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15 Vic. c. 3. Island Act.

force.

1851.

Recovery of fines and

inspectors under

rules,

15 Vic. c. 3.) To organize a general police and constabulary

[December 19, 1851.] 15 Vic. c. 3, sec. 50.] All fines and penalties imposed by this penalties, act, the means of recovering which are not specifically pointed wreased be out and directed, save and exceptsuch as are imposed by the inspec

tors, under the rules and regulations as aforesaid, shall be recogovernor's vered in a summary manner before any two or more of her

majesty's justices of the peace of the parish, or precinct where the offence is committed ; and in default of immediate payment, to be enforced by means of distress and sale of the offender's goods and chattels; and should there be not sufficient goods and chattels whereon to levy, then by commitment to the nearest

gaol, prison, or house of correction, for any period not exceeding Denialties on thirty days; and in respect of any fines and penalties imposed to be de. by this act, for any breach of the rules and regulations, as aforetheir pay. said, the same shall be recovered, by deducting the amount from

any pay due or becoming due to any police officer or policeman and applying the same to the purposes of this act.

15 Vic. c. 11. Island Act.

15 Vic. c. 11.] To consolidate and amend the pound laws.

ISLD. (Dec. 30, 1851.]

1851. Penalties, how to be

15 Vic. c. 11, sec. 25.] All penalties imposed by this act, the recofered. mode of recovering which is not pointed out, shall be recovered

in any summary manner, before any two justices of the peace, for the parish in which the offence was committed, and shall be levied upon the goods and chattels of the offenders; and in default of goods and chattels whereon to levy, then such justices shall sentence the parties to be imprisoned in any gaol or house of correction for any period not exceeding sixty days.

17 Vic. c. 3. Island Act.

17 Vic. c. 3.] Regulating the granting of licences for the retailing of distilled spirits, and for appropriating the revenue thereof.(a)

Isld. [Dec. 1, 1853.]

1853.

Penalties

may be

recovered

17 Vic. c. 3, sec. 22.] All penalties imposed by this act, shall

be recoverable in a summary way, before any two justices of the before two peace of the parish in which the offence shall have been comjustices of mitted, in manner, and under the powers, and according to the

provisions of an act of this island, 13 Vic. c. 35 [ante], intituled, * To facilitate the duties of justices of the peace out of sessions," 80.

(a) In force till Necember 31, 1858,

Island Act.

1853.

26. All penalties and sums which shall be recovered under the 17 Vic. c. 3. provisions of this act shall be applied and appropriated, one moiety thereof to the receiver general, to be by him carried to the credit and in augmentation of the fund for the relief of the appropriapoor of the parish in which such penalty shall have been imposed, penalties. and the other moiety to the informer.

1853.

c. 43.

16 and 17 Vic. c. 73.] For the establishment of a body 16 & 17 Vic. of naval coast volunteers, and for the temporary transfer to the navy British stat. in case of need, of seafairing men employed in other public services.

BRIT. [August 15, 1853.] 16 and 17 Vic. c. 73, sec. 23.] All offences for which any Recovery of

penalties. pecuniary penalty or forfeiture is by this act imposed, shall and may be heard and determined by any justice of the peace in or pear to the place where the offence shall be committed, or where the offender may at any time happen to be; and all such penalties and forfeitures, and any forfeiture of treble value, and also the reasonable costs attending the prosecution to be duly ascertained and awarded by such justice, shall and may be enforced and recovered in the same manner as any pecuniary penalties may be recovered in England or Wales under the provisions of the imperial act, 11 and 13 Vic. c. 43, intituled, “To facilitate 11 & 12 Vie. the performance of the duties of justices," with respect to summary convictions and orders: Provided always, That in all cases in which there shall not be sufficient goods whereon any penalty or forfeiture can be levied, the offender may be committed and imprisoned, with or without hard labour, for any term not exceeding six months; which said act shall be used and applied in Scotland and in Ireland for the recovery of all such pecuniary penalties and forfeitures and forfeiture of treble value, as fully to all intent as if such act had extended to Scotland and Ireland, any thing in the said act, or in the imperial act, 14 and 15 Vic. c. 93, inti- 14 & 15 Vic. tuled, “ To consolidate the acts regulating the proceedings at petty sessions, and the duties of justices of the peace out of sessions in Ireland,to the contrary notwithstanding.

24. One moiety of every such penalty or forfeiture, not includ- Appropria ing the treble value of any articles, shall go to the person who penalties. shall inform or sue for the same, and the other moiety, together with the treble value of any articles, or where the offence shall be proved by the person who shall inform, then the whole of the penalty and such treble value shall be paid over and applied in such manner as the lord high admiral or the commissioners for executing the office of lord bigh admiral shall direct; any thing in the imperial act, 5 and 6 Will. IV.c. 76, intituled, “ To provide iv. c. 76.

c. 93.

5 & 6 Will.

10 d.17.VIc. for the regulation of municipal corporations in England and Wales," British stat. or in any other act of parliament, to the contrary notwithstand

ing; and every justice who shall adjudge any penalty under this act, shall within four days thereafter at the furthest report the same, and his adjudication thereof, to the secretary of the admiralty.

1853.

VIII. CONVICTIONS.

c. 36.

7 WILL, IV. c. 36.] Relative to malicious injuries to property. 7 WILL. IV.

7 Will. IV. c. 40.] Relative to larceny and other offences con- ?W.40. IV. nected therewith. 7 WILL. IV. c. 41.] Relative to offences against the person.

ISLD. [March 4, 1837.]

7 WILL. IV.

c. 41. Island Acts.

1837.

7 Will. IV. c. 36, sec. 35.--7 Will. IV. c. 40, sec. 68.—7 Will. IV. c. 41, sec. 31.) No conviction or adjudication made (under any of these acts), or appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise into the superior courts (sec. 40, supreme court,] [sec. 31, his majesty's superior courts of record,] and no warrant of commitment shall be held void by reason of any defect therein; provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. (a.)

7 Will. IV. c. 36, sec. 36.—7 Will. IV. c. 40, sec. 69.] Every justice of the peace before whom any person shall be convicted of any offence against either of these acts, shall transmit the conviction to the next court of general or quarter-sessions which shall be holden for the parish wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the proper officer of the court, or proved to be

true copy, shall be sufficient evidence to prove viction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown.

con

7 WM. IV. and 1 Vic. c. 36.] For consolidating the laws 7 WILL. IV. relative to offences against the post office.

BRIT. [ 1837. ]

&1 Vic.

c. 36. British stat.

1837.

FORM OF CONVICTIONS.

Schedule 3.

County (or as the
case may be) of Be it remembered, that on the

day of
to wit.
Sat

E. F. of, &c. was duly convicted

(a) Secs. 33, 66, and 29 respectively) of these acts, as to forms of convictions, are superseded by 13 Vic. c. 35. (Post.

7 WILL. IV. &1 Vic.

c. 36. British stat.

1837.

before me one of her majesty's justices of the peace for
in pursuance of an act passed in the first year of the reign
of her majesty Queen Victoria, intituled, An act &c. [title
of this act) for that the said E. F. on the

day of

did (here state the offence as the case may happen to be] contrary to the form of the statute in that case made and provided: for which offence I do adjudge that the said E. F. hath forfeited the sum of

and (if the justices mitigate the penalty) which sum of I do hereby mitigate to the sum of

over and above the sum of

for the costs and charges of G. H. the informer in prosecuting this conviction. Given under my hand and seal the

day of

1 Vic. c. 25. Island Act.

1 Vic. c. 25.] To regulate the costs of distresses for payment of small rents and taxes.

ISLD. [March 24, 1838.]

1838.

Order and judgments and com

1 Vic. c. 25, sec. 5.] All orders and judgments or complaints

[in pursuance of this act] shall be made in the form in the plaints to be schedule hereunto annexed, and may be proved before any court forma in the by proof of the signature of the justice to such order or judgment,

and such orders as regards persons who may have been summoned as witnesses shall be made in such forın as to such justice shall seem fit and convenient.

annexed and manner of proof. Orders as regards witnesses to be made in such form as justice may deem most fit.

SCHEDULE REFERRED TO.

Form of schedule.

Form of order and judgment of the justice before whom complaint is

preferred, where the order and judgment are for the complainant.
For the matter of the complaint of A. B. against C. D. for a
breach of the provisions of an act of the first year of the reign
of her Majesty Queen Victoria, intituled, An act [here insert
the title of this act.]
I, E. F. a justice of the peace for the

parish of
do order and adjudge that the said C. D. shall pay to A.B.
the sum of

as a compensation and satisfaction for unlawful charges and costs, levied and taken from the said A. B. under a distress for (rent or taxes as the case may be) and the further sum of

for costs on this complainant. (Signed)

E. F.

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