1sland Act. 1849. 13 Vic. c. 15. party complaining, or to his attorney or agent, such sum of money as he may may think fit, as amends for the injury complained of in such notice; and after such action shall have been commenced, and at any time before issue joined therein, such defendant, if he have not made such tender, or in addition to such tender, shall be at liberty to pay into court such sum of money as he may think fit, and which said tender and payment of money into court, or either of them, may afterwards be given in evidence by the defendant at the trial, under the general issue aforesaid; and if the jury at the trial shall be of opinion that the plaintiff is not entitled to damages beyond the sums so tendered or paid into court, or beyond the sum so tendered and paid into court, then they shall give a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be nonsuit; and the sum of money, if any, so paid into court, or so much thereof as shall be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of court to him, and the residue, if any, shall be paid to the plaintiff; or if, where money is so paid into court, in any such action, the plaintiff shall elect to accept the same in satisfaction of his damages in the said action, he may obtain from any judge of the court in which such action shall be brought, or from the chief judge, if the action is brought in the common pleas, an order that such money shall be paid out of court to him, and that the defendant shall pay him his costs, to be taxed, and thereupon the said action shall be determined, and such order shall be a bar to any other action for the same cause. In what cases non dict for de fendant. 11. If, at the trial of any such action, the plaintiff shall not suit or ver- prove that such action was brought within the time hereinbefore limited in that behalf, or that such notice as aforesaid was given one calendar month before such action was commenced; or if he shall not prove the cause of action stated in such notice, or if he shall not prove that such cause of action arose in the county or place laid as venue in the margin of the declaration, or (when such plaintiff shall sue in a court of common pleas) within the parish or precinct for which such court is holden, then, and in every such case, such plaintiff shall be nonsuit, or the jury shall give a verdict for the defendant. Damages. 12. In all cases where the plaintiff in any such action shall be entitled to recover, and he shall prove the levying or payment of any penalty, or sum of money under any conviction or order, as parcel of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction, or order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such penalty or sum so levied or paid, or any sum beyond the sum of two pence as damages for such imprisonment, or any costs of suit whatsoever, if it shall be proved that he was actually guilty of the Island Act. 1849. offence of which he was so convicted, or that he was liable by 13 Vic.c 15. law to pay the sum he was ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted, or for non-payment of the sum he was so ordered to pay. 13. If the plaintiff in any such action shall recover a verdict Costs. or the defendant shall allow judgment to pass against him by default, such plaintiff shall be entitled to costs, in such manner as if this act had not been passed; or if in such case it be stated in the declaration that the act complained of was done maliciously, and without reasonable and probable cause, the plantiff, if he recover a verdict for any damages, or if the defendant allow judgment to pass against him by default, shall be entitled to his full costs of suit, to be taxed as between attorney and client; and in every action against a justice of the peace for anything done by him in the execution of his office, the defendant, if he obtain judgment upon verdict or otherwise, shall in all cases, be entitled to his full costs in that behalf, to be taxed as between attorney and client. INTERPRETATION OF WORDS. (@) 9 GEO. IV. c. 19. Island Act. 1828. In all acts relating to offences, the gender shall equally include the female, and &c. 9 GEO. IV. c. 19.] For improving the administration of criminal justice. ISLD. [Dec. 24, 1828.] 9 Geo. IV. c. 19, sec. 8.] Wherever any act of this island masculine relating to any offence, whether punishable upon indictinent or summary conviction, in describing or referring to the offence or subject-matter, on or with respect to which it shall be committhe singular ted, or the offender or the party affected or intended to be the plural, affected by the offence, hath used or shall use words importing the singular number or the masculine gender only, yet the act shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction. WILL. IV. c. 41. 7 WILL. IV. c. 41.] For consolidating and amending the laws Island Act. relating to offences against the person. 1837. Term "hard labour." ISLD. [March 4, 1837.] 7 Will. c. 41, sec. 30.] The term "hard labour," when used in this act, shall be deemed to mean hard labour on the treadmill, or otherwise, within the house of correction, or upon the highways or otherwise, as the convict gang of any such house of correction may be employed. 2 & 3 WILL IV. c. 34. 2 and 3 WILL. IV. c. 34.] For consolidating and amending British stat. the laws against offences relating to the coin. 1832. Rules of interpreta BRIT. [May 23, 1832.] 2 and 3 Will. IV. c. 34, sec. 21.] Where "the king's current tion as to gold or silver coin," or "the king's current copper coin," shall be current (a) For titles of acts, vide Text. (Post.) IV. c. 34. 1832. and criminal mentioned in any part of this act, the same shall be deemed to 2 & 3 WILL. include and denote any gold or silver coin or any copper coin British stat. respectively coined in any of his majesty's mints, and lawfully current in any part of his majesty's dominions, whether within coin, counthe United Kingdom or otherwise; and any of the king's cur- terfeit coin, rent coin which shall have been gilt, silvered, washed, coloured, possession. or cased over, or in any manner altered so as to resemble, or be apparently intended to resemble or pass for any of the king's current coin of a higher denomination, shall be deemed and taken to be counterfeit coin within the intent and meaning of those parts of this act wherein mention is made of false counterfeit coin, resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin; and where the having any matter in the custody or possession of any person is in this act expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in any dwelling-house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or benefit, or for that of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this act. 4 VIC. c. 26.] For regulating gaols, houses of correction, and 4 Vic. c. 26. prisons. ISLD. [December 19, 1841.] .4 Vic. c. 26, sec. 41.] In this act, unless the words shall require a different construction, the word "prison" shall be taken to mean and comprise every gaol, house of correction, penitentiary, lock-up house, prison ship, or other place used for the confinement of persons, charged with, or convicted of any offence or otherwise, or detained by legal authority; and the words "visiting justices" shall be taken to mean and comprise visiting justices duly appointed under this act, and also a visitor appointed to prisons where there are no visiting justices; and the word "prisoners" shall apply as well to females as males, and shall include persons committed to prison for want of bail or sureties, as well as persons charged with or convicted of any offence or otherwise detained by legal authority. Island Act. 1841. 5 VIC. c. 40.] For the better regulation of gaols, houses of correction, aud prisons. ISLD. [1842.] 5 Vic. c. 40, sec. 8.] For the construction of this act in cases where the singular number only is used, the word importing the singular number shall be held to include or shall be applied to several persons and things as well as one person or thing, in the same manner as if the plural number had been also used, and in cases where the plural number is used, the word importing the plural number shall be held to include those applied to one person or thing, as well as several persons and things, in the same manner as if the singular number had also been used, and when any word in this act shall import the masculine gender only, the same shall be held to include and be applied to females as well as males in the same manner as if the word importing the feminine gender had also been used. 6 VIC. c. 38. Island Act. 1842. Interpreta 6 VIC. c. 38.] As to tradesmen and artificers. ISLD. [1842.] 6 Vic. c. 38, sec. 12.] In this act the following words and tion clause. expressions shall have the several meanings hereby assigned to them, unless there is something in the subject or context repugnant to such construction (that is to say): words importing the singular number shall include the plural number, and words importing the plural number shall include the singular. Words importing the masculine gender, shall be understood to include and apply to females as well as males. The expression superior courts," shall mean, her majesty's supreme court of judicature and courts of assize. The word "oath" shall include affirmation in case of quakers, or other declaration or solemnity lawfully substituted for an oath in the case of other persons exempted by law from the necessity of taking an oath. word "justice" shall mean justice of the peace for the parish or precinct where the matter requiring the cognizance of any justice shall arise, and who shall not be interested in the matter. 66 The 6 VIC. c. 59. Island Act. 1842. Number. 6 VIC. c. 59.] For regulating the police of the town of Port Royal. ISLD. [1842.] 6 Vic. c. 59, sec. 59.] In the construction of this act, in cases where the singular number only is used, the word importing the singular number shall be held to include and shall be applied to several persons or things, as well as one person or thing, |