict pass for the defendant, or the plaintiff is non-suited or discontmues, of, General issue, or judgment is given for the defendant upon demurrer or otherwise, he shall °°** have full costs, and if it appear to the commissioners of public accounts, [Executive Committee] that the plaintiff has not the means of jiaying costs, sufficient to reimburse the defendant, they may order the Eeceiver-General to defray the costs, out of purse, 4 G. 4, c. 13, s. 11. No writ shall be sued out against, nor any copy of any process, at the Notice of action suit of a subject, served on any Justice, Police Officer, or any person acting in their aid or under their orders, until notice in writing of the intended writ or process has been delivered to him, or left at his usual place of. abode, by the attorney or agent for the party who intends to sue, at least one calen- dar month befot'e, in which shall be clearly and explicitly contained the eause of action the party has, or claims to have, on the back of which shall be endorsed the name and place of abode of snch attorney or agent; and no To be proved on plaintiff shall recover any verdict unless it is proved upon the trial, that such trial notice was given, but in default the defendant shalt recover a verdict and (,o^edtoMi™es costs as aforesaid. And no evidence shall be permitted to be given by the expiessed therein plaintiff on the trial of any cause of action, except such as is contained in the notice, 4 G. 4, c. 13, s. 12. Trespasses. Trespassing with fire arms, cutlasses or dogs, by entering upon the pre- .Tre a p a a s iii«. mises of any private residence, or upon any land without leave of the pro- '""' nrearms, so prietor, tenant or occupier, foj- the purpose of hunting, shooting or other- wise, on conviction before two Justices, penalty not exceeding £5, (jt,3 sterling) with costs, or commitment, not exceeding 14 days, 3 y. c. 43, p. 13, 4V 738 TRESPASSES. Trespassers re- If any pei'BOu being iu the act of committing a trespaBS, resist by vio- tfe°or*h' """^ lence or aseanlt any persons occupying private premises or land, or the vamts "'^ ^^'^" servant or any person authorized by either of them, he shall, on conviction forfeit not exceeding £10 (*6 slerUng) over and above any penalty he may have inouiTed oy contravening this act, and in default of payment at such time as the Justices may seem fit, imprisonment with or without hard labour, not exceeding 20 days, 3 V. c. 43, s. 14. privS"Sdence Committing a trespass by entering, not having lawful business on the enclosed or culti- premises of any private residence, or upon land. belonging to any proprietor vated land or occupier, which is enclosed, or in any manner cultivated : Penalty on ■ conviction before two Justices, not exceeding 40s and costs, in default of immediate payment, or within such time as they appoint to be recovered as after provided, 14 V. c. 46, s. 2. notiM°totlit°'M- '^^^ proprietor or occupier or his servants may require the person so ving talse account trespassing, forthwith to quit the premises or land, and tell his chnstian and or contmulng up- surname, and place of abode ; and if he refuses to do so, or gives a false or the"land"™™*"'" i^'isory account of himself, or wilfully continues upon or returns to the pre- Apprehensioa raises or land or any part thereof, the proprietor or occupier and his servants may apprehend him and cause him forthwith to be taken before a Justice, who may bind him over to appear and be summarily tried before 2 Justices, and on conviction, he shall forfeit 40a and costs ; m default of imme- ■ diate or other payment to be recovered as after provided, 14 V. o. 46, s. 3. Entering upon Any person charged with entering on any unenclosed land for the purpose miendosed Imd of trespassing to damage or destroy any tree, or to cut wood, or to steal and any ™e*^' cut ^^^ ^^^ carry away any fruit or root used for food of man or beast, or to wood, or stealany cut grass, on conviction befoie 2 Justices, shall forfeit not exceeding SOs and fruit orroot, or to costs, to be recovered as after provided if default is made in immediate pay- out grass ment, or at such time, as they appoint, 14 V. c. 46, s. 4. Trespassing with If any person is found passing along any private road, through any lands tor^ dminf the <"■ P^'^mises of any proprietor or occupier, with agunor lighted torch, during night ^^ the nisbt, without the consent of the proprietor or occupant, he shall, on con- viction before 2 Justices, forfeit not exceeding £3 and costs, in default of immediate or other payment, as they direct, to be recovered as after pro- vided, 14 V. c. 46, 8. 5. Persons entering If any person enter upon and occupy any lands belonging to, or in the upon and o?™py- possession of any person, without the leave of the proprietor or person in juft daimOT ap' l8,wful possession, any justice may by warram,' which he is required to grant pai-ent title may upon oath, charging any such trespasser with having without any just claim be removed and or apparent title entered upon, and occupied or taken possession of any iranished gngji lands, cause him to be brought befoie two justices, who on conviction may cause the trespasser to be removed from the possession, and inflict a penalty, not exceeding £3 and Cost, in default of immediate or other pay- ment, as they direct, to be recovered as after mentioned, 14 V. c. 46, s. 6. No person to be No Justice shall convict any person or inflot a line upon, or give any removed after one order to disposses such occupier, if it appeal' that he has by himself, or those or^^'ha^B^"^"^ under whom he claims title, been in quiet possession of the land for one claim or apparent year, or has any just claim or apparent title to the lands, or the occu- title pation thereof, 14 V ., c. 46, s. 7. Appeal Power of Appeal 14 V. c. 46, s. 8. Apnlioation ol Penalties shall be paid to the Churchwardens to the use of the Poor penalty j^ y ^ ^g^ ^ g Proceedings On information on oath, a Justice may summon the party to appear be- fore two Justices, who on failure to do so, may proceed exparte, or they or either of them, may issue a warrant for his apprehension ; or the Jus- tice before whom the complaint is made, may issue his warrant in the Ist instance, 14 V. c. 46, s. 10. Enforcement of ^^ penalties and costs shall be recovered by distress and sale, and in de- penalties fault of goods, the party may be committed fornot exceeding 30 days, or un- til paid, 14 V. c. 46, s. 11. Convictions, warrants and orders shall be according to Forms to 13 V. c. 35. No objection to be allowed for any defect in or want of form or sub- stance, or for any variance between such information, summons or warrant, and the evidence at the hearing, 14 V. c. 46, s. 12. TRUSTEES. 739 The words. " proprielor or occupier," Bhall include tenants, lessees, "proprietor or procuration attorneys and agents, 14 V. c. 46, s. 13. Occupant Troops. Rations to Her Majesty's Troops stationed in this Island, 30 G. 3, u. 9, Rations 2 G. 4, c. 21. Provision for the carriage of army baggage on a march, and allowances Carriage o£ bag- to Officers as sabsistence money, 45 G, 3, o. 10- gage, &o, Supply of water to Up Park Camp , 6 G. 4, c. 16. Up Park Camp, Unlawfully having in possession, or keeping or knowingly detaining, purchasing Sol- buying, exchanging or receiving from any soldier, deserter, or other per- diers' necessaries, son, on any pretence, or soliciting or enticing any soldier, knowing him ^ to be such, to sell any arms, ammunition, clothes or military furniture, or any provisions, or any sheet, or other articles used in Barracks, provided un- der Barrack regulations, or any Regimental necessaries, or any article of forage provided for any horses belonging to Her Majesty's service, or changing the article of forage, or changing the color of any clothes, on conviction before 2 Justices, forfeiture of not exceeding £5, (£3 sterl- ing) and treble the value of the articles of which the offender becomes possessed, and in default, commitment to hard labor, not exceeding 2 ca- lendar months, 1 V., c. ^, s. 2. On proof on oath of a reasonable cause to suspect that any person has Search Warrant in his possession, or on his premises any property of the above description, on or with respect to which any such offence has been committed, a Jus- tice may grant a warrant to seach for the property, as in the case of stolen goods, 1 v., c. 22, s. 3. The Officers of the ordinance empowered to make a carriage road Road from Bo- from the Botanic Garden to the military station at Newcastle, 8 v. c. 43. tanio Garden to ■' New Castle Trustees When any person seized or possessed of any real or personal property, Court of Chans or any estate or interest therein by way of mortgage, or upon any descrip- tSeesto^aSfSr tion of Trust, is out of the jurisdiciion, or not amenable to the process of the others out of the Court of Chancery, or not duly represented by Attorney, or it is unknown or jurisdiction not uncertain whether they are living or dead, or they unlawfully refuse to Sm^g?'uHJeDre^ convey or assure the property, estate or interest, the Court may appoint aected,' unknown any other person to do so in his name, and as the Court may direct, 4 W. 4, if living or dead, or c. 33 s. 1. refusing to oonvej Every such direction or appointment shall be signified by an order By order on pe« made on the petition of any person beneficially entitled to the property, """^ estate or interest sought to be conveyed or assured, and if such person be an infant, upon the petition of his guardians ; if idiots, lunatic ; or of un- sound mind, of their Committees, 4 W. 4, c. 33, s. 2. This Act shall extend to cases in which the person seized or pos- To apply sessed may have some beneficial interest, or any Trust property, oranyes- Sl^'^ tanAdS tate or interest therein has devolved on any executor, or administra- Sereat or ■S tor in his representative capacity, 4 W, 4, c. 33, s. 3. ' trusthas devolved The appointments maybe applied for, and made whether a suit is "Pou an executor pending or not ; if made in the course of any suit, no bill of revivor, sup- Appoin tm e n t plemental bill, or other like proceeding shall be required to ground any ap- may be made plication for such appointments or to revive or continue the ■ suit after- ™*^| or Mti wards, 4 W. 4, c. 33, s. 4. no bill of revivor,' No application for any appointment shall be made, unless public ^ , . , ,. notice has been given 4 weeks consecutively in the several County papers, cidon to be™ of the intention to make such application, which shall state at what sittmg vertised of the Court the application is intended to be made, and shall also be published 6 calendar months at least before the sitting mentioned therein, S W. 4, 0. 33, s. 5. The bona fide payments and the receipt of any person to whom any Bona fide pay money is payable upon any express or implied Trust, or for any meats to limited purpose, or of the survivors or survivor of two or more mortgajgees or holders, or the executors or administrators of suoh auvvivoi", 740 UNITED STATES S. M. COMMUNICATION. or their or his assigns, siiall eiFectually discharge the pepon, pay- ing from seeing to the application, or being answerable , for the mis-application thereof, unless the contrary is expressly declared by the in- strament creating the trust or security, 8 v., c. 19, s. 8. May pay moneys ^^ Trustees, executors, administrators or others having in their into ueceivor Gene hands any moneys belopgid)^to any Trust, or the major part of them, may tend orS of the ""^ filing au aiiidavit, shortly describing the interest creating the Trust, ae- courfof Chancery cording to tile best of their Knowledge and belief, pay the same into the Eeceiver-Greneral's office to the account of the Beoeiver-General, in the matter of the particular Trust (describing the same by the names of the parties as accurately as may be, for the purpose of distin^shmg it) in trust, to attend the orders of the Court of Chancery ; and his receipt shall be a sufficient discharge for the money paid, 11 V., c. 13, a. 1. ordors of the Such Orders as shall seem fit shall be from time to time made by the In "s'tmeS a n d Courfc of Chancery in respect of the Trast moneys so paid in and deposit- pnyment of moneys ed, and for the investment andpayment thereof, or of any interest, and for mM»"cation''of the the administration of any suoh Tmsts generally , upon a petition to bepre- tinst sented in a summary way to the ChancellcTr. without bill, by such party or parties as to the Couit shall appear to be competent and necessary -, and service of the petition shall be made upon such persons as the Court sees fit and directs ; and every order shall have the_ same authority and effect, and shall be in force, and su'bject to lefaearing and appeal, as if made in a suit regularly instituted ; and if it appears that any such Trust Funds cannot be otherwise safely distributed, the Chancellor may direct any suit or suits to be institated, 11 V., c, 13, s. 2. Vice Chancellor The Vice-Chancellor shall have power to make such orders as from may make rules |.jjjjg jg jj^^g ^jj^jj geem necessary for better carrying the provisions of this Act into effect, 11 V., c. 13, s. 4. United Boyal Ag-rienltural Society and Society of Arts, IHa- nnl^ctures and Commerce. Incorporation; Incorporation of " The Royal Agricultural Society of Jamaica," 7 V., C.49. Afterwards incorporated with " The Eoyal Society of Arts," under the title of " The United Koyal Agricultural Society and Society of Arts, Manu factures and Commerce,^' 27 V,, S. 1, c. 22. Deposit with con- United States Ships' Reg'isters. The Registers of all vesselB belonging to the United States arriving in sui'°'or'"»oerea^tea this Island, shall be deposited with the Consul or Agent resident here, and aeent duljT accredited. No suoh vessel shall be permitted to quit any port before all duties payable by the vessel or cargo, have been paid or secured. Act not to be in force unless there is au accredited Agent resident. Alports' where there is no Vice-Consul or Agent, the Deputy Eeceiver-General ' shall continue to hold the Begisters untU one is appointed, and the appoint- ment notified to the Governor, 2 W. 4, c. 47. United States Steam Mail Communication. Agreement (or The Governor may name any two members of the Executive Com- eonTeyanoe of a mittee, on behalf of the public, to enter into agreement from year to year. Tori anaTiungM™ for not exceeding five years. Or for a term not exceeding [five years, 27 V., ouoeamonth S. 1, c. 1, s. 1]. with any company or individual in this Island or else- where, or the Agent of any company or individual ont of this Island, for' the conveyance of a Mail in a steam vessel to and from New York, in the United States and Kingston once in every month [27 V., s. 1, o. 1, s. 11, and within suoh number of days as shall be agreed upon. Every mail shall consist of as many bags or packages to be provided by the company or person With whom the contract is entered into as shall be requisite, suffi- cient to protect the contents from damage by water or other liquid sub- stances, and to contain letters, newspapers, periodicals, books, and such other articles as by the laws or reg,alations for the government of the Post Office Department in the United States, or this Island, may be sent through either of such Post Offices, and of such weight, as shall be fixed by the agreement ; such Mails to be made up^ or got ready at the Post Offices for UNITED STATES S. M. COMMUNICATION. 741 transmission on tlie days agreed upon- foi- the departure of the vessels to carry them, 23 V., o. 11, s. 2. Upon proof to the Governor's satisfaction that the agreement has faith- '^y™"'' '"'' fully been carried out, he shall, by wai*arit' to' the Be'oeivel'-General,' direct "°"'™ payment of the sum monthly, or quarterly, agreed to be paid by the public, not exceeding £500 a-month, or £6000 a-year, -which the HBceiVer-Gene- ral shall pay in full satisfaction for such oervioe, 22 V., c. 48, s. 2. Whenever an M;reement is entered into fo* a term of years, it may be TaiTaination of terminated by the Executive Committee on behalf of the public, and the °°'""'°' company or party, by giving 12 months' notice of the desire to do so, 22 V., c. 48, s. 3. Upon any fidlure of the company to perform faithfully and punctually Withh o i a j n e the service, or any portion, the Governor may withhold payment of the Jo'^rfoJ^oontmo? whole, or such part as he thinks proper, of the money payable for the month or other period for which the failure takes place, 22 v., c. 48, s. 4. Prom the day of the commencement of the service under any agreement, custom ■ aatioi to be notified by the Governor in the '• Jamaica Gazette," the duties in the '"'" """""^i , schedule shall be collected by the Customs Officers, under statute 16 and 17 v., c. 107, relating to the British Possessions, 22 V., c. 48, s 5. And to be by them paid weekly to the Receiver-General, to be by him applied as after directed, and to the purposes of this Act, and any residue to tne public use, 22 V., o. 48, s. 6. Out of which, £1800 a-year shall be reserved and applied to the pm-- Application o f poses mentioned in the Kingston Town Dues' Act, 11 V., c. 10, the duties *^«J^ 1o™KiSS under which Act shall cease to be collected, 22 V., o. 48, s. 7 ; 23 V., c. 11, stonTown dues s.3-5. The duties under 22 V., c. 48, shall continue to be levied and collected T^\^^?",*° ,1' and paid over and applied, so long, as any contract shall exist, or endure. coSuanoVof^aSy for the conveyance ofaMail as aibregaid, and no longer, 27V., Sil, c.l, b.2. contract only SCHEDULE TO 22 V., c. 48. Ale, Beer, Cider, Perry, per ton Alewives, per barrel Asses, each ■■.. ■■■. Bread and Biscuts, per cwt Barley, per bushel Beef, per barrel .... — , Butter, per firkin Brandy, per gallon Bricks, per 1000 Candles, per box Com, per bushel Codfish, dried, per cwt Cheese, per cwt. Coals, per ton Cattle, neat, each Flow, free of duty under this Act Goats, each * Gin, per gallon Horses, each .... Hoops (wood), per one thousand Herrings, per barrel Lard, per firkin .... Lumber, per one thousand feet Meal, per barrel Mackerel, per barrel Moles, each Oils, per gallon Oats, per bushel Pork, per barrel Peas and Beans, per bushel Rice, per cwt Salmon, per barrel Smoked Salmon, per owt • . . i • ■ ■ • B. d. 2 3 1 3 1 3 2 2 8 1 1 2 3 8 1 6 2 4 1 ■0 3 2 1 3 3 4 3 1 3 1 2 3 S 742 VACCINATION. Soap, per box Salt, per owt Sugar, refined, per one hundred pounds Sheep, each Swine, each ..■.. Staves, red and white, per one thousand Shooks, hogsheads and puncheons, each Shingles, per one thousand Tea, per one hundred pounds Tobacco, per one hunmed pounds Tongues, wet, per barrel • " dry, per cwt. Wheat, per bushel Wine in bulk and bottles, per tun On all other goods, wares, and merchandise, and ef- ' fects of every description, not previously enume- ^ 2 rated, for every one hundred pounds value i. d. 2 7 4 6 6 ] 1 •8 4 4 3 3 1 4 Vaccinatiou. v«»tryto appoint The Vestry of each parish shall at the meeting for the election of parochial officers in each year, elect one or more persons duly ciuaMed as after enacted to be Parish Vaccinators, 28 V., c. 41, s. 1. One parish, or dis- They may either appoint one Vaccinator for the whole parish, or di- triot vacoin.tors .^jjg ^^ Jjjjq dfatriots, and appoint one for each, 28 V., o. 41, s. 2. Qualification Tjje qualification for office shall be either that the candidate is a regis- tered Medical Practitioner, or that he presents a certificate, signed by 2 qnahfied Medical Practitioners, that he is competent to perform the opera- tion, and to judge of and record its results, (Form A.) 28 V., c. 41, s. 3. Vaccina tor a to Each parish Vaccinator shall immediately after his appointment, ar- appoint days and range with such Ministers of Beligion of all Denominations, and School- pia«9, and perform masters Or other persons appointed by the Vestry as are willing to act vac na on person- .^j^j^j^^ ^jjg parish or distHct, and appoint certain days to attend at their Churches, Chapels, schools or stations, to vaccinate such persons or children as present themselves, or are brought to him for Vaccination, and shall perform the Vaccination himself, and not by deputy or agent, 28 V. 0. 41, s. 4. seturni of stations And as soon as he has determined on and arranged his stations, shall, *c. to oierk of tha make a return thereof, and of the names and oocupatious of the persons to ^""f countersign his returns, and the probable date of his attendances, to the Clerk of the Vestry, (Form B.) 28 V., o. 41, s. 5, Clerk oftuo Ves- The Clerk of the Vestry, as soon as possible after the election of Vac- EMoutlvf Oomi5t° cinators, shall make a return to the Executive Committee, (Form C.) giv- teo ing the name of each Vaccinator appointed, his qualification, and if not a regularly qualified Medical Practitioner, the names of the 2 Practitioners who signed the certificate, the district, names of the stations, and name and occupation of the person, and the station, to countersign hla returns, 28 V., c. 41, s. 6. Duties of Taccina- Each Vaccinator shall visit each station on three separate occasions tor to make 3 yisits at intervals not shorter than 7 days, nor longer than 9 days, to vaccinate, ob- reTa°ci"te"wh6n ^^ ^^^ ^™' occasion, he sliall vaccinate such persons or children needed"" " as present themselves, or are brought t-o him to be vaccinated ; on the second, he shall observe and record on a list to be kept in duplicate (Form D), the result of She vaccination performed the previous week, re-vaccinate such cases as failed on the previous occasion, and vaccinate any others who come, or are brought to him for the purpose ; on the third, he shall observe and record the result of his vaccinations and re-vaccinations on the second visit, 28 v., c. 41, s. 7. Mcturntoboooun- The Minister, Schoolmaster or person appointed, shall countersign the terilgined racord (S'orm D), 28 V,, c. 41, s. 8, VACCINATIOH. Upon, or immediately after the suooessful Vacoiuation, the Vaccinator uhall deliver to the person, or the father, mother, or the person who has the caro, nurture or custody of the child, a certificate under his hand, fPorm E) that he has been successfully vaccinated, , and the number to be mserted m such certificate shall be the same under .which he is registered in Form D, 28 V., c. 41, s, 9. " . Every Vaccinator shall make out in duplicate the returns, (Form D,) and forward them to the Clerk of the Vestry, 28 V., c. 41, s, 10. Who shall present them to the Vestry at their next Quarterly meeting, for examination and attestation by the Board, who shall do so, subject to any note or observation that appears to them to be proper, and which they shall Bubioin to, or endorse upon the same in writing, by the Clerk, who snail note thereon the date of the meeting, and subsciibe and state it to have been done by order of the Boam, and shall forward one copy so examined and attested, with any such note or observation to the Secretary of the Executive Committee, with the application for the payment, 28 V., c. 41, s. 11. And ehall file and preserve the other copy so examined and attested, with any snch note or obsei-vat ion by the Vestry thereon, as a parish record, 28 v., c. 41, B. 12. In the event of any Practitioner or Vaccinator being of opinion, after 3 successive Vaccinations, that any person or child is insusceptible of the Vac- cine disease, he shall deliver to such person, or the father, &c., of such child a certificate under his land, (Form F.) that such person or child is insusceptible of Vaccine disease, 38 V., c. 41, s. 13. The salary or renumeration of tlio Vaccinator shall be at a rate not ex- ceeding Is. for each case certified to have beea successful, to be paid on the Governor's warrant, to be issued after reception and examination by the Executive Committee ot the attested Vaccination returns from the Vestry. 28 v., c. 41, s. 14. Each parish Vaccinator shall be supplied with Vaccine lymph in glass tubes, at the public expense, and the Chief Medical officer at the Public Hospital shallimport, when necessary, from some Vaccine establishment in Great Britain, a sufficient quantity of the lymph in tubes, along with a supply of spare tubes for preserving the lymph, 28 V., c. 41 , s. 15. He shall not register the name of any person who^^has been already vaccinated, or who bears the maik of previous snocessfal Vaccination, 28 v., c. 41, s. 16. The Executive Committee shall cause, to be provided all such books, certificates, schedules, notices, regulations, and other forms as they deem requisite, and transmit ihem when necessary to the Clerk of the Vestry for delivery to the Vaccinators, 28 V., c. 41, s. 1.'. On the location on any estate, plantation, or settlement of any liberated Africans, or East Indian, Chinese or other Coolie Immigi-ants, the person in charge shall send information to the Vaccinator of the parish or district, who shall, not exceeding three months after receipt of such information, visit and vaccinate such of the Africans, or Coolies and children, as he considers in a fit state to be sucossfuUy vaccinated ; and shall record the results, and issue certificates in cases which prove successful, and forward in duplicate the re- turns to the Clerk of the Vestry, which shall be brought before the Vestry, and be examined and attested, subject to any note or observation by the board, and one copy forwarded to the Exenutive Committee, and the other preserved as a parish record as other Vaccination returns, 28 V-, c. 41, s. 18. The person in charge may, if he prefers it, have tlie operation per- formed by any qoalifled Medical Practitioner, under contract to attend the immigrants of the estate, but the Medical Practitioner shall not receive re- muneration from any Government fund provided for Vaccination purposes, 28 v., c. 41, s. 19. Each Sub- Agent of Immigration, at his pel iodical visits, shall ascertain that the requirements have been complied with. "If any person in charge has neglected or refused, the Sub- Agent shall procure it to be forthwith car- ried out, by requiring and authorizing the Vaccinator of the parish or district, as occasion may require, at any hour between 8, a.m. and 4, p.m., to enter on any such estate and vaccinate the immigrants and their children, or such as are fit for Vacoiuation, giving seven days' notice to the person in charge, of 743 CortlAcate of sue- CBHBfitl Tflccinatioa Beturn D. |,to be forwarded in dupli ■ oate to the Clerk of the Vestry To be b.submitted to the . Vestry A copy to be sent to Exeoutive Com- mittee with appli> cation for payment The other to be filed Certificate of in- susceptibility Remuneration Supply of lympii Persons already vaccinated not to be registered Forms to be pro' Tided by the Execu- tive Committee Vaccination of liberated Africans, Chi nose, and Coolies Oi* they may be vaccinated by the Medical attendant on the immigrants upon the estate Sub-agents to as- certain that the act has been complied with If not to require the vaccinators to do so 744 VACCINATION. At tho eipenoo of bis intention i and for such aervices the Vaccinator shall, on completion '5j°,g, """■"" 1 '" thereof, be paid by the person in charge Is. tor every immigrant or child Enforcemsit Successfully vaccinated according to the return. In case of any default the amount shall be recovered by warrant (Form L), to be issued by the Agent-General, 28 V., c. 41 , s. 20. ObBtTuctiog vac- cination Any person preventing any such authorized Vaccinator, froin entering on any such estate, or preventing or obstructing him from carrying out the Act, snail, on conviction before two Justices, pay a fine not exceeding £5, 28 V., c. 41, 8.21. Enforcement of Parents or guardians of any child or family of children under vaccination jg, shall causo them, if not previously vaccinated, to be vaccinated >vithin 12 months after the passing of this Act, (21st Febraary , 1865 ; came into opera- tion IsfrMay), by the Medical or other officer, or person appointed and paid by the public ; penalty not exceeding 20s., or in defanlt of payment, impri- Eight to vaccina sonmeut not exceeding 30 days. Any person above 12, on paying not exceed lion on paying Is j^^g j^ to the Medical officer or other person, shall be entitled to be vaccinated. Costs wiiei-o vac No convlction shall take place where it is proved that the parents oi' cinatea before trial guardians have taken the child or children to ue-vaccinated previous to the day of trial ; but they shall be liable to pay the costs, 28 V., c. 41, s. 22. » «lc"o°afui'o? re|- Every vaccinator who fails to register any person or child sncoessfully gistering an unauc- Vaccinated by him, or who registers the Vacomaliou of any person or child cossfiii use not successfuly vaccinated, sliall forfeit not exceeding 20s. for each such case, 28 V., c. 41,3.23. Forging or counterfeiting any certificate, or knowingly uttering or using any forged or counterfeited certificate, a misdemeanor, and to be pu- nished accordingly, 28 V., c. 41, s. 24. Any parish Vaccinator who demands or receives any remuneration, fee or reward from any person, or in any manner otherwise than is provided for any services rendered in that capacity, shall pay a penalty not exceeding 20s., 28 v., c. 41, s. 25. Any person who pretends to be, or acts as a parish Vaccinator, without having been duly amiointed, or pretending to be such, demands or receives any remuneration tvOm, or reward for vaccinating any person, or falsely and deceitfully personates any parish Vaccinator, with intent to induce any person to be vaccinated by mm, or fraudulently to obtain any remu- neration, fee, or reward, or to defraud any Board of Vestry, Clerk of the Vestry, or other officer or person whomsoever, shall pay a penalty not ex- ceeding £5, 28 V.,c.41, B. 26. No parish Vaccinator shall "be paid from the funds to be appropriated for the Vaccination of any person or child beyond the limits of nis district, 28 v., 0. 41, s. 27. Producing, or attempting to produce in any person, by Inoculation with variolus matter, or by wilful exposure to variolus matter, or to any article, matter orthing impregnated with variolus matter, or wilfully by any other means producing the disease of Small-pox within this Island. Penalty not ceeding £5, 28 V., c. 41, s. 28. No person or child ohall be admitted as a pupil into Smith's Charity School, St.Jagode la Vega, Jamaica, Manning's, Wolmer'e, Kusea's Free Schools, Mancnester District Schools, Vere District School, and Monro and Dickenson's School without producing a certificate according to one or other of the Forms. Should any cnild or person have gained admission into any such school without complying with this Act, he shall cease to be received as a pupil ; nor shall any one so disqualified be again admitted as a pupil until after the lapse of six months, and on having complied with the Act, 28 V., 0,41, s. 29. The masters of the above schools shall ascertain that the requirements are complied with, and enter on a register (Form I) the particulars of the certificate presented by .each pupil, and the Government Inspector of Schools, in addition to all otbe'r duties, shall examine such register and satisfy him- self it is duly kept, and the entries are according to fact, 23 V., o. 41, s. 30. And shall report the result of his inspection to the Governor, and where the requirements are not properly complied with, shall iuake a special re- port thereon, 28 V., c. 41, s. 31. :■' ■■ ■: Forging, &c. cer- tificate Receiving unau- thorized romunera- tion Personating pa- rish vaccinator, &o Vaccination out of district not to be paid from funds Inoculation— pen aliy No pupil to be ad- mitted into a free School without a certitioate Removal of such ae may gain admis- sion Registers to be kept by masters Ins po c to r of Schools to satisfy himself they are Kept VACCINATION. If it appear that any master of any such school has wilfully or knowing- ly permitted any pupil to enter his school without having fully complied with the requirements, he shall forfeit and pay such sum, to ne deducted from his salary, as the Governor may think fit, 28 V., c. 41, s. 32. Act not to prevent any qualified Medical Practitioner, whether or no* appointed as a parish vaccmator, or from performing Vaccination in any part of the Island, or issuing the certificate E, so long as he does so either gratuitous- ly or byprivate contract, but none except a regularly appointed parish vacci- nator shall be entitled to remuneration from the funds to be appropriated by the Government for the purpose of this Act, 28 V., o. 41, s. 33, Qualified Medical Practitioners shall, on application to the Clerk of the Vestry, be supplied with such forms as they require, 28 V., c. 41, s. 34. The forms E and F may be signed by any qualified Medical Practitioner or parish Vaccinator, but the forms G and Bf shall be valid only when sign- ed oy a qualified Practitioner, 28 V., c. 41, s. 35. Penalties shall be recovered according to any Act at the time in force relating to summary convictions, and appropriated to the credit of " the Fur- ther Immigration Fund, 1861," 28 V., c. 41, s. 36. The Justices, or any 2, at their first Petty Session Court in April, July, and October in the first year after the passing of this Act, ot at any Pet- ty Session Court at any other time, shall direct the Sergeant or some police- man in any city, town, village or parish to give public notice (Form K) by printed bills, posted on the entrance doors of the Court-house, Churches, Chapels, Schoof houses, market houses and Police Stations, and in such other manner as they think fit, requiring all parents and guardians to cause their childi'en to be vaccinated : such forms to be furnished by the Justices and Vestries, 28 V., c. 41, b. 37. All returns by Vaccinators shall be declared to before a Justice ; and a false statement shall subject the party to the penalties of peijury, 28. V., c, 41, s. 38. The Vaccination Act, 1865, 28, V, c. 41, o. 39. 745 Masters knowing - ly reooiving pupils contfary to act Vaccination by Qufllifled Fraction ors Medical practition ers to be supplied with forms Persons to siKn Forms, £. F. O. H. Recovery and ap- propriation of pea- Public notices calling npon pa- rents and guardi- ans to have childTcn vaccinated Returns to be de- clared to False statemrnts FORMS. Jamaica, ss. Parish of We the underBigned regularly registered Medical Practitioners do here- by certifiy that we consider of the parish of ^ is competent to perform the operation of Vaccination, to recognize and judge of its results, and to record the same, and that he nas suffi- cient acquaintance with the general forms of [the] disease to be able to select proper subjects both for obtaining lymph and for undergoing Vaccination. Dated this day of 18 Certificate of vac- cinators competen- cy, A, B. 3 Jamaica, ss. Parish of District of ■) Return of Stations at which „ . ^„ . „♦. > Parish Vaccinator has appointed »^b/b%. e. ) to hold Vacoinations. No. of Stations. Names of Sta- tions. Name and Occupation of Person who will Countersign Returns. Probable Dates of Visiting Stations. 4X 746 VACCINATION, i2 'B S I p^ i ■anoi'j'BA.iaeqo •nojiBig qoBs 0} Bi oqji iiosjaj jo ..^ ■aOU{|BI(J 9A1 -}09d98J 9\{% e^iaoddd uaAia aq oj '9[do8d aqi gni^'aani joj .lojumo -obX qoBo i£q paiaio'd ■du snoi}B)g JO 98caB{i •painioddB uaaq BBq qoB9 qoiqAs. 0) ^OLnsifj JO bniB^ 1 •aiBog -IJ.I30 Biq paogis oqAi s'soqi jo' samBU ''.lanoij •noBJB8 JO oniB^ "^i'k VAOOINATION. 747 m .a 5-^4 H (2 I 1-5 1^ 1 Synopsis of this Sheet. SucceBsful No. Unsuccessfal No. 1 P4 § a o 1 .s '3 1 i 1 1 g a •3 > 1 » $ ■s 1 o 3 S 748 Cartlfloate of 6U0' ceasfal vaccination, E, B. 9, 33, 39 VACCINATION. Jamaica, ss. Parish of I certiy that on the I vaccinated saw the said "No. day of of the pansh of on the and that the Vaccination was Bnoeesefhl. 186 and that I again day of A. B. Qualified Fraotioner, or C, D. Vaccinator appointed by Vestry. *N.B. The "So. in this oertifloate must correspond with the nnmber on the return, Form D. Certificate of in- auseeptlbUlt^, F 8. 13,35 Jamaica, ss. Parish of I, the undersigned, hereby certifiy, that I am of opinion that of the parish of is insusceptible of the Vaccine disease. Dated this day of 186 (State qualification) Certi fi e a t e of marlsB ef successfol vaccination, G, s. Jamaica, ss. Parish of I certify that of the parish of bears marks of a successful Vaccination. Dated this day of 186 (State Medical qualification.) N-B. This form can be signed only by a regularly qualified Medical Practitioner. Certificate of haT> log: bad email pox* H, 9. 36 Jamaica, ss. Parish of I certify, that I have carefully exaimined of the parish of and I am satisfied, and hereby certify accordingly, that the has passed through a regular attack of Small-pox, Dated this day of 186 (State Medical qualification.) N.B. This form can be signed only by a regular qualified Medical Prac- tioner. VACCINATION. 749 sS P "5 >» H « 05 a I c^ a "a 750 Notice to bAVQ children raootnated K, I. 37 VAOOINATION. NOTICE. To all parents aud gnardians. You are hereby required, immediately after this notice, to canae any child or children under your protection or charge, to be vaccinated according to the provissions of the " Vaccination Act, one thousand eight hundred and sixty-five ;" and, in default of your so doing, yon- wiU be subjected to a penalty of twenty shillings, or imprisonment for thirty days, for each offence. Dated this day of 186 Worraut to levy vaccina t o r ' a ac- count for Immi- grunts, L, s. SO Form or Wareaht. Whereas default hath been made in payment of the sum of due for Vaccination of immigrants located on estate, in the parish of according the provisions of " The Vaccmation Act, 1865 :'' ' These are therefore to command yon to levy the said sum of by distress of any goods or chattels to be found upon the said estate, in the said parish, upon which a landlord might distrain for rent in arear ; and if, within fourteen days next after such distress by you taken, with or without previous appriasement, the said sum, and the charges of distraining and keeping the same, ' shaU not be paid according to the scale fixed by the Act of the first Victoria, chapter twenty -five, then that you do sell the said goods and chattels, so by you distrained, and, out of the money arising by such sale, that you do pay the said sum of to parish vaccinator of the said parish, under the pro- -,^ visions of " The Vaccination Act, 1865," returning the overplus, ifs,i any, on demand^^ the proprietor, overseer or manager of the asud ' estate, after retaimng the charges on the scale aforesaid of distraining and keeping such distress. Given under my hand, this day of 18 A gent General of Immigration. To any policeman of the parish of Amend m e n t of pleadingrs in civil cases of indictment for misdemeanor where there is a variance between the written or print- ed matter in evi- dence, and the reci- tal in the pleadings. Costs For any offence whatever See' Indictment, 16 v., c. 16, s. 1-3 Amendments generally in civil actions quo war- ranto informations or mandamus where they are not material to the me- ^rits or cannot pre- IJudicethe action or defence Variances between Pleading's and Evidence. The Supreme and Assize Courts may, if they see fit, cause the declara- tion, infoi'mation, indictment, and other pleadings on which any trial may be pending for a civil action, or for any misdemeanor where any Variance ap- pears between any matter, in writing, or print produced in evidence, and the recital or setting forth thereof upon tfte declaration, &c. whereon the trial is pending, to be forthwith amended in such particulars by an officer of the court, on payment of such costs, if any, as the court think^ reasona- ble ; and thereupon the trial shall proceed as if no Variance had appeared ; and the order for amendment sball be endorsed on such declaration, &c., and recorded with the judgment in the office of the Clerk of the Court or Crown as the case may be, 2 W. 4, c. 10. Any Court of Oyer and Terminer and General Gaol Delivery may, if it sees fit, cause the indictment or information for any offence whatever, when any Variance appears between any matter, in writing, or print pro- duced in evidence, and the recital or setting forth in the indictment, &c., to be forthwith amended in such particulars by an officer; aud after such amendment, the trial shall proceedin the same manner, in all respects, both with regard to the liability of witnesses to be indicted for perjury, 'or other- wise, as if no such Variance had appeared, 13 V., c. 7, s. 4. Any Court of Record holding plea in civil actions, and any Judge sit- ting in a Court of Assize, it they see fit, may cause the record, writ, or do cument, on which any trial may be pending in any civil action, or in any in- formation in the nature of a Quo Warranto, or proceedings on a Mandamus when any Variance appears upon the proof, and the recital or setting forth on the record, writ or document of any contract, name or ether matter, ot circumstancun any particular in the judgment of the Court or Judge, not material to 1B| merits of the oase, 8 °- salo Whether the proceeds of any levy under any writ have been paid over Uotums of writs or not, or whether the writ has been executed or not, or only partly execut- ^"f'raSo fc^st^day ed, the Provost Marshal shall return the writ on or before the first day of the of tho noit Court then next meeting of the Court, and in each return, shall specify how and by tho provost in what manner every levy that has been made upon every such writ that "'"'''"' has come to .his hands has been disposed of; and in case no levy, or an in- sufficient levy has been made, he shall state the reason, 19 V., c. 10, s. 39. Every Deputy Marshal shall, on the first day of every Supreme Court i.o{i°^"'J,"i" pjlj! make his returns to the Provost Marshal of all Writs of Venditioni returna- vost Marshal of ble at such Court, wheion precepts have come to his hands ; and when a writs writ has not been fuUy executed, shall, with his return of " nulla bona," or partfotdM', i9°v^ of any levy not to the full amount, assign, in writing, and upon oath, the o. 3i, s. lo ' Jsarticular causes of such non-execution -or short execution ; and where a evy is returned in custody shall, with the return, set forth, in writing and upon oath, when the precept came to his hands, when the levy was made, and ihe paiticular causes why it has not been sold. Penalty for every de- fault! fine not exceeding £50 (£30 stg.), unless cause is shewn [to the Court, in writing upon oath, and also, if required by the parties interested. Examination on upon examination on oath, viva voce in open Court, or upon interrogatories J""^ '°int8??ogato- to be exhibited, why such return, or such assignation of the causes of non- ries execution or short execution, or such declaration touching a levy returned in custody, was not made. And in every case of default, without good cause shewn, the Deputy Marshal shall, under an osder of Court, which in every such case shall be made, pay the costs of the party complaining, to be taxed, 43 G, 3, c 20, s. 3. The Provost Marshal shall, on or before (10, a,m., of the 1st Thursday, provost Marshals' 7 v., c. 43), of the Supreme Court, return into the Clerk of the Courts' of- return to thecourt, lice all writs of Venditioni returnable at such Court, and in cases of non- ==« '9 V , c. lo s. ao execution or short execution, with the causes assigned as aforesaid, and in every case of a levy returned in custody, with such declaration concerning such return endorsed upon the writ. In case of default, fine not exceeding £50 (£30 stg.], amdunder an order of Court, wh.ch in every such case shall be made, the costs of the party complaining, to be taxed, 43 G. 3. c. 20, s. 4 ; 7 V.,c.43. In every case of a levy returned as applicable in a course of priority, the to pjSjfiy ^''"°'''''° Provost Marshal shall, (the return being made as aforesaid) , be allowed time for ascertaining the proportions whereon it is applicable, 43 G. 3, c. 20, g. 5. Until the 2nd Tuesday of the Court, 7 V., o. 43, 4 T 754 VENDITIONI EXPONAS, WRIT OP. Ponmty on Pro- On refusal or failure bv the Provost Marshal to pay over any moneys in TiTI' tj"'n5y mci '"^ hauds, demand being first made by the person entitled, or his authorized moneyB agent; tine not exceeding £100 (£60 Btg.), and also as a compensation to the party aggrieved, over and above the sum withheld, £10 per cent, per an- num on the amount, under an order of the Court in every such case to be made, with costs, to be taxed, 43 G. 3, c. 20, s. 6. i.nd'°thcfr SnpiiM ^he Piovost Marshal shall, within four weeks after every Supreme tion Court, make a f; ir and perfect schedule subscribed by him of all levies re- turned in such Court, shewing fully and particularly how they are respec- tively applicable and applied, as also another schedule of all moneys re- maining n\ his hands from levies of former Courts, shewing in like manner how they are applicable. Such schedule to be made in alphabetical order according to the names of the defendants in the writs, and of the testators ^ or intestates of defendants as representatives of persons deceased, and ve- fo to sworn o i^fied upon oath by the Provost Marshal or his principal clerk before a tho cio'rk 'to'iSo ro° Judge, and delivered to the Clerk- of the Court to be recorded in a book oordod and topt to be kept for the purpose, and the original carefully kept by the Clerk of the Court, (with the date of the filing endorsed thereon, 20 v., c.22, s. 25.) ^Provost Marshals' ^he Provost Marshal's fee for every schedule shall be £15 (£9stg.), to be Penally on Pro paid by the Eeceiver-General. For every default or neglect the Provost voat Marshal Mai'shal offending shall forfeit £400 (£240 stg.), to be recovered by action of debt, one moiety to the Crown, the other moiety to the informer, with full costs out of purse, to be taxed, 43 C 3, c. 20, s. 8, ciork of tho Court Penalty on the Clerk of the Court £50, recoverable by attachment on the application of the Attorney-General, 20 V., c. 22, s, 25, 39; 27 V. S. 1, e. 4. Pnymont in vaoa- Where the returns now by law rec[uired to be made by the Provost fovVro'iuTno'a'as Marshal and Deputy Marshal, to the Supreme Court, shew that a levy has not sold not been sold, the Provost Marshal shall, immediately upon the payment into his office of the net proceeds by the Deputy Marshal, proceed in the vaca- tion after the court to apply such net proceeds in a due course of law, with- out delaying the payment until the ensuing court, and shall be allowed time 11 days ofior ro- for ascertaining the proportions wherem the levy is applicable, until the ex- °°'^ piration of 14 days after receipt of such money, 19 V., c. 31, s. 9. Not to dispense Nothing herein shall dispense with the returns by law reqnu'ed to be with ths-retimis ro- jaaAti by_ the Provost Marshal and Deputy Marshals at the Supreme Court ""Stiouinrrto bo Concerning Vendltiouis ; and every Deputy Mai'shal in respect of writs on roturnod by dopu- which levies have been made, where the amount has not paid the writ in full, M^LrehaUn Edition shall shew in the return, and in addition to the particulars now by law re- to tho rcqniremouts quired, the days on which the sale took place, and when the moneys were of 43 G. 3, 0, w, B. returned, and paid by him to the Provost Marshal ; and the Provost 'Mai-shal shall deliver with the writs into the clerk of the Court's office the returns ii^?ed with" the ™ade by the Deputy Marshal in like manner as he is now required to deli- writs to tho ciork of ver in returns, 19 v., c. 31, B. 10. Provost Marshals' Upon payment into his office of any moneys the proceeds of any levy re- votums of the pro- turned as not sold under any writ the Provost Marshal shall make a return and of°tho'aooo°imtB thereof, and of the particulars of the accounts sales delivered by the Depu- baios ; advertise- ty Marshal to the Clerk of the Court, within 7 days thereafter, and also at Jp™ropSro'™'and '.l^i^ expiration of the time befoie allowed him for ascertaining the propor- ihopartiestowhom tiou wherein the levy shall be applicable, advertize in such newspaper as payable aforesaid (s. 7), the amount in his hands received, the proportions in which the same are applicable, and the parties to whom payable ; and shall also, at the expiration of seven days from the termination of each Supreme Courts advertize in such ne wspaper the moneys in his hands received under all writs of Venditioni lodged in his office returnable for such Court, the proportions hi which they are applicable, and the parties' to whom payable, 19 V., c. 31, B. 11. ' Liability of Pi'o ^° "^^'^ of any default or neglect by the Provost Marshal or any deputy vest Martial and in any matter in this or any other Act required in the execution and return Boputios of any Venditioni," they shall be amenable to the Supreme Court, and pu- niBhable under 43 G. 3, c. 26; 19 V., c. 31, s. 12. ruvohasos by or If aiiv Deputy Marshal purchase in his own or any other person's name MarsbaisolSwo"' °" ^^^ account any 'levies expbsed by him to sale, the purchase and sale shall be void, and on application to the Supreme Court the levies shaU be ordered to be forthwith 're-sold, and tho eostsof the application paid by VBSTEIES, &C., OLBEKS OF THE VESTRY, the Deputy Marshal, and for a second offence he shall be incompetent to hold the situation for ever thereafter, 19 V., c. 31, a. 13. Whoever BhaU not do his daty and comply with the direction of this Act, or oflend against its meaning, shall, for every offence on -which ape- na ty la not already imposed, forfeit £30, -which penalty, and all other pe- nalties in this Act mentioned and not declared how the same are recovera- ble, shall be recovered by action of debt, &c., one half to the Crown, 19 V.. c. 31, 3. 16. ' . T"?^ Provost Marshal shall provide and keep books, back alphabets of priorities, in which to enter the names of the defendants in every writ of execution, with all levies made upon writs of venditioni or other writs lodg- ed s^amst such defendants, and the levies made each Court liable thereto, in so lau- and clear a manner that every plaintiff or defendSnt may at one view discover how much money has been paid, or returned into office, sub- ject to the writ of execution. Penalty i,500 (£300 stg). Which books shall re- main m the office subject to the inspection of any person upon payment of Is 3d (9d sterling) for every search. Any Provost Marshal upon leaving office taking away, or by any means destroying any such book shall in- cur a penalty of £10000 (£6000 sterling), 21 G. 3, c, 23, s. 4. Such penalites shall be recoverable by action of debt, &c., one moiety to the informer, 21 G. 3, e. 23, s. 7. ' The Clerk of the Supreme Court shall keep books, in which shall be regularly entered, upon the returns of all writs from the.Provost Marshal's Office into his, the names and additions of every plaintiff and defendant in such writs, the amount of the debt and damages, with the costs of suit and delay, and the levy marked, or endorsed on the writ, with the names of the ■ persons who signed the direction to levy, and each entry shall specify the Court each wnt is returnable, with the Provost Marshal's return, which books shall be received as books of record ; and the same, or a transcript therefrom of any writ duly authenticated by the Clerk of the Court, shall be received as evidence in any Court, as also" of the original judgment when it has been lost or mislaid, 20 V., c. 22, s. 22. 755 Seoond ofTenco FonaltieB and ro covoi-y -where not otherwise provideil Back alp1i[i1iotB<»f priorities Alpliabetical books of dockets of -writs to be kept 1^ tlio Clerk of the Court To be recelvod aa records ; evidenco Vendryes Henry. Act authorizing his admiBsion to practice as an Attorney, Solicitor and Proctor, 24 v., c, 25. Admission aa nn Attorney, &c Vestries and Churchwardens, Clerks of the Vestry. The Cnstos shall, on or before 10th of July, issue his warrant to the In specter, or in bis absence, Serjeant, or any Policeman or Constable, forth- with to summon the persons qualified to vote for Members of Assembly and by an advertisement in the ' Jamaica Gazette,' and written notice posted upon the door of the Court House^ and some other building need for parochial purposes, for not less than 7 days, require s leh persons to meet at the Court House, some day to be fixed by him in July, to elect 10 Vestrymen and 2 Churchwardens for the year ; and should a sufficient number not be elected on the day, issue his warrant for another election on another day, the notice beifore proviaed being given, and so from time to time, until the number is completed, 27 V., S. 1, c. 7, s. 1. Should any circumstance prevent the Custos from issuing his warrant, or voters from meeting at the above periods, the Custos shall issue the warrant, and the voters meet and proceed to the election at any ether time, and as soon after as convenient, 27 V., S. 1, c, 7, s. 2. To render the election of a Vestryman or Churchwarden valid, the votes of at least 6 voters must be recorded in 'his favoi7'S7 V., S. 1, c. 7, s. 3. The persons elected at any time during the year shall, subject to vaca- tion of office, as by this Act provided, continue to hold such offices, until others have been elected for the following year, 27 V., 8. 1, c. 7, s. 4. The Clerk of the Vestry (Kingston excepted) shall take the poll, or,'in' his absence, the Custos shall appoint a person, 97 V., S. 1, c. 7, s. .5. Advertisemont nad notices for the elec- tion of Vestrymen and Churchwar- dens in July Furthur notices, Whore wan-ant not issued or eloO' tion proceeded with 6 votes at least be reeorded Person selected to continue in office until others nre elec- ted for the follow- ing year Clerk of the Ves- try to hold poll, ah sonco 756 VESTRIES, &C., CLEEKS OF THE VESTEY. When the proceedings are interrapted by riot or open violence, the Clerk of the vestry, or other person appointed, shall adjourn the poll &om time to time, and if necessary, from day to day. Should Sunday or a Ho- lidpy intervene, until the day after, and until the interraption has ceased, upon which he shaJl proceed with the election at the same place, 27 V., 5. 1, c. 7, B. 6. The poll shall be opened between 9 and 10 a. m., and closed at 4 p. m. Where there is no contest, or the contending parties agree, and 6 votes have been polled, the poll may be closed at any time previously, 27 V., 8. 1, c. 7, s. 7. No person shall be eligible as a Vestryman or Churchwarden, unless he is a freeholder or taxpayer, and qualified to vote for Members of Assem- bly, nor eligible as a Churchwarden unless he is also a communicant of the Church of England, nor any person eligible as a Vestryman or Church- warden who cannot read and write, 27 V., S. 1, c. 7, s. 8. The person taking the poll shall not receive the nomination of any candidate, or record any vote in his favor, if his name is not on the list of voters for the year, 27 V., S. l,c. 7, s. 9. Any Justice may sit and vote in the Vestry, and shall not be pre- vented from being elected a Vestryman or Churchwarden, if qualified, 27 v., S. 1, c. 7, s. 10. The Custos, after 1st July, and before the holding of the Vestry for the quarter ending 30th September, shall make a list of resident Justices, and fix the quarters in the next 12 months, in which they will be required to attend the Quarterly and other meetings of Vestry. The Magistrates' Clerk shall thereupon furnish the Clerk of the Vestry with a copy of such list, and give notice in writing to each Justice named therein, within 5 days after the list is made, of the Vestries he will be requu'ed to attend. *Not to prevent any Justice from attending out of his turn, if he think fit, 27 V., S, 1, c. 7, s. 11- No person shall be permitted to sit or vote in Vestry as a Justice, Vestryman or Churchwarden, who has, or shall be convicted of fraud be- fore any Insolvent or other Court, or upon whom Judgment has or shall pass for any felony or infamous crime, or who shall , within 2 years next preceding his election, have availed himself of the benefit of the Insol- vent Debtors' Act, or being a Vestryman or Churchwarden, shall cease to be an elector of the parish, and qualified to vote for Members of As- sembly, or who shall not, on being required by any member of the Ves- try, write out the words in Soliednle C, and sign his name thereto in le- gible characters, 27 V., S. 1, c. 7, s, 12. No Collector of Dues or his deputy. Deputy Marshal or his deputy. Crier of the Court, Collector of Petty Debts or his deputy. Clerk of the Church or a Chapel, Organist, Organ Eegulator, Parochial Schoolmaster, Clerk of the Market, Poundkeeper, Almoner, Sexton or Beadle of the parish shall be eligible as Vestryman or Churchwarden, 27 V., S. 1, c. 7, 6. 13. The election of any disqualified person shall be ipso facto void. If any Vestryman or Churchwarden already elected, is disqualified in any of the above ways, his seat shall become vacated thereby, and the Cus- tos shall issue bis warrant for the election of some other person in his room, 27 V., S. 1, c. 7, s. 14. No Justice, Vestryman or Churchwarden shall vote on any question in which he has any 'personal interest, under penalty of £20 ; nor shall the Custos or Chairman receive his vote on any such question, 27 V., S. 1, c. 7, s. 15. No Vestry shall be formed or complete, unless 2 Justices and 3 Ves- trymen be present, 27 V., S. 1, c. 7, s. 16. If any Vestry duly summoned, be not formed by want of sufficient attendance, every Justice whose quarter it is to attend, absent without a reasonable excuse, to be approved of by a maiority of members present ; and every Vestryman absent without excuse, to be in like manner approved of, shall forfeit not exceeding £5, nor less than £2, 27 V., S. 1, c. 7, s. 17. NoMoo of meeting Notice in the " Jamaica Gazette, by authority," signed by the Clerk J? c'™", 2"°°'' '^ of the Vestry, by order of the Custos or senior Magistrate, of the time Af^ournment of poll In case of riot, Ac Hours of boldlng Qnallfloatlona Komlnatlon not to be reoelTed un- less on the list of voters Justices may sit and vote and be elected if quaUfled Quarterly list of Justices to attend Vestry liotices to them None prevented Disqualification a to sit or vote Olilcers ineligi- ^ Elections of dis- qualifled p e r s o?ns void Seats of disqua lined persons v a- cated New elecMon Not to vo t e on any question i n wiiich they are in tcrostcd Quorum — 8 u p e r sedes, 22 V., c. 47, s. 1 Absence from Vestry VESTRIES, &0., CLERKS OP THE VESTRY. and place of holding any meeting, shall be a snfflcient aummoping, 27 V., S. 1^ c. 7, 8. 18, Any person duly elected, who refuses or neglects to serve, shall for- feit £5, to be recovered as after mentioned ; his seat shall be taken to be vacated, and himself not eligible to be reelected for the same year ; and no person shall be compelled to serve for more than 2 consecutive years, 27 v., S. 1, c. 7, s. 19. Upon the death, departure from the Island vfithout leave, or perma- nent inability of any Vestryman or Churchwarden, his seat shall be va- cated. In any case declared to be a cause of vacancy, the Gustos shall, upon its occurring, issue his warrant, as in the case of an orisinal elec- tion, to fill up the vacancy ; and the same notice shall be given^ and time aDowed between the warrant and the dsly fixed for the election, and the same qualifications renuired as in cases of original election, 27 V., S. 1, c, 7, 8. 20. The proceedings of any Vestry held during any vacancy, shall not be thereby invalidated, ana whenever less than 10 Vestrymen, or less than 2 Churchwardens are elected at the annual election, those elected shall proceed to the discharge of the duties of the Vestry, as if the full complement had been elected, 27 V., S. 1, c. 7, s. 21. In case of a double return, the Gustos shall issue his warrant for a new election, as in case of a vacancy, 27 V., S. 1, c. 7, s. 22. The Rector and Churchwardens shall be entitled to sit and vote in the Vestry, but their presence shall not be nee.' .nary to constitute a legal Ves- try, 27 v., S. 1, c. 7, s. 23. No Vestry shall make any order without Lr.ving first given timely no- tice to the Minister to be there, 32 C. 2, c. 7, s. 1. Any Justice, Vestryman or Churchwarden guilty at any meeting of anyrilde, insulting or contumacious behaviour to any member present, or to any officer of the Board, or person in attendance, or by hie conduct obstructing or preventing the business of the Vestry from proceeding, or departing from the Vestry witliout permission of the Chairman, whereby their proceedings shall be interrupted or impeded, shall forfeit not exceed, iug £5, nor less than 40s. ; the business to proceed, notwithstanding the departure of any Justice, &c., so long as there are remaining 3 members of the Vestry Board, unless the Gustos or Chairman consider it necessary, in consequence of such obstruction, to adjourn the Vestry for such period as he thinks proper, or to another clay, which he is authorized to do, 27 v., S. 1, c. 7, s. 24. The Justices, Vestrymen, Churchwardens, and Clerk of the Vestry during their attendance on, and for 24 hours previous to, and after the holding of any Vestry, shall be protected against nil mesne and judicial process in civU causes, 27 V., S. 1, c. 7, s. 25. The Gustos shall summon the Vestry in July, and prepare in detail, according to Schedule A, an estimate of the expenditure of the parish for the ensuing financial year; and also, in Form B, or as may at any time be by law directed or be required by any change in the objects of taxation. or alteration, or addition of any source of parochial revenue, an account of all parochial revenue receivable by the Collector of Dues ; and the Clerk of the Vestry shall, as soon as the estimate and account have been passed by the Vestry, transmit 3 copies of each to the Secretary of the Executive Committee for their approval, who may reduce the amount of any of the items in such estimate, which, when approved, and endorsed as approved by the Secretary and returned, shall be taken as the estimate for tlie year mentioned therein, and shall not be ch»,nged or varied in any respect by the Vestry, 27V., S. 1, c. 7, s. 26. It shall be the duty of the Vestry to make provision for the maintenance of the poor and indigent inhabitants, and particularly such as are sick and di- seased, either by means of out-door allowance or the establishment of an Alms House for their reception, or both. The Vestries of two or more ad joining paiishes may join in forming an union for the relief of their poor, in which case the expense of the Union Alms House or houses shall be borne rateably according to the number of poor each parish shall send to the Alms House, but not to authorize or empower the Vestry of any parish to expend any sum for the poor larger in amount thanii provided in the estimate of 757 BefUsal to servo Not compelltble beyond 2 years FlUine up vaean oiea Vaoanclea not to invalidate proceed- ings Double return Beotor and Church- wardens Kector to bo warn- ed Budo behaviour, &c . at Vestry Business may be proceeded with be- fore 3 members or may be adjourned Protection from civil process Estimates of ex- penditure and taxa- tion To" be approved by Exeoutlve Committee And returned Provision for vhe poor Uniqn Alms House 758 VBSTEIES, &C., CLERKS OF THE VESTRY. expenditure foi' the year, or to mctir any debt or liability, tor pay;nent of Admission which no provision is made. No person shall be admitted into aiiy Alms House without an order to the Superintendent, signed by one Chureh- warden or by two Justices, or one Justice and Vestryman, 27 V., S. 1, c. 7, 8. 27. pofSKi'Sii^i The Vestry, when it appears that the whole or any portion of any in oBdmntes. to sum provided in the estimates for the current financial year, for any asaenfof^MoutiTa P^rt'™'^!' purpose, will not be required, may apply, upon obtaining the as- Committee Sent of the Executive Committee to such expenditure, such sum or portion as remains unexpended to any other purpose in their opinion required to be perfoiined, during the financial year, for the benefit of the parish, 27 V., S. 1,0.7,8.28. I cov,nWimtl°'^'°^'^ The Court House, in St. Jago de la Vega, shall be under the control and subject to the supervision of the Gustos of the precinct of St. Catherine, 27 v., S. 1, c. 7, 8.29. oth"r vStries ""^ The Custos on 28 September, 28 December, 28 March, and 28 June, or within 10 days thereafter, and at such other times as may be necessary, shall summon the Vestry to meet for the disposal of any business to be nnd'o'a'r^'for'™'- '"'""gl''' before it; and at "each of the meetings to be held on or after any ment' °" '"' 1"'^" of the days last mentioned, all accounts against the parish for the quarter then expii'ed shall be examined, and, if found correct, passed. And the Cus- tos or Chairman shall, daring its sitting, draw orders on the Receiver-Gene- ral in payment of the accounts passed by the Vestry, and salaries of paro- chial officers, to be countersigned by the Clerk of the Vestry, and contain the name in full of the party in whose mvor it is drawn, the amount in words, sdioduio to bo and the purpose or account for which it is to be paid. The Clerk of the Vestry forvrordeii to the shall, immediately after the Vestry, forward to the Commisaioner for exam- audirSounts '° iuing the public accounts a schedule signed by him, in which shall be cor- Amounts exceed- rectly stated the particulars of the drafts. And whenever a larger amount inB one-foni-tii of than! -4th of that allowed in the estimate for any item of expenditure which '^^ '™'^ ^ could not be accurately ascertained at the period of maldng up the estimates Or in excess of ^ required, at the end of any quarter, or the amount is larger than is pro- estimate video in the estimate, the Custos or Chairman may draw for a sum larger than l-4th of that provided in the estimate for such particular item, and so on until the amount is exhausted ; and thereafter for the excess against Aeainst funds for *^® amount provided for unforseen expenses. And should this latter amount unfore'soen e x p en- bave been fuUy drawn, or the balance not be sufficient to meet the excess, so then against any amount to remain unexpended on the estimate for the year ; pendedainount° " ""it in no Case shall the total amount drawn for any year exceed the total Totaiofdrafts allowed On the estimate, nor any amount be drawn for unless it has been ac- of esumato"'' '"'"' t^^^y and bona fide expended and is due at the time, or is accruing due for To be only for any estimate not completed. Where sums are included in the estimates, not bona. fide expendi \^\^q subject of quarterly or other periodical payments, but are in gross for *"subjectaof gross One expenditure, the full amount may be drawn for at one time in payment expenditure of the particular expenditure, upon the due pei-formance of the service for which the amount was provided, 27 V., S. 1, o. 7, s. 30. certifloato at foot The Clerk of the Vestry shall certify at the foot of the schedule that all ofsciieduio the accounts or items therein mentioned are due and bona tide due, or are accruing due for any estimate not completed, and that no sum has be en in- troduced for which goods or services or goods have not been received bv or 'for the use of the parish, 27 V., S. 1, c. 7, s. 31. No item to be al- lowed in estimate No item of expenditure shall be included in the estimate which is not ™hSiT""°° mentioned in schedule A, or when introduced shall be struck out and disal- lowed by the Executive Committee, 27 V., S. 1, c. 7, s. 32. Custos, &c., to The Custos when present shall preside at each meeting, and may, with preside. couseut of the Vestry, adjourn from day to day or from one period to another for the despatch of business, and the Chairman presiding in his ab- Cattine vote sence shall have the same power, and when there is an equality of votes they shall give the casting vote, but shall not be entitled to a double vot'?, or to vote and give the casting vote besides, 27 V , S. 1, c. 7, s. 33. Clerk of tiio Ves- The Clerk of the Vestry, before he acts, shall be sworn in open Vestry, try to be sworn ^^j^j. penary of £100, faithfully and diligently to perform the duties of his office, in the manner directed "by the laws, to the best of his knowledge, skill, and ability; to be administered by the Chairmain, 27 V., S. 1, c,7 8. 34. ^ VESTKIBS, &0., CLEKKS OF THE VESTEY. 759 The Vestry may grant leave of absence to its Clerk for not exoeedine , i'""'" "f absonce 6 months, 27 V., S. 1, c. 7. s. 35. '» In case of his sickness or absence with leave, the Justices and Vestry uopuiy may appoint a deputy nominifBd by him and approved of by them, who shall perform the duties and be subject to the penalties imposed on Clerks of Vestries. In the event of the Clerk not nominating a deputy, the Justices and Vestry shall appoint one, 07 V., S. 1, c. 7, s. 36. The Clerk of the Vestry of St. John may keep an office and transact pa- try swo to*" ^°'' rochial business as such in St. Jago de la Vega ; the Clerk of the Vesbry of rortKoyni Port Eoyal in Kingston, 27 V., S. I, o. 7, s. 37. All moneys provided on the estimates for the repairs of any Church, Chapels, or other buildings shall be applied and paid on tenders, and con- Kopairs of Church- tracts to be taken agreeably to 26 v., c. 20, by the committee or quorum of «»^»>>« <""" """'i- the Vestry or Common Council appointed ae thereby directed, and on the cei'tificate of a quorum of such committee that the work the subject of certi- ficate has been properly completed or progressed with, to a value equal to the sum recommended to be paid ; and all such repairs shall be executed un- der the supervision and direction of a quorum oi such committee, or some person appointed by them for the purpose, 27 V., S. 1, c. 7, s. 38. The Building Committee shall submit for approval to the Vestry Board. Oonii» c t s « n a all contracts for work before they are certified, and upon the partial per- fj'-^'Jo v^tr" '"" formance or completion ©f such contracts, they shSul be referred to "° °' ''' the'Vestry before any advances or payments are made, 27 V. S. 1 , c. 7, s. 39. When the Clerk of the Vestry w not the Collector of Dues, the latter OoUootorof duo« shall on application of the Clerk of the Vestry, furnish the information re- «„S"S' m'°k°eTp quired for making up Schedule B, 27 V. S. 1, c. 7, s. 40. ScheduieB. The Mayor or Senior Alderman in Kingston shall perform the acts re- But lei, Si, c , quired to be done by the Custos of any other parish ; the Court of Common c'imiKinc''uno°ii Council the acts to be done by the Vestry ; and the Clerk of the Common and'oiMk""" tho Council, those to be done by the Clerk of the Vestry, and shall each be liable Common Council ot to the penalties imposed upon the Custos, Justices or Members of the Ves- '"°^*'°" try or Clerk of the Vestry for neglect or violation of anv of the provisions of this act, 27 V. S. 1, c. 7, s. 41. The Churchwardens of each parish shall be incorporated as "The . Churohwurdonn Churchwardens of the parish of " to sue and be sued, and do '°'!<>rpo"'''*"d all acts for or in respect of all parochial matters, that other persons may or ought to do, suffer or be subject to, but shall not incur any liability for the parish without having first obtained the sanction of the Vestry, 27 V. S. 1, c. 7, s. 42. No Churchwarden shall be entitled to any Commission for any parochial moneys paid into his hands, 39 G. 3, c. 22, s. 22. The Vestry of each parish except Kingston, shall at a meeting to be con- ^i^'l'om °^ ^ " vened after 10th July, elect their usual parochial oflicers, and the persons so '"^ ""^o" elected shall continue in office, unless removed, or it is otherwise provided by law, until 30th June, in the succeeding year, and further until an election take place, 27 V , S. 1, c. 7, s. 43. The supply of all goods and performance of services, and work of every ™° ^a oetfo^m^ kind required for the use of, or to be done or performed for any parish, shall fSoo'of eervic'esta be the subject of public compeiition, and the Vestt^ shall yearly, and from bo tho subject of time to time, as any contract for the supply of any article, or performance of '™^™ any work expires or determines, require tenders to be sent in, and accept the lowest or most advantageous tender, as they think proper, 27 V., S. 1 , c. 7, s. 44. The Vestry shall, on requisition from the Justices in Special Sessions, Hire 'of Distrio t hire and keep in lepair commodious buildings, or rooms for holdiiig dis- ''°'"' ^"""^ trict Courts, the situation to be determined bv the Justices in Special Ses- sions, 27 "V . S. 1 , c. 7, s. 45. The Justices and Vestry or Coi-poration of Kingston sfeall not become "o action to b e plaintiffs or commence any proceeding, or incur any expense on account or iamvraa {"n^Tt" any proceeding at law or m equity, without first obtaining the sanction of the fence without iho Executive Committee to the particular suit or expenditure ; and if any ^^- ^uavT ci^£t tion &c., is brought or thi'eatened against them, no defence shall be entered or expense incurred therein, unless the sanction of the Executive Commit* tee has been first had, 27 V. S. 1, c. 7,8. 46- 760 Fennlty for n e ■ gleet of duty Not to extend to euch as vote for pevfarmanco of the duty Clerk of the Ma- gistrates to take proccodinES Recovery of p o* altles for the use of the public False deolartions Short title Duration Vestry dinners Leave of ab- scnco Kingston, 18 y„ c. 61, 8. 18, 26 Clerk of the Ves- try: 27 v., S. 1, c. 7, a. 35 :16 Clerk s o f the Common Counc 1 1 and Vestry Incapacities VESTRIES, &0., CLERKS OP THE VESTRY. Persons omitting, neglecting, or refusing to perform any act &e., at the particnVir time mentioned, for which no penalty is prescribed, shall for- feit not less than £5, nor more than £30, 2? V., S. 1. c. 7, s. 47. But not to extend to any Justice, Vestryman or Churchwarden present at any Vestry, who votes for the performance, 27 V , S. l,c. 7, s. 48. The Clerk of the Mapstrates shall, on payment of the usual fees, insti- tute all necessary proceedings on information of any member of the Vestry or person aggrieved, for the recovery of anj penalty;; and on neglect or re- fusal, the Executive Committee, on complaint of any person aggrieved, may upon enquiry, and the complaint proving well founded, direct the Eeceiver- General to deduct the maximum penalty, which might have been recovered, from any salary or emolument to be payable to him, to be carried to the cre- dit of the pubhc, 27 V. S. 1, c. 7, s. 49. Penalties shall be recovered summarily before 2 Justices not named or appointed in the list to attend the Vestries of the quarter, and in default of payment or goods whereon to levy, the offender may be imprisoned in the nearest gaol not exceeding 30 days ; the penalties to be paid or remitted to the Receiver-General, anil carried to the credit of the public, 27 V. S. 1, 0. 7,s.50. Falsely declaring to any matter, indictable as a misdemeanor, 27 V. S. 1, c. 7, s. 51. Short Title '• The Vestry Election and Regulation Act, 1863," 27 V S.l,c. 7,8.53. Duration of Act from 1st January, 1864, to 3lBt March, 1870, 27 V.. S. 1, c. 7, s. 54. The Justices and Vestry shall not charge their parishes with any ex- pense for dinner, except at one meeting in each quarter, nor more than £10 (£6 sterling) for the expense. No such charge shall be made or allowed in St. Catherine and Kingston, 39 G. 3, c. 22, a. 24. The Justices and Vestrymen may grant leave of absence to Vestrymen, and to the holders of any public or parochial office in their gift, not exceed- ing 2 calendar months, and their places shall not be deemed vacated. No more tban 2 Vestrymen shall be absent on leave at the same time. In the case of any office of emolument or proiit the person obtaining leave of ab- sence, shall provide a sufficient deputy to perform the duties during his ab- sence, who snail be approved of by tte Justices and Vestry, 10 V, c. 34. The present Clerks of the Common Council and Vestry continued in their offices. They shall not be removable, except for just cause of com- plaint, to be heard and decided by the (Circuit Court, 19 V., c. 10, s- 17) who shall have full power to investigate such complaint, summon wit- nesses, and remove the Clerk, 16 V., c. 43, s. 1. The Common Council, and Justices and Vestry shall appoint others where vacancies arise upon deatli, removal or resignation, and the person appointed, shall not be removable, except for just cause of complaint, to be made and decided as aforesaid, 16 V., c. 43, s. 2. Every Clerk of the Vestry shall reside permanently in the parish, and if absent for 4 consecutive weeks without the consent in writing of 3 Magistrates in Special Sessions, on satisfactory cause shewn, he shall be deemed to have resigned his offlee, 16 V., o. 43, ,s. 3. No Clerk of the Vestry shall be capable, while holding the office, of being elected, or sitting or votimg as a Member of Assembly, or of any Vestry, Public or Parochial, or other Board or Commission, either for the. parish for which he is Clerk of the Vestry, or any other, 16 V. o. 43, s. 4 And every such election &c., is declared ipso facto, null and void, 16 V. c. 43, s. 5, 6. Each Clerk of the Vestry shall make up a statement in detail of the va- rious returns required to be made by him in each quarter, under the several existing laws, ahd of the various returns required to be made by him under orders of either branch of the Legislature, to 28th March, June, September and December, to be verified on solemn affirmation before any Justice of the island, and lodged in the office of the Clerk of the Assembly, within 20 days after such quarter day, 16 V. c. 43, s. 7. The Receiver-General shall not pay him any salary under the authority of any Act except he pioduoe a certificate from the Clerk of the Assembly, VB8TRIJ1S, itO,, OLBBKS Or TH» VHSTHV. 761. that the returns up to the quarter preceding the application for payment have been lodged, 16 V., c. 43, b. 8. Salary of Clerk of the Common Council to 31st March, 1867, £460 ; of s«lario« each Clerk of the Vestry for Manchester, St. Ann, St. Thomas in the East, St. Elizabeth, Westmoreland, Hanover, St. James and Trelawny, £260 ; St. Catherine, Clarendon, St. Mary ,£250, St. Thomas in the Vale, St. Andrew, Metcalfe, £210 ; St. John, St. Doiothy, Vere, Port Eoval and St. George, £160, payable monthly or qnartetly, 23 V., c. 19, s. 1, Sch. SCHEDULE TO 27 V. S. 1, c. 7. Purposes for which Provision may be made by the Vestry op each a., n. le. ss Parish. Church : — Provision for Sacramental purposes. Repairs to Parish Chnrch and Chapels. SaUry of Parish Clerls, of Clerks of Chapels, Sextons, Beadles, Organ- ist, Organ Begulators, and Bellows Blowers. Cleaning Church and Chapels. Lighting same, including Lamps. Ringing Bells. Regulating and repairing Clocks. Cleaning Church and Chapel yards, and burial grounds, and repairing fences to the same. Duty and Registry Books. Administration of Justice : — Repairs of Com-t-House, and rent and repairs of District Court-Houses. Allowances to Keepers of the same. Expenses of Look-up Houses, including repairs. Medical evidence. Solicitor of the JParish, or law expenses. Stationery, Lights, Candlesticks, Water. Imposition and Collection of Dues : — Books, Forms ?nd Stationery. Remuneration for making returns of persons possessing taxable proper- ty, and for aiding to discover and proceed against persons in default, or in arrear for taxes, and otherwise assisting in the Collection of Taxes. Protection of Property : — Purchase and Repairs of Fire-Engines, Pumps, and Hose. Pay to Captains of Fire-Engines and laborers to work same, when ne- cessary. Pay to Keeper of Fire-Engines and Pumps. Safery of Clerk and Surveyor to Firewardens. Reward to persons who have assisted in extinguishing Fires. Markets : — Commutation to Clerks of Markets. Building and repairs of Market-Houses, Wharves and Stalls. Pay to keepers of Markets. Copies of Standard Weights and Measures, Beams, Scales, and Rings. Pounds : — Rent and Repair of Pounds. Salary of Pound Keepers. Fodder and Water for Stock. Paupers : — Rent and Repair of Alms-House and Asylum. Salary of Surgeon, Superintendent, aad Matron to same, and of Sur- geon to out-door poor. Hire of Nurses, and maintenance of Paupers, sick and well, medicines, coffins, and interments, and for transient poor. St^ftry of AJmopers- 4.?? 76S VESTRIES, See, CLERKS OF THE VESTRY. Miscellaneous : — '. Schoolmasters to Parochial Schools. Kent of School Honses. Salary of Becorder (in Kingston.) Ditto of Keeper of the town Clock, and repair of same. Ditto of Harbour Masters, Law charges, taking p&IIs at Elections in Kingston. Printing and Advertismg. Expense of a night watch. Supply of Water. Unforeseen and extraordinary expenses. Any other expenditure sanctioned or required by any Act of the Legis- lature. VESTRIES, &C., CLERKS OP THE VESTRY. Account of the Property, Real and Personal, in the Parish of in the year 186 liable to Taxation. 76a Total number of Houses, &c. liable under the " Li- ■> cense and Kegistration Duties' Act," and > amount payable thereon j Total number of wheels of Wagons, Wains, andT Tracks, (Railway and Tramway Trucks ex- cepted), carts and drays, water carts, and > spring carts liable under ditto, and amount I payable thereon J Total number of hackney carriages liable under } ditto, and amount payable thereon ) Total number of wheels of gigs, chaises, and car- 1 riages liable under ditto, and amount payable > thereon J Ditto ditto used solely for livery stable purposes, } and amount payable thereon. . J Total number of norsekind used on main or paro- chial roads, and liable under ditto, and amount payable thereon Ditto ditto used solely for livery stable purposes, and amount payable thereon. Total number of asses liable under ditto, and amount payable thereon Total number' of horsekind, asses, and horned^ stock liable under ditto, and amount payable > thereon j Total number of working cattle liable under ditto, and amount payable thereon Total number of sheep liable under ditto, and amount payable thereon Total number of boats liable under ditto, and amount payable thereon Total number of fire-arms, licensed to be used on the premises of the owner, liable under ditto, and amount payable thereon Total number of nre-arms, licensed to be kept and f used otherwise, liable under ditto, and amount > payable thereon ) lS)tal number of acres of land liable under ditto,/ and amount payable thereon S Total number of feet of foot land liable under ditto, ) and amount payable thereon ) Probable revenue from undermentioned sources, viz i Licenses to retail spiiits, at Ditto to keep taverns, at Ditto to hawk and peddle, at Ditto to seU gunpowder, at The pounds The parish lands, and houses, and pumps The markets The fines (Add any other item, or source of parochial revenue not above enumerated or given, and the amount thereof respectively.) =s m Words to baWTit. I do hiereby claim to eit and vote in this Vestry, being qualified *•" ana signad by J. „ i- !„,„ claimants to vote, according to law, c. «• w 764 WEI&HTS AND MEASURES. Waste. No action to bo No action of waste shall be permitted to be broxight or allowed to lie <■»■• in any Court, 33 C. 2, c. 23, e. 6, 19, V., c. 46, s. 3. Weights and Measures. Measuroa of The yard hitherto in use, and which when compared with a pendulum, the rtandard ^"^ Tibrating seconds of time in the latitude of London, in a vacuum at the level of the sea, is in the proportion of 36 inches to 39.1393 inches, shall be the . genuine standard of that measure of length or lineal extension called a yard and shall be the unit or only standard measure of extension, wherefrom or whereby all other measures of extension, whether lineal, superficial, or solid, shall be derived, computed and ascertained, and all measures of length, shall be taken in parts or multiples or certain proportions of the standard yai'd. One-third of the standard yard shall be a foot, one-twelfth of the farts or mutipien foot an inch, the pole or perch in length shall contain five and-a -half such yards ; the furlong two hundred and twenty such yards and the mile, one thousand seven huudred and sixty such yards, 6 V., c. 2S, s. 2. supernciai mea- All superficial measure; shall be computed by the standard yard, or cer- »HJ°' tain parts, multiples or proportions. The rod of land shall confkin one u 11 08 of yar tjjoygjmij j^q hundred and ten square yards ; the acre 4840 square yards, be- ing 160 square perches, poles or rods, 6 V. c. 28, s. 3. The standard brass weight of lib troy weight, shall be the unit or only iho'8tan"'Br'a'^o''f Standard measure of weight from which all other weights shall be derived irsi^ht computed and ascertained. One-twelfth part of the troy pound shall be an i""" ounce 1 one twentieth part of the ounce, a penny weight ; one-twenty-fourth part of the penny weight, a grain ; so that five thousand seven hundred and sixty such grains shall be a troy pound, and seven thousand such grains, a pound avoirdupois, one-sixteenth part of the pound, avoirdupois, an ounce avoirdupois, one sixteenth part ol such ounce, a dram ; and the grains shall be in proportion to a cubic inch of distilled water, weighed in air by brass weights at the temperature of sixty-two degrees of Parenheit's thermometer, the barometer, being at 30 inches, which is equal to 252.458 grains, and the pound troy shall consist of 5760 such grains, 6 V. c. 28, s. 4. MuitiploB The stone weight shall be deemed to contain 14 standard pounds of avoirdupois ; an hundred weight eight such stones, and a ton twenty such hundred weight, 6 V. c. 28, s. 5. Mensuie s of ca- The standard measure of capacity as well for liquids, as for dry goods ""Gauon the Bland- ^^^^ ^® "^^ gallon oontaing 10 lbs. avoirdupois weight of distilled water ard weighed in air at the temperature of sixty -two degrees of Fahrenheit's ther- mometer, the barometer being at thirty inches, and the measure of the capa- city now used in England shall be the uuit and only standard measm*e of capacity from which all other measures of capacity to be used as well for Parts and mnlti- 'Wine, beer, ale, spirits and all sorts of liquids as for dry goods, shall be de- ,,i„s rived &c., computed and ascertained, and all measures shall be taken, in parts or multiples or certain proportions of the imperial standard gallon ; thq quart shall be Uie one-fourth part of such standard gallon, and the pint the one-eighth part ; two such gallons shall be a peck, and eight a bnahel, and eight bushels a quarter of corn or other dry goods, 6 V. o. 28, s. 6. Fof "oods sold by The standard measure of capacity for corn, lime, potatoes, salt, fruit or tho bushel other goods usualljr sold by the bushel, shall be the aforesaid bushel con- taining SOlbs avoirdupois weight as aforesaid, the same being made round with a plain and even bottom, and being nineteen and a hauinches from outside to outside, and shall be stricken, when used, with a round stick or roller, straight and of the same diameter from side to side, 6. V, c. 28, s. 7. Contracts to be .*■'! contracts, bargains, sales and dealings in this Island, for any work according to the to be done. Or for any goods or other thing to be sold, delivered, done or standard weights agreed for by weight or measure, shall be construed to be mstde, and had Soother"'""' according to the standard weights and measures, ascertained by this Act, and by none other, 6 V., c. 28, s. 8. Articles sold by All articles sold by weight, shall be sold by avoirdupois weight, except weight to be by gold, silvcr, platina, diamond or other precious stones ; and drugs when sold '^IxMoMons""*'" By retail, and such excepted articles, and none others, may be sold by troy weight, 6 v., c. 28, s. 9. WEIGHTS AND MEASURES. 765 The Receiver-General shall import for the use of Metcalfe, a copy or Oopios or modola model of each of the standard yard, pound, gallon, and bushel, and each part and multiple thereof, as now used m England, to be deposited in the Clerk of the Peace's office, and there kept that reference may be had to them when .j^j,,, ij„j ^^^^le necessarj, and the copies or models of the standard weights and measures ciorkofthoPoaoo's which have been deposited, and are now in the office of the Clerks of the o^°" Peace for the several parishes, shall remain in such parishes for the pur- pose aforesaid. [These -were imported under the repealed act, 5 W. 4, c. 23, B. 8.1 Intheoase of a nuw parish, copies or models shall be imported forit, and lodged in the Clerk of the Peace's office, for the purpose aforesaid, 6 V. 0. 28, s. 10. The Justices and Vestry were also required to order and procu re for the DupUoatca for use of the Inspectors, duplicates of the models of the weights and measures, ^ef^w" ana' Mea^ the duplicate weights of brass or iron, and the measures of pewter or tin, suroa to be compared with the copies of the standards once at least in every three compariaon wuh months by the Inspector in the presence of the Clerk of the Peace, and if '"'''"'' found short, deficient or untrue, shall be destroyed, and the Inspector omit- ting to compare the duplicates with the standards quarterly, is declared lia- ble to be dismissed from his office, 6 V., c. 28, s. 10. The Justices and Vestry were also required to procm'e two triangles, and Triangloa, bcama, two tme beams, and two pairs of scales for the use of the parish i one trian- °°°"" gle, one beam and one pair of scales to be kept in the Clerk of the Peace's of- fice for the purpose of verifying any weights brought to such office fur the purpose, and the others to be delivered to the Inspector to enable him to try the weights in his parish, 6 V., c. 98, s. 11. 6 Vic, c. 28, (s. 10, pt. 11, pt. 13 pt.) was repealed so far as it extends to Partial ropaai of charge or affect any parish with the payment of any money for salary to Ji^Ja'pt"''"''"' *"' Inspectors of Weights and Measures, or to procure duplicates or copies or ' moaela of the weights, measures, or other implements in the Act mentioned, or to authorize the appointment of any such Inspector in any parish, except Kingston, St. Catherme, Trelawny, and St. James, 10 V., c. 46, s. 1. In these parishes the Act shall continue, except so far as it authorizes and requires tnem to raise a tax for carrying on the same, in which respect it is repealed, 10 V., c. 46, s. 2. The salaries of the present Inspectors for the above parishes until 3l8t Salaries of Inspoo- March, 1867, are, St. Catherine, St, James and Trelawny, £30 each ; *"" Kingston, £60, 23 V.,c. 19, s, 1, Sch. Upon any vacancy occurring iu the situation of Inspector in any of Dpon vacauciaa these parishes, no new appointment shall take place, but the duties shall fOTmodbypoUco"" be penormed by the Inspector of Police, or any one of the Sergeants, with- out any salary or remuneration beyond that attached to his office as such Inspector or Sergeant, 23 V., c. 19, s. 4. The Inspectors may enter any shop, store, wharf, warehouse, stall, ^°^°l '° '"''"" yard or place wherein goods or anything shall be kept or exposed for ' ff'tompaio ana sale, or weighed for the purpose of shipping, conveyance or carnage, and aoizo faiso weights, weigh all weights, and try all measures, beams, or scales or other weighing *° machines, and compare and try the same with weights and measnres equal to the copies of the standards required to be kept in the offices of the Clerks of the Peace, and if any are found deficient, light, unjust or imtrue they shall be seized by the Inspector and taken before two Justices, who, Forteiiuio ana on Its being so shewn, shall declare them forfeited, and order them to be aeatruotion and destroyed, and the persons in whose pessession they were found shall for- P™""? feit not exceeding £10 for each weight, measure, beam, scale or ma- chine forfeited and ordered to be destroyed. When the difference between Kepair ana aiUuat- any weights and the copies of the standards is not considerable, and "i™' shall not m their opinion have been occasioned by any improper means or with any fraudulent intent, but by the usual wear and tear and loss of weight by rust occasioned by exposure to damp air, the Inspector may re- frain from seizing any such weights, and proceed to adjust them and make them equal to the copies of the standards, by attaching and firmly fasten- ing to them one or more iron rings. No such rings to be attached to any weight under 141bB. avoirdupois. It shall not be lavyful for any person to use any weight of lead or tm, and all such weights may be seized and des- troyed by the Inspector, and seized and taken before two Justices by any other person, which Justices shall order them to be immediately destroyed, 6V.,c. 28,8. 12. No fees, Inipec tiOnB to be once in 3 months Stamps to weights^ and measures Forging, &c., Stamps 766 W. I. INCUMBERED E.STATBS. The Inspector shall not be entitled to any fee from the parties in pos- session of any weights and measures he may adjust. He shall inspect the •weights and measures in each place of public busmess once at least m every three months, 6 V., c. 28, s. 13. The Justices and Vestry and Corporation may, if they see fit, cause a stamp to be put on all weights and measures used in their parishes, and any person refusing to permit the stamp to be put on any weight or measure by the person appointed for that purpose shall forfeit not ex- ceeding £10,-6 v., 0. 28, B. 14. Persons making, forging or counterfeiting, or causing, &o., or acting, or knowingly acting, or assisting in making, &c. any stamp or mark adopted and used by the authority of the Justices and Vestry or Corpora- tion for stamping or marking any weights or measures to denote that they have been compared, adjusted and approved, shall forfeit not exceeding x20. Selling, uttering or disposing of, or exposing to sale any such ille- gal weight or measure with or without such forged or counterfeit stamp or mark , penalty not exceeding £10, and the illegal weights and measures shall be forfeited and destroyed, 6 V., o. 28, s. 15. Any person on whom any imposition shall be attempted by the use of any illegal weights 'or measures, or to whom they may be offered for sale, may seize and carry them before two Justices, who shall hear and determine the complaint, but if it appears that the persons "who seized them did so wrongfully or vexatiously he shall be liable to a penalty not exceeding £10, 6 v., c. 28, s, 16. The copies of the weights and measures and mnltiples shall not be re- moved from the Clerk of the Peace's office, but shall be kept therein for the purpose of comparison and verification. Penalty for taking or at- tempting to remove anv of them, or triangle, beam or scales, not exceeding £50. It shall be the outy of the Clerk of the Peace to see that proper care is taken of the weights and measures, and triangle, beam and scales, and that they are not injured but are in good order, clean and ready to be used in comparing or verifying any weights or measures brought to his office for the purpose. Penalty £10. For his trouble he may demand remune- ration from the Justices and Vestry not exceeding £6 per annum, 6 V., c. 28, s. 17. The Justices and Vestry, if they find it necesssary to suspend or dismiss the Inspector, may direct him to bring to and leave in the Clerk of th 9 Peace'^s office all copies of weights and measures, and the triangle, beam and scales provided to be given to him. Penalty for neglect or refusal to comply with such direction £10, over and above the value of the articles he refuses or neglects to deliver up, 6 V., c, 28, s. 18. For every offence for which no penalty is pro vided the offender shall in the discretion of two Justices before whom the conviction takes place, either be liable to a penalty not exceeding £ 20, or imprisonment not ex- ceeding 30 days, 6 V., c. 28, s. 19. Two Justices may convict any person charged with any offence and award the penalty, and in default of payment sentence the offender to be imprisoned not exceeding three calendar months, 6 V., c. 28, s. 20. Penalties when recovered shall be paid to the Treasurer for the use of the poor, 6 V., c. 28, s. 21 The Justices may allow costs and enforce payment in the same manner as penalties, 6 V. , c. 28, s. 22. Prosecutions shall be commenced within three calendar months, 6V., c, 38, s. 24. Appeal Power to appeal, 6.V., c. 28,-s. 26, 27. Seizure, &e., by persona on whom imposition is at- tempted Penalty for reza- tions seizure Copies not to be removed from Clerk of the Peace's of- fice His remuneration Suspension, Sua, of Inspector— deliv- ereyup of copies of weights, &o Penalties and en- forcement Application Ceets Commencement of prosecution West Indian Incnmbered Estates. Commissioners, 3 The Commissioners to be appointed in this Colony in pursuance of the Judges ^ctB of Parliament " The West Indian Incumbered Estates' Acts, 1854- 1858, " shall be any three of the Judges of the Supreme Court for the time being who, or any two of whom to be so appointed, shall, whenever sitting at such times and places as they or any two of them shall appoint for the holding of sittings for the purposes ot those Acts, have .jurisdiction over all WHARVES, PUBLIC. 767 matters to be brou^bt before tbem in the Conrt to be establiBhed, as pro- vided by the Acts ot Parliament and this Island, 25 V., c. 1, a. 2. The Clerk of the Supreme Court or his deputy shall be the Secretary .^^^'g"'*'?' "'"''' "' to the CommisBioners under the Acts, 1854-58, and the Provost Marshal or emouUto offlcor, his deputy the sole Executive officer of the Judges as Commissioners for the Provost Marshal service of all process to be issued by the saia Commissioners, and they Fms shall be entitled to such fees as shall be settled by the Commissioners under the powers in the Act, 1854, contained, subject to such disallowance or altera- tion by the Legislature of this Colony as is in the 13th section mentioned, 24 v., 0. 4, 9. 2. aiii ^y There shall be paid by the several suitors under this and the recited To bo _ p '°"''°°' Acts, before all proceedings, such fees in respect of the business and duties jytis'juagoa to be by the Jn<^es performed, as shall be fixed by the Commissioners in England nnder the Act, 1854, s. 13, subject to suoli disallowance or altera- tion by the Legislatui'e of this Colony, 24 V., o. 4, s. 3. Such fees shall be paid by means of stamps impressed on the proceed- ^^ woans o f ings, procurable from the Eeceiver-General on the distribution, and no dis- " count shall be allowed, 24 V., c. 4, s. 4. The Commissioners shall be paid, on the warrant of the Governor, by Judges remunora means of the fund from stamp duties for their services, suchsalary or remu- "°'' "'s™'"" neration as shall be ascertamed and fixed in proportion to the number of days each shall sit, 21 V., c. 4, s. 5. The fees, when settled and approved, shall be demandable by and pay- The f«e« to ciork able to the Secretary and Provost Marshal or deputy, to whom they shall °' *" S""l ?"!* be awarded as remuneration by the suitors in the Court to be established, teaemana^iio be- and payment may be demanded before performance of the duty. Demand- fore performance of ing or taking greater or other fees shall be deumed a petty misdemeanor "sxtOTtion and extortion. Penalty on conviction before two Justices not exceeding £20, nor less than £5, and amends to the party aggrieved in treble the amount demanded, such penalty and amends to be enforced according to the provisions of any Act to be in force relating to summarv proceedingsXe- fore Justices, in a consolidated form in one summons, and conjoined in all the other process therefor, 24 V., c. 4, s. 6. The Secretary and Provost Marshal, shall cause a list or Schedule of all .,''',''S"'i''f •2'''- fees payable to be publicly exhibited at all times in their offices. Penalty ''"°'"" '"eirofflcei £5, by each, to be recovered as last aforesaid. The Judges shall cause a list tjj°°' '° *" '°^"*' of all fees to be published at the public expense in the " Jamaica Gazette" before any proceedings are had in the Court, or any fee shall be demanded or become payable, 24 V. ?. 4, s. 7, Wharves, Public If any owner of any Wharf, or any person acting under him, receives „ ^eodte^'"to'be payment for any goods landed on or dehvered at his Wharf, or for any ves- Public wharrei sel lying and delivering or landing thereat, or on the adjacent beach, the wharf shall be deemed a public wharf, 7 V., o. 57, s. 2. All persons keeping public Wharves shall keep a book, wherein they Books of entrio. shall fainly enter the marks and numbers of all goods landed on or de- livered at their Wharves ; as also the names of the persons or estates by or to whom landed or delivered, and of the vessels out of which taken or shipped, and shall give receipts for all goods so delivered or landed at or ^^ ^^^ ^^ npon their wharves, to which books all persons shall have free access inspection during the 'working hours of the day at such Wharf. Any owner or wharf- inger neglecting to keep such book, make such entries, or give such re- ceipts, or refusmg access to such books if demanded, shall forfeit £10, 7 v., c. 57, 8. 3. All keepers of public Wharves shall receive, ship, and put into pro- Goods to be r«- per and good stores, or other safe and dry places, such goods and other J»',^«*' """•*■ ™' articles which are liable to damage by getting wet, at the rates and prices set forch in the Schedules, and also to weigh and gauge, if re- Weighing and quired, the sundry produce of this Island, or any other articles when re- Gauging eeived, lauded, delivered or shipped at their Wharves or put under their care and custody. Penalty on Wharfinger or owner, £5, 7 V., c. 57, s. 4. Every Owner, Wharfinger or person acting by, for or under them, .„?a',"n wnd^'of refusing to deliver goods received (if demanded during the working wbarfege rates 768 WHABVES, PUBLIC, hours) to the persoiiB to whom they stand entered in the books of such Wharf, or their order, the owner or Wharfinger shall forfeit £5 ; Pro- vided payment is tendered for the wharfage and storage at the rates an- nexed, 7 v., c. 57, s. 5. Crnnei and sheas WlSlrfingers shall erect a proper crane for landing, and sheds or frraa^MDosarl'"''' °^^^^ places of eecnritv for preservmg from the inclemency of the wea- ttier, or influence of the sun, all goods and produce landed at, or brought to their Wharves ; and no produce or other articles shall be allowed to remain exposed at the eea beach longer than the necessary time for re- moving them from the Wharf to the shed. Every description of goods or produce shall be placed on skids of the height of 4 inches at least from the ground, or properly secured. Penalty, £5 ; and further liability to an action at law for whatever goods shall be damaged for want of such precaution, or lost and stolen therefrom, 7 V., c 57, s. 6. Every Wharfinger shall, under the penalty of £10, on 31st March, 30th June, 30th September, and 31st December in every year, make a declaration before a Justice not interested in the Wharf, that the accounts entered in his Wharf book from the day of January preceding, are true and just, which declaration shall be subscribed by the Wharf- inger, and acknowledged by the Magistrate taking the same, and entered in the Wharf book on the day it is taken. Books to be de- dared to quarterly . 1 A. B., Wnarflnger of do declare that all the ac- Alphabetleal lists of rates to be exhi- bited Neglect of daty, demanding: higher rqtea than allowed Packages to be removed within 3 months in Kingston or 4 elsewhere or l-4th additional rates paid Lending or using goods on wharves Dyewoods to be weighed, lumber, &c„ measured, placed In separate lots and initialed counts of wharfage, storage, weighin"^, prices, shipping, receival and delivery of all goods, and of all produce of this Island, brought to this Wnarf, and entered in this book, from the day of to this day, are just and true, and entered to the best of my knowledge, pursuant to the directions of an Act enti- tled " An Act to regulate Wharves and the rates of wharfage and storage throughout the Island." Which entries so declared, shall be received and taken as valid evi- dence in all Courts, 7 V., o. 57, s. 7. All Wharfingers shall affix, and constantly keep up in view in some public place, under cover from the weather, at or near the weigh house or place of weighing goods on their wharves, an exact list of the rates of wharfage and storage as appointed by this Act, properly digested in an alphabetical manner. Penalty, £2 ; 7 V,, c. 57, s, 8. Any Wharfinger or person acting for or under him, neglecting or re- fusing to do or perform their duty as before set forth, or asking, de- manding, receiving or taking any greater or larger prices or rates than are mentioned in the Schedules for shipping, receiving, storing, shedding, weighing, skidding, gauging and properly securing the goods delivered at his Wharf shall forfeit £5 ; 7 V., c. 57, s. 9. All packages of dry goods,provisioiis, bottled and all cask liquors (ram ex- cepted) utnded on any wharf, and not taken away by the owner in 3 months in Kingston and 4 months in all other parts of the Island after landing, the Wharfinger may demand and receive for all such goods so lying over for every 3 months, ith of the original wharfage, provided they have been stored or housed and delivered when sent for, and 10 days notice be given to the parties concerned, 7 V., e. 57, s. 10. Wharfingers giving, lending or using, or consenting, or being in any way privy to any person in their employment giving, lending or using any goods landed on their wharves, without the consent of the owners or per- sons entitled, the Wharfinger shall, on conviction before 2 Justices, be liable to a fine not exceeding £20, or imprisonment not exceeding 30 days, with- out prejudice to any other remedy at law the party sufiering such loss may be entitled to, 7 V., c. 57, s. 11. Wharfingers receiving logwood, fustic or other dyewooda, or lumber, staves and shingles, shall weigh the dyewoods, take an account of the mea- surement of Buon lumber, and count such staves or shingles, and place them respectively in separate lots, marking the initials of the names of the parties to whom they belong on each lot. Penalty, on conviction before 2 Jnstiees, pot exceeding £20, or imprisonment not exceeding 30 days, 7 V., c, 57, s. }?. WHAtlVBS, PUBLIC. 709 In case there shall be any goods -which have remained on any public Wharf q^^, unciaimea for 2 years or upwards unclaimed, or in case the consignee or owner refuses for»2 years or up- or neglects to pay to the owner or Wharfinger, or person in possession, or his ""■'''» agent, the usual and legal rates of wharfage, shipping and bonding, they may, by themselves or agents, sell, or cause to be soloby public outcry the same, and the moneys arisingfrom such sales shall be applied by the owner, Wharfinger, or pei'son in possession, or his agents, in d!eftaying the amount due for wharfage, shipping, storing and bonding, and the expenses of ad- vertising the sale as aiter directed, and the usual commissions to the agent, f^tor or auctioneer for selling, and the residue, if any, shall be paid by the owner, &o., to the Beceivei-General, to be kept in the public chest without interest, untU claimed by the person entitled, and on due proof to his satis- facUon, 7 V., c. 57, s 13. If any goods or chattels shipped and landed on any public wharf after this Act, shaU remain ihereon two years unclaimed, and the person to whom they were consigned or belong refuses or neglects to pay to the owner , wharfinger or person in possession of such wharf or his agent, the usual and legal rates for wharfage, shipping, storing and bonding, they may sell and dispose of the same as lastly provided, the monies to be applied in like To bo odroriiica maimer ; but in neither of the events aforesaid, until they have advertized ''eforo «"'» the goods consecutively for at least one calendar month in three of the county papers, giving full and speoi&c particulars and descriptions of the goods, the dates of landing, by what vessel, the port from whence shipped, and the name of the shipper, rf within their knowledge, 7 V., c. 57,s. 14. Any owner. Wharfinger or person in possession, or bis agent, omitlng Snrpiui to bopaid neglecting or refusing, or purposely withholding 14 days after sale, the sur- }? "",' „SS5°''f J , o I *=• . . .9 • ^ 11. -rt • ti 1 LI! ^ _j> -i /•£!-» J. T. General within 14 plus, by not paying it m to the Keceiver-General, shall forfeit toO, to be anys after aaie recovered by action at the suit of the Attorney -General for the use of the Government of this Island, 7 V., c. 57, s. 15. Every Wharfinger or person acting under him shall give notice to any Notice to bo given party having goods at his wharf, should any loss thereof fiom any cause be J" ownow "^«" apprehended of such loss being likely to ensue, and iu the event of such loss °" »PP'«n™iio without such notice having been given, the whai'flnger shall, on summary conviction before two Justices, forfeit not exceeding £10, to be paid to the Treasurer of the parish, which shall not prevent the party suffering such loss seeking his remedy for the value by action or otherwise, 7 v., c. 67. B. 16. Working hours shall "be from sunrise until sunset, except in Kingston, working iiourj where they shall be from 7, a.m., until 4, p.m., 7 V., c. 57, e. 17. All books referred to in section 3, shall be kept by the proprietor. „ . ^ ^ or person in possession "ICs occupier, lessee or tenant, on the premises eerred for 6 years accessible to all parties, iu a proper state of preservation, for six years. Pe- nalty £20, or in default impnsonmieut of 30 days, 7 V., c. 57, s. 18. Penalties not exceeding. £10 shall be recdvered in a summary manner j. before two Justices, who may commit the offender to Gaol in default of pay- pUoouon of Son'iS- ment, not exceeding three months, until the fine be paid ; and all penalties tiu shall be paid to the Churchwardens for the support of the poor, 7 V., c. 57, s. 19i SCHEDULE.— 7 v., o. 57.' Kingston, PorT'Botal, Saint David's, Saint Thomas in the East, Portlanb, Saint Geoeoe'b; Metcalfe; Sunt Catherine's, ^■' '■ * Saint Dorothy's, Verb, Manchester, Clarendon. £. s. d. Bales, bundles, boxes, cases, chests, and trunks, not exceeding eight feet, except as hereinafter specified, per cubit foot ..0 4 J Above eight feet .••■ 3 Boltsofcanvass,oznabursh, and crocus, loose, each .... 3 Cordage, per one hundrea and twelve pounds 7J Mahogany, cedar, and other hard timber, per one thousand feet 12 Nicaragua and cam wood, per ton 10 Logwood, fustic, lignumvitse, ebony) and other dye, and hard- woods, per ton .... ■-.. ....076 American scantling, plank, boards, staves, and heading, per one thousand. .... .•■■ •••■ 9 770 WHAKVBS, PUBLIC. Shingles packed, two shillings ; loose, per one thousand, three shillingB. Oars and handspikes, per dozen Vats and bntts of malt liquor, &c., per one hundred gallons Butts of wine and spirits Pipes of wine, brandy, and gin Hogsheads of sugar Tierces of sugar ---- Barrels of sugar .... .... Puncheons of rum .... --.- Hogsheads of salt, lime, coals, and slates, each Hogsheads of salt fish Hogsheads tobacco, per one hundred and twelve pounds .... Hogsheads of oats', earthen and glassware, and others of a simi- lar description, each Hogsheads of porter, beer, and cider, each Tierces of coffee Funcheonsof hams, &c- Tierces of ginger, pimento, rice, commeal, bottled liqnor, earthen and glassware, &c., each Barrels of flour, and other dr^ provisions, each Barrels of tar, pitch, tm'pentme, wet provisions, sugar, salt, coffee," pimento, or others of a similar description, each ■ ■ . . Drips and pots for sugar refiners, two for Grind stones and tombstones, per one hundred and twelve pounds ■ ■ ■ . Shooka, empty hogsheads, or puncheons, each Wood hoops, per one thousand Ox bows, per dozen .... Hides Bags of all descriptions, per one hundred and twelve pounds Puncheons of temper lime Com, salt, &c., per bushel, one penny halfpenny ; if stored, per bushel, three pence Coach or chariot, mcluding wheels, each Chaise or cart, each . . :. ■ Chairs, tables, jointers, piano-forte, desks, side-boards, &c., per cubit foot n-„-, .... Ploughs, each, and harrows .... .... Hams, cheese, loaf sugar (loose) , each Triangles, each Jack screws, each Chests of tea Crates of eai'then and glassware, one shilling and six pence, three shillings, and four shillings and six pence. Hampers and baskets of cheese and potatoes, per one hundred and twelve pounds Jugs and jars of all descriptions, per gallon .... .... Firkins of butter, beef, tongues, herrings, &c , each Kegs of paint, at the rate ot fifty-six pounds for Kegs of vinegar, peas, gruts, biscuits, currants, &c. each .... Boxes of soap and candlea, per one hundred and twelve pounds Boxes of pickles, British compounds and preserves, from three pence to ■■■■ --"•. --.. Ironware, also pewter, copper, lead, tin and brass of all descrip- tions, per one hundred and twelve pounds Bricks, tiles and slates, per one thousand Paving stones, each .... Drip stones, nine pence to .... .... .... Puncheons and tierces of corn .... Hogsheads of corn ..:. .... .... Chestsofaims ...'. Truss hoops, per sett .... .... .... Smiths' bellows, each .... .... .... .... Butt and pipe staves and heading, per one thousand Spades and shovels, per dozen Horses, mules, asses and homed cattle, each .... .... £ B. d. 1 6 3 6 4 6 3 2 9 2 3 3 a 2 3 1 6 . 2 2 1 6 b 9 H 9 6 6 6 3 9 2 3 I 10 12 6 3 1 3 9 1 6 9 U ii 3 3 9 Q 1 6 6 9 ii 1 6 I 3 2 6 9 3 IS 6 2 3 H 4i 6 1 6 WHAEVBS, PUBLIC. 771 £ a. d. Sheep, hogs and goats, each 4J Bags of coffee, receiving, weighing, tiercing and shipping, four pence half-penny (37 V. 8. 1, c. SI, s. 13) per one hundred and twelve pounds Bags of pimento, per bag of laoibs. (27 V.S.I, c. 21, s. 1) Barrels and half -barrels gunpowder Kegs of gunpowder And all goods, wares and merchandize not herein particularly en- umerated and set forth shall be paid for in proportion to the foregoing rates. Trelawny, Saint James, Hanovek, Westmoeeland, Saint Ann's, Saint Mary's and Saint Elizabeth's. £ s. d. Worms for stills, per one hundred and twelve pounds 7 J Window glass, cheese, cordage (including cables), sheets of lead, lead or pewter pipes in cases or bundles, per one hundred and twelve pounds 006 Boxes of soap and candles, bar iron, sheet iron, tin, iron hoops, gi-apnels, anchors, loose iron work, mill cases, mouth pieces, and plates, grating bars, dampeis, wain lyre, gudgeons, axles, carnage guns (including their carriages), shot, standard weights, pig and bar lead, grindstones, paints (dry and ground in oil), per one hundred and twelve pounds 4J Nails, dry salt-fish and bacon, per one hundred and twelve pounds 003 By Measitre. Every thousand feet of boards, plank, scantling or American lum- ber .... 7 6 Paving stones, per square yard 009 Boxes or cases of flint glass, ironware, earthenware, and all dry goods, in bales, trusses, cases, crates, trunks, boxes, ^c. per cubic foot 3 Coals and slack lime when loose, per bushel IJ Com and salt when loosa, per bushel IJ By Tale. Bricks, tiles, creese and very large slates, per thousand 6 Shingles, when packed, per thousand, three shillings, unpacked 4 6 Staves and puncheon heading, per thousand 7 6 Wood hoops, per thousand, if stored, six shillings ; not stored, three shillings 030 Bottled liquor in casks, cases or hampers, per dozen 2 By the Gallon. Oil and vinegar . 1{ Empty butts, per hundred gallons " 7J Butts, hogsheads, puncheons, and barrels of porter, beer, cider, &c. in bulk, per ton of two hundred and fifty-two gallons 3 Taches, coppers and boilers, per hundred gallons ' 10 Stillswith head, per ditto 016 By Package. Barrels of pitch, tar, turpentine, and rosin, barrels of beef, pork heads, cheeks, and otaer Irish or American cured provisions, also boxes or cases of pipes 006 Barrels of flour, corn, commeal, peas, beans, onions, potatoes, barrels of herrings, or other cured flsh, hampers of onions or potatoes, hogsheads, puncheon, and tierce packs, with head- ing for each 4J Hogsheads, puncheon, and tierce packs or shooks, without head- ing, for each .... 003 Cases of pickles, hampers of tin, earthenware, copperware, or loaf sugar, empty puncheons, and sets of truss hoops, for each 4J Every tierce of rice, one shilling and sixpence, half tierce 9 Triangles, beaufets, or corner cupboards, if small, one shilling and six pence, if large 023 772 ■WHIPPINfl, Chests of tea, one Bhilling, balf chests, for each. ... Cases of chests of medicines, also dining tables, if small, nine pence, iflarge ..■. ..-■ Coaui, chariot, post-chaise, and landan, including the carriage and wheels ■■■■ Fhseton, dittoj •--- .--- ■-,■ Chaise or kittereen, ditto ..-■ ■■■■ .... Barrels and half barrels of gunpowder, for each Kegs of ditto for each .... Hogsheads of corn, peas, and beans ■ ■ ■ ■ .... Tierces and puncheons of ditto .... .... Hogsheads of coals, salt, slates, and slacked lime Tierces of ditto .... .... FonqheoDs of temper lime, also if cased in hogsheads Hogsheads of dry goods, two shillings, puncheons of ditto, one Bhilling and six pence, tierces of ditto, one shilling, barrels of ditto Foncheons of loaf sugar • Fipes of wine, brandy, gin, &c. three shillings, batts Kegs and jugs of pulse, also boxes of tobacco, each Firkins of butter, tallow, lard, tongues, &c Chairs in bundles, every two Kegs and jars of tripe, for every two Loose. Each anvil, and each plough, complete Each piece of oznaburghs, canvass, or crocus Each coopers' jointer, and each roll or bundle of leather Each smiths' bellows, if small, one shilling and six { £ B. d. 6 1 6 19 6 12 9 6 1 pence, if 6 1 6 4 6 3 3 4J 4^ 1 6 3 4J Each dripstone, nine pence, if with a frame 16 Hoes, bills, axes, and oxbows, per dozen 6 Shovels and spades, per dozen 009 Iron pots, large and small, per dozen 10 COLOKIAL FRODDCE. For each hogshead of sugar 023 For each tierce of ditto 016 For each puncheon of rnm ■•-- 020 For each hogshead of ditto 010 For each puncheon or tieree of coffee or cocoa 1 6 For coffee or cocoa in other packages, except bags, per one hun- dred and twelve pounds 003 For each bag of coffee, cocoa, ginger, and pimento 4J For each bag of cotton, one snilUng and six pence ; each pocket ofditto 9 For every one thonsand feet of cedar, mahogany, or other hard- wood .... 9 Foreachton of dyewood, lignumvitae, and ebony 7 6 Lancewood spars, per dozen 010 Sarsaparilla, per one hundred and twelve pounds 1 Tortoiseshell, arrowroot, tamarinds, and indigo, per one hundred dred and twelve pounds 006 For hides, wet, per dozen one shilling ; dry, per ditto .. 6 For castor oil, per gallon ]i And all goods, wares, and merchandize, not herein particularly ' enumerated and set forth, shall be paid for in proportion to the foregoing rates. HeviVfld Whipping-. It shall not be lawful for any Court to [direct that any offender, shall be whipped in any case whatsoever, and the putii^hment of whipping is abolished accordingly, 4 V., c.52, s. 7. It may be inflicted on convictions of obeah and myalism, (see that title) 19 v., c. 30, B. 2. WILLS. Also in some olfencea against Prison dieoipUne under sentence of Visit- ing Juelices confirmed by the Governor, (see title Prisons) 20 V., c. 11, s. 35. The Jndge of any Circuit Court, may, in his discretion, after this Act comes into operation, in lieu of, or in addition to the punishment already authorized by law, sentence any male, convicted before him of any of the illegal acts or offences next described, to be whipped, viz : Every 2nd or subsequent conviction for stealing, destroying, or damag- ing with intent to steal any cultivated plant, root, fruit, or other vegetable production used for the food of man or beast, or for medi- cine, or for distillation or dyeing, or for or in tiie course of any manu- facture, growing in any garden, orchard or provision ground whether enclosed or not, or in any cane, coff'ee or pimento field. Stealing any horse, mare, gelding, or colt, filly, mule or ass, or any ball, cow, ox, heifer or calf, or any ram, ewe, sheep or lamb, pig, or goat, or wilfully killing any of such animals with intent to steal the carcass, akin or any part, or wilfully maming any of the said animals, and for any second or subsequent consequent conviction for stealing any domesticated animal or any animal ordinarily used for human food, or feloniously receiving any such property or animals, knowing them to have been stolen, 28 V., c. 18, s. 2. When awarded, the number of stripes shall be specified in the sentence ; but no sentence under the Act shall direct or authorize more than 25 stripes to be administered to a convict under 16, nor more than 50 stripes to a convict above or of that age, 28 V., c. 18, s. 3. The place of punishment shall be appointed by the Grovemor, 28 V., e. 18, 8. 4. The punishment shall never be inflicted, except in the presence of the Surgeon of the Prison, who is required to attend, or in his absence some other duly qualified Medical Practitioner, who is empowered to interpose after partial execution of the sentence, and to direct the postponement of the remainder until the convict is able to undergo it, 28 V., c. IS, s. 5. There shall be also present at the infliction of every such Whipping, or any part thereof, whenever the punishment is inflicted m the district where the offence was committed, 2 Constables appointed under 27 V. S. 1, c. 30, who shall be summoned by any Visiting Justice of the prison in which the convict is imprisoned from the district or neighbourhood in which the of- fence was committed, 28 V., c. 18, s. 6. The Surgeon or Medical Practitioner present shall within 7 days after every infliction, or any part thereof, furnish a report to the Governor of the condition of the convict, and whether the punishment has been folly or partially and to what extent inflicted, 28 V., c. 18, s. 7. The Governor may under the circumstances of any case direct a further postponement, or altogether remit the remainder of such punishment by or der to the Superintendent or Jailor, who and all others are to be go- verned thereby, 28 V., c. 18, s. 8. Act not to come into operation nntil the Boyal assent has been received and notified in the Jamaica Gazette, 28 V. c. 18, s. 9. 778 Frisou dl&dpUne Otiur CftBCB Kumberofstrlpei Places ofpuniah- ment Faulshment in presence of the Sur- peoD, &c Who may inta- pose 2 of Constabulary force to be present Surgeons report to the GoTeruor Governor may postpone or remit the remainder of the punishment Boyal asaent Wills. The following words which in their ordinary signiflcation have a more interpretaiion confined, or a different meaning, shall in this Act, except where the nature of the provision, or the context exclude such construction, be interpreted as follows: — "Will," shall extend to 'a Testament, a codicil, an appointment wm by Will or by writing in the nature of a Will, in exercise of a power, and aleo to a disposition by Will and Testament, or devise of the custody and tuition of any child, and to any other testamentary disposition. '* Beal bmI estate Estate'' shall extend to messuages, lands, rents, tenements and heredita- ments, whether freehold or of any other tenure, and whether coi-poreal, in- corporeal, or peiBonal ; and to any undivided share thereof, and to any es- tate, right, or interest (other than a chattel interest) therein : " Personal Es- Periautl eatatx tate," shall extend to leasehold estates and other chattels real also, to moneys, shares of Government and other funds, securities for money (not being real estates), debts, chosesin action, rights, credits, goods, and all other property whatsoever which by law devolves upon the executor or admi- nistrator, and to any share or interest therein, 3 V, o. 51, s. 1. 5 A -5 774' -WILLS. Proeerty devl- Every persbn may devise, beqtleath, or dispose of by iiis Will, executed »able as after required, all real and personal estate which he shall be entitled to, either at law or inequity at the time of hie death, and which, if not so de- vised, bequeathed, or disposed of, would devolve upon the heir-at-law of him as if he became entitled by descent of his ancestor or npqn his executor or administrator ; and the power given shall extend to estates pur autre vie, whether there shall or shall not be -any special occupant thereof, and whe- ther the same shsJl be freehold or of any other tenure, and whether a cor- poreal or incorporeal hereditament ; and also, to all contingent executory or other future mterests in any real or personal estate, whether the testator may or may not be ascertained as the person, prone of the persons in whom the same may become vested, and whether he may be entitled thereto under the instrument by which the same were created, or under any disposition thereof by deed or will, and also to all rights of entry for conditions broken^ and other rights of entry; aqd also to such of the same estates, in- terests, and rights respectively, and other real and personal estate aa the testator may be entitled to at the time of his death, notwithstanding he may become entitled: to the same subsequently to the execution of his will, 3 v., c. 51, s. 3. Eatatea pur au- If no disposition by Will is made of any estate pur autre vie of a fi'eehold tre vie nature, the same shall be chargeable in the hands of the heir if it comes to him by reason of special occupancy as assets by descent, as in the case of freehold land in fee simple. K there be no special occupant of any estate pur autre vie, whether freehold or of any other tenure, and whether a cor- poreal or incorporeal hereditament, it shall go to the executor or admi- nistrator of the party that hsld the estate thereof by virtue of the grant ; and if it comes to the executor or administrator, either by reason of a special oc- cupancy or by virtue of this Act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate, 3 V., c. 51, s. 4. Mlnom married No Will made by any person under 21 shall be valid, nor a Will made by women any married woman, except a Will as might have been made by her before this Act, 3 v., c. 51, s. 5. Signature and No Will shall be valid nnless it be in writing and executed as after men- attestation tioned, viz., it shall be signed at the foot or end thereof by the testator, or by some other person in nis presence and by his direction, and such signa- ture shall be made or acknowledged bythe testator in the presence of two or more witnesses present at the same time; and such witnesses shall attest and shall subscribe the Will in the presence of the testator, but no form of attestation shall be necessary, 3 V., c. 51, s. 6. FoBition of Big- Every Will shall, so far only as regards the position of the testator's sig- iHiture nature, or of the person signing for him, be deemed valid if the signature be so placed at or after, or following,: or under or beside or opposite to the end of the Will, that it shall be apparent en the face of the Will that the testator intended to give effect by such his signature to the writing signed as his Will ; and no such Will shall be afffected by the circumstance that the signature shall not follow or be immediately after the foot or end of the Will, or by the oiroumctauce that a blaijk space intervenes between the concluding word of the Will, and the signature, or that it is placed among the words of the testimonium clause, or of the 'clause of attestation, or shall follow or be after or under it, either with or without a blank space inter- vening, or shall follow or be after or under or beside the names or one of the names of the subscribing witnesses, or by the circumstance that the signature shall be on a side or page or other portion of the paper or papers containing the Will, whereon no clause pr paragraph, or disposing TOrtof the Will is written above the signature, or tbat there appears tobe suffiijieiit space, on or at the bottom of the precedingside or page, or other portion of the same paper on which the Will is written, to contain the signature ; and the enumeration of the above circumstances shall not restrict the generality of the enactment, but no signature shaU be operative to give effect to any dis- position or direction which is underneath, or follows, it, nor to any disposi- tion or direction inserted after the signatm'e is made, 25 V., c. 26, s. 1. Effect of AoKon This Act shalU apply to every Will already made, where adminis- wUla already tratiou or probate has not already been granted or ordered by a Court of made competent jurisdiction, in consequence of the defective execution of snch AVilf, or' where the property, not being within the jurisdiction of the Court of Ordinary of this Island, has not been possessed or enjoyed by some person WILLS. 1't^ claiming to be entitled theieto lu consequence of the defective exe- cution, or the right has, not Jjeen decided to be in some other person than those claiming under the Will, by a Court of competent jnrsdiction in con- sequence of its defective execution, 25 V., c. 26, s. 2. The word " Will" shall be interpreted as directed in 3 V., k. 51, u. 1 ; 25 •' Will" v., c. 26, s. 3. The Will's Act amendment^Act, 1861, 25 V., c. 26, s. 4. Short title No appointment made by Will in exercise of anypower shall be valid Appointme n ts QulesB executed in manner before required. Every Will so executed, shall to "Ju in execu- 80 far as respects the execution and attestaion, be a valid execution of a power tio" "' powera of appointment by Will, notwithstanding it is expressly required that a Will made in exercise of such power should be executed with some addi- tional or other form of execution or solemnity. Any soldier in actual -wills ol sol- military service, or any mariner or seaman being at sea may dispose of his diera and seamen peraonal estate as before this Act, 3 V., c. 51, s. 7. Every WUl executed as hereinbefore required shall be valid without any Publication an- other pubUcation, 3 y., c. 51, s. 8. necessary If any person; attesting'the execution,'' be at the time or afterwards in- '*'"°°^^^rfl competent to be admitted a witness to prove the execution, the Will shall not SSompe^t™"^ on that account be invalid, 3 V., c. 51, s. 9. If any person attests the execution of any Will to whom or to whose i„^vlSlflt 'under wife or husband, any beneficial devise, legacy, es);ate, interest, gift or ap- t^^h pointment of or affecting any real or personal estate (other than, and ex- cept charges and directions for the payment of any debts) shall be thereby giveuior made, such devise, &c., shall, so far only as concerns the person attesting, or the wife or husband of such person, or any person claimina under such person or wife or husband, and such person so attesting shall bej admitted a witness to prove the execution of such Will, or its validity or invalidity, notwithstanding such devise, &c., 3 V., o. 51, s. 10. ,^j In case by any Will ,'any real or personal estate is charged with any debt, and any "creditor or the wife or husband of any creditor whose debt _i^'!?"*'" ''"" is so ehargeo attests to the execution, the creditor, notwithstanding such ^ charge, shall be admitted a witness to prove the execution of such Will, or the validity or invalidity thereof, 3 V., o. 51, s. 11. No person shall on account of his being an executor of a Will he incom potent to be admitted a witness to prove the execution, or the validity or in. validity of the Will, 3 V., e. 51 s. 12. Every Will made bv a man or woman, shall be revoked by his or her w f h» marriage, except a Will "made in exercise of a power of appointment when mSri^ the real or personal, estate thereby appointed would not m default of such appointment pass to his or her heir, executor, or administrator, or the per. son entitled as his or her next of kin under the statute of distributions, 3 v., c. 51, s. 13. No Will shall be revoked by any presumption of an intention on the jjot by pro gronnd of an alteration in circumstances, 3 V., c. 51, s. 14. sumption No Will or codicil or any part thereof shall be revoked otherwise than ^how to beef- as aforesaid, or by, another Will or codicil executed as before required, or fected by some writing declaring an intention to revoke the same and executed in the manner a Will is required to be executed, or by the burning, tearing or otherwise, destroying the same by the Testator, or by some person in his presence, and by his direction with the intention of revoking the same, 3 v., c. 51, s. 15. No obliteration, interlineation or other alteration made in any Will Obliterations, after the execution shall be valid or have any effect, except so far as the interlineat ions words or effect of the Will before such alteration shall not be apparent, unless alterations inope« such alteration is executed in the like manner as is requu-ed for the exeon- a^lxeouted* ° ' iton of the Will; bnt the Will with such alterations as part thereof, shall be deemed to be duly executed if the signature of the Testator and the sub- scription of witnesses be made in the margin or on some other part of the ' Wm opposite or near to such alteration, or at the foot or end of, or oppo- site to a memorandum referring to such alteration, and written at the end or some other part of the WiU, 3 V., c. 5J, s. 16, Executors wit. 776 WILLS. will revived ^° ^'** ""^ codicil or any part thereof which ehall be in any only by re-eieou- manner revoked Bhallberevivedotherwise thanby the re-execntion thereof, tion or codicil or by a codicil executed ae before required, and shewing an intention to revive the same ; and when any Will or codicil which shall oe partly revoked and afterwards wholly revoked is revived, the revival shall not extend to so much as was revoked before the revocation of the whole, unless an intention to the contrary is shewn, 3 V.,c. 51, s. 17. Subs e q u e n t "^0 conveyance or other act made or done subsequently to the execution conveyance not of a Will of or relating to any veal or personal estate therein comprised, ex- to affect wm of cept an act by which the Will is revoked as aforesaid, shall prevent the ope- estate™ol'^Meh nation of the Will with respect to such estate or interest in such real or per- teatatoc can dia sonal estate, as the testator shall have power to dispose of by Will at the pose at the time time of his death, 3 V., c. 51 , s. IS. Will t t t Every Will shall be construed with reference to the real and personal efle^as if ««?• estate comprised in it, to speak and take effect as if it had been executed im- outed immediate- mediately before the testator's death, unless a contrary intention appears by ly before death the Will, 3 V., 0. 51, s. 19. Lapsed 'real Unless a contrary intention appears by the Will, such real estate or in- estate to pas' un- terest therein as shall be comprised or intended to be comprised in any de- der residuaiy do- vise therein, which shall fail or be void by reason of the death of the devisea ^^ in the lifetime of the testator, or of the devise being contrary to law, or otherwise incapable of taking effect, shall be included in the residuary de- vise, if any contained in such Will, 3 V., c. 51 , s. 20. When leasehold ■^ devise of the land of the testator, or of the land of the testator in any estate passes with place, or in the occupation of any person mentioned in his Will, or otherwise freehoM under a described in a general manner, and any other general devise which would devise of land a describe a leasenold estate, if the testator had no freehold estate which could be described by it, shall be construed to include the leasehold estates of the testator, or his leasehold estates or any of them, to which the description shall extend as the case may be, as well as freehold estates, unless a contra- ry intent appears by the Will, 3 V., c. 51, s. 21. , ^ A general devise of the real estate of the testator, or of his real es- oommrised inag^ '^'^ ™ *"? pl^ce, or in the occupation of any person menticned in his neial devise of Will, or otherwise described in a general manner, shall be construed to land, include any real estate, or any real estate to which the description ex- tends (as the case liay be) which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention appears by the Will ; and in like man- Bequests of per- ner a bequest of the ueraonal estate or the testator, or any bequest of per- sonal property- sonal property described in a general manner, shall be construed to include desciibed in age any personal estate, or any personal estate to which the description ex- neral manner. tends (as the .case may be) which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention appear by the Will, 3 V., o. 51, s. 22. Devise of real Where any real estate is devised to any person without words of li- estate, without mication, the devise shall be construed to pass the fee simple, or otber the words of limita- -whole estate or interest which the testator had jower to dispose of by Hon, VfiM in such real estate, unless a contrary intention appear by the Will, 3 v., c. 51, 8, 23. i Restrictive im- In any devise or bequest of real or personal estate, the words " die portof "diewith- without issue'' or " die without leaving issue," or " have no issue," or out issue" So. any other words which may import either a want or failure of issue of any person in his lifetime, or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime, or at the time of the death of such person, and not an in- definite failure of his issue, unless a contrary intention appear by the Will, by reason of such person having a prior estate tail, or of a pre- ceding gift being without any implication arising from such words a limitation of an estate to such person or issue or otherwise. But not to ex- tend to cases where such words import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain the ., age, or otherwise answer the description required for obtaining a vested „ . ., .estate by a preceding gift to such issue, 3 v., c. 51, s. 24. De-vise of Ireal „„ ■" ^ f " , ■ , , . estate to a trus- Where any real estate (other than or not bemg a presentation to a toe or executor to Church) is devised to any trnsteee or executor, such devise shall be con- eSpt lc°™ strued to pass fhe fee simple, or other the whole estate or interest the WITNESSES, &C., EXPENSES, CEIMINAL PROSECUTIONS.- 77.'7 testator had power to dispose of by WilUn such real estate, unless a defi- nite term of years, absolute or determinable, or an estate of freehold, shall thereby be given to bim expressly or by implication, 3 V., c. 51, s. 25. Where any real estate is devised to 'a trustee "Without any express limi- tation of the estate to be taken by him, and the beneficial interest in such real estate or in the surplus rents and profits is not given to any person for life, or such beneficial interest is. given to any person for life, out the pur- poses of the trust may continue beyond his life, me deyise shall be construed to vest in such trustee the fee simple or 6therthe Whole legal estate the testator had power to dispose of by Will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied, 3 V., c. 51, B. 26. Where any person to whom any real estate is devised for an estate tail, Devise of esUte or an estate in c[nasi entail, dies in the lifetime of the testator leaving isSue ta^l where thSdfe- who would be inheritable under such entail, and any such issue shall be liv- J^tjtort Uf etimS ing at the time of the death of the testator, such devise shall not lapse but leaTing iaiue. shall take eifect as if the death of such person had happened immediately after the death of the testator, unless a contraryintention appears by the Will, 3 v., c. 51,6.27. Where any person being a child of the testator; to whom any real or -per- Devfae or be- sonal estate is devised or bequeathed for any estate or interest not determi- quest to a child nable at or before the death of such person, shall die in the lifetime of the «' *^? testator, testator leaving issue, and any such issue shall be living at the time of the SaeU^g^afSI testator's death, such devise or bequest shall not lapse but shall take effect testator's death, aaif the death of such person had happened immediately after the death of the testator, unless a contrary intention appears by"the Will, 3 V., c. 41, B. 28. This Act shall not extend to any Will made before 1st January, 1841- Act not appli- Every Will re-executed, re-published, or revived by any codicil shall, for cable to W ills the purposes of this Act, be deemed to have been made at the time of its re- S??^ ^Sm"'^' execution, &c., nor shall this Act extend to any estate pur axitre vie of pubiished or re- persons dying before 1st January, 1841, 3V., c. 51,s. 29, ylved. Witnesses, &c., Expenses, Criminal Prosecutions. The Court before which any person is prosecuted, indicted, or tried for p ro a e outer's any felony or aggravated misdemeanor, may, when it sees proper and at the costs request of the prosecutor, order payment to him of the costs and expenses he may incur in the prosecution, together -with any expense he may incur in attending any trial, 20 V., c. 13, s. 2. As also, if it sees proper, and at the request of any person who has ap- Costs of wit- peared before any Grand Ju^, or at any trial on recognizance or subpoena neaseBwho^peai to give evidence before any Grand Jury, or at the trial of any such felony ^^^ *™ ^t^ or aggravated misdemeanor, or as an interpreter of foreign languages (where trial,' and reoog- his services are deemed necessary), may order payment to such person of nizauce or sub such sums as shall seem reasonable to re-imburse him the expenses he has 5°!??^°' Inter- incurred in attending before the Grand Jury, or at such trial as such wit- P™'«"- ness or interpreter, 20 V., c. 13, s. 3. The order for payment to any prosecutor or other person shall be forth- Order for pay- withmade out and dravm on the Eeceiver-General, and delivered by the ment. Clerk of the Court to such prosecutor or other person, on being paid for the same 3s. 4d. {2s. stg.) for the prosecutor, and Is. 8d. (Is. stg.l for each other person, which the Eeceiver-General shall, upon sight, forthwith pay to the person named therein, or to any one authonzed to receive the same on his behalf, 1 V., c,28, s. 19. When on any trial for felony or aggravated misdemeanor, any per- Bewards to pet- son appears to the Court to have been active in or towards the appre- sons active to the hension of any person charged with any of such offences, the Court may »?S "Charged order the Eeceiver-General to pay to such person such sum as to the ^th offences. Court shall seem reasonable under all the circumstances of the case, which he is to pay on sight to the person named therein, or to any one authorized by him, 1 V., c. 28, s. 20. In case of felony or aggravated misdemeanor, the Executive Com- costs of keep- mittee may direct payment by the Eeceiver-General of any sum which ing witnesses in to them may appear reasonable for keeping in this Island from going the Mand.brij^- abroad any person who appears to \)e a material witness, o? }S bound gfm other pi^ 778 WEITTBN ACKNOWLEDGMENTS, &0. rishea whoso de- lo**'' recognizance as such to give evidence, or for the necessary travel- positionB are re- ling and maintenance expenses of any material witness whose deposition q.u i r e d to be it may be proper to take in the presence of any accused person, but who takmin presifo? may reside in some other parish than where the accused is j or for remu- for m^g an™ neration to any person who shall make any analysis required in any pro- lyees Becution for felony or otherwise, 80 V., «. 13, 8. 4, Written Acknowledg'ments, Ac- Ac knowiedg- In actions of debt, or on the case, grounded upon any simple contract, mt^c* tt^tatSe ^'' acknowledgment or promise by words only, shall be deemed sufficient of Umitations, evidence of a new or continuing contract, whereby to take any case out of must be in wri- the operation of the Statute of Limitations, 21 Jas. 1, o. 16, or to deprive Jng, and mgned any party of the benefit thereof, unless it is made or contained by or in some he chmged * writing to be signed by the party chargeable. Where there are 2 or more joint Joint contract contractors, executors or administrators of a contractor, none shall lose the ors, &c. benefit of the enactment so as to be chargeable by reason only of any written Part payment, acknowledgment or promise made and signed by any others. Not to alter or to take away, or lessen the effect of any payment of any principal or interest made Aotiona against by any person whatever. In actions against 2 or more joint contractors or jmnt contractors, executors, or administrators, if it appears at the trial or otherwise that the biS, °ami oto- plainliif though barred as to one or more, is, nevertheless, entitled to recover ere bound by ac against any other of the defendants by virtue of a new acknowledgment, knowledgment. or promise or otherwise, judgment may be given and costs allowed for the Slamtiff, as to the defendants from whom he recovers, and for the other efendants against the plaintiff, 9 G. 4, c. 20, s. 1. Endorsement of No endorsement or memorandum of any payment written or made upon part payment, ^ny promissory note, bill of exchange, or other writing by or on behalf of the party to wnom such payment is made, shall be deemed sufficient proof of such payment, to take the case out of the operation of the Statute of Limit- ations, 9 G. 4, c. 20, s. 3. Bet off. The recited Act (21 Jas. 1 c. 16) and this Act shall apply to the case of any debt or simple contract alleged by way of setoff on the part of any defendant either by plea, notice, or otherwise, 9 G. 4, c. 20, s. 4. Ratification of ^g action shall be maintained whereby to charge any person upon any dSring'tafanmr* promise made after full age to pay any debt contracted during infancy, or upon any ratification after full age of any promise or simple contract made during infancy, unless the promise or ratification is made Ly some writing, signed by the party to be charged therewith, 9 G. 4. c. 20, s. 5. Repres enta- Nor whereby to charge any person upon or by reason of any represen- tioDB respecting tation or assurance made or given concerning or relating to the character, others, to oc^ble conduct, credit, ability, trade or dealings of any other person, to the intent 'weUt &o. *"" or purpose tlidt he may obtain credit, money or goods upon, unless such re- ' ■ presentation or assurance be made in writmg, signed ny the party to be charged therewith, 9 G. 4, c. 20, s. 6. Stamps, No memorandum or other writing made necessary by this Act shall be deemed an agreement within the meaning of the Stamp Acts, 9 G. 4, c 20, B,7. .A.IDIDEISr3D-A-. FREE SCHOOLS, TITCHPIELD. Page 209, after 19 V.,c. 49, s. 1. lOive of whom to be a quorum to do busiuees, 26 Gr. 3, c. 7, a. 1. JAMAICA RAILWAY COMPANY. Page 309, after 7 V., c. 25. And Branches, 9 V., c. 30. INDEX. IISTDEX. ABATEMENT, PLEAS IN. Page 1 9 G. 4, c. 20, s. 2 ; 8 v., c. 28, a. 2-5. See Amendment, 27 V., S. 1, o. 14. Court, Supreme Pleadings, 28 V., c. 37, s, 9. Indictment, 16 V., o. 15, s. 7. ABDUCTION OF FEMALES. See Offences against the Person, 27 V., S. 1, c. 32, B. 44—47. ABANDONMENT OF CHILDREN. See Offences against the Person, 37 V., S. 1, c. 32, 8. 24. ABORTION, PEOCUEING, &c. See Offences against the Person, 27 V., S. I, c. 32, B. 49, 50. ABUSING GIRLS UNDER 9 AND 11. See Offences against the Person, 27 V., S. l,c. 32,s.ll— 43, 54. ACCESSORIES. Page 1 13 v., c. 7, s. 1, 2 ; 16 v., c. 15, d. 15. See Evidence, 20V., c. 19,s.6. Forgery, 4 v., c. 4b, B. 11. Justices' Convic- tions, 13 v., c. 35, s. 5. Larceny, 27V., S. 1, c. 33, s 82, 83. Malicious Injuries, 27 v., S 1, c. 34, s. 45-52. Offences against the Person, 27 V., S. 1, c 32, B. 8, 56. Stamps, 28 V., c. 9, s. 56. ACCOUNTS PRODUCE & ACCOUNTS OTRRENT. Page 2 13 G. 2, c. 9, s. 1-4 ; 24 G. 2, e. 19, ». 7 ; 25 G. 3, c. 10, s. 3 ; 33 G. 3, c. 21. ACCOUNT, ACTION OF. Page 2. 17 G. 3, o. 13. ACTIONS, PARTAKING OF BREACH OP CONTRACT AND WRONG. See Court Supreme Pleadings, 28 V., c. 37, B. 21. ADHESIVE STAMPS. See Stamps, 28 V., u. 9, ». 3, 4, 33-35, 37, 40, 56, 58. ADJOURNMENTS. See Appeal, 21 V., c. 22, s. 32. Justices, 21 v., c. 9, s. 8 ; 13 v., c. 24, s. 6, 7 ; 13V.,c. 35, s. 1,3, 16. ADJUDICATIONS, &c. BT SINGLE JUSTICE. See JnstieeB, 21 V., c. 9, s, 6, 7, 8 ; Petty Debts, 19 v., c. 37, B. 16. ADMINISTRATIONS, PETTY. Page 2 27 V., S. 1, C.16, s. 1-7, 10-14. ADMIRAL'S PENN. Page 5 22 v., c. 27. AD VALOREM DUTIES. See Customs, 20 V., c. 5, s. 3 i 28 V., c. 10, s. 7 ; 20 v., c. 5, s. 5, 9, 18-20. Import Duties, 28 v., c. 10, s. 5, 6. ADVERTISEMENTS, PUBLIC, &c. See Jamaica Gazette. ADVERTISEMENTS OF STOLEN PRO- PERTY. See Larceny, 27 V., S. 1, u, 33, o. 86. AFFIRMATIONS. See Oaths. AGENTS, FRAUDS BY. See Larceny, 27 V., S. 1, i-. 33, a. 60-C-l, 70, 71. AGRICULTURAL SOCIETY. See United Royal Agricultural Socie- ty, &c. ALIENS. Page 5 35 C. 2, 0. 3, s. 1, 2; 9 6. 4, v;. 23, a. 2, 3 ; 19 v., c. 20 ; 14 v., c. 40. See Immigrants, 22 V., c. 1, s. 32 ; 22 V., c. 4, s. 7 ; Juries, 19 V., c. 23, s. 21 ; Mortgages, 13 G. 3, c. 16. ANIMALS USING WITHOUT OWNER'S CONSENT. See Cruelty to Animals, 25 V., f, ^S,s. 4 Gb 784 INDEX. AMENDMENTS. 27 V., S. 1, c. 14, B. 1— 11; 33C.2,c.23, s. 5. See Appeals, 21 V., o. 22, s. 26-28. Court Supreme PleadingB, 28 V., c. 37 , ' 8.4,34. Indictments, 16 v., o.'15, s.l- 3, 26; Justices, 13 vV., c. 24^ e. 5-7; 13 v., 0. 35, s. 1, 3, 9 ; Variances, &c. ANIMALS IN CONFINEMENT. See Larceny, 27 V., S. 1 , c. 33, s. 11, 12, Malicious Injuries, 27 V., S. 1, c. 34, 8.32. APPAEITOE. See Clergy, 19 V., c. 6, s.3. APPEALS. Page 8 19 v., c. 10, 8. 19 ; 21 v., c. 22, 8. 1-56, 58, 59,; 27 V., S.l, c. 15. See Circuit Courts, 28 V., c. 33, 8. 4. Highways, 25 V., o. 18, s. 36-39. Com- Eauies Winding up, 28 V., c. 42, s. 42. laroeny, 27 V., S. 1, c. 33, 8. 94, 95. Main Koads, 21 V., c. 32, s. 28. Mali- cious Injuries, 27 V., S. 1, c. 34, s. 57, 58. Militia Volunteers, 28 V., c. 38, 8. 57. APPEALS PROM INDICTMENTS. See Indictment, 19 V., c. 10, h. 43. APPREHENSIONS WITHOUT WAR- RANT. See Constables, Special, 27 V., S. 1. c. 30, 8. 26. Cruelty to Animals, 25 V., c. 10, B. 2. Customs, 17 V., o. 2, 8. 38. Ga- ming, 18 v., c. 46, s. 3-5. Hawkers, 4 Vr, 0. 11, s. 9. Highways, 25 V., c. 18, 8.91. Immigrants, 22 V., c. I, B. 43. Jamaica Railway Company, 7 v., c. 2.5, s. 115, 116. Larceny, 27 V., S. 1, c 33, s. 87, 88. Main Roads, 21 V., 0. 32, B. 61 ; 25 v., c. 12, 8. 14-28. Malicious Injuries, 27 V., S. J , c. 34, s. 46-50. Offences against the Person, 27 v., S. 1, c. 32, s. 55. Pawnbrokers, 11 v., c. 36, 8. 7. Quarantine, 4 V., c. 32, 8. 11. Rogues and Vagabonds, 3 v., c. 18, s. 4. Rum and Spirit Du- ties, 12 v., c. 13, s. 38. Ditto Licenses, 25 V.,c. 4, s. 4. Towns and Commu- nities, 7 v., c. 14, s. 2, 9, 15-19. Tres- passes, 14 V., c. 46, 8. 3. APPRENTICESHIP OP MINORS. Page 15 4 v., u. 30, s. 1-11, 13 ; 5 V., 35, o. 2. APPRENTICES, PARISH. 7 G. 4, c. 26, s. 8-20. Page 16 APPRENTICES.— PERSONS UNDER 16 CONVICTED OP CERTAIN LAR- CENIES. Page 19 ?8 V. 0. 19, s. 1-3. APPEENTICESHIIP PROM INDUS- TRIAL SCHOOLS. See Industrial Schools, 25 V., c. 2. APPRENTICES. See Harbours, 23 V., c. 5, s. 8. Public Hospital, '26 V., S. J, c. 4, s. 28. APPRENTICES, BEATING, &c. See Criminal Punishment, 1 V., c. 28, B. 4. AQUEDUCTS. See Malicious Injuries, 27 V., S. 1, c. 34, 8.26. ARBITRATION. Page 19 8 v., u. 28, o. 17-19; 20 V., «. 19, o. 11. ARMS AND AMMUNITION. Page 20 11 v., c. 4 ; 26 v., S. 1, o, 1, 8. 1 ; 25 V., c. 23; 26 v., S. 1,0.1,8.2. ARRESTS. 20 33 C. 2, c. 23, s. 10; 26 G. 2, o. 2; 8 V. 0. 48, 8. 1, 2; 21V., c. 13, s. 1-13, 15, 51 G. 3, c. 28 ; 25 G. 3, c. 9. s. 1, See Companies Winding up, 28 V., c. 42, 8. 39. Initials, &c., 8V., c.28, s. 6. Martial Law, 11 v., c. 7, a. 1. ARRESTING CLERGYMEN OR MINIS- TERS. See Offences against the Person, 27 V., S. 1,0.32,8.29. ARSENIC, SALES OP. Page 23 15 v., c, 7. ARSON. See Malicious Injurie8^7 V., S. 1, c. 3, 4, 8. 1-8. ASSAULTS. See Constables, Special, 27 V., S. 1, c. 36, , 8. 32. Criminal Punishment IV., c. 28, B. 4 , 16V. c. 15, 8. 29. Customs, 17 V., c. 2, 8. 23. Indictments 16 V., c. 15, 8. 12. Laroeny, 27 V., S.l, c. 33, 8. 26-28. Offences against the Person, 27 v., S. 1, c. 32, s. 28-38 43, 61 62. Pet -i ty Debts, 19 V., c. 37, s. 50. t' ASSAULTS OCCASIONING BODILY HARM. See Offences against the Person, 27 V., ' S. 1, c. 32, 8. 38. INDEX ASSEMBLY. 'Page 25 33 C. 2, c. 1 ; 5 W. & M., c. 3, s. 1 ; 20, G. 3, c. 3 ; 31 G. 3, 0. 4 ; 9 G. 4, o. 6 ; 41, G. 3, 0. 18; 536. 3, c. 9 ; 4 V., c. 19 ; 17 v., 0. 29, s. 17, 1, 23, 34, 47 ; 16 V., 0.43, a. 4-6 ; 21 V., c. 1, e. 17 ; 21 V., c. 4, s. 19 ; 28 v., c. 21, s. 10 ; 22 V., c. 5, 8. 1-22 ; 24 v., c, 8 ; 22 V., c. 5, s. 24-34, 36 ; 22 V., c. 18, a. 1-4 ; 28 V., c. 2, s. 1-3 ; 22 v., o. 18, s. 5-9 ; 28 V., c. 2, s. 1, 4 ; 22 Ai., c. 18, s. 10-16 ; 27 V., S. 1, 0. 9 ; 21 v., c. 18, a. 17-33 ; 17 V., c. 29, Soh. A ; 21 V., c. 17 ; 26 V., S. 2, c. 12. See Aliens, 9 G. 4, c. 23, a. 3 ; 14 V., o. 40, s. 3. Collectora of Dues, 25 V., c. 28 ; 28 v., c. 28. s. 50. Private Bills and Petitions. Public Officers' Sureties, 2 W. 4, c. 31. ASSESSMENTS OP DAMAGES ON DE- FAULT ACTIONS. See Court Supreme, 19 V., u. 10, b. 35. ASSIGNMENTS. See Bonds, 14 G. 3, c. 28, a. 2-5. Judg- ments, 14 G. 3, c. 28, a. 6 i 20 V., c. 22, s. 23-24. Petty Debts, 23 V., c, 35, e. 7. ASSIGNMENTS, &c. OF 13KEAC11K.S. See Court Supreme c. 37, s. 37. adiuf. V. ASSIGNMENTS OF LAND. See Deeds, S V., c. 19, s. '-'. ATTAINDER. Page 41 27 v., S. 1, c. ■«, s. 63. See Inheritance, 3 V., c. 3 J, s. 10, ATTACHMENT. See Assembly, 31 G. 3, c '= ; 9 G. 4, c. 6, Court of Chancery, 10 Ann, c. 4, B. 24. Court of Ordinary, 6 V., o. 55, a. 2. ATTEMPTS TO COMMIT OFFENCES, See Indictment, 16 V., c. 15, s. 'Jli, Offences against the Person, 27 V, S. 1, c. 32, a. 9-13 ATTORNEY GENERAL. Page 29, Sch. 10 Ann, c. 4, =.25; 17 V. 26 v., S. 1, c. 6. See Pines, &c., 1 G. 3, c. 13, s. 1 ; 20 * v., c. 22, B. 30 ; 1 G. 3, c. 13, a. 7 ; 19 v., c. 31, 6. 14 ; 1 G. 3, c, 13, s. 8-10. Land Tax,&c., 21 V,, c. 34, s. 27,28, 31. 785 ATTORNEYS AT LAW. Page 47 33 C. 2, c. 23, e. 4 ; 24 G. 2, c. 16, s. 1-2 ; 4 G. 3, 0. 8, a. 4 i 14 G. 3, o. 3, s. 1-5, 7, 9 : 19 v., c. 10, 8. 27 ; 13 V., o. 24, s. 10 , 13 v., c, 35, s. 12; 20 V., S.l,c.32,B.48. BILLIARD TABLES. Page 47 39 G. 3, c. 7, o. 5-9, 12, 13. BILLS OP ENTRY. See Customs, 17 V., c. 2, s. 15—17 ; 23 V. c. 10, 8. 2, 17 v., c. 33, 8. 17. BILLS OP EXCHANGE AND PROMIS- SORY NOTES. Page 47. 12 G. 2, c. 3, s. 2 ; 15 G. 3, o. 21 ; 28 G. 2, 0. 2, B. 1 ; 14 G. 3, c. 28, a. 13, 2; 43 G. 3, c. 29, 7 v., c. 52. See Obligations 20 years Dormant, 29 G, < 3, c. 13, 8. 4. Initials and Contractions, 8 v., c. 28, 8. 6. Stamps, 28 V., c. 9, s. 26, 27, 30, 33, 39 BILLS OP LADING. See Stamps, 28 V., c. 9, s. 26—30, 33. BILL OF SIGHT, ENTRY BY. See Customs, 17 V., o. 2, s. 15. BISHOP OP JAMAICA. See Clergy. BISHOP SUPPRAGAN. SeeClergy, 22V.,o. 9, s. 37. BONDED WAREHOUSES. See Customs, 17 V., o. 2, s. 1, 20 V., o. 5, 8, 7 ; 27 v., S. 1, c. 11, 17 V., c. 2, 8. 2 —14 ; 17 v., c. 33, s. 30, 23 V., c. 10, s. 1 ; 20 v., 0. 5, s. 15. BLASPHEMY. 33 C. 2. c. 5, 8. 2. Page 48 Page 48 BOARD OP WORKS, 21V., o; 3,27 v., S. 1,0. 23. See Executive Committee, 17 V., c. 29, s. 22. Prisons, 18 V., c. 23, s. 4. Tram- oad, Kin||ton, 27 V., S. 1, c. 12, s. 7-8, BONDS. Page 50 14 G. 3, c. 28, s. 2—5, 12. See Obligations 20 years Dormant, 29 6. 3, c. 13, B. 4. BOTANIC GARDEN, BATH. Page 50 19 G. 3, c. 17. BOUNDARIES DISPUTED. Page 51 2 Ann, o. 7, b. 4 ; 4 G. 2, c. 4, s. 2 ; 14 G. 3, c. 5, B. 2;35G3,c. 24. BOUNDARIES OP PARISHES, &.c. See Indictments, 5 V., c. 29 BOUYS, PILES, &c. See Malicious Injuries, 27 V. , S. 1, c. 34, s. 39. BREACHES OF TRUST & FRAUD. See Larceny, &c., 27 V., S. 1, v. 33, s. 60—71. BREACHES OP TRUST IN DISPOSAL OP GOODS, &c. See Servants, 5 V., «. 43, s. 13. BRIBERY OF ELECTORS. See Aesembly, 22 V., c. 5, ». 30, 31. BRIBES. See Customs, 17 V., c. 2, s. 21 ; 17 V., t 33,s.l3. BRIDGES. See Malicious Iniuries, 27 V., S. 1, o. 34, e. 4, 26. BRITISH REGISTER. See Evidence, 20 V., o. 19, s. 7. BROAD SEAL Page 51 33 C. 2, c. 16 ; 19 v., c. 29, s. 1 ; 21 V., o. 14, s. 3, 6 ; 10 Ann, c. 4, b. 20. BROKERS. See Larceny, 27 V., S. 1, c. 33, s. 60, 61. BUILDING AND REPAIRING LEASES. See Leasee, 28 V., c. 44. • BUILDINGS, INJURIES TO See Malicious Injuries, 27 V., S. 1, o. 34, B. 1—13. Riots, 21 v., c. 11, 8. 6, 7. iNDfii. 787 BUILDING SOCIETIES. 28 v., c. 17. BURGLARY AND HOUSE BREAKING. See Larceny, 27 V., S. 1. c. 33, s. 36—46. BURIAL GROUNDS. See Clergy, 5 V c. 25, 8. 2 ; s. 4; 22 v., 0.23,8.11. 19 v., c. 35, BURIALS. See Clergy, 22 V., o. 23, b. 25. CARNAL KNOWLEDGE, ATTEMPTS See Criminal Punishment, 16 V., c. 15, 8. 29. CASE TO BE STATED BY JUSTICES. See Appeals, 21 V., c 22, s. 42-53. CATCHING ANIMALS. See Cruelty to Animals, 25 V., u. 10, 8. 4. CATTLE. See Cruelty to Animals. Customs, 20 V., c, 5, s. 23-26. Horses, &c., Larceny, 27 v., S. 1, c. 33, s. 9, 10. Malicious Injuries, 27 V., S. 1, c. 34, s. 31. CAUSE PETITIONS. See Couit ot Chancery, 15 V., c, 16. CAYMAN ISLANDS. Page 56 25 V., c, 25. See Customs, 20 V., c. 5, d. 14. CERTIORARI. See Appeal, 21 V'., c. 22, s. 57. Supreme, 3 V., c. 65, s. 23. meuts, 5 V., o. 48, s. 1-2. Court, Indict- CERTIFICATES OF CONVICTIONS, INDICTMENTS, &c. See Evidence, 9 G. 4, c. 13, s. 7 ; IV., c. 28, 8. 14, 17 ; 16 V., c. 13, 8 23 ; 20 v., c. 19, s. 8-9. CHALLENGES. See Juries, 19 V., c. 23, s. 17, 18. CHANCERY DEPOSITS. Page 57 4 G. 4, c. 21, 8.2; 21 v., 0. 4, s. 5 i 17 V., c. 29, 8. 50 ; 18 v., c. 33, s. 1, 2; 19 V., c. 5, 8. 1, 3 ; 18 v., c. 33, 8. 3—5, 8, 9 ; 19 • v., 0. 5, 8. 2, 3, 5, 6. CHANCERY FUND ACCOUNT. See Court of Chancery, 27 V., S. 2, o. 3, e. 1,2. CHARACTERS OV SERVANTS. See Servants, 3 V., c. 48. CHARITABLE GRANTS. Page 58 33 C. 2, c. 15. See Possessory Title, &c., 4 G. 2, o. 4, 8. 1. CHARITIES, PERPETUAL ANNUITIES Page 58 28 v., c. 23. CHEATS AND FRAUDS AT COMMON LAW. See Criminal Punishment, 16 V. c. 15, CHILD STEALING. See Offences against the Person, 27 V., S. 1, c. 32, 8. 47. CHURCHES AND CHAPELS. See Clergy, 5 V., c. 25, s. 2; 19 V., c. 35, s. 4; 22 v., c. 23, s. 4-n. Larceny, 27 v.. S. 1, c. 33, s. 35, 42, 43. Mali- cious Injuries, &c., 27 V., S. 1, c. 34, 8. 1, 11, 12. Riots, 21 v., c. 11, 8. 6, 7. CHLOROFORM, ADIMNISTERING, &o. See Offences against the Person, 27 V., S. 1, c. 32, 8. 20. CHOKING, &c. See Offences against the Person, 27 V., S.l,c. 32,8.19. 8. 33. Ves- CHURCHWARDENS. See Clergy, 2C V., c. tries. CIRCUIT COURTS |Page 59 19 V., c. 10, 8. 11, 12; 28 V., c. 34, s. 2; 28 V., c. 33, s. 6; 19 V., c. 10, s. 14; 28 v., 0. 33, 8. 1, 3 ; 19 V., c. 10, s. 17 ; 28 v., c. 34, 8. 1-5 ; 19 V., o. 10, s. 22, 18, 19, 21, 23, 26 ; 22 V., c. 39, s. 3 ; 19 v., c. 16, s. 27, 28 ; 28 V., c. 33, s. 7 ; 19 v., c. 10, 3. 29, 30, 31, 33, 34 ; 20 V.,c. 22, 8.18; 19 V. c. 10, 8. 45, 48; 19 v., 0. 31, s. 3 ; 28 v.. c. 33, e. 4, 5. See Assembly, 22 V., c. 18, s. 18, 20-27. Court Supreme, 44 G. 3, c. 22, s. 1 ; 3 V-. c. 65, s. 21. Court of Ordinaiy, 18 v., c. 34. Fines, &c., 21 V., c. 23, s. 1, 6-10. Friendly Societies, 6 V., c 27, 8. 5. Justices, Indictable Offences 13 v.. c. 24,8. 2. Prisons, 20 V., c. 11, 8. 28. Riots, 21 v., c. 11, 8. 12. Sav- ings' Banks, 7 W. 4, c. 14, s, 1,3, 9. • CIVIL LIST. See Permanent Revenue, 788 INDEX. CIVIL PEOCEDUEE. See Amendments. CLAIMS FOE GOODS SEIZED. See Customs, 17 V., c. 2, b. 24-28. CLEEGY. Page 64 7jV.,o. 61,8.3; 5 v., c. 25, B. 2; 19 V,. c. 35, s. 4 ; 19 v., o. 6, a. 1, 3, 4 ; 25 V., c. 36, B. 2-4 ; 22 v., o. 9, b. 1-11 ; 28 V., 0. 43, B. 2-; 22 v., c. 9, s. 12-28; 23 V., 0. 9, s. 2 ; 22 v., c. 9, b. 29 ; 23 V., c. 9, s. 1 ; 28 v., 0. 43, s. 3 ; 22 V., c. 9, ' s. 30-41 ;I22 V., o. 23, b. 1-13 ; 28 V., c. 43, s. 1 ; 22 v., c. 23, s. 15-58 ; 25 V., c. 21, s. 2, 3 ; 22 V., c. 23, a. 59 64, 66-68. See Forgery, 4 V., c. 46, s. 8-10 ; 21 V., c. 14, s. 3. CLEEK OF THE COMMON COUNCIL, KINGSTON. See Kingston Corporation. Vestries. CLEEKS, PARISH. See Clergy, 22 V., c. 23, s, 35, 36. CLEEKS OF THE PEACE ANfi MAGIS- TEATES. Page 80 3 v., c. 65, s. 46 ; 19 V., d. 10, s. 32 ; 23 V., c. 18, s. 1-8, 10-13. See Administrations, Petty, 27 V., S. 1, c. 16. Appeals, 21 V., c. 22 ; 27 V., S. 1, 0. 15. Apprentices, Pariah, 7 G. 4, e. 26, s. 16-20. Billiard Tables, 39 G 3, c. 7, 8. 6, 8, 9. Circuit Courts, 25 V., c.33,s. 3; 19 v., c. 10, s. 28-31 ; 28 V., c. 33, 8. 7 ; 20 v., c. 22, a. 18 ; 19 V., c. 10, a. 48. Clergy, 22 V., c. 9, s. 21. Collectors of Dues, 27 V , S. 1, c. 31, s. 5. Constabulary Force, 27 V., S. 1, c. 30, s. 3, 9, 12, 14, 15. Consta- bles, Special, 4 W. 4., c. .29, s. 2, 3 Eiectments, &.O., 25 V, c. 46, s. 1- 5, 14. Pines, &, 21 V., c. 23, s. 1-4, 8, 10-12. Friendly Societies, fiV., c.27, s. 3, 8, 11, 12. Gunpowder, &o., 19 V., c. 14, a. 2-6, 9-13. Hackney Car- riages, 10 v., c. 29, B. 2; 19. High- ways, 25 v., c. 18, s. 6, 12, 23, ^, 28, 39, 41, 43. HolidnyB, 8 V., c. 30. Immigrants, 22 V., c. 1, a. 54, 58. Juriea, 19 V.. c. 23, s. 6, JustioeB, Indictable Offences, 13 V., c. 24, s. 14. Convictions, 13 V., c. 35, s. 13 ; 18 v., c. 57, s. 4-10. License, &c. Duties, 28 V., c. 28, b. 2, 16, 19, 20,22-24, 29,31-33,-37,41, 44. Lum- ber Measurers, 9 v., o. 20, s. 2. Mpin Eoads, 21 v., c. 32, s. 11, 14, 16. 18,21. Medical Practitioners, 13 V., c. 21, a. 2, 19 v., c. 32, s. 4, 5, 13. MiUtia Vo- lunteers, 28 v., 0. 39, s. 19, 65, 66. Petty Debts, 19 V., c. 37, a. 13 ; 23 V., 0. 35, s. 1 ; 19 v., c. 37, s. 31-33, 35, 38 j 23 v., c. 35, s. 5, 7. Pilots, 19 V., c, 15, b. 9-14, 16, 17, 27, 36. Bum Duties, Collection, 22 V., c. 13, s. 59, 61. Licenses, 23 V., S. 1, c. 4, s. 8, 10- 11 ; 28 v., e. 25, s. 2, 3 ; 23 V., S. 1, c. 4, s. 14-17, 24. Savings' Banks, 7 W. 4, c. 14, s. 2'4, 6. Vestries, &o., 27 v., S. 1, c. 7, B. 49. Weights and Measures, 6 V., c. 28, s. lO-lSl, 17-18. CLEEK OF THE SUPEEME COUET AND CEOWN. Page 83 20 v., c. 22, 8. 1-10, 12, 14 ; 27 V., S. 1, c. 4' s. 3 ; 2Q v., c. 22, a. 15-17, 19-29, 31-" 34, 36-39, 42 ; 27V. S. 1, e. 4, B. 1 See Circuit Court, 20 V., c. 22, s. 18. Collectors of Dues, 27 V., S. 1, c. 31, s. 17. Commiaaions^Specia), Court Supreme, 8 V., c. 28, s. 20 ; 19 V., 0. 10, s. 24, 35. Fines, &c. 1 G. 3, c. 13, a. 1,3-5; 20 v., c. 22, s. 30, 39. Friend, ly Societies, 6 V., c. 27, a. 3, 8, 12. Holidays, 8V., C.-30. Judgments, &c. 14 G. 3, 0. 28, s. 6 ; 20 V., c. 22, s. 23, 24, 39; 3V., c. 65, s.18; 27 V., S. 1, c. 27, s. 2, 3 ; 11 G. 3. c, 20, s. 2 20 v., c. 22, a. 28, 31 ; 14 G. 3, c. 28; s. 15. Juriea, 19 V., o. 23, s. 8 ; 21 V., c. 25, B. 2; 23 V., c. 33, s. 2 Juries Special, 20 V., c. 14, s. 4-8. Land Tax, &c. 21 v., c. 34, a. 29-34. Eeeorde, Public, 11 Ann, c. 4, s. 5. Venditioni, 43 G. 3, c. 20, s. 8 ; 20 V., c. 22, s. 25, 39, 22. West Indian Incumbered Es- tates, 24 v., c. 4, s.2-7. CLEEK OF THE VESTEY See Assembly, 22 V., o. 18 ; 28 V., c. ^ ; 27 v., S. 1, o. 9. Vestries, &c. CLEEK, OF THE WAKEANTS. Page 85 10 Ann, c. 4, a. 32. CLEEKS AND SERVANTS. See Larceny, 27V., S. 1, c. 33, o. 53, 54 CLOTH FALSELY MAEKED, SELLING See Criminal Funiehment, 1 V., o. 28, a. 4. CLIPPINGS OF COIN. See Coin, 14 6. 3, o. 18, a. 2, 3. COALS, CHARCOAL. See Malicious Injuries, &c. 27 V., S. 1. 0. 34, s, 17, 18. COASTING VESSELS. See Droghers. COCKFIGHTING. See Cruelty to Animals, 25 V., c. 10, s. o. COIN. Page 85 24 G. 2, c. 19, 8. 9; 3 v., c. 39, s. 10 ; 5 v., c. 28 ; 7 v., c. 51 ; 1 V., c. 21, s. 3 ; 6 v., c. 40 ; 14 G. 3, c. 18, s. 1-4 ; 19 V., c. 29, s. 1 ; 21 v., c. 14, 3. 3 ; 14 G. 3, c. 18, s. 9; 1 V.,c.28, 8. 4. INDEX, 789 COIN. Contd. See Cnmiual Paniahment, 1 V., o. 28, s. 4-5. Indictment, 28 V., c. 15, s. 1. COLLECTOE OF DUES. Page 86 27 v., S. 1, C.31, s. 1-90, 32-47 j 28 V., c. 28, s. 30, 34, 50 ; ^ V., o. 28. See Assembly, 28.V., c.2, s. 1. Gunpowder, &o.,19, v., c. 14,8. 6, 7,9,10. Hishways, 25 v., c. 18, s. 15. juatioea Conviotions, 18 v., c. 57, s. 5, 8, 10. Land Tax, &o. 28 v., 0. 28, B. 3 ; 26 V., S. 2, c. 21, B. 2. License, &.o. Duties, 28 V., o. 28, s. 4-9, 15, 16, 19, 21-24, 29, 30, 32-34, 36, 37, 41, 45. Markets, 9,V. , c. 38, a. 5 ; 21 v., c. 12, a. 6 ; 27 V., S. 1, c. 10, s. 7. Martial Law, 11 V., c. 7, s. 5, 6. Metals, Old, 19 v., c. 32, B. 2, 5, 13. Militia Volun- teers, 28 v., c. 38, B. 63. Petty Debts, 19 V. c. 37, s. 20, 47, 57. Pounds, 15 v., 0. 11, s. 17, 22. Reiilevin, 27 V., S. 1, c. 28, s. 4. Bum Licenses, 23 V., S. 1, c. 4, s 10, 11 i 28 v., c. 25, a 2, 3 ; 23 v., S. 1, c. 4 s. 13, 14. Stamps, 28 v., c. 9, s. 15-19, 30. Veatries, ^7 v., S. 1, 7, s. 40. COLLECTORS OF BUM DUTIES. See Bum Duty Collection, 28 V., c. 27, s. 8, 9, 11 ; 22 v., e, 13, a. 5 ; 28 V., c. 27, B. 1-4, 7 J 22 v., c. 13, s. 32, 37, 38, 41-43 i 28 v., c. 27, s. 13 ; 22 V„ e. 13, a. 44-52, 55, 56, 59, 62 ; 28 V., c. 27, s. 14 ; 22 v., c. 13, a. 72, 73. COLLUSIVE SEIZURES. See Cuatoma, 17 V., c. 2, a. 21. COLONIAL BANK. See BauliB, 7 V., c. 47, s. 1216 ; 7 W. 4, e. 18. Receiver - General's Moneys Transfer, 21 V., c. 39 ; 24 V., c. 7 ; 28 v., c. 20. COLONIAL ENGINEER AND ARCHI- TECT. See Board of Workii, 21 V., c. 3, s. 10, 11, 17, 18. COLOUR, EXPRESS. See Court Supreme Pleadinga, 28 V., c. 37, a. 12. COMBINATIONS. 3 v., c. 30. Page 91 COMMENCEMENTS AND CONCLUSI- . ONS OF PLEADINGS. See Court Supreme Pleadinga, 28 V, 37, a. 8, 9, 11, ~ COMMISSARIES. See Clergy, 22 V., o. 9, a. 37, ; 22 V,, u. 23, 8. 3. , 16, 26, 38, COMMISSIONS OF ATTORNIES, &c. Page 92 24 G. 2, c. 19, s. 8. COMMISSIONS DE BENE ESSE. Page 92 38 G. 3, u. 23, 8. 4 ; 8V ., li. 28, a. 23. COMMISSIONS, FOREIGN. Pag9 92 8 v., 0. 28, s. 23. See Court of Ordinary, 6 V., k. 55, o. 5. COMMISSIONERS TO TAKE AFFIDA- VITS. Page 98. 14 G. 3, c. 3 ; 42 G. 3, c. 26 ; 19 V., c. 10, s - 45. COMMISSIONS SPECIAL, FOR TRIAL OF OFFENCES. Page 93. 4 G. 4, c. 13, a. 6 ; 5 W. 4, u. 18 ; 23 V., c. 15, s. 1-5. COMMISSIONERS OF PUBLIC AC- COUNTS. See Executive Committee, 17 V., c. 29, s- 21 ; 25 v., c. 37, B. 1 ; 17 V, 0. 29, s. 24, S5. COMMISSIONERS FOR PUBLISHING LAWS. See Laws of the Island, 30 G. 3, c. 20, a. 1 ; 32 G. 3, c. 29, a. 1 ; 47 G. 3, c. 18, 8. 1 ; 69 G. 3, c. 24, s. 1-5. COMMITMENTS. See Justices, 13 V., c. 24, a. 13, 15-19 ; 13 v., c. 35, s. 21-25 , 28 ; 18 V-, c. 57, 8. 1. COMPANIES INCORPORATED. Page 94 27 v., S, 2, c. 4. See Larceny, 27 V., S. 1 , c. 33, a. 1. COM.PANIES WINDING UP. Page 100 28 V. c. 42. See Companiea Incorporated, 27 V. S. 2, » c. 4, s. 26. COMPENSATION. SOe JuBticea, 21 V. c. 9, a. 2. COMPETy;TIVE EXAMINATIONS. See Euncation. COMPLAINTS ON INDICTABLE OF- FENCES. Sae JuBtices, 13 V. c- 24, b. 1, 5, 6, COMPLEXIONAL DISTINCTIONS. Page 106 1 W. 4, c. 17, B, 2. 790 INPEX. CONCEALING THE BIRTH O F A CHILD. See Offences against the Person, 27 V. S. 1, c- 32, a. 51. CONDITIONS PRECEDENT. Spe Court Supreme Pleadings, 28 V, c. a7, B. 7. CONSOLIDATING PROCEEDINGS IN CHANCERY. See Court of Chancery, 15 V. c. 16, s 16. CONSPIEACT TO MURDER. See Offences against the Person, 27 V. S. 1,0.23,8.3. CONSPIRACIES. See Ciiminal Punishment, 16 V., c. 15, s. 29. Offences against the Person, 27 V. S- 1, c. 32, s. 3. Treasonable, &c. Meetings, 4 G. 4, c. 13, s. 3. CONSTABLES. Page 106 35 C. 2, 0. 4, s. 7 ; 10 Ann, «. 4, o. 17. See Police. CONSTABULARY FORCE. Page J 06 27 V., S. 1, c. 30. See Whipping, 28 V. c. 18, s, 6, CONSTABLES, SPECIAL. Page 109. 4 W. 4, c. 29. See Jamaiea Railway Co., 7 V. c. 25, s. 115, 116. CONTINGENT DEBTS. See Companies Winding up, 28V.,c. 42, s. 48. CONTINGENT AND EXECUTORY IN- TERESTS, RIGHTS OP ENTRY. Page 110 3V., 0.51,6.3; 8 v., c. 19, B. 4, b. See Court of Chancery, 18 V., c. 58, a. 3. CONTINUANCES, &c. See Court Supreme Pleadings, 28 V., u. 37, 8. 38. CONTROVERTED ELECTIONS. See Assembly, 41 G. 3, c. 18 ; 22 V., c. 5, s. 20,22,24-27; 24 V., c. 8. CONVEYANCES TO QUALIFY VO- TERS.- See Assembly, 22 V., o. 5, s. 32. CONVICT LABOR PAYMENT. See Prisons, 18 V., o. 23; 24 V., c. 19, S.2; 20 v., c. 11, s.16 CONVICT SHIP. See Prisons, 20 V., c. 11, s. 52. CONVICTIONS AND ORDERS. See Justices, 21 V., c. 9, s. 1 ; 13 V., c.35, a. 17,18. COPIES OR FAC SIMILIES. See Indictment, 16 V., c. 15, s. 67, COPPER COIN. See Coin, 6 v., c. 40. COPYRIGHT. Page 111 22 V. c. 21,8.2-10, 12, 13. CORONERS Page 112 11 G. 3, c. 15 ;41 6. 3, c. 13, a. 2-4 ; 58 G. 3, c. 23, a. 1-3, 8, 9 ; 8 G. 4, c. 2 2, s. 4, 5 ; 10 v., 0. 12, s. 2, ; 17 v., c. 23 ; 17 V., c. 38 ; 19 v., c. 17 ; 20 v., c. 9 ; 23 V., c. 19, s. 1-3, 5 See Assembly, 22 V., c. 6, s. 6, 16: Mar- tial Law, 11 v., c. 7, s. 2. Medical Practitioners, 13 V., c. 21, s. 3. CORROSIVE 'fluids, &c. See Offences against the Person, 27 V., S. 1, C.32, s.26. COSTS. Page 113 24 G. 2, 0. 19.a. 1-3; 1 G3, c. 21 ;-29 G. 3, c. 13, s. 2 ; 5 v., c. 50 ; 8 v., c. 28, s. 21-22 ; 19 v., c. 10, B. 36-37 ; 32 V., c. 28 ; 25 V., c, 46, 8. 13 ; 26 v., S. 2, c. 1 5 ; 28 v., c. 35 ; 28V.,o. 37, s.l. See Abatement, 8 V., c. 28 s. 4, 5. Amend- ments, 27 v., S.l, c. 14. Appeal, 21V. c. 22, s. 31 ; 27 Vy S. 1, c. 15, s. 3, b. As- sembly 22V., c. 5, s. 27. 8V., 0.28,8 23. Commissions de bene esse and Foreign, Companies Incorporated, 27 V., S. 2, c. 4, a. 50. Companies Winding up, 28 v., 0. 42, s. 3, 5. Court of Chancery, U V.,c. 34, s. 1,4,15 V., C.16, a. 3, 27 v., S. 2, e. 3, s. 5 ;,28 V,, c. 36, s. 3' 13. Court of Ordinary, 6 V., c. 55, s. 3, Court Supreme Pleadings, 28 V., c. 37. a. 4. Customs, 17 V„ c 2, s. 27-28. Defamation, 14 V.. c. 34,'%. 8 ; 18 V., c. 44. Ejectments, &o.,25 V., c. 46, s. 7, 13. Executors &o!, 8 V., c. 28, s. 14. Interpleader, 7 v., c. 32,8.3, 7. Juries, Special, 20 V., c. 14, s. 11. Justices, 21 v., c. 9, a. 23. Justices Convictions, 13 v., c. 35, s. 18; 24,20, 28. Landldi-d and Tenant, 1 V„ c. 20, s. 3, 17-19. Offences against the Person, 27 V., S. 1, c. 32, s. 61-62. Partition, 8 G. 1, c. 5, 8 v., 0. 28, s. -22. Patents for Inventi- ons, 21 v., 0. 30, 8.18,21. 30. • Pawn- brokers, II v., 0. 36, 8. 29. Petty Debts, 19 V., 0.37, s. 21 ; 20 V., c.20, a. 2. Provost Marshall, 43 G. 3, m. 20, a. 1-4, 6, 7, 9, 10. Replevin, 30 G. 3, 0.2. SligoWater€o.,5 Wi 4, c. 38, 3.33-34, ' INDEX, 791 COUNCILS OF WAR. See Militia, 9 V., o. 35, o. 94-97. COUNTEEPEIT COIN. See Coin, 14 G. 3, c. 18, s. 1-4, 9 ; 19 V. c. 29, 8. 1, 21 v., c. 14, s. 3 ; 1 V., c. 28, s. 4. COUNTIES. 31 G. 2, c. 4, Page 116 . 1 ; 50 G. 3, c. 15. COUST, RIOTING OR STRIKING IN See Criminal Punishment, 1 ¥.,0. 28, s. 4. COURT OF CHANCERY. Page 117 10 Anne ; 4, a. 24, 8 ; 8 G. 2, c. 5, s. 3 ; 3 v., c. 65, 8. 6 ; 19 v., c. 10, s. 2, 9, 14; 6 v., c. 56 ; 11 V., c. 34 ; 14 V., c. 52 ; 15 v., c. 16 ; 18 V., c. 58, s. 2-5 ; 27 v., S. 2, c. 3 ; 28 V., c. 36, s. 1-7, 13, 14 ; 28 v., c. 36, s. 12. See Cliancery Deposits. Friendly Sooie- ties, 6 v., C.27, s. 15-20. Infa;iit Judg- ments, &c., 8 V. c. 48, s, 15-17. Mining tieases, 18 V. 32. Mortgages, 13 G. 3, c. 16 ! 25 &. 3, c. 10, s. 2. Trustees, 4 W. 4, o. 3311;V., c. 13, s. 1, 2,4. COURTS OF COMMON PLEAS AND QUARTER SESSIONS. Page 124 19 v., c. 10, s. 17. COURT OF ORDINARY. Page 124 19 v., 0, 10, 8. 10, 14 ; 6 v., c. 55, s. 1-3, 5 i 18 v., c. 34. COURT SUPREME. Page 127 33 C. 2, c. 23, 8. 1 ; 17 G. 3, e. 27 ; 33 C. 2, e. 23, B. 4, 5, 10 ; 8 G. 2, c. 5, s. 16 ; 33 ,C. 2, 0. 23, s. 7 ; 19 V., c. 31, 8. 1 ; 31 G. 2, 0. 4, 8. 5 ; 3 v., c. 65, 8. 25 : 8 v., c. 28, 8. 8 ; 22 V., o. 39, s. 4, 3 ; 31 G. 2, c. 4, B. 13 ; 17 V., o. 2, s. 98 ; 44 G. 3, c. 22, 8. 1 ; 3 V., c. 65, s. 12, 21-23 i 8 v., c. 28, s. 20, 24; 19 V., c. 10, 6. 6-8, 20 ; 20 v., c. 12 ; 19 V., e. 10, s. 24, 32-35. See Court of Ordinary, 18 V. c. 34. Pri- sons, 20 V. c. 11, 8. 28 ; Riots, 21 V. c. 11, s. 12. Special Cases, 8 V., o. 28, s. 13. SnrveyorB, 22 V. c. 40, s. 4 : 35 V. c. 27, s. 1; ^ V. c. 40, s. 11. 12, 17-23. COURT, SUPREME PLEADINGS. Page 129 28 V., c. 37. COVERTURE. See Petty Debts, 19 V., c. 37, 8. 11. CRIMINAL CONVERSATION. See Evidence, 22 V., c. 16, s. 4. CRIMINAL PROCEEDINGkS, CEIMI- MINATING QUESTIONS. See Evidence, 22 V., o. 16, s. 3, 4. CRIMINAL PUNISHMENT. Page 136 16 9 G. 4, 0. 19, s. 5-7 ; 1 V. o. 28, e. 4, 5 v., c, 15,8. 26; 19 v., 0. 29, 8. 2. See Industrial Schools, 21 V., c. 11 , s. 16 ; Larceny, 27 V., S. 1, c. 33, e. 4, 7, 8, 99-101, 103. Malicious Injuries, 27 V., S. 1, 0. 34, 6. 52-56, 60-63. Offences against the Person, 27 V., S. 1, c. 34, 8. 60 ; 27 v., S. 1, c. 32, 8. 58, 59-62. CROWN COSTS. See Costs, 26 V., S 2, o. 15. CROWN LANDS. See Patents, 4 G. 2, c. 4, d. 7. CRUELTY TO ANIMALS. Page 137 25 v., c. 10. CRYERS OF COURTS, Page( 138 10 Ann, c. 1, s. 4; 19 V. c. 10, s. 33; 23 V. c. 19, 8. 1. CURATES, ISLAND. See Clergy. 19 V., o. .23, 8. 13, 17-20. , 8. 1, 4; 22 V., Island Curates' Fund. Prisons, 20 V., o. 11, s. 36. CURATES, STIPENDIARY. See Clergy, 28 V., c. 43, s. 1 ; 22 V., c. 23, 8. 15, 16, 18-20. Island Curates' Fund. CURRENCY ASSIMILATION. Page 138 3V., c. 39, B. 1-3, 8,11, 12. CUSTOMS. Page 138 2 G. 1, c. 11, 8. 1-3; 31 G.2, 0. 19 ; 44 G. 3, c. 10 1 4 v., c. 43 ; 14 V., o. 56, s. 4 17 v., c. 2, 8. 1 ; 20 v., c. 5, s. 7 i 27 V., S. 1, c, 11 ; 17 v., c. 2, 8. 2-17 ; 23 V. c. 10, 8. 2 ; 17 v., c. 2, s. 18-44 ; 17 V., c. 33, 8. 1-18; 20 v., c. 5, 8. 3; 28 V., ,c.lO, 8., 7 ; 17 V., c. 33, s.20;20 V., c. 5, 8. 4, 5; 1?V,, c. 33, s. 23 ; 20 V., c. 5, 8. 6; 17 v., c. 33,8.25-30; 23V.,b. 10, 8. 1 ; 17 v., c. 33, 8. 32-35 ; 20 V., c. 5, s. 9-14; 28 v., clO, 8. 11; 20 V., c. 5; 8., 15-17- ;26 v., S. 2,e. 19, s. 3 ; 20 V., c. 5, s. 18-26 ; 23 V c. 12, s. 1-9, 18, 19, 22 ; 25 V., c. 23, 8. 3. See Arms, &c. 11 V., o. 4, s. 5; 25 V, 0. 23, s. 3. Copyright, 22 V. c. 21. Court, Supreme, 31 G. 2, e. 4; s. 13. Governor's Secretary, S G. 4, c. 13, 8. 2, 4. Harbours, 18 V., e. 24, s. 2. Import Duties, 28 V., c. 10. Loans,, Guarauteeed Immigration, 15 V., c. 39, a.t 1-15 ; 24 v., c. 16, i. 1? ; Loans, Island Immigration, 24 V. , o. 16,, 5 c 792 INDEX. 6. 15-17 26. Metals, Old, 19 V., c. 32, B. 14. Militia and Voluuteers, 28 V., c. 38, s. 27. Public Hospital, 46 G. 3, c. 28, 8. 1. Quaiamine, 4 V., e. 32, 6. 6-8, 10, 13-15, 29. Earn Dntiea, ^r v., 8. 1, c. 5, 8. 4. Rum, Methylated, 27 v., S. 1, c. 2, s. 4. Enm Duty Col- lection, 28 v., 0. 27, 8. 8-11 i 22 V., c. 13, s, 14-22 1 28 V., c. 27, s. 1-4, 7, 22 v., c. 13, 8. 32,37-43; 28 V., c. 27, s. 13 i 22 v., c. 13, s. 44-49, 51, 52, 55, 56, 59, 62, 72. Enm &o. Warehonses, 22 v., c. 14, 8. 2, 3,4,6,8-11, 14, 17. Salvage, 53 G. 3, c. 25, s. 1-5, 7, 14, 15. Tonnage Dues. DAMS, FLOODGATES. See Malicious Injuries, 27 V., S. 1, u. 34 8. 25. DAMAGES NOT EXCEEDING 40s. See Petty Debts. DEATHS BY NEGLECT, &c., COMPEN- SATION. Page 155 10 v., 0. 6. DECLAEATIONS. See Oaths, 6 V., c. 24. DECLARATIONS, COPIES FOE SEE- VICE. See Arrests, 21 V., c. 13, s. 9. Court Supreme, 33 C. 2, c. 23, s. 10 ; 8 G. 2, o. 5, 8. 16 ; 33 C. 2, c. 23, s. 7 ; 19 V., c. 10, 8. 24. DEEDS Page 156 33 C. 2, c. 12, s. 1-3 ; 10 Ann, o. 12, s. 3, 10 Ann c. 4, s. 2 ; 56 G. 3, c. 19, s. 3 ; 60 G. 3, c. 28, B. 1 ; 4 G. 2, c. 5, s. 5-8,16 G. 2, c. 6, 21 G. 3, c. 23, s. 5 ; 8 V., c. 19. s. 2, 5j 9. DEEDS, PEOBATE. Page 157 , 27 v., S. 1, c. 17. See Court of Chancery, 28 V. , c. 36, s. 14. Evidence, 4 G. 2, c. '5, s. 2. DEFAMATION. Page 157 14 v., c. 34; 18 V., c. 44. See Court Supreme Pleadings, 28 V., c. 37,8.10. DEFAULT ACTIONS, ASSESSMENT OF DAMAGES. See Court Supreme, 19 V., u. 10, s. 35. DEFENCE AEISING AFTER ACTION COMMENCED. See Court Supreme Pleadings, 28 V., c. 37, s. 16. DEFILEMENT OF WOMEN &o., UN DEE 21. See Offences against the Peraon, 27 V, S. 1, 0. 32, s. 40-46, 54. DEMANDS OP PEOPEETY WITH MEN- ANCES OR FORCE. See Larceny, 27 V, S. 1, c. 33, s. 30. DEMOLISHING BUILDINGS, &o. See Malicious Injuries, 27 V., S. 1, c.34, s. 11-12. Offences agaiuBt the Person, 27V.,S. 1,0.32, s. 10. DEMURRER. See Costs, 5 V., c. 50, s. 5. Court Su- preme Pleadings, 28 V., o. 37, s. 2, 3, 27 33. Indictment 16 V., c. 15, s. 36. DEODANDS. 10 v., c. 7. Page 159 DEPOSITIONS. See Justices, 13 V. c. 24, s. 10, 20. DESTROYING VALUABLE SECURI- TIES, &c. See Larceny, 27 V., S. ],c. 33, s. 14. DEVISES OF EEAL ESTATE. SeeWiUs, 3Vo. 5],i3. 18-28 DILATOEY PLEAS. See Indictments, 8 G. 4, c. 22, a. 7. DIRECTORS &o., F COMPANIES, CORPORATIONS, &c. See Larceny, 27 V, S. 1, c. 33, s. 66-71. DISCONTINUANCE. See Costs, 5 V., u. 50, s. 7. DISORDERLY PERSONS. See Rogues and Vagabonds, 3 V., c. 18, s. 1, 4, 5, 9, 10. Towns, &c. 7 V. c. 14, 8. 9, 11. DISORDERLY HOUSES. See) Criminal Punishment, 1 V., u. 28, s. 4. DISSENTING CHAPELS. See Larceny, 27 V, S. 1, c. 33, s. 35, 42, Malicious Injuries, 27 V., S. 1, c. 34, s. 1, 11, 12. Religious Worship, &c. 4 W. 4, c. 41. Eights, 21 v., o. 11, s. 6, 7. DISSENTEES' MAEEIAGES. Page 159 4 v., c. 44, s. 2-7, 9-19, 23 ; 26 V., S. 2, c. 10. DISTRESS WARRANTS. See Justices, 13 V., c. 35, s. 19-21, 28, 29 ; 18 v., 0. 57, s. 11. DISTRESSES FOR RENT OP TAXES. lV.,c.25. ^^^^ ''' See Landlord and Tenant, IV., e. 26, a. 5-10, 14, 16, 17. Larceny, 28 V. c. 15, B. 2. DISTRIBUTIVE PLEADINOS. See Court Supreme Pleadings, 28 V., c. 37, s. 23. DIVIDING FENCES. Page 163 15 v., c. 22 ; 15 v., c. 11, s. 24, 25. DOCUMENTS OF TITLE TO GOODS AND LAND. See Larceny, 27 V., S. 1, c. 33, s. 1, 15, 16,17. . . . . , DOCUMENTS, PLEADING. See Court Supreme Pleadings, 28 V. c. 37, s. 6. ^ DOCUMENTS, ADMISSION AND COM- PULSORY PRODUCTION. See Evidence, 8 V. c. 28, s. 9, 24 : 20 v., c. 19, s. 1, 2. DOGS. See Larceny, 27 V., S. 1, c. 33, s. 11, 12. Malicious Injuries, 27 V., S. 1, c. 34, s. 32. DOMESTICATED ANIMALS. See Larceny, 27 V., S. 1, c. 33, e. 11, 12. Malicious Injuries, 27 V,, S. 1, c. 34, s. 32. INDEX. 793 B. 1 ; 53 G. 3, c. 22, a. 4 ; 60 G. 3, 0. 16, a. 4 ; 1 G. 4, c. 16, a. 2 i 1 G. 4,c.20,B. 4i 15 v., c. 17, s. 9; 23 V., c. 12, 8. 14. ' DORMANT SECURITIES. 29 G. 3, .;. 13, o. 4. Page 164 DOUBLE RENT, OR VALUE, See Landlord and Tenant, 25iG. 3, c. 7, 8. 1 ; 1 v., c. 26, B. 15. DOUBLE OR TREBLE COSTS. See Costs, 8 V., c, 28, s. 21, 22. DRAWBACK. See Customs, 17V ., c. 33, s. 33-35 ; 20. v., c. 5, 8. 9-14 28 v., c. 10, s. 11. Import Duties, 28 V., c. 10, a. 10. DROGHERS. Page I64 31 G. 3, c. 3, a. 2-16 ; 3 V., o. 41. See Harbours, 23 V., c. 5, s. 17, Sch, B. Tonnage Duties, 46 G. 3, c. 28, DROWNING, SUFFOCATING &e. See Offences against the Person; 27 Vj S. 1, c. 32, B. 12, Id. DRUGS, STUPIFYIN6, fee- See Offences against the Person, 27 V., S. 1, c. 32, s 20. DUTY BOOK. See Clergy, 22 V ., c. 23, s. 37. DWELLLING HOUSE. See Larcenj, 27 V., S 1, 0. 33, s. 45, 46. Mahcioua Injuriea, 27 V., S. 1- c. 34, s. 2, 7. ECCLESIASTICAL COURTS. See Clergy, 22 V., c. 9 ; 23 V. c. 9 ; 28 V., c. 43. ECCLESIASTICAL LAWS. See Clergy, 22 V, 0. 23, s. 1. EDUCATION, COMPETITIVE EXAMI- NATIONS. Page 166 8 v., c. 40, B. 2-6; 25 V., 6.6. EJECTMENT— LANDS OF SMALL VA- LUE. Page 167 25 v., e. 46. See Boundaries, Disputed, 35 G. 3, c. 24, Landlord and Tenant, 1 V., 0. 26, s. 1- 3, 11. Mortgages, 25 G. 3, c. 10, s. 1. ELECTIONS. See Assembly, 22 V., c. 5 ; 22 V., 0. 18 : 27 V.,c, 9. ELECTRIC TELEGRAPH. See Malicious Injuries, 27 V., S. 1, c. 34 a. 30. EMBEZZLEMENT. See Criminal Punishment, 1 V., c. 28, s. 4. Larceny. 27 V., S. 1, c. 33, s. 54-58. Militia, 9 V., c. 35,8.29. Militia Vo. lunteers, 28 V., 0. 38, s. 24. EMBLEMENTS. Page 170 25 G. 3, c. 1 ; 53 G. 3, 0. 26. See Jurors Warned on Writs, &c. 43 G. 3, c. 28. ENDURANCE OF PUNISHMENT. See Evidenee, 7 V., c. 5. ENFORCEMENT OF ORDERS, &c. OF JUSTICES. See Justices, 21 V. c, 9, s. 1-4 ; 13 V. c. 35, s. 29. 794 INDEX. ENTERTAINING ELECTOES. , See Aesembly, 22 V. c. 21, a. 28, 29. ENTRY OF GOODS. See Customs, 17 V. c. 2, a. IS-l?; 23 V- c. 10, s. 2 ; 17 V. c. 2, s. 18 ; 17 V. c. 33, S;17; 22V. c. 5,B.3; 28 V. c. 10, B. 7 , 17 V. c. 3i, s. 20 ; 20 V. c. 5, s. 5, 18- 22. ENTRY IN TRANSITU. See Customs, 23 V. o. 10, a. 1. ERROR, WRITS OP. Page 171 17 G. 3, c. 16. ESCAPE, PRISON BREACH, RESCUE. See Criminal Punishment, 16 V. c. 15, B. 29. Penal Servitude, 21 V. c. 14, s. 12-14. Prisons, 20 V. c. 11, s. 54-56 ; 21 V. c. 16, s. 1. Rogues and Vaga- bonds, 3 V. c. 18, B. 3. ESCHEATS. Page 172 33 C. 2, c. 22, s. 2, 4 1 6 G. 2, c. 7, s. 5, 6 : 31 G. 2 e. 4, s. 13 ; 31 G- 2, o. 18; 56 G. 3, c. 24; 3 G. 4, c. 13, s. 9; 17 V. o. 29 s. 36; ISV.o. 17, s. 2. . See Jurors Warned on Writs, &c. 43 G- 3, 0. 28. ESTATES, PUR AUTRE VIE. See Wills, 3 V. o. 51, s. 4. EUROPEAN ASSURANCE SOCIETY. Page 173 27 V. S. 1, c. 35. EVIDENCE. Page 173 4G. 2, c. S,B.2,3; 34G.3, c. 11, s.. 2; 8V. c. 42, B. 1 ; 9G. 4, 0. 19, s- 7; 1 V. c. 28, B. 14, 17 ; 16 V. c. 15, s. 23 ; 7 ' V, c. 5; 7 V. 0. 31 ; 22 V. o, 16, s. 2-5; 8V.C. 28, s. 9, 24; 20V.O.19. See Clergy, 22 V. c. 23, b. 43 ; Court of CKancery, 15 V. c. 16, s. 13 ; 27 V. S. 2, c. 3, B. 3, 4. Court. Supreme Pleadings, 28 V. o. 37, s. 41. Forgery, 4 V. c. 46, B. 14. IminigrantB, 22 V. c. 1. s 51. Industrial Schools, 21 V. 0. 41, B. 22. Justices, 13 V. o. 24, B.IO. Land Tax, &c. 21 V.o.34,s25. License, &o. Duties, 28 V. c. 28, b. 41. Medical Practitioners, 23 V. S.l, c.l7, s. 8. Patents, 2 Ann, c. 7, B. 1. Pa- tents.for Inventions, 21 V. c. 30, b. 24, 27, 28. - Penal Sei-vitude, 21 V. c. 14, s. 14. Petty Lebjs, 19 V. 0.37, b. 11, 12, 19. Quai'antine, 4 V. c. 32, s. 25. Eeoeiver-Ganerai, 21 V. c. 4, s. 26. Rum Licenses, 23 V. S. 1, c. 4, s. 2. Venditioni, 20 V. o. 23, b. 22. Whaives, 7 V. c. 57, a. 7 ; Wills, 3 V. c. 51, s. 9- 12. Written Acknowledgments, 9 6. 4, c. 20, B. 1, 3 7. EXCHANGE OF LAND. See Deeds, 8 V. c. 19, s. 2, 5. EXCUSABLE HOMICIDE. See Offences against the person, 27 V. S. 1, c. 32, B. 6. EXECUTIONS, WRllS OP. See Venditioni, 19 V. c. 10, ». 39. EXECUTIVE COMMITTEE. Page 177 17 V. c. 29, B. 15— 21 : 25 V. c.37, s. 1 ; 17 V. c. 29, s. 22-25,, 27 ; 20 V. c. 5. b. 2 ; 25 V. c. 37, a. 2 ; 17 V. c. 29, a. 28, 29, 14, 30 : 20 V. c- 16 ; 25 V. c. 38 ; 17V.0. 29, B. 31 ; 22 V. c. 33. See Audit ol Public Accounts 21 V. c. 1. s. 1-4, 11, 12 ; 28 V. c. 21, B 3, 4, 7, 9. Board of Worlss, 21 V. e. 3 ; 27 V. S. 1, c. 23. Chancery Deposita, 19 V. c. 5, B. 5. Charities, 28 V. c. 23, s. 4. Collectors of Dues, 27 V. S. 1, c. 31,. s. 8, 11. COustabuIaiy Force, 37 V, S. 1, c. 30, B. 17. Customs, 17 VIJc. 33, B. 2-10 ; 20 V. 0. 5, a. 22. . Ediieatiofr &c„ 25 V. c. 6, B. 4, 9. Highways, 25 V. c. 18, a. 12, 17. 18, 46. Horses and Cattle, 26 V. S. I, e. 3, b. 6, 9. Immi- granta, 27 V, S. 2, o. 8 ; 22 V. o. l,s. 22, 71, 73, 75, 77 ;, 22 V. o. 4, a. 5; 27 V. S. 2, 0. 5Vb. 7, 8, 21 ; 24 V. c. 16, a. 30, 24. Import Duties, 28 V. c. 10, a. 10,. 12. Industrial Sohoola, 21 V. c. 41, B. 3,4, 17; 22V.C.32, a. 3; 23 V. 0.24, s. 1. Jamaica Gazette, 8 V. c . 46. B. 3, 5,10; 14 V . S.,1, 0. 4. s. 1, Land Tax, &e., 21 V. c. 34, a. 26. Le- gislative Couicil, 17 V. c. 29j,e. 12. Lepera428 V. o. 13, a. 1, 13 ; Licenae, &o.. Duties, 28 V. c. 28, s- 16, 20.24= 30, 31; 43, 49. Loans — Lunatic Asy- lum, 25 V, c. J, a. 2, 5, 10, 11, 17, Main EoadB, 21 V. c. '32, a. 2j 4 ; 25 V. c. 12, a. 42 ; 27 V. S. I, c. 36, s. 5.: 25 V. 0. 12, a. 37, 39. Maroona, 19 V. c. 25, s. 1. Medical Praietitioners, 23 V. S. 1, c. 17, s. 23. Militia, 22 V. c. 43 s. 4 ; 9 V. c.35,s.97, 105, 116. Militia Volun- teers, 28 V.c. 38, s. 33, 38. Patentsfor In- ventions, 21 V. 0. 30. s, 1, 2, 4, 12, 17. 19, 23, 37. PriBonB, 24 V. c. 19, b. 2 ; 28 V. c. 28, s. 8, 9 ; 26V. o. II, s. 4 828V. c. 22, a. 1,2,^6, 7; 20 V.c, 11, a. 5-7, 9, 11, 12, 13. 15 ; 24 V. c. 19, p. 1 ; 20 V. c. 11, a. 17, 26, 33, 61, 63-66. PubUc BuildingB, Public & Parobhial Bnildinga, Repairs, 23 V. S. 1 0. 37 ; 26 V. S. 2,s. 20, Public Hospital, 26 V. S.l, C. 4,b.2,«,90,22-,'S3, 27, 31 . Receiver General, 21V. c.,4 , s. 1-3, 6, 8,9.13,14,20-22, 25,26,28-30.. Receiver Generals moneys transfer, 28 V. c. 20, B. 2, 4, 6; 21. V c. 39, B. 3, 5,6. Bi- ota, 21 V. c. 11, a. 11. Rum methylated, 27 V. S.1, c. 2; Rum Duty Collection, 22 V. c. 13, B. 11, 33, 39, 40. Rlim Ware- houses, 22 V. c. 14, s. 1 , 2 ; 28 V. c. 27, s. 19; 22 V, c. 14, a. 12, 22, 23. Salvage 53,G. 3,0.25,8.6. Saving's W. 4, c. 14, B. 10-12 : 22 V. ( ;'8 Banks, 7, c. 41 8 14 Stamps, 28 v. c. 9,6.5, 10,' 11, 22' BSl Tramroads, 25 V. c. 44, s. 29-31, 36, 52, 53. United States S. M. Communi- cation, 23 V. c. 11. s. 2 ; 22 V. c. 48, s. 3. Vaccination, 28 V. c. 41 s. 6, II, 14, 17, 18. Vestries, &o. 7V. S. 1, c. 7, s. 26, 28, 30-32, 46, 49. Witnesses expences, 20 V. c, 13, 8. 4. "EXECUTORS AND ADMINISTRATORS. Page 179 10 Ann, 0. 18, s. 1 i 97 V.S. 1, o. 16, s. 8, 9 ; 16 G. 3, c. 15, s. 2 ; 29 G. 3, c. 13, e. 3, 6 V. c 55, a. 4 ; 13 V. c 38 ; 8 V. c. 28, s. 1, 7, 14 ; 24 V. c. 24. See Administrations, Petty, 27 V. S. 1, 0. 16. Court of Chancery, 15 V. c. 16, s. 13. Deatlis by Neglect, &c. 10 V. c. 6. Distresses for Rent and Taxes, 8 V. c. 28, s. 15, 16. Landlord and Te- ant, 1 V. c. 26, s. 13. Larceny, 27 V. S I, c. 33, s. 1. Mortgages, 8 V. c. 19, s. 7 8. Mutual Debts, Set Off, 10 G. 3, c. 1. Patents for Inventions, 21 V. c. 30,8.11. Pawnbrokers, I IV. c. 36, s. 28. Petty Debts, 19 V. 37, s. 3. Written Acknowledgments, 9 G. 4, c. 20, B. 1. EXECUTORY INTERESTS. See Contingent Interests. EXEMPLIFICATIONS OF WILLS. See Evidence, 4 G. 2,c. 5,s. 3; 34 6. 3. c. 11,8. 2: 20 V. c. 19, 8. 2, 9. EXPLOSIVE SUBSTANCES. See Malicious Injuries, 27 V. S. 1, c. 34, s. 9, 10, 36 ; Offences against the Person, 27 V. S. 1,0.32,3.10,25,26. INDEX. 795 FACTORS, FRAUDS BY. See Larceny, 27 V, S. 1. c. 33, s. 63, 64, EXPOSING CHILDREN YEARS. UNDER 2 See Offences against the Person, 27 V. S. 1, c. 32, 3. 24. EXPOSURE OF THE PERSON. See Criminal Punishment, 16 V . 3. 29. 15, EXTENTS, WRITS OP. Page 180 24 G. 2, c. 19, 8. 4-6 ; 7 V. c. 42 ; 8 V. 0. 4, S.8.'. See Jurors warned on Writs, &c. 43, G. 3, c. 28. EXTORTION. See Coustabiilary Force, 27 V. S. 1 , u. 30, 8.40. FACTORS RUM. See Rum Duty Collection, 22 V. o. 13, 8. 23, 25, 26, 61, 70. 70, 71. FALMOUTH WATER COMPANY. Page 182 40 6. 3, c. 29, 8. 14, 17 ; 19 V. c. 29, s. 2 : 40 G. 3, c. 29, s. 18-27 ; 26 V. S. 2, c. 17. FALSE DECLARATIONS, FRAUDS, &c. See Customs, 17 V. c. 2, s. 36,; 17 V. c. 33,8.35; 27 V. c. 5, B. 15,20. FALSE ENTRIES AND DOCUMENTS, &c. See Companies Winding up, 28 V. c. 42, s . 54. Evidence, 20, V. c. 19, s. 10. FALSE PRETENCES. See Larceny, 27 V. S, 1, FASTS. 5 W. & M. c. I ; 9 6. !,>;. 1. . 33, 8. 72-74. Page 184 FENCES, POSTS, GATES, &c. See Highways, 25 V. c. 18, s. 35 ; Lar- ceny, 27 V. S. 1, c. 33, B. 21, 22. Ma licious injuries 27 V. S. 1, c. 34, a. 24. FINES, FORFEITURES, DEBTS TO THE CROWN, &c. Page 184 1 G. 3, c. 13, s. 1, 3-5 ; 20 V. o. 22, s. 30, 39 ; 1 G. 3, c. 13, 3. 7 1 19 V. e. 31, s. 14 ; 1 G. 3, c. 13, s. 8-11 ; 21 V. c. 23,- s. 1-12, 14 ; 28 V. c. 9, a. 45-48. See Justices, 21 V. c. 9, s. 1. FIRE. Page 189 33 C. 2, c. 17, s. 2 ; 24 V. c. 2 ; 25 V. c. 30. FIRE-ARMS. See Gunpowder, &c. FISHING AND FOWLING. Page 189. 44 G. 3. 0. 19; 8 G. 4, c. 14 ; 6 V. c. 39, 3. 1,2,4-6; 7 V. c. 23. See Harbours, 23 V. c. 5, 3. 8 ; Larceny, 27 V. S. 1. c. 33, 6. 13. Malicious In- juries, 27 V. S. 1, 0. 34, s. 25. Patents, 35 C. 2. c. 12, 8. 1 FIXTURES. See Larceny, 27 V. S. 1, c. 33, s. 18. Ma- licious Injuries, 27 V. S. 1 , c. 34, s. 13. FLETCHERS' CHARITY. See Pariahes, St. Catherine, 10 V. c. 45. FORCIBLE ENTRY AND DETAINER. Page 191 ' 14 G. 3, e. 17. 796 INDEX. See Jurors warned on Write, &c., 43 G-. 3, 0. 28. Martial Law, 11 V. o. 7, s. 3. FOREIGN ATTACHMENT. Page 191. 33 C. 2, c. 23, s. 8-10 ; 9 G. 4, c. 24, s. 4. See Martial Law, 11 V. c. 7, a. 1. FOREIGN PATENTS. See Patents for . Inventions, 21 V. u. 30, e. 15-17, 41. FOREIGN VESSELS. See Customs, 12 G. 1, o. 11, S..1-3. Har. hours, 12 G. 1, c. 11, s. 3. FORFEITED DEPOSITS. See Chancery Deposits, 19 V. c. 5, s. 5, FORFEITURES UNDER CUSTOMS' ACTS. 17 V. c. 2, a. 16, 19-28, 33-44 ; 17 V. c. 33, s. 5, 6 FORGERY. Page 191. 4 V. c. 46, 8. 2-12 ; 21 V. c. 14, s. 3 ; 16 V. c. 15, B. 5, 8 ; 4 V. c- 46, s. 14-16. See Banks, 11 V. c. 11, s. 5. Broad Seal, 33 C. 2, c. 16, Dissenters' Marriages, 4 V. 0. 44, s. 13. Evidence, 20 V. c. 19, s. 6, 10. Governor's Secretary, 3 6. 4, c. 13, s. 7. Indictment, 16 V. o. 15, a. 6, 7. Metals, Old, 19 V. o. 32, B. 15. Pawnbrokers, 11 V. c. 36, s- 6. Reoeiyer.General'B Moneys Transfer, 21 V. e. 39, B. 8, Rum Duties Collec- tion, 22 V. c. 13, s. 60 ; 28 V. c. 27, s. 15. Stamps, 28 V. c. 9, s. 56, 57. FORTS AND BARRACKS, EXECUTIVE COMMITTEE. Page 194. 25 V- c. 4. See MiJitaiy Defences. Pilots, 19 V. c. 15, s. 31. FRAUDS, IRREGULARITIES, &c. See Supreme Court, 44 G. 3, o. 22, s. 1. FREE SCHOOLS. Page 194 See Vaccination, 28 V. c. 41, s. 29-32. Jamaica. Page 194 43 G. 3, 0. 32 1 48 G. 3. c. 25, s. 1-3 1 7 W. 4, c. 30, B. 6-7 ; 22 V. c. 23, s. 3i 48 G. 3, c. 25, s. 4-9 ; 7 W. 4, 0. 30 s. 8 ; 48 G. 3, c. 25, s. 11 ; 7 W. 4, c.'SO, s. 51, 52 ; 5 V. 0. 25, s. 5, ; 7 W. 4, o. 30, s. 3 ; 5 V. c. 25, s. 1,4: 48 G. 3, c. 25, s. 15, 14; 28 V. c. 23. Manchester District. Page 196 19 V. c. 39, B 1, 0-9, 2. 3,5,9,27;28V. c. 23. Manchestee Fkee School. Page 19&> 5 G. 4, 0. 20, s. 1-4; 22 V. c. 23, s. 3 ; 5 G. 4, c. 20, s. 5-19. Manning's. Page 201 9 G. 3, c. 4, s. 2 ; 28 V. c. 6 ; 11 G. 2, c. 9, s. 2,3, 5-9; 28 V. c. 23. MuNuo AND Dickenson's School and- Charity. Page 201 18 V. 0. 53, s. 1,2, 25-27, 38 ; 25 V. c. 22'; 18 V. c. 53, s. 9-15, 26, 39, 16-24, 28-38, 40; 28 V. c. 23. RnsEA's. Page 205- 18 G. 3, 18, o. 2-4, 6-10 ; 28 V. i>. 23. St. Andrew's. Page 206 7 W. 3, c. 1 . St. Jago de la Veca. Page 207 27 V. S. 1 , .5. 19, B. 2-13 ; 28 V. c. 23. St. James. Page 208- 46 G. 3, c. 27, s. 1 ; 21 V. c. 44, s. 15 i~ 27 V. S. 1. c. 7, B. 32 ; 46 G. 3, c. 27, s. 1 ; 21 G. 4, c. 4, s. 2 , 46 G. 3, c. 27, s. 2-4: 11 G. 4, c. 4, B. 1-3; 46 G. 3, c. 27, B. 5-10. Titchfield. Page 209 19 V. c. 40, B. 1 ; 26 G. 3,0. 7, b. 1 ; 19 V. c.40. s. 2 : 26 G. 3, c. 7, s. 2-8; 19 V. c. 40, s. 3- 11, 13 Vere. Page 211 18 V. ,c. 54, 8. 1, 31 ; 19 V. c. 38, s. 1 ; 28 V. c. 29, s. 1 ; 18 V. o. 54, s. 5-8, 2-4, 9 ; 19 V. 0.38, s. 3; 18 V. c 54, s. 12; 19 V. c. 38, B.3.; 18 V. c- 54, B. 13-17 ; 28 V. c. 29, s. 2-3 ; 18 V. c. 54, s. 18-26 ; 28 V. 23. WoLMEE's. Page 214 9 G 2, c. 6, 8. 1 ; 15 G. 3, 0. 14, s. 2 ; 18 G. 3, c. 61, 8. 19 ; 9 G. 2, c. 6, s. 2, 3, 5- 9 ; 15 G, 3, c. 14, s. 3-8 ; 40 G. 3,' c. 33 ; 28 V. c. 23. FRIENDLY SOCIETIES. Page 215 6 V. o. 27, s. 1-37, 39. FRIVOLOUS SUITS. See Costs, 1 6. 3, c. 21 ; 5 V. c. 50, s. 2 22 V. c. 28 ; 28 V. c. 35. FURIOUS, DRIVIXl.', RIDING, &c. See Criminal Pimishment, 1 V. o. 28, B. 4. Towns and Communities, 7 V. 14, s. 1 ; 11 V. c. 14, s. 1. GAMING, LOTTERIES, RATFLES, LOOSE AND DISORDERDY PER- SONS. Page 223 33 C. 2, c. 5, B. 3, 5 ; 13 G. 3, c. 19, s. 1-7 ; 39 G. 3, 0. 7, s. 2-4, 10-17 ; 7 V. o. 14, s. 12-14 ; 18 V. c. 46, s. 2-0, 8, 9, See Criminal Punishment, 1 V. c. 28, s. 4. Rogues, (fee, 4 V. c. 42, s. 2. GLEBE LANDS A^D PARSONAGES, &c. See Clergy, 19 V., «. 35, o. 4 ; 22 V., c. 23, a. 11, 51-59. GOATS. See Hogs. Laroeuy, 27 V., S. 1, o. 33, s. 9, 10. GOODS IMPORTED FOR ARMY AND NAVY. See Castoms, 17 V., c. 3S, s 27-29 ; 20 V. 0. 5, B, 23-26. GOVERNOR. Page 226 25 C. 2, c. 3, s. 2 ; 2 Ann, o. 7, s. 3 ; 10 Ann,c. 4, s. 22,20i 17 V., o. 29, Soh. A ; 18 v., c. 17 ; 26 V., S. 2, c. 1 ; 22 V., c. 23, B. 1 : 7W. 4, c. 36. ©OVEKNOE' S AIDE-DE-CAMP. Page 227 27 v., S. 1, c. 20. GOVERNOR'S SECRETARY. Page 237 17 V .0. 29, Sch. A ; 18 V., c. 30 : 3 G. .4, c. 13, B. 1-7 ; 19 v., c. 29,8. 2 ; 3 G. 4, c. 13, B. 8, 9. See StampB, 28 V., «. 9, s. 41. GREAT SEAL. See Broad Seal. GREGORY'S CHARITY. Page 230 33 G. 3, 0. 14 ; 28 V., c. 23. GUARDIANS. See Larceny, 28 V., o. 15, s. 2. LeaBes, &c., 2 W. 4, c. 16, s. 2, 3. GUNPOWDER AND FIREARMS . Page 230 3 v., c. 43, 3. 10-12 ; 19 V., c. 14, b. 1-15, 17-21. See ArmB and Ammunition. Harbours, 23 v., c' 5, s. 3, 7. Import Duties, 28 v., c. 10, s. 12, 13. HACKNEY CARRIAGES. Page 232 10 v., c. 29, B. 1-26. See Licenses, &c. Duties, 28 V., c. 28, s. 1, 14, 24, 25, 35. HALF BLOOD. See Inheritance, 3 V., e. 34, s. 9. HARBOURS. Page 236 33 C. 2, 0. 17, B. 4, 6 ; 8 Ann, c. 8, s. 4, 6-8 ; 12 G. 1, c. 11, a. 3 ; 3 V., c. 36 ; 18 v., c. 24 ; 18 v., c. 61, s. 15-16 ; 23 v., c. 5, s. 1-21. INDEX. 797 See Arms, &o., 11 V., c. 4, s. 2. Mali^ cioua Injuriea, 27 V., S. ) , c. 34, s. 39. Patents, 35 C. 2, c. 12, s. 1. Pilota, 19 v., c. 15, B. 5, 7, 32. HARD LABOR. See Penal Servitude, 21 V., c. 14, a. 7-8. Prisons, 20 V., c. 11, s. 2 ; 28 V. c. 22, s. 10 ; 20 v., c. 11, a. 43, 44, 58. HAWKERS AND PEDLARS. Page 242 4 v., 0. 11, B. 2-7 ; 6 V. c. 30 ; 4 V. C. 11, B. 8-16. See Rum Licenses, 23 V., S. 1, o. 4, B. 3, 4. HEALTH OFFICERS. See Customs, 23 V., c. 12, s. 9. Quaran- tine, 4 v., c. 32, B. 6, 8, 10, 14, 15, 19, 27, 28. HEARINGS BEFORE JUSTICES. See Justices, 21 V., v. 9, s. 5, 8 ; 13 V.j c. 21, 8. 8, 10-12, 15 : 13 v., e. 35i, B. 12-15. HIGH SEAS. See Vice Admiralty Offences, &c. HIGHWAYS NOT MAIN ROADS. Page 243 25 v., c. 18, s. 2-12 ; 25 V., c. 12, B. 33, 10 -,25 v., c. 18, B. 13-16; 21 V., 0. 4, s. 23 ; 25 v., c. 18, s. 17-44, 46, 49, 50- 63 ; 27 v., S. 1, e. 26, s. 2 ; 25 V., 0. 18, s. 64-67, 88-95 ; 26 V., S. 2, o. 8 ; 27 v., S. 1, c. 24, B. 5-8 ; 27 V., S. 2, c. 6, s. 1, 2. See Indictment, 5 V., c. 48, s. 5 ; Mar- tial Law, 11 v., c. 7, s. 5 ; MUitia Vo- lunteers, 28 v., 0. 38, s. ,59 ; Prisons, 18 v., c. 23, B. 4. HOGS AND GOATS. Page 255 22 v., e. 17, a. 2-10. See Larceny, 27 V., S. 1, c. 33, s. 9, 10. HOLIDAYS. 8 v., e. 30. Page 256 HOMICIDE. See Deodands, 10 V., c. 7. Offences against the Person, 27 V., S. 1, c 32, s. 1-8. HORSES AND CATTLE. Page 257 26 v., S. 1, c. 3 s. 1-6 1 26 V., S. 2, c. 11; 26V.,S. 1, c. 3,s. 7-11. ^ „ ,^ See Larceny, 27 V., S. 1, o. 33, a. 9, 10. HOUSE BREAKING. See Burglary, &c. 798 HUSBAND AND WIFE. •' See Aliens, 14 V., c. 10, 8. b. Amend- nie-.it, 127 V., S. 1, e. 14 s. 7. Compa- nieti, Winiling up, 28 v., o. 42, s. 4. Deeds, Probate, 27 V., S. 1, c. 17, s. 6, 7. Evidence, 7 V., o. 31, s. 1 ; 22 v., c. 16, a. 3, 4. Petty Debts, 19 V-. c. oi , B. 19. Possessory Title, &c., 4 G. 'i, o. 4, s. 1. Rogues and Vaga- bonds, 28 v., c. 5, s. 2, 3. Savings' Baiik.^. 7 W. 4, c. 14, 8. 14. Wills, 3 v., c. 51, s. 5. HUSBAND AND WIPE, CONVEY- ANCES BY. Page 258 33 C. 2, c. 32, 6. 3. IDLE AND DISOEDERLY PERSONS. See Rogues and Vagabonds. ILLEGAL IMPORTATION O R RE MOVAL OF GOODS. See Customs, 17 V., e. 2, s. 19, 36-11. ILLICIT CONNECTION. See Ottenoes against the Person, 27 V., S. l,c. 32,8. 40, 54. IMMIGRANTS. Page 258 22 v., c. 1,8. 1, 2 ; 27 v., S. 2, o. 8 ; 24 V., c. 16, s. 3 ; 27 V., S. 2, c. 5, s. 20 ; 22 v., 0. 1, B. 3-8 ; 23 v., c. 31, s. 2 ; 22V., c. 1, s. 9; 24 v., c. 16, s. 2; 9.-2 V., c. 1, 8. 10 ; 24 v., c. 16, s. 1 ; 22 V, c. 1, s. 13-15 ; 27 V., S.2, c. 5, s. 10-13. 22 v., c. 1, 8. 16-21 ; 24 V., c. 16, s. 8. 28, 7,5, 6; 25 V., c. 35, s. 1, 3,4; 22V, c. 1, s. 22-24 ; 23 V.. o. 31, a. 1 ; 22 v., c. 1, 8. 25-43 ; 27 V., S.- 2, c. 5, s. 14, 16 ; 22 v., c. 1,8. 44-47 ; 27 V. S. 2,c. 5, 8. 17-19 ; 22 v., c. 1, 8. 48-52 ; 24 v., c. 16, 8. 27 ; 22 v., 0. 1, 8. 53-58, 64, 65 ; 24 V., c. 16, a. 19 ; 25 V., c. 35, 8. 5; 24 v., c. 16, 8. 2; 22 V., c. 1, s. 66-70 ; 24 V., c. 16, 6. 22 ; 25 V., c. 35, s. 5 ; 24 v., c. 16, s. 2.^- ing Fences, 15 V. c. 22 ; 15'V. c. 11, 8. 24, 25. Droghers, 31 G. 3, c. 3, s. 2-4, 11. 12, 14. Ejectments, &c., 25 V. c. 46, s, 1, 2,7, 9-11,14. Embleraente\25G.3. c. 1, 8. 1-2. Evidence, 20 V. c. 19, s. 11, Executive Conunitteflj 15 V. c, 18; s, 6,' INDEX. 801 JUSTICES, &o. Contd. I'almoflth. Water Company, 40 G. 3, c. ^,«. ,30.23, 27 i 36 V. S. 2, o. ti, s. 4, 5 , -Fasts, 5 W. &»M. c. 1, s. 3 ; 9 G. 1, c.l. s. 3. Fines, &c. 21 V. c. 23, s. 1,5. Fire 33 C. 2, c. 17, s. 2; 24 V. c. 2, s. 1-5 Fisliing and Fowling, 44 Q. 3, o. 19, s. 3 ; 8 G. 4, 0. 14, 6, 4 ; (i V. 0. 39, s. 2, 4, o Forcible Entry and Detainer, 14 G. S.'o. 17, B. 1, 2. Foreign Attachment, 33 C. 2, c. 23,8.9. Friendly Societies, 6 V. 0.27,8.6.23,27,29,30 Gaming; &c., 13 G. 3, c. 19, s, 1, 2, 5. 6 ; 39 6. 3, o. 7. ,8.2, 3, 11-13, 15, 16 ; 7 V. c. 14, s. 12, 13 ; 18 V. c. 46, 8. 2-6. Ganpowder, &o., 3 V. c. 43, s. 10-12 ; 19 V. o. 14, s. 1, 2, 14, 15, 17, 18. Hackney Carriage? 10 V. c. 29, s. 4-S, 10, 13-19, 21, 2g-l6. Harbours, 3 V c. 36 ; 23 V. c. 5, s. 18. Hawkers and Pedlars, 4 V. o,ll, s. 6, 8-13. Highways, not Main Koads, 25 V. c. 18, 8. 3, 4, 6, 11, 26, 27, 29, 44,90. HogF and Goats, 22 V. c. 17, s. 3, 5-7, Horses and Cattle, 26 V. S. 1, e. ;',3, s. 1-5, 7, 8, 10. Immigrants 22 V. c. 1, s. 43; 27 V. S. 27 c. 5, s. 15, 17, 18; 22 V. c, 1, s. 48,54. Industrial Schools, 21 V". c. 41, s. 5-16, 19, 20; 22 V. 0.32, 8. 3 ; 25 V. c 2, s. 3-5, 8. Jamaica Eailway Company, 7 V. c. 25, s. 74, 85, 111-119. Kingston Corporation, 49 G, 3, o.28, s. 1 ; 18 V. c. 61, s. 17. Kingston, &c. Water Companv, 22 V. c. 3d, 8. 40. Landlord and Tenant, 1 V. c. 26, a. 7, 8, 14. Lar. ceiiy,37V. S. 1, c. 33, s. 11-13, 20-Sf2; 28 V. c. 4; 27 V. S. 1, c. 33, s. 48, 51, 52, 81, 83,87-95, 103. Larceny, Sninmarily vffunishable ; Lepers, 28 V. c. 13, s. 12. License, Sea. Duties, 28 V. c, 28, s. 18, 29, 35, 37, 40. Lunatic Isylum, 25 V. 0. 9, 8. 14, 15, 23. Main Roads, 21 V. o. »2, 8. 13, 15„60; 2^ V. c. 12, a. 46. Ma-' licious Injuries, 27 V. S. 1, c. 34, s. 21- 24, 32,43„44, 46, 48, 50 57, 62. Markets, 9 V.c. 38, 8. 11: 10 V. o. 30, s. 4. Mar- dal Law, 11 v.c, 7, a. 2-6. Masters in Chancery, 28 V. c. 36, a. 12. Medical Practitioners, 13 V .c. 21,. a. 1,2; 23 V. A-SyC. 1, 8. 5, 6 ; 23 V..S. 1, 0. 17, s. 25.' letalB, Old, 19 V. c. 32, s. 1-3, 7, 9, 11, 15. Militia, 22 V. c. 43, s. 5-7, 8- 10 , 9 V. c. 35, s. 30; 22 V. c. 43, 8. 2P, 22. Militia Volnii- teers, 28 V. c. 38, s. 5, 8, 14, 16, 22, 26, 39, 40, 44, 69, 71. Oaths, &c. 6 V. c. 24, s. 1, 4, 8, 10. Obeah and Mvalism, 19 V. c. 30; ,21 V. c. 24. OlFences feaapat the Person, 2/ V S. 1, c, 32, s. "^-37, 55. Patents for Inventions, 21 V. 0. 30, s. 30. Pawnbrokers, 11 V. .C .36, s. 5-11, 13, 16, 19-25. Petty Debts, 19 V. c. 37, s. 15-21 ; 20 V. c. 20, B. 2 ; 19 T. c. 37, g. 22, 29 ; 20 V. c. 20, 8. 1, 2 ; 19 V. c. 37, s. 43-47 54 ; 23 V. c. 35, 8. 3. . Pilots, 19 V. c. 15, s. 30, 36, 37. Porters and Carriers, 1 V. c. 38, s. 8, 11. Pounds, JD^TICES, &c., Contd. . 15 v., c. 11, 8. 6-10, 13-17i 20-25. Pri- sons, 18 V. c. 22, 8. 5, 7, S; 20 V. c. 11, 8. 6-8, 16, 18 ; 24 V. c. 19, s. 3 ;' 28 V. e. 22, 8. 4, 5; 20 V. c. 11, s. 19, 20, 25, 39-31, 35, 42, 45, 51, 53, 57, 67, 70. Public Hospital, Ji6 V. S. 1, c. 4, s. 35- 37. Quarantine, 4 V. c. 32, a. 11, 14, 24. Railways, 9 V. c. 22, a. 17 ; 9 V. c, 23, s. 3. Replevins, i.7 V. S. 1, c.28, s. 6. Riot, 21 V. 0. 11, s. 1-3, 8, U. Rogues and Vagabonds, 3 V. c. 18, s. 1 ; 4 V. c. 42, a. 2 ; 28 V. c. 5, s. 2; 3 V. e. 18, 8. 5, 8-10. Rum Dntv Collection. 22 V. c. 13, s. 44, 51, 59, '61.63 ; 28 V. c. 27, s. 14, 17 ; 22 V. c. 13, s. 66, 68, 69, 71. Rum Warehouses, 22 V. c. 14, s. 26. Rum Licenses, 23 V. S. 1, c. 4, s. 4, 6-10, 17, 24, 32, 33. Salvage, 53 G. 3, c. 25, 8.1-5, 7,15. Seamen, 2W. 4, c. 32, B. 1, 2. Secretary, Island, 56 G.3, c. 19, 6. 13; U G. 4, c. 12. a. 1, 2, 4. Servants, 55 G. 3, c. 19 ; 5 V. c. 43 ; 3 V. c. 48, a. 6. Sligo Water Company, 5 W. 4. c. 38, 8. 28, 30, 35; 19 V. c. 41, 8. 2!. Small Pox, &c., 4 V. o. 3:3, s. 33. Stamps, 28 V. o. 9, s. 60. Sur- veyors, 23 V. c. 40, 8. 2, 5, 8 ; 25 V. e. 27, 8. 3 ; 2i V. c. 40, 8. 14, '2!, 35-28. Tonnage Duties, 23 V-. c. 13, s. II, 12. Towns and Communities &c. 7 V. c. 14 ; U V. c. 14. Traction En- gines, 26 V. S. 2, c. n>, s. 2. Tradesmen, &c. 24 V. c. 12. Tram- roadb, 25 V. o. 44, a. 51. Treason- ablef &c. Meetings, 4 G. 4, c. 13, s. 3 ; 7 W. 4, c. 12, s. 1, 2, 11, 12. Tres- passes, 3 V. c. 43, 8. 13, 14 ; 14 V. c. 46, s. 2-7, 10, 11. Vaccination, 28 V. c. 41, s. 21-23, 25, 26, 28, 36-39. Vestries, &c., 27 V. S. 1, 0. 7, a. 1, 2, 5, 10, 11, . 15-17, 20. 22, 24-27, 30, 33, 45, 47, 50. Weights and Measures, 6 V. c. 28, a. 12, 15-20, 22. Wharves, Public, 7 V. 0. 57. s. 3-9, 11, 19. Witnesses Expen- ses, 20 V. e. 13, s. 4. KINGSTON AQUEDUCT. 36 G. 3, c. 24, Page 367 KINGSTON CORPORATION Page 368 18 V. c. 61, a. 2 ; 49 G, 3, c. 28, g. 1 ; 27 G. 3, 0. 5 ; 18 V. c. 61, B. 3, 5, 20, 23. 33. See Apprentices Parish, 7 G. 4, o. 26, a. 8, 13t18, 20. .Constables, Special, 4 W. 4, c. 29, s. 1, 3, 4, 6, 7. Aaaembly, .22 V. c. 5, s. 34. Coroners, lO V. o.'l2, s. 2. Gunpowder, &c., 3 V. c. 43, a. 10 ; 19 V. c. 14, 8. 1. Hackney Carriages, 10 V. c. 29,8.22. Harboura, 8 Ann, e. 8, a. 4, 6-8 ; 23 V. c. 5, s. 12-14. Haw- kers and) Pedlars, 4 V. c. 11, s. 2-5. Jua- tioes Convictions, 18 V. c. 57, s. 4. Bferkets, 9 V, c. 38, s. 1-6, 8, 9. 21 V. c«12; 27 V. S. 1, c. 10, s 2-6, 7,8. Militia, 22 V. o, 43, a. 2, 3, 5, 7. Oatlis, &c. , 6 V. c. 24 , 8. 2. Paupers, 7 G. 4 , c , 802 INDEX. KINGSTON CORPORATION, Contd. 26, s. 1-7. Porters and Carriers, 1 V. C.38, s. 1-5, 8-10. Prisons, 18 V. c. 23, B. 4. Riots, 21 V. c. 11, s. 1-3. Vestries 27 V. S. 1, 0. 7, s. 8. 12-J5, 22, 24, 28, 30-32, 38, 39, 41, 44, 46-49 ; 16 V. c. 43 ; 23 V. 0. 19, s. 1. Sell. Weights and Measures, 6 V.c. 28, s. 10,11, 14, 17, 18. KINGSTON GAS COMPANY. Page 373 28 V. e- 40. KINGSTON AND LIGUANEA WATER COMPANY. Page 373 22 V. c. 36, o. 12, 38-51, 60-63, 65, 67, 68, 64, 66, 69 KINGSTON POLICE MAGISTRATE. Page 377 21 V. c. 27, s. 1-6, 8. See Justices, 21 V. c. 9, s. 5. KINGSTON RACE COURSE, See Kingston Corporation, 49 G. 3, c. 28, s. 1. Rum, &c. License, 23 V. S. 1, c. 4, B. 23. KINGSTON SLIP DOCK. Page 378 28 V. c. 39, s. 1, 3-5, 8-18, 20. See Loans. KINGSTON THOROUGHFAREJ. Page 380 38 V. c. 24, s. 1-3, 6, 8-12, 14. .See Loans. LAND TAX AND QUIT RENTS Page 382 8 V. 0. 16, s. 1, 2, 7 ; 24 V. c. 26, s. 5. ; 28V. c. 28, s. 3 ; 21 V. c. 34 B.21 ; 26 V. S. 2, c. 21 s. 2 ; 21 V. c. 34, B. 23, 36, 25-35, 37. See Coui't Supreme. 31 G. 2, c. 4, s. 13. Immigrants, 22 V. c. 1, s. 80. Patents, 2 Ann, c. 7, s. 3. LANDS IN SETTLEMENT. See Court of Chancery, 18 V. c. 58, s. 3- LANDS OF SMALL VALUE. See Ejectment, &c. LANDLORD AND TENANT Page 386 25 G. 3, c. 7, s. 1 ; 1 V. c. 26, =. 15. 12, 13, 1-11, 14. 16-19. See Distresses for rent and taxes, 1 V. o. 25, s. 4, 6. Larceny, 27 V. S. 1, o. 33, 8, 59. Malicious Injuries, 27 V. S. 1, 0. 34, B. 13. Martial Law, 11 V. o. 7, s. 3. Petty Debts, 19 V. c. 37, a. 6. LAPSED DEVISES AND BEQUESTg SeeWmB.3V.o.61, s. 37, 88, LARCENY AND OFFENCES CONNEC TED THEREWITH Page 390 27 V. S. 1, c. 33. s. 1 ; 28 V. c 15, s. 2 ; 27 V. S. 1, 0. 33, s. 2-22i 28 V. c. 4, s. 2-6; 27 V. S. 1, o. 33, s. 25103. See Banks, 11 V. o. 11, s. 5. LARCENY, &c., SUMMARILY PUNISH- ABLE. Page 406 20 V. c. 3, s. 1-17, 19 i 27 V. S. 1, c. 13 ; 28 V.c. 18 LAUDANUM, dz.c. See Offences against the person, 97 V. S- 1,0. 32, S.20. LAWS OF ENGLAND. Page 409 8 V. c. 16, s. 7. See Criminal Punishment, 19 V. v. 29, LAWS OF THE ISLAND. Page 409 33 C. 2, c. 24, s. 1 ; 56 G. 3,c. 19, s. 1 ; 60 G- 3, o. 23, s. 5; 10 Ann c. 4, s. 3; 56 G. 3, c. 19, B. 3 ; 60 G. 3, c. 23, s. 1 ; 30 G. 3 c. 20 ; 32 G. 3, 0. 29 ; 47 G. 3, c. 18 ; 59 G. 3, o. 24 ; 53 G. 3, c. 9, s. 2 ; 18 V. c. 31. LAWS, PUBLICATION. See Laws of the Island. LAY ASSESSORS. See Clergy, 22 V. c. 9, ». 5, 6, 18-20. LAZARETTO. See Quarantine, 4 V. c. 32, s. 11, 13, 15 LEASES, AGREEMENTS, SURREN- DERS. Page 411 2 W. 4, 0. 10, s. 2, 3; 8 V, c. 19, s. 3, 10 ; 13 V. 0. 22 ; 28 V. c. 44. See Possessory Title, &e., 4 G. 2, o. 4, b LEASEHOLD PROPERTY, DEVISES OF See Wills, 3 V. c. 51, s. 21. LEGISLATIVE COUNCIL. Page 415 17 V. c. 29, s. 1-12, 34, 52, Soh. ; 17 V. c 31 i 21 V. c. 17, B, 4 ; 21 V. c. 1, b. 17, 19.. See Aliens, 9 G. 4; c. 23. s. 3 ; 14 V. c. 40, s. 3. ABsemblv, 31 G. 3, c. 4 ; 9 G, 4, c. 6. Public Officers, Sureties, 2 W. 4, e.31. LEGISLATIVE PRINTING. Page 417 19 V. c. 3. LEPERS. Page 417 SSV. c. 13, LIABILITY TO CONTRIBUTION. See Companies incorporated, 27 V. S. 2, c. 4, 8. 26. LIBEL. See Defamation. LIBRARY OF ASSEMBLY. See Aasembly, 26 V. S. 2, c. 12; 17 V. 0. 29, Schedule, A. LICENSE AND REGISTRATION DU- TIES. Page 419 28 V. c. 28, s. 1-49, 50. See Militia Volunteers, 28 V. c. 38, o. 63 LIENS OF JUDGMENTS. &c. See Judgments, &o. 8 V. o. 48, s. 10, 15, 11, 14, 16. INDEX. 803 Main Roads Page 429 21 -v. 0. 34, s, 3-5 ; 24 V. o. 26, s. 1, 2, 4 ; 27 V. S. 1, 0. 25, 8. 2-4 ; 26 V. s. 2, o. 5; 27 V. S. 1, c. 24 ; 28 V. c. 26. Parochial Debts. Page 430 18 V. c. 60. Parochial Debts, and Collectins Con- stables' Compensation Page 430 2tV.c. 44,6.1-14 PoBLic Liabilities, 1860 Page 430 24 V. c. 27. Public and Parochial Buildings. Page 430 26 V. S. 2, S Page 461 36 G. 3, c. 33 ; 2S V. c.,4 ; 19 V. o. 25 M4RRlAeE. Page 462 3 V.c. 51, s. 13 ; 4 V. c. 44, s. 8 See Clergy, 22 V. c. 23, s. 22-24, 38-50. Dissenter'sMarriages; Wills, 3 V. o. 51, 8.13. MAlSt:iAGE, BREACH OF PROMISE QF See Evidence, 22 V, c. 16, s. 4 MARRUGESDE FACTO 4V. 0.44, 8. 20-22 Page 462 Page im IJAETIAL LAW. 11 V. c. 7 ; 21 V. c. 20 See Militia, 9 V. o.35, b. 96,97 ; 22 V. c. 43, 8. 13, 14 ; 9 V. 0. 35, 8. 98-109. MUi- tia Volunteers, 28 V. c. 38, s. 43-46. MASTERS IN CHANCERY. Page 463 27 V. S. 2, u. 3, 8. 6 ; 28 V. c. 36, 8. 8-12. MEDICAL PRACTITIONERS. Page 463 13 V. c. 21 , 8. 1-3 , 19 V, e. 17 ; 23 V. g. 1, c 17, 8. 1-6 ; 26 V, S. 2, c. 23, 8 1, 2, 4 23V.S. 1,0.17,8.7-11; 23 vis. 2, c 1 s. 2-4 ; 23 V. S. 1, c. 17. 8. 14-19; 23 v' S. 2, 0. 1, 8. 5. 6 ; 23 V, S. 1, e. 17, s. 21- 24;23V.S.2,c.l,8. 8 U3V.S.1 el7, B.25, 26; 23 V.S. 2,0.1,3.7. ' See t'oroners, 19 V. c. 17. Immigrants 27 V.S. 2, 0.5, 8. 10-13. Public hS pital, 26 V. S. 1, c. 4. s. 16, 17. Vac- cmation, 28 V. c. 41, b. 3, 13,33,34. Whipping, 28 V. c. 18, b. 5, 7. MENACES. See Threats, &c. MERCHANTS BREACH OF TRUST. See Larceny, 27 V. S. 1, c. 33, s. 60-62 MERCHANT SHIPPING Page 468 27 V.S. 1,0. 18. ^ MERRICK'S CHARITY. See Charities Perpetual Annuities, 28 V. c. 23. ' METALS, OLD. 19 V.c. 32. Page 469 METHYLATED SPIRITS. See Rum and Spirits, 27 V. S. 1, o. 2. MILITARY DEFENCES. Page 47l 12 G. J, 0. 11, 8. 3; 6 V. c. 34 ; 19 V. c. 44, 8.45; 26 V. S. 2, c.2; 6G.2,c.l0; 10 G. 2, c. 6 ; 22 G. 2, 0. 19 ; 12 G. 3, o. 12 ; 23 G. 3,0.9; 32 G. 3, c. 25; 34 G. 3,o. 20; 42 G. 3, 0. 27 ; 47 G. 3, o. 27 ; 36 G. 3, o. 33, B.,3; 32 G. 3, e. 31; 35G. 3, o. 42; 38 G. 3, 0. 20 ;. 40 G. 3, c. 35 ; 40 G. 3. e. 36; 44 G. 3, 0. 25 ; 46 G. 3, o. 24 ; 47 G. 3, o. 17 ; 48 G. 3, e. ^ ; 57 G. J, o. 23. MILITIA. Page 473 9 V. 0. 35, a. 3-5, 2, -6; 22 V. 0. 43, ,s. 1 : 9 V. 0. 35, 8, 7,115, 22V.C. 43, 8.2-7; 9 V. c. 35, s. 18 ; 22 V. o. 43, s. 8-11, 17 ; 9 V. c. 85, 8. 231.30; 22 V. c. 43, s. 18j30, 28 V. 0. 38, B. 76 ; 22 V. o. 43, s. 12 ; 9iV. c. 35, s. 35, 114, 36-40, 42-67, 71-82, 88; latDzsx. 805 32 V. 0. 43, s. 15; 9 V. c §5, a 83 ; 15 V. 0. 27 ; 9 V. 0. 35, a. 113, 85-^7, 89, 91-97 : 22 V. c. 43. 8. 13, 14 ; 9 V. 35, a. 98-112; 116, 117 ; 22 V. 0.43. a. 21, 22, 24 ; 28 V. C.38, 8.27. See Assembly, 22,V. o. 5, a. 19. Gover- nor's Secretary, ,3 G-. 4, c. 13, s. 2-4i. Militia Volumleers, 28 V. c. 38, a. 5, 6, 7, 43, 47, 62. Railways, 9 V. c. 23. SBLITIA VOLUNTEEES. Page 489 28 V. c, 38, 8, 1-75, 78. MILK BITER BATH. Page 497 33 G. 3, e. 19 i 44 6. 3, c. 29 ; 34 G. 3, o. 25, a. 1.; 35 G. 3, 0. 26. See PubUo Hoapital, 26 V. S. 1, u. 4, b. 32. MINES AND MINERALS. 18 V. c 59. See Patents, 35 C. 2, «. 12, a 1. Page 497 MINING COMPANIES. Page 497 17 V. c. 32 ; 18 V. c. 42 i 22 V. c. 11. MINING LEASES. 18 V. 0. 32. Page 497 MISCARRIAGE. See Offences against the Person, 27 V. S. I, c. m,B. 49. 50. MISFORTUNE, DEATH BY. See Offencea against the person, 27 V. S. 1,0.32,6.6. MISJOINDER. See Amendment, 27 V. S. 1, o. 14. MISNOMER. See abatement, 8 V. c. 28, s. 5. Indict- ment, 8 G. 4, 0. 22, s. 9. MONEY. See Indictment. 28 V. i. 15, s. 1. MONTH. See Time, Computation of, 18 V. c. 31, a. 6. MORTGAGES. Page 497 33 C.2,o. 12. s. 4 ; 13 G. 3, c. 16 ; 23a 3, c- , , 14 i 25 G. 3, c. 10 ; 8 V. c. 19, s. 7, 8. s SeeAccoants, &o. produce. Building Socie- V • ties, 28 V. c. 17, s. 9, 25. Costs, 24 G. 2, c. 19,8.1,2. Court of Cha/noery, 18 V. '. i c. 5-8, a 2, 4, 5. Deeds, 4 G. 2, c. 5, a. ' ; 5 8;16G. 2, c. 5;8 V.c. 19, a. 9. Min- • ing Leasea, 18 V. e. 32. Obligations, 20 years dormant, 29 G, 3, c, 13, s. 4. . . Possessory Tiae» &.«., 4 G. 2, c. 4. a. 1. ,, MUTINY, INCITIN» 130. See Criminal Piiaiahmeat, V V* c 28, s. 4. MURDER AND ATTEMPTS TO MUR- DER. See C6roner, 8 6. 4, c, 22; s. 4 5. Of- fencesagainst thePerson, 27 V'. S. 1. c. 32, a. 1-3, 5, 7-13. Page 500 MUTUAL DEBTS. 10 G. 3, 0, 1. See Amendments, 27 V- S- 1, o. 14, s. 9 Bants, 11 V. c. 11. g, 4. ComDanieB winding: up, 28 V. o. 42, a. 28; TEitty Debts, 19 V.c. 37, a. U. WrlUeaack. nowledgjmenta, 9 G. 4, c. 26; a. 4r NATURALIZATION. See Aliens. NAVAL OFFICER. 10 G. 4, c. 13. Page 500 NAVAL SERVICE. Page 500 26 V. Sa, 0. 2 ; 13 G. 2, c. 11 ; 29 G. 2, o. 18 i 39 G. 3, 0. 10 ; 59 6. 3, c. 14 : 22 V. 0. 7 ; 23 V. S. 1, c. 7 ; 7 G. 2, c. 4 ; 14 G. 2, 0. 2 ; 56 G. 3, 0. 25 ; 41 G. 3, c. 30, s. 7. NAVAL STORES. Page 50i 32 G. 3, c. 27. NEW ASSIGNMENT. , See Court Supreme Pleadings, 28 V c. 37, a. 31-32. ' NEWCASTLE ROAD., See Troops, 8 V. o. 43. NEW TRIAL-NON-SUIT— ARREST OF JUDGMENT. See Circuit Courts, 28 V. c. 33, s, 5 Court Supreme, 3 V. c. 65, s. 21, 22. NIGHT. See Larceny, 27 V. S. 1, c 33, s. 1. NOLLE PROSEQUI. See Costs, 5 V. c. 50, o. 5. NONJOINDER PLEA. See Abatement, 18 V. c.28, a. 2-4. Amend- ment, 27 V. S. 1, c. 14. NOTARIES PUBLIC. 28 V. c. 16. Page 501 OATHS, AFFIRMATIONS AND DECLA- RATIONS. Page 502 9 6. 4, 0: 19, a. 10; 6 V.c. 24; 26 V. s. 2, ,;. 3; 18 V. c. 31, s. ft See Evidence, 20 V. c. 19, s. 11. 806 INDEX. OBEAH AND MTALISM. Page 503 19 V. c. 30; 21 V. C.24. See Bogues and Vagabonde, 4 V. v. 42, s. 2. OBLIGATIONS, 20 TEARS DOEMANT. Page 503 29 G. 3, c. 13, s. 4. OBSCENE BOOKS, &o. See Criminal Pnnishment, 16 V. c. 15, b. 29. Eogues, &c., 4. V. c. 42, s. 2. OFFENCES AGAINST THE PERSON. Page 504 27 V. S. 1, c. 32, B. 1-57 ; 27 V. S. 1, c. 34, B. 60; 27 V. 8.1,0.32,8.58-62. OFFENCES NEAR BOUNDARIES OF PARISHES, &o., AND ON JOURNEYS. See Indictment, 5 V. c. 29. OFFICERS OF COURTS. See Larceny, 28 V. c. 15, s. 2. OFFICIAL MANAGERS AND ASSIG- NEES. See Larceny, 27 V. S. 1, «. 33, b. 1. OFFICIAL DOCUMENTS, SEALS AND SIGNATURES. See Evidence, 20 V. c. 19, b. 2-5, 9, 10. OFFICERS ASSAULTING. See OffeuceB against the Person, 27 V. S. 1, c. 32, B. 30, 31. OFFICES OF EMOLUMENT ACCEP- - . TANOE. See Assembly, 4 V. c. 19. OWNERSHIP, STATEMENT OF See Injictment, 8 V. c. 22, b. 6. Justices' Conviction, 13 V. c. 35, s. 4. OYER. See Court Supreme Pleadings, 28 V. c- 37. B. 5. PARDON. See Clergy, 22 V. c. 9, s. 27. Malicious Injuries, 27 V. S. 1, c. 34, s. 65. PARISHES. Page 511 33 C. 2, c. 18, B. 12 ; 50 6. 3, c. 15 ; 1 V., c 34 ; 9 v., c. 44 ; 25 V. c. 18, sob. A ; 22 V. c. 5, s. 34 ; 21 V. c. 44, s. 15 ; 22 V. c. 24, 8. 2 ; 24 V: c. 16, s. 18. Clahendon. Page 511 33 C. a, c.' 18, B. 12 ; 12 G. 2, c. 6 ; 31 G- 2, c. 4, s. 1 ; 55 G. 3, c. 23 ; 8 G. 3, c- 12 ; U (J, 4, c 5, PARISHES Contd. Hanovek. Page 511 10 G. 1, c. 5, s. 1 ; 29 G. 3, c. 22 ; 7 V. c. 56 : 31 G. 2, c. 4, B. 1 ; 41 G. 3, c. 23, B. 1, 3, 4, 7, 9 ; 43 G. 3, c. 23 ; 7 G. 4, c. 15, a. 1-4, 8-10, 12, 14-19 ; 3 V. c. 50, 8. 1-48, 53, 5<, 56-63. Kingston. Page 511 5 W. & M. c. 3, 8. 1, 3 ; 39 G. 3, c. 34, i 31 G. 2, c. 4, 8. 1 ; 32 G. 2, c. 3, s. 1 ; 2? G. 3, c. 5 ; 11 V. c. 19 ; 18 V. o. 51 ; 82 V. c. 48 ; 23 V. c. 21. See Harbours, 8 V. c. 8, », 4, 6, 7, 8'; 23 V. c. 5 Manchestee. Page 512 55 G.3, c. 23; 2W.4, .;. 11. Metcalfe. Page 512 5 V. c. 44 ; 1 G. 4, c. 22 ; 5 V. c. 44, ». 16- PoKTLAND. Page 512 9 G. 1, 0. 8, a. 6, 7 1 12 G. 1, c. 10, a. 3 : ■26 Q. 3, c. 7, 8. 1 ; 3 G. 2, c. 1 ; 10 G. 1, c. 8, 8. 6;-8 G. 1, c. 8, B. 1. ; 10 G. 1. c. 8, B. 4; 11 G. 2, c. 5, 8. 14 ; 31 G. 2, c. 4, B. 1 ; 21 G. 3, c. 22. PoKT Royal ' Page 512 33 C. 2, c. 18, 8. 12 ; 35 C. 2, c. 12, s. 2 ; ^ W. & M. c. 4 ; 11 W. 3, c. 4 B. 1, 5 1 3 Ann; c. 2, B. 5 ; 31 G. 2, c. 4, B. 1 ; 3 G. 3, c. 3 ; 14 G. 3, c. 25 ; 23 G. 3, c. 15 ; 41 G. 3, c. 30 ; 6 W. 4, c. 22; 6V. c. 59, s. 2-29, 32- 37, 39-58. See Harbours, 33 C. 2, c. 17, s. 4 ; 8 Ann c. 8, B. 4;3V. c.36 St. Andrew. Page 513 33 C. 2, c. 18, s. 12 ; 5 W. & M. c. 3, a. 1 39 G. 3, c. 34;s31 G. 2, c. 4, s. 1 ; 14 G. 3, c. 25 ; 23 V. c. 21 St. Ann. Page 513 33 C. 2, e. 18, s. 12 ; 31 G. 2, c. 4 s. 1 ; 48 G. 3, c. 14; 46 G. 3, e. 26, s. -1-19, 21, 22, 26, 28, 29, 31-35 ; 48 G. 3, c. 23 ; 5 V. c. 25, s. 2 St. Catherine Page 513 33 C. 2, c. 18 s. 12 , 31 G. 2, o. 4, s. 1 ; 20 G. 2, c. 10,8. 1,2,4-6; 6G.3,c.4; 11 G.3, 0. 14, s. 11 ; 21 G. 3, c. 13 ; 22 G. 2, c. 6, s. 2; 2LG. 2, C.8, 8. 3;31G. 3,c.l4s.9,10 ; 56G,3. c.22;58G. 3,c. 17,8.6; 27 V. S.l, C.7, B.-29; 6G. 4, c. 16; 5 W. 4, c. 24 ; 5 W. 4, c. 39, s. 2-30, 34-36, 38-44, 48- 50; lOV. 0. 45 St. David Page 614 33C.2, c. 18,8. 12; 31 G. 2, c. 4, a. 1 ; 23 G. 3,c. 15; 8 V. c. 8 St. Dorothy. Page 514 33 C. 2, c. 18, 8. 12 ; 31 G. 2, c. 4, s. 1 St. Elizabeth. Page 515 33 C. 2, c. 18, a. 12 ; 2 Anne. 1, s. 1 ; 12 G. 2, c. 6 ; 31 G. 2, c. 4 s. 1 ; 23 G. 3, o.8, a. 1-16, PARISHES Contd. ■35 V. c. 18, s. 66 ; 23 G. 3, c. 8 s. 27-29 ; 51 G. 3, c. 18 ; 55 G. 3, c. 23 ; 7 W. 4, c. 17. See Highways, 25 V. c. 18, s. 66, 67 St. George. Page 515 33C. 2. 0. 18, B. 12 ; 31 G. 2, o. 4, s. 1 ; 41 G. 3,0.22; 58G.3,o.29 ;5V.C.44; 25V. 0.21 St. Jakes'. Page 515 33 C. 2, 0. 18, s. 12; 31 G. 2, o. 4, s. 1 ; 14 G. 3, 0.31, 8.1, 4; 33 G. 3,c.23; 36G.3, 0. 35, 8. 19, 22 ; 42 G. 3, c. 24 ; 56 G. 3, e. 20, 8. 1 ; 1 G. 4, 0.19, 8. 2 ; 6 V. 0. 60; 35 G. 3. 0. 35, s. 1-23. 29-37. 39-43, 49-53 ; 36 G. 3; 0.35, 8. 1-14, 23-29 ; 60 G. 3, 0. 16. St. John. Page 516 33 C. 2, 0. 18, 8. 12 ; 31 G. 2, o. 4, s. 1. St. Makt. Page 516 33 C. 2, c. 18, 8. 12; 31 G. 2, c.4.8. 1 ; 57 G. 3, 0. 20, s. 1, 3, 5, 7, 9-15. ; 1 G. 4, c. 16; 5 V. e. 44. St. Thomas in the East. Page 516 33 C. 2, c. 18, 8. 12 ; 31 G. 2, 0. 4, o. 1 ; 51 G 3, e. 19 ; 8 V. c. 8. St. Thomas in the Vale. Page 516 33 C. 2, e. 18, & 12; 31 G. 2, c. 4,8. 1 ; 57 G. 3,0.26; 5 W. 4; 0.24. Tbelawnet. Page 516 14 G. STc- 31i B. 1, 4 ; 35 G. 3, c. 28 ; 53 G. 3, 0. 19, s. 1-3, 5, 10, 12, 14 ; 1 V. c. 27, s. 2- 24, 26-40, 45, 46, 49-59, 70-73 ; 11 V. c. 37 ; n V. 0. 17 ; 15 V. 0. 32 ; 23 V. S. 1. 0. 20. VEtE. Page 517 .33 C. 2, 0. 18, 8. 12 : 12 G. 2, c. 6 ; 31 G. 2. c. 4, s. 1 ; 55 G. 3, c. 23 ; 51 G, 3, 0. 22. Westmoreland. Page 517 2 Ann, c. 1, s. 1 ; 10 G. 1, c. 5. s. 1 ; 29 G. 3, c. 22; 7 V. c. 56i 31 G. 2, 0. 4, 8. 1 ; 32 G. 2,0.3, 8.1; 56 G. 3, 0. 20 ; 9 G.3. 0. 4, 8. 5, 7-9 ; 19 G. 3- 0. 19, 8. 1 ; 21 G. 3, 0. fl; 53 G. 3, c. 22; 7W. 4, c. 27. PAROL DEMURBEE. See Infants, 18 V. v. 58, s. 1. PARSONAGE HOUSES, GLEBE LAND, See Clergy, 22 V. c'. 23, s. 11. PARTIES TO RECORD. See Evidence, 22 V. 0. 16, s. 2, 4. PARTITION. Page 518 8 G. 1, 0. 5; 8 V. c. 28, 8. 22; 19 V. c. 31, s. 15 ; 43 G. 3, 0. 28 , 8 V. 0. 19, e. 2. See Jarors warned on Writs, &c. 43 G. 3, 0.28. .PARTNERSHIPS, LIMITED. Page 518 lOV. 0. 21. INDEX. 807 PATENTS. Page 518 33 C. 2, 0. 12, 8. 7 ; 35 C. 2, 0. 12, s. 1 ; 2 Ann, c. 7, 8. 1-3 ; 4 G. 2, 0. 4, s. 7. See Escheats. Evidence, 4 G. 2, c. 5, s. 2. Land Tax, &c. 21 V. c. 34, s. 35. Sur- veyors, 22 V. 0. 40, 8. 10, 14. PATENTED IMPROVEMENTS. Page 519 16 V. o. 32, c. 34; 16V.C.33. PATENTS FOR INVENTIONS. Page 519 21 V. c. 30. Page 528 See Vestries, &o. 27 V. S. 1, c. 7, s. 27. PAUPERS. 7 G. 4, 0. 26, s. 1-7, PAWNBROKERS. 11 V. c. 36. Page 529 PAYMENT OV MONEY INTO COURT. Page 535 8 V. 0. 28, s. 10. See Court Supreme Pleadings, 28 V. 0. 37, 8. 18-20. Defamation, 14 V. c. 34, 8.2. PENAL SERVITUDE. 21 V. 0. 14. See Prisons, 18 V. c. 22. Page 535 PENITENTIARY. See Chancery Deposits, 19 V. c. 5, s. 23. Prisons, 16 V. 0. 23 ; 20 V. c. 11. PERJURY AND SUBORNATION. Page 536 4 V. c. 22, s. 1 ; 21 V. 0. 14, s. 3 ; 4 V. c. 22, a. 2, 3 ; 16 V. c. 15, s. 20-22. See Companies Winding Up, 28 V. 0. 42, 6. 56. Evidence, 7 V. 0. 5, s. 2 ; 7 V. 0. 31, s. 1. PERMANENT REVENUE FUND. Page 537 17 V. c. 29, 8. 36-42, 45-48, 50, 53 ; 21 V. c. 34, B. 28. PERPETUAL ANNUITY. See Loan, Government PERSONATING BAIL. See Forgery, 4 V. 0. 46," s. 6 ; 21 V. 0. 14, 8.3. PERSONATING MASTERS, &c. See Sei-vants, 3 V. 0. 48. PETITIONS OF COURSE. See Court of Chancery, 28 V. c. 36, s. 1,2. U E INDEX. PETTY DEBTS. Page 541 19 V. c. 37, B. 2-14 ; 20 V. c. 20, B. 6 ; 19 V. c. 37, s. 15-21 ; 20 V. c. 20, s. 2 ; 19 V. c. 37, a. 22-29, 31-33 ; 20 V. c. 20, s. 7 ; 23 V. c. 35, 8. 4 ; 19 V. c. 37, s. 35, 36 ; 23 V. o. 35, 8. 6 ; 19 V. c. 37, B. 37, 38 ; 23 V. c. 35, B. 3 ; 20 V. c. 20, B. 1 ; 23 V. c. 35, s. 5, 17 ■; 19 V. 0, 37. B. 51 ; 20 V. c. 20, s. 3, 2; 19 V. 0. 37, s. 41-51 ; 20 V. c. 20, b. 4 ; 19 V. 37, B. 52-58; 23 V. o. 35, b. 3. See Falmouth Water Company, 26 Y. S. 2, c. 17, B. 3. Justices, 21 V. o. 9, b. 7, 8, 10. Kingston Water Company, 22 V. c. 36, s. 61. Larceny, 28 V. c. 15, s. 2. Lunatic Asylum, New, 25 V. c. 9, b. 22, 23. Militia Volunteers, 28 V. c. 38, s. 53, 70. Prisons, 20 V. c. 11, s. 64. Public Hospital, 26 V. S. 1, c. 4, b. 35- 37. Eum Duty Collection, 22 V. c. 13, s. 49. Sligo Water Company, 19 V. c. 41, B. 11. PETTY TREASON. See Offences against the Person, 27 V. S. 1, c. 32, B. 7. PEWS. See Clergy, 22 V. i>. 23, o. 12. PILLORY. See Pequry, 4 V. c. 22, o. 1. PILOTS. 19 V. c. 15, s. 2-40. Page 552 PIMENTO. See Produce Protection, 10 G. 4, o. 15. PLANTS, FRUITS, ROOTS, VEGETA- BLE PRODUCTIONS. See Larceny, 28 V. c. 4, s. 2-6: Malici- ous injuries, 27 V. S. 1. c. 31, s. 22, 23. PLEADING AND DEMURRING AT SAME TIME. See Com't Supreme Pleadings, 28 V. c. 37, s 27. PLEADING SEVERAL MATTERS. See Court Supreme Pleadings, 28 V. c. 37,8.28-30. POISON, &c., , ADMINISTERING AND ATTEMPTS. See Offences against the person, 27 V. S- l,c. 32, s. 9,12,21-23. POLICE. See Arrest, 21 V. c. 13, s. 3. Assembly, 22 V. c. 5, s. 2, 3. Clergy, 22 V. c. '9, s. 36. Constabulary Force, 27 V. S. 1, c. 30, B. 21, 29, 34, 35. Ejectments, &c.. POLICE, Contd. 25 V. c. 46, 8. 6. Hackney Cariiages,. 10 V. c. 29, 8. 23. Hawkers and Ped- lars, 4 V. c. 11, s. 5, 9, 12. Highways, 25 V. c. 18, s. 91. Hogs aniT Goats, 22 V. c. 17. s. 3, 6, 10. Immigration,. 22 V. c. 1, s. 40, 48, 54, 83. Justices Convictions, 13 V. c. 35, s. 28 ; 18 V. c. 57, a. 4, 6. Larceny, 27 V. S. 1, o. 33, 8. 55, 56. Lepers, 28 V. c. 13, s. 12. License, &c., Duties, 28 V. c. 28 8. 18, 35, 37. Metals, Old, 19 V. c. 32,. 8. 9, 11. Porters and Carriers, 1 V. c. 38, a. 3, 4, 9 Ppaons, 20 V. c. 11, s. 60 '; 28 V. c. 22, a. 11. Public Hospital, 26 V. S. 1, c. 4, s. 30. Railways, 9 V. c. 23. Rogues and Vagabonds, 3 V. c. 18, s. 8. Towna, and Communities, 7 V. c. 14, 6. 9, 15-20. Treasonable, &c.. - Meetings, 7 W. 4, c. 12, s. 1, 2. Weights and Measures, 23 V. c. 19, s. 4. POOR AND DESTITUTE. See Public Hospital, 26 V., S. 1, c. 4, s. 27 28, 31-37. PORTERS AND CARRIERS Page 560 1 V. ^. 38. POSSESSION. See Malicious Injuries, 27 V. S. 1, u. 34, S.48. ■ ' POSSESSORY TITLE AFTER 7 YEARS. Page 561 4 G. 2, c. 4, s. 1 ; 14 G. 3, c. 5. See Patents, 4 G. 2, c. 4, s. 7. POST OFFICE. See Railways, 9 V. c. 22. POUNDS. 15 V. c. 11, s. 2-25. Page 562 POWERS OF ATTORNEY. See Evidence, 8 V. c. 4?, s. 1 ; 20 V. c. 19^ 6. 2, 9. PRESBYTERIAN INSTITUTION. See Charities, Perpetual Annuities, 28 V. c. 23. PRISONS. Page 568 32G. 2, c. 3,s. 1;56 6. 3,c. 20; 14 6. 3, c 6 1 1 V. c. 28, 6. 7 ; 19 V. c. 31, s. 3 ; 6 V c. 52, s. 1-3, 7 ; 16 V. c. 23 ; 18 V. c. 22 ; 18 V. c. 23, B. 1, 2 ; 24 V. c. 19, s. 3, 4 ; 28 V. c. 22, 8. 8, 9 ; 20 V. c. 11, a. 1. 2; 28 V. c. 22. s, 10; 00 Y. c. 11, s. 4; 28V. c. 22, a. 1, 2, 6, 7 ; ^U V. c. 11, s. 5-16 ; 24 V. c. 19, 6. 1 ; 28 V. c. 22, 8. 5, 3 ; 25 V. c. 31; 20 V. 0.11,8.17; 24V.0. 19, B.3; 28 V. 0.22,8.4; 20 V. 0. 11, 8. 18 ; 28V.C. 22, s. 5 ; 20 V. c. 11, a. 19-40 ; 26 V. S. INDEX. ♦ PEISONS, Contd. 2, c. 18; 20 V. c. 11, s. 41-43, 45-56 : 21 V. 0. 16, s. 1 i 20 V. c. 11, a. 57-60 ; 28 V. c. 22, s. 11 ; 20 V. 0. 11, 9. 61-70; 28 V. c. 22, B. 12. See Circuit Court, 19 V. c. 31, a. 3. Coro- ners, 58 G. 3, c. 23, s. 2; 17 V. c. 23. Customs, 17 V. 0. 2, s. 44. -Gaming, 39 G. 3, c. 12. Justices, Indictable Of- leooes, 13 V. c. 24, s. 1 6, 17, 1 9. Convic- tions, 13 V. c. 35, B. 28 ; 18 V. c. 57, s. 4, 7, 10. MiUtia, 9 V. c. 35, s. 1, 13, 87. ?enal Servitude, 21 V. e. 14, s.7, 8, 15. Tramroad, Kingston, 27 V. S. l,c. 12. Whipping, 28 V. c. 18, s. 5-8. PKIVATE BILLS AND PETITIONS. Page 594 21 V. 0. 17, 0. 1, 4 i 21 V. c. 26, s. 1,2; 28 V. c. 1. PKIVATE EOADS. See Highways, 25 V. o. 18, s. 34, 35, 42. Trespasses, 14 V. c. 46, s. 5. PEIVY COUNCIL. Page 595 17 V. 0. 29, s. 12-14, sch. A. See Clergy, 22 V. c. 9, s. 28 ; 23 V. o. 9 ; 28 V. c. 43, s. 3. Judges, 21 G. 3, o. 25, s;2; 57G. 3,c.l7; 19 V. c. 10, s. 5. Medical Practitioners, 23, V. S. 1, c. 17, s. 22. MlUtia, 28 V.' c. 38, a. 76 ; 22 V. c. 43, 3. 24. Mihtia Volunteers, 28 V. » 0. 38, a. 38, 45. Priaona, 20 V. c. 11 , a. 16, 25. Quaiantine, 4. V. c. 32, s. 2, 3, 5, 6,12,15,20. PEIZE GOODS AND SHIPS. See Customs, 44 G. 3,c. 10. PEIZE STOCK. See Horses and Cattle, 26 V. S. 1, t. 3, a- 7,8. PEODUCE, PEOTECTION OP. Page 595 10 G. 4, c. 15. ■ PEOPEET. See Court Supreme, Pl»adinga, 28 V. c. 37, a. 5, 6. PEOHIBITION. See Mandamus. PEOPEETT, ALLEGATIONS OP See Highways, 25 V. o. 18, a. 2. Indict- ments, 8 G. 4, c 22, s. 6. Justices, 13 V. c. 35, s. 4. Larceny, 27 V. S. 1, c. 33, s. 1. Mainroada, 21 V. c. 32, a. 57. PEOSECUTOES. See Witnesses, &c.. Expenses. I PEOCESS, SEEVICE OF, See Court. Supreme, 33 C. 2, c. 23, a. 4, 5. 10 ; 8 G. 2, c. 5, bJ 16 ; 33 C. 2, c. 23 a. 7 ; 8 V. c. 28, s.2() ; 19 V. c. 10, s. 24. PEOTESTS. See Notaries Public, 28 V.c. 16, s. 3-5. PEOVOST-MAESHAL. Page 595 10 Ann, c. 4, a. 6; 5 G. 4 c. 13 ; J5 G. 3, c. 7, s. 1-4 : 4 G. 4, c. 12 ; 8 G. 2, c. 5, s. 12; 31 G. 2, c. 4, s. 21 ; 19 V. c. 31, s. 2, 5; 19 V. c. 10, s. 55 ; 43 G. 3, c. 20, s. 1.5 ; 7 V. c. 43 ; 43 G. 3, c. 20, a. 6-10 ; 10 Ann, c. 4, s. 8 ; 8 G. 2, c. 5, s. 10, 1-3 ; 14 G. 3, c. 28, s. 16 ; 21 G. 3, c. 23, a. 2 3, 7 ; 19 -^ o. 10, s. 39 ; ,25 G. 3, c. 1. a.' 3 ; -13 G. 3,c. 20, a. 8. 19 V. 0. 31, a. 4, 6 ; 20 V. o. 14, s. 7, 9 ; 21 V. c. 13. a. 12, 13 ; 21 V. o. 23, s. 11 ; 22 V. c, 5. s. 8 ; 10 Ann, c. 4. a. 34 i 8G. 2, c. 5. s. 17 See Arrest, 26 G. 2, c. 2 ; 21 V. c. 13, a. 3- 7, 12, 13 ; 25 G. 3, c. 9, a. 1. Asaembly, 33, C. 2, c. 1 ; 22 V. c. 5, s. 2, 4-16, 20- 22, 36. Attorneys-at-Law, 43 G. 3, o. 20, s. 10. Collectors of Dues, 27 V. S. 1, r. 31, a. 18, 19. Commissiona Spe- cial ; Court of Ordinary, 6 V. c. 55, a.Ji, Court, Supreme, 33 C. 2, c. 23, a. 10, 7 ; 8 G. 2, c. 5, s. 16 ; 8 V- c. 28, s. 20 ; 1» V. c. 10, a. 24. Emblements, 25 G. 3, c. 1, a. 1-3, 7, 8. Eacheats, 33 C. 2, o. 22, B. 2 ; 6 G. 2, c. 7, a. 6. Extent ,- Piuea, &c. 1 G. 3, c. 13, a. 7 ; 19 V. e. 31, s. 14; 1 G. 3. 0. 13, s. 8; 2iy.o. 23 s. 1, 2, 6, 8, 9-12. Foreign Attach- ment, 33 C. 2, c. 23, a. 8. Holidaya, S V. c. 30. Interpleader, 7 V. .c. 32, a. 6» 7. Judgments, 19 V. c. 10, s. 39; 20 V. c. 22, a. 31 ; 14 G. 3, c. 28, u. 1,"), 16. Jn- riea, 19 V. c. 23, a. 5-9 ; 21 V. c. 25, a. 2 = 28 V. c. 33, s. 2 ; 19 V. c. 33, s, 20, 21. Juries, Special, 20 V. c. 14, a. 4, 5, 7. Laud Tax, &c. 21 V. c. 34 a. 29, 30. Landlord and Tenant, 1 V. c. 26.. a. 4, 19. Larceny, 28 V. c. 15, s. 2. Martial Law, 11 V. c. 7, e. 1, 3. Mili- tia, 9 V. c. 35, s. 45. Militia Volunteer,. 28 V. c. 38, a. 61. Mortgages, 23 G. 3, ^ c. 14. Partition, 8 G. 1, c. 5 ; 19 V. o. 31. s, 15. Priaona, 20 V. c. 11, a. 6, 7„ 9.- Eecorda, Public, 11 Ann, c. 4, a. 5. Eeplevina, 33 C .2, a. 23, a. 10 ; 30 G. 3, c. 2, a. 1-3; 27 V. S. 1, c. 28, s. 4. Eiots, 21 V. c. 11, s. 10. Eum Duties Collection, 22 V. e. 13, s. 51, 53, 54. Li- ' censes, 23 V. S. 1, c. 4, a. 5. Sligo Wa- ter Company, 5 W. 4, o. 35. Venditioni ; West Indian Encumbered Eatatea, 24, V. c. 4, a. 2-7. PUBLIC BUILDINGS. Page 60O 17G.2,c. 9,8. 1,4-9; 38 G. 3, c. 21, a. 1, 2; 44 G. 3, c. 21 j 58 G. 3, o. 1-7, 10 ; 27 V. S- 1, c. 7 a. 29 ; 58 G. 3, c. 26 ; 17 V. c. 29,. a. 22, 27. '€10 INDEX. PUBLIC BUILDINGS, contd. J>ei:.i;ira of Works; Executive Com- i';i;*ee,22V.c.33 PLBLIC AND PAROCHIAL BUILD- INGS EEPAIES. Page 601 93 V. S. 1, c. 37; 25 V. o. 16 ; 25 V. c. 17 ; 26 V. S. 2, c. 20;27V. S. l,c.37 .■Sge Vestries, 27 V. S. I, c. 7, s. 38, 39, 44, ,45 iSPUBLIC COMPANIES, CORPORATI- _ ONS, DIEECTOES AND OFFICERS. See Larceny, 27 V. S. 1, t. 33, ». 66-71 PUBLIC HOSPITAL Page 601 46G.3, c.28e. 1,3; 9 V. o. 18, s. 4-7 ; 26 V. S.*l, c. 4, s. 1-28 ; 27 V. S. 2, o. 5, a. 13; 26 V. S. 1, c. 4, 8. 29-38. See Coroners, 17 V. c. 23. Immigrants. 27 V. S. 2, 0. 5, s. 13. Lepers, 28 V. c, 13, s. 4, «, 7. Vaccination, 28 V. c. 41, : s. 15. PUBLIC WORSHIP, DISTURBING. See Criminal Punishment, 1 V. c. 28, s. 4. ■PUBLIC SERVANTS. r See Larceny, 27 V. S. 1, c. 33, s. 55-58. i PUBLIC OFFICERS, SURETIES. Page 607 9 W. 4, c. 31. See European Assurance Society, 27 V. S. 1, c. 35, ;PUIS DARREIN CONTINUANCE. See Couil; Supreme Pleadings, 28 V. u. 37, s. 16, 17. OUALIPICATIONS OF MEMBERS OF ASSEMBLY. See Assembly, 22 V. c. 18, s. 1-3. -QUARANTINE. Page 607 4 V. u. 32, s. 2-29, 37, 38. •ftUEEN'S PURSES. '., See Horses and Cattle, 26 V. S. 1, c. 3, s. 6; 26 V. S. 2,0. 11. ■QUIT RENTS. See Land Tax, &c. BAILWAYS. See Malicious Injuries, 27 V. S. 1, c. 34, s. 4, 28, 29. Offences against the Per- son, 27 V. S. 1 0. 32 s. 27, 28. BAILWAYS CONTETANOE OF MAILS. 3 V. 0. 22. Page 611 RAILWAYS, Contd. COSVEYANCE OF H.M'S FORCES, MlHTIA AND Police Page 614 9 V. c. 23 RAPE. See Oifences against the Person, 27 V. S. l,c. 32 s. 39,43, 54 RECEIVER GENERAL Page 615 31 G. 2, c. 18 ; 4 G. 4, c. 21, s. 2 ; 21 V. c. 34, s. 23, 24, 36 ; 17 V. c. 29, Sch. A. , 21 V. c. 4. a. 1-13 ; 15 G. 3, c. 4, a. 2 ; 21 V. c. 4, a. 14-25 ; 28 V. c. 20, a. 1 j 21 V. 0.4,6.26-30,33. See Chancery Deposits, 4 G. 4, c. 21, s. 2 ; 18 V. c. 33, 8. 2, 5,8, 9. Charities, 28 V. c. 23. Clergy, 7 V. c. 61, s. 3 ; 19 V. c. 6:25 V.c. 36;22V.c. 9,a. 40. Clerk of Peace, 23 V. c. 18, a. 1. Clerk Su- preme Court, 20 V. c. 22 s. 14, 16, 17, 19 ; 20 V. c. 5, s. 6,25,28,29,32, 11-14 ;^ V. c. 10, a. 11 ; 20 V. e.-5, s. 17, 24; 23 V. c. 12, s. 3-8, 9. Collectors of Dues, 27 V. S. 1, c. 31, a. 5, 10, 14. Compa- nieo. Winding Up. 28 V. c. 42, s. 30. Constabulary Force. 27 V. S. 1, c. 30, s. 15, 17, 19, 24, 36-39. Cuatoms, 44 G. 3, c. 10, 8. 3-6 ; 17 V. 0. 33, s. 10 ; 20 V. c. 5, 8. 4, 5 ; 17 V. c. 33, a. 23. Es- cheats, 31 G. 2, c. 18; 17 V. c. 29, s. 36; 18 V. c. 17, a. 2. Fines. ' &c., 1 G. *3, c. 13 8. 1,4; 20 V. c. 22, s. 30; 1 G. 3, c. 13, 8. 7; 19 V. c. 31, s. 14 ; 1 G. 3, c. 13, s. 8, 9 ; 21 V., c. 23, s. 2, 4, 8-10, 12. Free Schools, Governor, 18 V. c. 17 s. 2, 3. Gunpow- der, &c., 19 V.c. 14, 8. 6-9. Harbours 18 V. c. 24, a. 1. Highways, 25 V. c. 18, s. 12. Horses and Cattle, 26 V. S. 1, c. 3, a. 6, 7. 8. Immigranta, 22 V. c. 1, 8. 69, 70 ; 24 V. c. 16, s. 22 ; 25 V. c. 35, s. 5, 21 V. c. 1, 8. 71-74, 80 ; 22 V. c. 4, s. 5 ; 25 V. c. 19, s. 6 ; 28 V. c. 3, a. 4 ; 24 V. c. 16; s. 1 ; 25 V. c. 19. ■?. 6 ; 25 V. c. 35 s. 5 ; 24 V. c. 16, a. 2§, 16-18, 22 ; 25 V. c. 12, a. 33, 10 ; 25 V. c. 18, a. 15, 16, 17, 18 ; 21 V. c. 4, s. 93. Holidays, 8 V. c. 30. Immigration, 22 V. c, 1, 8. 65 ; 24 V. c. 16, a. 19 ; 25 V. C.35, 8.5; 22V.C. 1,8.69-70; 24 V. o 16, s. 22 ; 22 V. 0. 1 , a. 71-74, 80 ; 23 V. c, 29, s. 10; 22 V. c. 4, a. 5 ; 25 V. c. 19, a. 1, 6, 7 ; 28 V. c. 3, s. 4. Import Duties, 28 V. c. 10, 8. 4, 8-10, 12, 15, 17. Indus- tnal Schools 23 V. c. 24 a. 1; 22 V. c. 24, s. 1. Island Curates' Fund, 8 V. c 38, s. 1, 4 ; 15 V. c. 20, s. 1, 2 ; 8 V. c. 38, s. 15;19V. 0.16,8. 1; 8 V.c. 38, a. 5 ; 25 V. c. 34, 8. 1. 2 ; 8 V. c. 38, a. 3 ; 14. . V. 0. 35, s.. 4 ; 15 V. c. 20, s. 4 ; 22 V; c, 23,s. 3;8V.o. 38, s. U; 11 V.c. 16, a. 5 ; 19 V. c. 16, 8.2 ; 11 V. 0. 16, s. 7, 8. Land Tax, &c. 21 V. c. 34, s. 7, 21 ; 23, 36, 26-28, 35, 37. Lepers, 28 V. c. 13, 8. 14. License fee, Duties 28 V. INDEX. BBCEIVER-GENERAL. Coutd. c. 28, 8. 20, 30, 31, 33. 41, 48. Loans ; Lnnatic Asylum, 25 V. c. 9, s 24 . Main Eoads, 25 V. c. 12, s. 9, 10, 32 ; 28 V. c. 10, s. 17 ; 25 V. o. 12, s. 31 ; 21 V. 0. 32, B, 15, 19, 21. Markets 21 V. c. 12, B. 6 ; 27 V. S. 1, c. 10, s. 7. Me- dical Practitioners, 13 V. c. 21, s. 2,3. Merchant Shipping, 27 V. S. 1, c. 18, s. 5-7. Metals, Old, 19 V. c. 32, s. 4. Militia, 22 V. c. 43, s, 4 ; 9 V. c. .35, s. 26, 91, 97, 105, 112, 116 ; 22 V. c. 43, s. 22- Penal Servitude, 21 V. c. 14, s. 11. Prisons, 18 V. c. 23, s. 22 ; 4 V. c. 19, s. 2; 18 V. c. 23, s, 3, 4 ; 28 V. c. 22, s. 7; 20 V. c. 11, s. 7, 11-13, 17, 30, 57, 62-64, 66. Private Bills and Petitions, 21 V. c. 26, s. 1, 2. Provost Marshal, 43 G. 3, c. 20, s. 8. Public Hospital, 26 V. S. 1, 0. 4, s. 37. Quar- antine, 4 V. c. 32, s. 29. Rectors' Fund, 9 V. c. 39, s. 2, 3,14, 7, 8; 18 V. c. 19; 25 V. 0.34; 9 V. c.39, 8. 15; 15 V. 0. 30, s. 3. Rewards for Meritorious Conduct, 27 V. S. 1 , c. 30, s. 38. Riots, 21 V. 0. 11, s. 10, 11. Rum Duties, 27 V. S. 1, c. 5,8. 3; 28V. c. 12 ; 27 V. S. 1, c. 6, B. 4. Rum Duty Collection; Rum, &c.. Warehouses, 22 V. c. 14, s. 3 ; 28 V. c. 27, 8. 18 ; 22 V. c. 14, e. 6-8, Salvage, 53 G. 3, c. 25, s J-6. Saving's Banks, 7 W. 4, c. 14, s. 10-1-2 ; 22 V. o. 41, s. 14 Small Pox, &c., i V. c. 32, s 36. Stamps, 28 V. c. 9, s, 3, 4, 12-16, 92, 30,38, 41,46. 54, .55, 63. Triimroads 25 V. c. 44, s.'36, 3S 43. IVnsteea, IIV. c. 13, a. 1. United States S . M. Communication, 22 V. c. 48, s. 2, 6 ; 23 V. c. 11, 8. 3-5. Vestries, 27 V. S. 1, c. 7,8. 50 ; 16 V. e. 43, s. 8. Weights and Measures, 6 V. c. 28, s. 10, West Indian Incumbered Estates, 24 V. c. 4, s. 4, 5. Wharves. 7 V. c. 57, s. 13-15. Witness Expenses, 1 V. c. 28, s. 19, 20 ; 20 V. c, 13j s. 4. . RECEIVER-GENERAL'S MONEYS TRANSE^EE. Page 623 21 V. c. 39, 8. 1 ; 24 V. c. 7 ; 21 V. o. 39, s. 2; 28 V. c. 20, B. 2-6; 21 V. c. 39, s. 3-8 j 4 V. c. 46, 8. 2, 12; 21 V. 0. 14, s. 3; 21 V. c. 39, 8. 9, 10. RECEIVERS. See Collectors of Dues, 27 V. S. 1, u. 31, 8. 34. Coui-t of Chancery, 15 V. c. 16, B. 17. Larceny, 28 V. c. 15, s. 2. Rum Duty Collection, 22 V. c. 13, s. 48. RECEIVERS OF STOLEN PROPERTY. See Larceny, 27 V. S. 1, c. 33, s. 75-83. Larceny Summarily Punishable, 27 V. S. 1, c. 13. RECORDS OP COURTS OB- PUBLIC OFFICES. See Larceny, 27 V. S. 1' c. 33, s. 17, F 5 811 Page 624 RECORDS PUBLIC 11 Ann, u. 4, a. 5. RECTORS. See Clergy, 19 V. c. 6, s. 1, 4 ; 22 V.c. 23, e. 68-61. Island Curate's Fund, 8 V. c. 38, s. 15. Vestries, &c., 27 V. S. 1, c. 7, s. 23 ; 33 C. 2, c. 7, 8. 1. RECTOR'S FUND. Page 624 9 V. c. 39, s. 2, 6, 3 ; 15 V. c. 30, s. 2, 4-6 ; 9 V. c. 39, 8. 14. 4, 7, 8 ; 18 V. c. 19 ; 25 V. c. 34 ; 9 V. c. 39, s. 10-12 ; 15 V. c. 30, B. 8 ; 9 V. c. 39, B. 13, 15, 16 ; 15 V. o. 30. s. 1, 6, 7 ; 9 V. 0. '39, s. 4 ; 15 V. c. 30, 8, 3 ; 9 V. c. 39, s. 5, 9, 17 ; 22 V. c. 9, 8. 33, 34. See Clergy, 22 V. c. 9, s. 33, 34. RECESS OF ASSEMBLY, VACANCIES DURING See Assembly, 22 V. c. 5, 8. 1. RE-EXCHANGE. See Bills of Exchange, &c. 12 G. 2, «. 3, B. 2; 15G. 3, c.21. REFINED SUGAR. See Customa, 1 V. c. 43. REFUND OF DUTIES. See Customs, 20 V. c. 5, s. 4 ; 1 ? V. c. 33, a. 23 ; 20 V. c. 5, s. 6 ; 17 \'. o. 33, s. 25-29 ; 20 V. c. 5, 8. 17 ; 2fi V. S.-2, c. 19, a. 3. REGISTERS OF BAPTISMS, MARRI- AGES AND BUKIALS. See Clergv, 22 V. c. 23, s. 38-50. For- gery 4 V. c. 4G, 8. 8-10 ; 21 V. c. 14, s. 3 . REGISTERS OF VESSELS. See Evidence, 20 V. c. 19, s. 7. REGISTRATIONS OF JUDGMENTS, See Judgments, 8 V. o. 48, a. 10, 15, 17. REGISTRAR OF THE DKfeESE. See Clergy, 19 V. c. 6, s. 3 ; 22 V. c. 23, 8. 42, 46-50. REGISTRAR IN CHANCERY. See Chancery Deposits, 18 V. c. 33, a. 2, 8. Court of 'Chancery, 3 V. c. 65, s. 6. Escheats, 31 G. 2, c. 18, a. 2 ; 18 V. o. 17, s. 2. Governor, 18 V. c. 17, s. 23. Holidays, 8 V. c. 30. Masters in Chan- cery, 2S V. c. 36, s. 10, 11. R&oords, Public, 11 Ann, c. 4, s, 5. RELIGIOUS WORSHIP, DISSENTERS AND REGISTRATION. Page 628 4 W. 4, c, 41, 8. 70. 812 REMAND OP PEISONEBS. See JuBticea, 13 V. c. 24, e. 14. REMISSION OF DUTIES. See Customs, 20 V. c. 5, s, 17 ; 26 V. s. 2i c. 19, s. 3. Import Duties, 28 V. c. 10, e. 12, 15. Ram Duties Collection, 22 V. 0. 13, s. 35. RENDERING INSENSIBLE, &c. See Offences against the Person, 27 V. s. 1, c. 32, s. 19. RENOUNCING EXECUTORS. See Execators, ifco. 24 V. c 24. REPLEVINS. Page 628 33 C. 2, c. 23, s. 10 ; 30 G. 3, c. 2 ; 27 V. S. 1, c 28 ; 27 V. S. 1, c. 29. See Collectors of Dues, 27 V. S. 1, e 31, s. 38, 39. Courts. Supreme Pleadings, 28 V. c. 37, B. 15. Landlord and Te- uant, 1 V. c. 26, s. 18, 19. Militia, 9 V. c. 35, 6. 86. Mortgages, 23 G. 3,0.14. REPRESENTATIONS RESPECTING 3kd PERSONS. See Written Acknowledgments, 9 G. 4, c. 20, s. 6. RESCUE, &o. See Escape, &c. RETAILERS OF RUM, &c. See Rum and Spirits, 22 V. c. 13, e. 65 ; 18 V. c. 55, 8. 2. Duty Collection, 22 V. c. 13, 8. 66-69 ; 18 V. c. 26, s. 8 ; 22 V. c. 13, 8. 74; 23 V-S. 1, c. 4, s. 1-4, 10-12; 28 V. c. 25, s 2, 3 ; 23 V. S. 1, 0. 4, 8 .19, 21-24; 26, 27, 30-34. Seamen, 35 C. 2, c. 4, s. 6. RETIRED JUDGES AND CHAIRMEN OF QUARTER SESSIONS. Page 629 19 V. c. 11. ^ RESTITUTION OF STOLEN PROPERTY. See Larceny, 27 V. S. 1, c. 33, s. 84. REWARDS FOR MERITORIOUS SER- VICES. Page 629 27 V. S. 1, c. 30, s. 38. See Witnesaea Ezpences, &c. 1 V. c. 28, a. 20. REWARDS FOE STOLEN PROPERTY. See Larceny, 27 V. S. 1, o. 33, s. 85, 86. EIGHTS OF ENTRY. See Contingent Interests. INDEX. RIOTS. Page 630 21 V. c. 11,8. 1 ; 21 V. c. 14, a. 3 ; 21 V. c- 11, s. 2-4, 6-13. See Commissions, Special, 23 V. c. 15. Criminal Punishment, 1 V. c. 28, s. 4. Malicious Injuries, 27 V. S. 1, c. 34, s. 11, 12. ROAD FUNDS. See Highways, 25 V. c. 12, ». 33, 10. ROBBERY. See Larceny, 27 V. S. 1, c. 33, a. 25-28. 30,34. ROBERTSON'S MAPS. Page 631 50 G. 3, c. 15. ROGUES AND VAGABONDS. Page;632 3 V. c. 18, a. 1 ; 4 V. c. 42, s. 2 ; 28 V. c. 5, ' 8 2. ROMAN CATHOLICS. 10 G. 4,c. 12. Page 634 ROYAL MAIL STEAM PACKET COM- PANY. Page 635 6 V. c. 22. RULES AND ARTICLES OF WAR. See Militia, 22 V. c. 43, s. 13. RUM AND SPIRITS. Page 635 33 C. 2, c. 5, a, 4 ; 22 V. o. 13, a. 65 ; 18 V- c. 55, a. 2. Duties. Page 63^ 27 V. S. 1,0. 5, a. 1, 3, ; 28 V. c. 12 ; 27 V. S. 1, c. 5. a. 4. Methylated. Page 636 27 V. S.l,c. 2. Ddty Collection. Page 637 22 V. c. 13, B. 2, 3 ; 28 V. c. 27, a. 8-11 ; 22 V. 0. 13, s. 4-12; 28 V. c. 27, s. 12 ; 22 V. c 13, a. 13-22 ; 28 V. o. 27, a.1-7 ; 22 V. c 13, a. 23, 25. Warehouses. fage 675 22 V. c. 14, a. 1, 2, 3 i 28 V. c. 27, a. 19, 18 ; 22 V. c. 14, s. 4-26 : 28 V. c. 27, a. 20. See Duty Collection, 22 V. c. 13, a. 13, 19-21,25, 27, 30, 31, 36, 38, 43, 56, 62. Licenses. Page 661 18 V. c. 26, a. 8 i 22 V. c. 13, a. 74 ; 23 V. S- 1, c. 4, a. 1-12; 28 V. 0. 25, s. 2,3; 23 V. S. 1, c. 4,8.13-19, 21-29 ; 18 V. c. 55, a. 2; 23 V. S. 1, c. 4, B. 30-38, 40; 28 V. c. 25, a. 4. See Gaming, &c. 33 C. 2, c. 5, s. 3, 5. Rum and Spirita, 33 C. 2, o. 5, a. 4 ; 22 V. 0. 13, a. 65. Duties Colleotion, 22 V. 0, 13, 8. 66-69, 71, 72. IKDISX, 813 ST. DOMINGO, OK HAYTI. 6 V. 0. 13. Page 668 ■ SACEILEGE. See Larceny, 37 V. S. 1, o. 33, s. 35. SALVAGE Page 663 53 G. 3, c. 25, 8. 1-8, 14, 15. See Larceny, 37 V. S. 1, 0. 33, o. 50-52. SATISFACTION. See Judgments, 37 V. S. 1, c. 27, s. 2, 3 ; 11 G. 3, c. 20, s. 2 J 20 V. c. 22, s. 28, 31 ; 14 G. 3, 0. 28, 8. 15, 16. Mortgages, 33 C. 2, 0: 12, a. 4; 8 V. c. 19, s. 7, 8. Petty Debts, 19 V. c. 37, s. 35 ; 23 V. c. 35, s. 5, SAVINGS' BANKS. Page 670 7 W. 4, c. 14, 8.4-14, 16, 17 ; 10 V. c. 18, s. 2. 3 i 7 W. 4, 0. 14, B. 20, 21, 23, 24 ; 22 V. c. 41, a. 1-8, 11-15 ; 24 V. c. 10, s. 2-4. SCIENTIFIC WITNESSES. See Court of Chancery, 27 V. S. 2, c. 3 a. 3, 4. SEAMEN. Page 673 33 C. 2, c. 17, s. 7 ; 35 C. 2, 0. 4, s. 6 ; 9 W. 4, 0. 32 ; 4 W. 4, 0. 19. See Ofieuces against the Person, 27 V. S. 1, c. 32, s. 32. PabUc Hospital, 26 V. S. 1, 0. 4, a. 28, 29. SECONDARY PUNISHMENTS See Penal Servitude. SECRETARY, ISLAND. Page 673 33 C. 2, c. 12, s. 1 ; 11 Ann, c. 4, s. 5 ; 11 G. 4, 0. 4, 8. 4, 5 ; 21 G. 3, c. 23, a. 5 ; 56 G. 3, c. 19, a. 1, 11 ; 60 G. 3, c. 23, s. 5, 6 ; 21 V. c. 34, a. 23 ; 23 V. S. 1, c. 17, s. 7, 11, 24 ; 26 V. S. 2, c. 10, s. 2 ; 56,G. 3, c. 19, a. 2-9 ; 21 G. 3, 0. 23, s. 6 ; 56 G. 3, c. 19, a. 10-17 ; 60 G. 3, c. 23, s. 3, 6 ; 27 V. S. 2, c. 1 ; 4 G. 4, c. li ; 60 G. 3, e. 23, s. 4 ; 11 G. 4, 0. 12 ; 4 V. c. 44, s. 9, 14, 1'5, 18 ; 26 V. S. 2, c. 10 ; 5 V. c. 15. See Companies Incorporated, 27 V. S. 2, c. 4, a. 11, 12, 17. 41. Deeds, 10 Ann c. 4, a. 2. Governor, 18 V. c. 17, s. 2, 3. Holidays, 8 V. c. 30. Land Tax, &c., 26 V. S 2, c. 21, s. 2, 3 ; 21 V. c. 34, s. 23. Laws of the laland, 33 C. 2, c. 24, s. 1 ; 10 Ann, c. 4, 8. 3. Medical Practitioners, 23 V. S. 1 , c. 17, s. 1, 2, 4, 5 ; 26 V. S. 2, 0. 23, s. 1. 2, 4 ; 23 V. S. 1, 0. 17, s. 7-11, 18, 24. Patents, 33 C. 2, c. 12, s. 7. Patents for Inventione, 21 V. 0. 30, s. 16, 20, 22-26. Records, Public, 11 Ann, c. 4. s. 5. Stamps, 28 V. c. 9, s. 29. SEDITIOUS MEETINGS. See TreSBOtable MeetingS,'&c. -"^i SEIZURES. See Customs. 17 V. c. 2, s. 19-22, 24-27. SELF-DEFENCE. See Offences againat the Peraon, 27 V, S. 1, c. 32, sTS. SEPARATE CONFINEMENT. See Prisons, 20 V. c. 11, s, 46-48. SERVANTS. ^ Page 677 25 V. c. 29 i 55 6. 3, c. 19 ; 5 V. c. 43, s. 1-9, 11 ; 3 V. c. 48. See Larceny, 27 V. S. 1, c. 33, a. 53-54. SERVICE OF PROCESS OUT OF JU- RISDICTION. See Court of Chancery, 6 V. 0. 56, s. 1-3- SET OFF. See Mutual Debts. SETTING FIRE TO PROPERTY. See Maliciona Injuries, 27 V. S. 1, c. 34, s. 1-8, 16-18, 33-35. Offences agmnst the Person, 27 V. S. 1, c. 32, s. if SEXTONS. See Clergy, 22 V. 0. 23, a. 36. Kingston ° Corporation, 18 V. c. 61, s. 18. SHEEP. See Larceny, 27 V. S. 1. u. 33, b. 9, 10. SHIP'S STORES. See Customs, 17 V. u. 33, d. 26, 30. SHOAL WATER. See Patents, 35 C. 2, c. 12, s. 1. SHOOTING, CUTTING, WOUNDING, &c. See Offences against the Person, 97 V. S. 1, 0. 32, a. 12, 16-18. SIGNALS, FALSE. , See Malicioua Injuriea, 27 V. S. 1, c. 34, 8.38. SLANDEROUS WORDS TO MAGIS- TRATES. See Criminal Punishment, 1 V. c. 28, s. 4. SLIGO WATER COMPANY. Page 681 5 W. 4, c. 38. a. 16 ; 19 V. c. 41, s. 11 ; 5 W 4,0.38,6.20-24,26; 19 V. c. 41, s. 14; 5 W. 4, c. 38, 8. 27, 28, 30-35, 39; 19 V. c. 41, 8. 15, 16, 29, 21. SMALL POX AND INFECTIOUS DIS- EASES. Page 683 4 Y. c. 32, s, 30-32, 34-36, 38, 814 INDEX. See Quarantine, 4 V. c. 32, s. 4. Vacci- nation, 28 V. c. 41, s. 28. SMITH'S CHARITY. See Charities Perpetual Annuities, 28 V- c. 23. SOCIETY OF ARTS. See United Royal Agricultural Society &c. ft SOLITARY CONFINEMENT. See Criminal Paniulimeut, 1 V. c. 28, s. 5. Forgery, 4 V. c. 46, a. 12. Larceny, 27 V. S. I, «. 33, s. 101. Malicious In- juries, 27 V. S. 1, c. 34, s. 63. Offences against the Person, 27 V. S. 1, c. 32, B. 58. SPECIAL CASES. Page 684. 8 V. c. 28, 8. 13. See Court of Chancery, 15 V. c. 16, s. 10, STAMPS. Page 684 28 V.c. 9. See Clerlf of the Supreme Court, &c., 20 V. c. a-i, Sch. Court of Chancery, 28 v. c. 3G, s. 4-7. Grovernor's Secrelary, 3 G. 4. c. 13. Justices, 21 V. c. 9, s.5. Kingston Police Msigistrate, 21 V. o. 27. Sniveyore, 22 V. c. 40, s. 3, 6, 7. STATE OATHS. See Oaths, See., 6 V. c, 24, s. 9 ; 26 V. S- 2, c. 3. STEAM VESSELS. See Customs, 14 V. c. 56, s. 4. Tonnage Duties, 14 V. ts. 56, s. 2, 3, 23 V. c. 12, 6. 15, 16. STIPENDIARY CURATES. See Clergy, 28 V. c. 43, s. 1 ; 22 V. c. 23, s. 15-] 9. Island Curates' Fund, 8 V. o. 38, s. 12-14 ; 15 V. c. 20, s. 3, 1 , 2 ; 8 V. c. 38, 8. 16 ; 19 V. c. 16, s. 1. STUPEFYING DRUGS. See Offences,'against the Person, 27 V. S- 1, c. 32, 8. 20. SUBPCENA. Page 716. See 20 V. c. 22, Sch. Court of Chancery. 6 V. c. 56, s. 1-3. Justices, 21 V. c. 9, s- 10. SUFFOCATING, STRANGLING, &c. See Oilenoes against the Person, 27 V. S 1, c. a2, s. 19. SUMMONS. See Justices, 13 V. c. 24, s. 1, 4-6; 23 V. c. 16, 8. 1 ; 13 V. 0. 35, 8. 1,2; 23 V. c. 16, s. 1. SUNDAY, GOOD FRIDAY, CHRISTMAS DAY. Page 716 7 V. c. 14, 8. 21 ; 11 V. c. 14, 8. 4 ; 7 V.c. 14, s. 22 ; 7 V. c. 35. See Billiard Tables, 39 G. 3, c. 7, s. 7. Hackney Carriages, 10 V. c. 29. 8. 11. Justices Indictable Offencep, 13 V. o. 24, 8. 3. Prisons, 20 V. c. 11, s. 58, 59. Time, &c., 18 V.c. 31, s. 6. . SUPERINTENDENTS OP WORKS. PUBLIC See Board of Works, 21 V. c. 3, 8. 12-16' SUPREME COURT. See Court, Supreme. SURETY TO KEEP THE PEACE. See Larceny, 27 V. S. 1 , o. 33, s. 99. Ma- licious Injuries, 27 V. S. 1, c. 34, a. 61. Offences Against the Person, 27 V. S. 1, c. 32, B. 59. SURPLUSAGE AND IMPERTINENCES See Court of Chancery, 28 V. c. 36, b., 13 SURVEYORS. Page 716 22 V. c. 40, s. 2-4 ; 25 V. c. 27, s. 1 ; 22 V. c. 40, s. 5 ; -25 V. c. 27, B. 2 ; 22 V. c. 40, s. 32 ; ■6-12, i;.3 V. c. 27, B. 3 ; 22 V. c. 40, s. 14-24 ; 25 V. c. 27. s. 4 ; 22 V. c. 40, s. 25-31, 33, 34. TALESMEN. See Juries, 19 V. c. 23, o. 20. TAVERNS. See Rum Licenses, 23 V. S. 1, c. 4, s. 10- 12,16-19,22,28,29; 18 V. c. 55, s.2; 23 V. S. 1, c. 4,6.31-34. Sunday, &c. 11 V. c. 14, 8. 4. TENDER, LEGAL See Coin, 3 V. c. 39, o. 10 ; 7 V. c- 51 ; 6 V. c. 40. TECHNICAL NICITIES. See Indictment, 8 G. 4, c. 22, s. 9 ; 16 V c. 15, s. 25. THREATS, THREATENING LETTERS. &c. See Larceny, 27 V. S. 1, c. 23, s. 89,— M»- INDEX. licious Injuries, 27 V. S. 1, o. 34, s. 41. Ofiencea against the Person, 27 V. S. 1, 0. 32, s. 14 TIME, COMPENSATION OF. Page 721 18 V. 0.31,8. 6 See Larceny, 27 V. S. 1, o. 33, s. 1. TITLES OF CONGREGATIONS AND RELIGIOUS, &c., SOCIETIES. Page 721 16 V. c. 44. TITLE TO LAND, DOCUMENTS OF. See Larceny, &o. 27 V. S. 1, c. 33, s. 1. TOLLS, ABOLITION See Highways, 26 V. S. 2, c. 8, , Beads, 26 V. S. 2, c. 8. Main TOLL BARS, &c. See Malicious Injuries, 27 V. S. 1, c. 34, 8,27. TONNAGE DUTIES. 46 G. 3, G. 28, B. 1 ; 53 G. 3, c. 22, s 4 ; 60 G. 3, c. 16, 8. 4 ; 1 G. 4, c. 16, s. 2 ; 1 6. 4, c.'20, 8. 4 ; 23 V. c. 20, s. 4 ; 3 V. u. 66, s. 5 ; 15 V. c. 17, s. 9 ; 26 V. S. 2, e. 9, s. 2 23 V.c. 12, a. 10-14 ; 14 V. c. 56, s. 2, 3 16 V. c 27, 8. 1 , 2 ; 23 V. c. 12, s. 15- 17 ; 24 V. c. 3, s. 2-8 ; 26 V. S. 2, c.22 28 V. 0. 39, s. 20. TOWNS AND COMMUNITIES, OFFEN- CES IN. Page 725 7 V. 0. 14, s. 1 ; 11 V. c. 14, s. 1 ; 7 V. c. 14. a. 2-8, 10 ; 11 V. c. 14, a. 1 ; 7 V. c. 14, s. 9, 11, 15-20, 23-28, 30. 31 ; 11 V. c. 14, s. 3,5; 7 V. 0.34. See Gaming 7 V. c. 14, s. 12-14 ; 18 V. c. 46, s. 2-9. Sunday, &.C, TRACTION ENGINES. Page 730 26 V. S. 2, 0. 19. See Malicious Injuries, 27 V. S. 1, u. 34, s. 29. TRADESMEN, BREACHES OP TRUST. 24 V. c. 12, B. 3-13. TRAMROADS. Page 731 25 V. c. S4, s. 3-36, 38-56. See Loans ; Tramroada ; Main Roads, 25 v. c. 12, s. 30, 43. Malicious Injuries, 27 V. S. 1, c. 34, s. 4, 28, 29. Oflenoes against the Person, 27 T. S. 1, c. 32, a. 27, 28. TRAMROAD, KINGSTON. Page 735 27 V. S. 1, 0. 12, 815 P^e 736 TRANSIENT TRADERS. 19 V. 0. 26. TRANSMISSION OP INTEREST. See Court of Chancery, 15 V. c. 16, a. 16, TRANSPORTATION. See Penal Servitude, 21 V. c. 14, o. 1. TRAVERSES, See Court Supreme Pleadings, 28 ■V.e. 37, s. 13, 23-25. Indictment, 16 V. c. 15, s.27;5V.c. 48, s.l, 2, 5. TREASONABLE AND SEDITIOUS MEETINGS, UNLAWFUL OATHS. Page 736 4 G. 4, c. 13, s. 1, 3.5, 7 ; 7 W.,4, u. 12, s. 1, 2 ; -1 G. 4, c. 13. s. 11, 12. See Commissions, Special, 4 G. 4, c. 13, s. 6. Criminal Punishment, 1 V. c. 28, s. 4. ' TREASURERS, &o. See Larceny, 28 V. c. 15, s. 2 TREES, SHRUBS, &c. See Larceny, 27 V. S. 1, c. 33, s. 19, 20, 22 ; 28 V. c. 4, a. 2, 6. Malicious Iniu- ries, &c,, 27 V. S. 1, o. 34, s. 19-21 TRESPASSES Page 737 3 V. 0. 43,8. 13, 14 ; 14 V. c. 46, s. 2-13 TRIAL BY JURY, DISPENSATION WITH. See Juries, 15 V. c. 9, b. 3. TROOPS. Page 739 30 G. 3, c. 9 ; 2 G. 4, c.21 ; 45 G. 3, c. 10 ; 6 G. 4, 0. 16 ; 1 V. c. 22, a. 2, 3 ; 8 V. c. 43. See Railways, 9 V. c. 23. TRUSTEES. Page 739 4 W. 4, c. 33 ; 8 V. 0. 19, ». 8 ; 11 V. c. 13, a. 1, 9, 4. See Accouuta, Produce, &o. Larceny, 27 V. S. 1, c. 33, 8. 1, 65, 70, 71. Pos- ,!, 866801:? Title, &c., 4 G.2, c. 4, s.l. Wills 3V. c. 51,6.25,26. TURTLE. . See Fishing and Fowling. UNDUE PREFERENCES. See Cornpanies, winding up, 28 V. c. 42, a, 52. UNITED ROYAL SOCIETIES OF AGRI- CULTURE, ARTS, &c. Page 740 7 V. c. 49 ■ 27 V. S. 1 c. 22. ' See Horses and Cattle. 26 V. S. 1. c. 3, s. 9. ' 816 ii^i^t. UNITED STATES SHIPS KEGISTEES. Page 740 2 W. 4, c. 47. UNITED STATES STEAM MAIL COM- MUNICATION. Page 740 23 V. 0. 11, s. 2; 27 V. S.l, 0. 1, s. 1 ; 22 V. c. 48, B. 2-7 ; 23 V. c. 11, B. 3-5 ; 27 V. S. 1 , 0. 1, s. 2. UNLAWFUL OATHS. See TreasonaWe, &c.. Meetings. UNNATURAL OFFENCES. See Offence! Againsl) the Person, 27 Y. S. 1, c. 32, s. 51-54. UNWHOLESOME PROVISIONS. See KingBtou Corporation, 18 V. c. 61, s. 14. Markets, 9 V. o. 38, s. 10. UP-PARK CAMP. See Troops, 6 G. 4, c. 16. USE AND OCCUPATION. See Landlord and Tenant, 1 V. c. 26, s. 12. USURY. See Interest, &c. VACCINATION Page 742 28 V. c. 41 VALUABLE SECURITIES See Larceny, 27 V. S. 1, c. 33, s. 1, 14 VARIANCES BETWEEN PLEADINGS AND EVIDENCE Page 750 2 W. 4 c. 10 ; 13 V. c. 7, s. 4 ; 8 V. c. 28, o. 11,12 gee Amendments ; Indictments, 16 V. c. 15, 8. 1-3. Justices Convictions, 13 V. c. 24, s. 6 VEGETABLE PRODUCTIONS. See Larceny, 27 V. S. 1, c. 33, a. 19-22 ; * 28 V. 0. 4, B. 2-6. MalicidUa Injuries, 27 V. S. 1, c. 34, s. 16-23, 43, 44 VENDITIONI EXPONAS Page 751 19 V. 10, s. 39-41; 24 G. 2, c. 16.. s. 1, 2; 19 V. O.10, s. 42; 1-9V.C. 31,s.6;8V. c. 4, s. 9 ; 33 C. 2, c. 23, s. 10, 16 ; 8 G. 1, c. 5, B. 4 See Assembly, 31 G 3, c. 4. Interpleader, 7 V. c. 32 s. 7. Judgments 8 V. o. 48, B. 10, 15, 11-14, 16, 17. Landlord and Tenant, 1 V. c. 26, s. 4. Mortgages, 23 G. 3. c. 14 VENDRYES, HENRY 24 V. «, 25 Page 7-5.S VENUE. See Cironit Court, 19 V. c. 10 g. 26j 22 V. c. 39 B. 3, Court Supreme 31 G. 12, c. 4, B. 5 i 3 V. 0. 65, s. 25 ; 8 V. 0. 28, 8. 8 ; 22 V. c. 39, 8. 4, 3: Indictment, 5 V. c. 29 ; 16 V. c. 15, s. 24. Larceny, 27 V. S. 1, c. 33, 8. 56, 97. Malicious Injn- riep 27 V. S. 1, c. 34 s. 60. uffences against the Person, 27 V. S. 1, c. 32, 8. 8, 57 ; 27 V. S. 1, C, 34, B. 66 VESSELS. See Larceny, 27 V. S. 1, -a. 33, s. 49, 52- Malicious Injuries, 27 V. S. 1, c. 34, s. 33-40. Offences against the Person, 27 V. S. 1, c. 32, s. 11, 15. VESSELS IN DISTRESS See Customs, 12 G. 1 , c. 1 1 ; 28 V. c. 10, s* 11. Larceny, 27 V. S. 1, c. 33 s. 50-52. Offences against the Person, 27 V. S. 1, c. 32 s. 15, 30. Salvage ; Tonnage Du- ties, 16 V. c. 27 8. 2 ; 28 V. c. 39, s. 20. VESTING ESTATES IN CHANCERY. See Court of Chancery, 28 V. c. 36, ». 14. VESTRIES AND CHURCHWARDENS, CLERKS VESTRY, &c. Page 755 27 V. S. 1, c. 7, s. 1-23 ; 33 C. 2, c. 7, s. 1 ; 27 V. S. 1, 0. 7, s. 24-42 , 39 G. 3, c. 22, s. 22; 27 V. S. 1, 0. 7, 8. 43-51, 53, 54; 39 G. 3, c. 22, s. 24 ; 10 V. c. 34 ; 16 V. c. 43; 23 V. c. 19, B. 1. See Apprentioea, Parish, 7 G. 4, c, 26, s. 8, 13-18, 20. AsBemblv, 22 V. c. 5, b. 7, 34; 28 V. c. 2, s., 1 ; 32 V. c. 18, s. 8, 9 ; 28 V. c. 2; s. 4 ; 22 V. c. 18, a. 18-16 ; 27 V. S. 1, c. 17 ; 22 V. c. 18, s. 17, 21, 25, 28-31. BilUard Tables, 39 G. 3, c. 7, 8. 5, 6. Clergy, 22 V. o. 23, s. 11, 12, 37, 54. Coroners, 10 V. c. 12, s. 2 Constables Special, 4 W. 4, c. 29, s. 3. . Falmouth Water Company, 40 G. 3, o 29, a. 14. Gunpowder, &c. 3 V. c. 43, s. 10. Hackney Carriages, 10 V. o. 29, s. 22. Harbours, 23 V. c. 5, a. 2, 12-14. Hawkers and Pedlars, 4 V. c. 11, s. 2-5. Indnstrial Schools, 21 V. c. 41, s. 15. Island Curate's Fund, 8 V. c. 38, s. 17. 11 V. c. 16, s. 2-4. Jamaica Gazette, 8 V. c. 46, 8. 2, 3; 11, 12 ; 14 V. S. 1, o. 4, s. 1. Juries, 19 V. c. 23, s. 4, 5. Jus- tices Convictions, 18 V. c 57, s. 4. Land Tax, &c. 8 V. c. 16, a. 1, 2 ; 21 V. c. 34, s. 21. Lepers, 28 V. c. 13, s. 15. Lunatic Asylum, 25 V. o. 9, a. 15. Mar- kets, 9 V. c. 38, a. 1-6, 8, 9 ; 10 V. c. 30, a. 2; 21 V. c. 12. Martial Law, 11 V. c. 7, s. 5. Militia, 22 V. c. 43. s. 2, 3, 5, 7. . Militia Volunteers, 28 V. c. 38, s. 58. Oaths, &c. 6 V.c. 24, a. 2. Paupers, 7 6. 4, c. 26, s. 1-7. Porters and Carrij-j ers, 1 \ . c. 38, s. 1-5, 8-10. Pounds, 1'5 V. c. 11, 8. 2-5, 12, 13 15, 17-20, 22. Pri- Bons, J8 V, c. 23, s, 4, Public and Paro- ohial Buildings Repairs, 23 V. S. 1, c. 37. Eeoeiver-General, 21 V. c. 4, s. 23. Rector's Fund, 9 V. o. 39, a. 4. Ton- nage Duties,- 53 G. 3, o. 22, a. 4 ; 1 U. 4, c. 16, s. 2 ; 1 G. 4, c. 20, a. 4. Vac- cination, 28 V. c. 41, a. 1, 2, 3, 5, 6. 10-12, 18. Weights and Meaanres, 6 V. c. 28, a. 10, If, 17, 18. VIADUCTS. See Malicious Injuries, 27 V. S. 1, c. 34, s. 26. VICE CHANCELLOR. See Judges, 19 V. c. 10, o. 2-5, 49. VICE ADMIRALITY, OFFENCES WITHIN JURISDICTION. See Forgeiy, 4 V. c. 46, s. 16. Larceny, 27 V. S. 1, c. 33, s. 97. Malicious In- juries, 27 V. S. 1, c. 34, B. 60. Offences against tlie Person, 27 V. S. 1, c. 32, s. 57;27V. S. 1, c. 34, S.60. VOTERS AT ELECTIONS. See Assembly, 22 V. o. 5, s. 13-18, 34 ; 22 V. c. 18, s. 4-33 ; 28 V. c. 2. WAREHOUSES. See Customs, 17 V. c. 2, s. 1 ; 20 V. c. 5, s. 7^ 27 V. S. 1, c. 11 i 17 V. c. 2, s. 2, 14 ; 23 V. c. 10, a. 2; 17 V. c. 2, a. 37,44. 17 V. c. 33, 8. 30 ; 23 V. c. 10, s. 1. WARRANTS. See Justices, 13 V. c. 24, s. 1-8 ; 23 V. o. 16, a. J , 3 ; 35 C. 2, o. 4, s. 7 ; 13 V. o. 24, a. 9, 14-19 ; 13 V. c. 35, a. 2-4 ; 23 V. c. 16, s. 3 ; 13 V. 0. 35, a. 6, 7, 10. WASTE. Page 764 33 C. 2, c. 23, 8. 6 , 19 V. c. 46, a. 3. WATER, PIPES, &o., FOR CONVEY- ANCE OP See Malicious Injuries, 27 V. S. 1, c. 34, a. 25. WEIGHING MACHINES. See Malicious Injuriea, 27 V. S. l,c. 34,* 8.27. WEIGHTS AND MEASURES. Page 764 6 V. c. 28, 8. 2-11 ; 10 V. c. 46, s. 1, 2 ; 23 V. C.19, a. 1, 4 i 6 V. c. 28, s. 12-22, 24, 26, 27. WEST INDIAN INCUMBERED ES- TATES. Page 766 25 V. c, 1 i 24 V. 0. 4, s. 2-7. WHARVES, PUBLIC. Page 767 7 V. c. 57, a. 2-19 ; 27 V. S. 1, c. 21 s. 1. See Droghers, 31 0. 3, c, 3, s. d,6, 14. INDEX. 817 Juries, 19 V. c. 23, s. 2. Lai'Ceny, 27 V. S. 1, c. 33, s. 49. WHIPPING. Page 772 4 V. c. 52, a. 7 ; 19 V. c. 30, s. 2 ; 23 V. c. 11,8.53; 28 V. c. 18, s.2-9. See Constabulary Force, 27 V. S. 1, o. 30, s. 30. Industrial Scliools, 22 V. c. 32, s. 2. Obeah, &c,,19 V. c. 30, a. 2. Prl- eona, 20 V. c. 11, s. 53. WHOLESALE RUM LICENSES. See Rum Licenses, 23 V. S. 1, c, 4, s. 1, 2, 5-6,9-12,17-19,25. ' > > > WILLS. Page 773 3 V. 0. 51, a. 1, 3-6 ; 25 V. c. 26 ; 3 V. c. 51, 8. 7-29. See Court of Ordinary, 6 V. c. 55 ; 18 V. c. 34. Evidence, 4 G. 2, e. 5, s. 3 ; 34 G. 3, c. U, a. 2. Larceny, 27 V. S. 1, c. 33, s. 16. WITNESSES. See Appeals, 21 V. c. 22, s. 29, 30. Jus- tices, 21 V. c. 9, s. 10 1 13 V. c. 24, a. 9, 10, 13, 14, 15 ; 13 V. 0. 35, a. 7, 15. Pet- ty Debts, 19 V. 37, s. 19-21. Sub- poena, 20 V. c. 22, sch. WITNESSES, &c., EXPENSES, CRIMI- NAL PROSECUTIONS. Page 777 10 V. c. 13, 8. 2, 3 ; 1 V. o. 28, a. 19, 20 ; 20 V. c. U, 8. 4. See Larceny, 27 V. S. 1, u. 33, a. 102. Malicious Injuriea, 27, V. S. 1, c. 34, a. 64. Medical Practitioners, 13 V. c. 21. Pawnbrokers, 11 V. c. 36, a. 5. Per- jury, 16 V. c. 15, a, 20. WORKS ON PLANTATIONS. See MaliciouB Injuries, 27 V. S. 1, c. 34, s. 3. 11, 12. Biota, 21 V, c. 11, s. 5, 6. WOUNDING, &c. See Offences Against the Person, 27 V. S. 1, 0. 32, s. 9, 12, 16-18. WRECKS. See Harbours, 33 C. 2, c. 17, s. 4 i 8 Ann, c. 8, 8. 4 ; 23 V. c. 5, s. 9, 10. Larceny, 27 V. 8. 1,0. 33,8. 50-52. WRITTEN ACKNOWLEDGMENTS. 9 G. 4, 0. 20, a. 1, 3-7. 778 WRITS OF ASSISTANCE. See Customs, 17 V. c. 2, e. 22. WRITTEN INSTRUMENTS. See Initials and Contractions, 8 V. e. 28, , a. 6.