XV. APPEALS. (a) Island Act. 11 VIC. c. 14.] To make provision for the maintenance of good 11 Vic. c. 14. order in towns and communities, and for other purposes. ISLD. [December, 1847.] 1847. the chair sessions. 11 Vic. c. 14, sec. 5.] If any person shall think himself Appeals to aggrieved by any conviction of any magistrate, acting in pur- man of suance of this act, such person may appeal to the chairman of quarter quarter sessions for the parish or precinct wherein such conviction shall have taken place, according to the provisions of an act of this Island, 3 Vic. c. 65 (ante), entitled, "For the im- 3 Vic. c. 35. provement of the administration of justice." 11 Vic. c. 30.] Manning's Hill Turnpike. ISLD. [1847.] 11 VIC. c. 30. Island Act. 1847. may appeal. 11 Vic. c. 30, sec. 63.) If any person shall think himself Parties aggrieved by any determination or adjudication of any justice aggrieved or justices under the provisions of this act, such person may appeal to the chairman of quarter sessions for the parish in which such cause of appeal shall have arisen, but no such appeal shall be entertained unless it be made within one month next after the making of such determination or adjudication, and unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, and unless the appellant, within three days' after such notice, enter into recognizance with two sufficient sureties, before a justice conditioned to prosecute such appeal, and to abide the order of and pay such costs as shall be awarded by the said chairman, and also to pay the penalty or forfeiture, in case the conviction should be affirmed. summarily, 64.] At the court for which such notice shall be given, Chairman the chairman, upon due proof of such notice and recognizance may appes. having been given and entered into as aforesaid, shall proceed to or adjourn. hear and determine the appeal in a summary way; or he may, if he think fit adjourn it to the following court; and upon the hearing of such appeal the chairman may, if he think fit, mitigate any penalty or forfeiture, or may confirm or quash the adjudication, and order any money, paid by the appellant, or levied by distress 11 Vic. c. 30. Island Act. 1817. upon his goods, to be returned to him, and may make such order concerning the costs, both of the adjudication and of the appeal as he may think equitable. 11 Vic. c. 36. Island Act. 1847. Appeal. 11 Vic. c. 36.] Regulation of pawnbrokers. ISLD. [1847.] 11 Vic. c. 36, sec. 31.] If any person shall think himself aggrieved by any conviction of any magistrate in pursuance of this act, such person may appeal to the chairman of quarter sessions for the parish or precinct wherein such conviction shall have taken place, according to the provisions of an act of this island, passed in the third year of the reign of her present majesty, [3 Vic. c. 65.] 14 VIC. c. 46. Island Act. 1851. Parties aggrieved decision of 14 VIC. c. 46.] Trespasses on property. ISLD. [May 23, 1851.] 14 Vic. c. 46, sec. 8.] If any person shall think himself may appeal aggrieved by any determination or adjudication of any justices against the under the provisions of this act, he may appeal to the chairman the justices. of the general quarter sessions of the parish or precinct in which the cause of appeal shall have arisen, but no such appeal shall be entertained unless it be made within three calendar month next after the adjudication or determination, and unless notice of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought; such notice, if in writing, to be served upon or left at the residence of the parties entitled to receive the same, within seven days of such adjudication as aforesaid; and, if a verbal notice, then and in such case to be given in open court immediately after such adjudication as aforesaid; and unless the appellant forthwith, after such written or verbal notice, enter into recognizance with two sufficient sureties before any justice of the peace of the parish in which the offence may have been committed conditioned duly to prosecute such appeal and to abide the order of the court thereon. 14&15 VIC. .79. British stat. 1851. Parties 14 and 15 VIC. c. 79.] Steam navigation. BRIT. [August 7, 1851.] 14 and 15 Vic. c. 79, sec. 45.] If any person shall think himaggrieved self aggrieved by any determination or adjudication of any c 79. 1851. may appeal sessions on justice with respect to any penalty or forfeiture under the 14 & 15 VIC. provisions of this act, he may appeal to the general quarter British stat. sessions for the county or place in which the cause of appeal shall have arisen, but no such appeal shall be entertained unless, within one month next after the making of such determination to quarter or adjudication, ten days' notice in writing of such appeal, stating giving the nature and grounds thereof, be given to the party against security. whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognizances with two sufficient sureties before a justice conditioned duly to prosecute such appeal and to abide the order of the court thereon. make such reasonable. 46. At the quarter sessions for which such notice shall be Court to given, the court shall proceed to hear and determine the appeal order as in a summary way, or they may, if they think fit, adjourn it they think to the following sessions: and upon the hearing of such appeal, the court may if they think fit mitigate any penalty or forfeiture, or they may confirm or quash the adjudication and order any money paid by the appellant or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they judge reasonable, and they may make such order concerning the costs both of the adjudication and of the appeal as they think reasonable. 16 and 17 VIC. c. 107.] Customs' consolidation act. BRIT. [1853.] 16 & 17 VIC. c. 107. British stat. 1853. 16 and 17 Vic. c. 107, sec. 187.] No appeal shall be prose-Limitations cuted from any decree or sentence of any of her majesty's courts of appeals in America touching any penalty, or forfeiture imposed by this or any act relating to the customs, unless the inhibition shall be applied for and decreed within twelve months from the time when such decree or sentence was pronounced. abide an ralty. 188. If any proceedings shall have been or shall hereafter be Security to instituted in any court of Vice-Admiralty or other competent court appeal from iu any of her majesty's possessions abroad against any ship, vessel, vice admiboat, goods, or effects, for the recovery of any penalty or forfeiture under this or any act relating to the customs, the execution of any sentence or decree restoring such ship, vessel, boat, goods, or effects to the claimant thereof, which shall be pronounced by the said Vice-Admiralty Court in which such proceedings shall have been prayed shall not be suspended by reason of any appeal which shall be prayed and allowed from such sentence; Provided, That the party or parties appellate shall give sufficient security to be approved of by the court to render and deliver the ship, vessel, boat, goods or effects, concerning which such c. 107 1853 16 & 17 Vic. sentence or decree shall be pronounced, or the full value thereof, British stat. to be ascertained either by agreement between the parties, or, in case the said parties cannot agree, then by appraisement under the authority of the said court to the appellant or appellants in case the sentence or decree so appealed from shall be reversed, and such ship, vessel, boat, goods or effects be ultimately condemned. CONSTABLES AND POLICE. (a) c. 17. 18 GEO. III. c. 17.] To empower the justices and vestry of the 18 GRO. III. several parishes in this island to hire good and sufficient men to serve as constables. (b) ISLD. [December 22, 1777.] Island Act. 1777. 4 WILL. IV. c. 37.] For providing constables to attend in the 4 WILL. I. several courts of this island. (c) ISLD. [December 12, 1833.] 35 GEO. III. c. 18.] For the better regulating the police within the town of Kingston. ISLD. [1794.] 18 Geo. III. c. 18, sec. 2.] The officers and privates of the night guard to be appointed in pursuance of this act shall and they are hereby authorised to patrol, keep watch and ward (a) These, as in England, are ancient conservators of the peace, chosen and sworn in by the magistrates in sessions. They are of two kinds in Jamaica, viz., petty constable, and special constable. The police so called are specially appointed, and have enlarged powers, including those of petty constables, given to them for the purposes of the act under which they are organized. The acts as to the police are 15 Vic. c. 3, and 15 Vic. c. 31 (post), in force to 31 December, 1854 (post). The petty constable's jurisdiction is limited to the parish for which he is chosen and in which he must be resident, but he may execute a warrant anywhere within the jurisdiction of the magistrate who issues or indorses the same. The special constable's jurisdiction is much the same as the petty constable's; and he is in part only appointed in particular emergencies to assist the former in his duties. In the absence of local enactment the exemptions from serving the office of special constable may, so far as applicable, be held analogous to exemptions in (b) See APPREHENSION OF Offenders. ness. England, viz.:-1. Persons aged 60 years and upwards and incapacitated by weak2. Judges, magistrates, and official assignees. 3. Practising barristers, solicitors, attornies and proctors. 4. Members of the College of Physicians and Surgeons. 5. The clergy. 6. Dissenters being teachers or preachers, but not otherwise. 7. Foreigners naturalized. 8. Soldiers, and persons serving in the militia while on duty. 9. Prosecutors of felons, and other witnesses in attendance at courts of justice. DUTIES OF CONSTABLES. The general duties of a constable are to prevent the violation of the laws, to apprehend offenders, to preserve the peace of his parish, to attend on particular occasions and to execute the warrant of coroners and justices of the peace. In the lawful discharge of their duties they may call to their aid by-standers or their neighbours; and such persons are bound to assist them on pain of fine and imprisonment. (Ante.) (c) The operation of these acts is suspended by 15 Vic. c. 3 (post), until December 31, 1854. c. 37. Island Act. 1833. 35 GEO III. c. 18. Island Act. 1794.. |