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XV. APPEALS. (a)

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.

Islo. (December, 1847.]

Island Act.

1847.

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), entitied, “For the im- 3 Vic. c. 35. provement of the administration of justice.”

11 Vic. c. 30.] Manning's Hill Turnpike.

Isls. (1847.]

11 Vic, c. 30. Island Act.

1847.

Parties

may appeal.

11 Vic. c. 30, sec. 63.) If any person shall think himself aggrieved by any determination or adjudication of any justice nggrieved 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.

64.] At the court for which such notice shall be given, Chairman the chairman, upon due proof of such notice and recognizance sumariis

, 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

(a) Vide 10 Vic c. 37, Courts Of acts thercafler to come in force, has A PPBALS (ante). The omission in sec. encumbered the statute book with the 33 of that act of words of reference as to surplusage. -supra.

Island Act.

11. VICC. 30. 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.

1817.

11 VIC. c. 36. Island Act.

11 Vic. c. 36.] Regulation of pawnbrokers.

Isls. [1847.]

1847.

Appeal.

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.

14 Vic. c. 46.] Trespasses on property.

İsld. [May 23, 1851.)

1851.

Parties

14 Vic. c. 46, sec. 8.) If any person shall think himself usay 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.

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 himuggrieved self aggrieved by any determination or adjudication of any

1851. Parties

1851.

may appeal

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 forth with 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.

46. At the quarter sessions for which such notice shall be court to given, the court shall proceed to hear and determine the appeal orale sau 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 Liunitations

16 and 17 Vic. c. 107, sec. 187.] No appeal shall be prosecuted 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.

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, ráce 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

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. Island Act.

1777.

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. (6)

Isld. [December 22, 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.]

c. 37. Island Act.

1833.

35 Geo III.

c. 18. Island Act.

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 England, viz.:-1. Persons aged 60 years conservators of the peace, chosen and and upwards and incapacitated by weaksworn in by the magistrates in sessions. ness. 2. Judges, magistrates, and official They are of two kinds in Jamaica, viz., petty assignees. 3. Practising barristers, soli. constable, and special constable. The citors, attornies and proctors. 4. Members police so called are specially appointed, of the College of Physicians and Surand haveenlarged powers, including those geons. 5. The clergy. 6. Dissenters being of petty constables, given to them for the teachers or preachers, but not otherwise. purposes of the act under which they are 7. Foreigners naturalized. 8. Soldiers, organized. The acts as to the police are and persons serving in the militia while 15 Vic. c. 3, and 15 Vic. c. 31 (pos.), in on duty. 9. Prosecutors of felons, and force to 31 December, 1854 (post).

other witnesses in attendance at courts of The petty constable's jurisdiction is justice. limited to the parish for which he is chosen and in which he must be resident, but he may execute a warrant anywhere The general duties of a constable are within the jurisdiction of the magistrate to prevent the violation of the laws, who issues or indorses the same. The to apprehend offenders, to

preserve special constable's jurisdiction is much the the peace of his parish,

to attend on same as the petty constable's ; and he is in particular occasions

and to execute part only appointed in particular emer the warrant of coroners and justices of gencies to assist the former in his duties. the peace. In the lawful discharge of

In the absence of local enactment the their duties they may call to their aid exemptions from serving the office of by-standers or their neighbours; and special constable may, so far as appli such persons are bound to assist them on cable, be held analogous to exemptions in pain of five and imprisonment.

DUTIES OF CONSTABLES.

() See APPREHENSION OF OPPENDERS. (Ante.)

(c) The operation of these acts is suspended by 15 Vic. c. 3 (post), until December 31, 1854.

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