Island Act. 1844. 8 VIC. c. 48. tenements, or hereditaments, as to purchasers, mortgages, or creditors any farther than the same would have done if the same had remained a judgment of such court of common pleas, unless lands, &c., and until a writ thereon shall be actually put in the hands of the provost-marshal-general or other officer appointed to execute the same. not to affect until writ issued. 14 VIC. c. 49. Island Act. 1851. Joint con 14 VIC. c. 49.] An act explanatory of and to extend the benefits of the sixth clause of an act 33 Car. II. c. 23 (ante). ISLD. [May 23, 1851.] 14 Vic. c. 49, sec. 1.] Whereas difficulties have arisen to suitors, in the several courts of common pleas of this island, in consequence of the construction given to the sixth section of an act, 33 CAR. II. c. 23 (ante), for remedy whereof, Be it declared and enacted, That any cause of action at present within the jurisdiction of the several courts of common pleas may be brought, and maintained, and carried to final judgment, and execution, in any of the said courts of common pleas of this island, by, or in the names of, several joint contractors, although of the court. any one, or more, but not all, of such joint contractors, being plaintiffs, shall reside out of the jurisdiction of the said court. tractor may bring an action, though his co-contractors reside out of the jurisdiction Notwith standing the absence of whole of contractors, may be 2. Notwithstanding the absence, from this island, of any sole contractor, or of the whole of several joint contractors, any such action, as aforesaid, may be brought, maintained, and carried to several joint final judgment, and execution, in any court of common pleas of an action this island, where the cause of action shall have arisen within maintained, the jurisdiction of the said court, by, or in the name or names provided the of, such absent sole contractor, or of all such absent joint conrepresented tractors: Provided always, That such plaintiff or plaintiffs be represented by some person or persons in this island, authorized to sue in his or their behalf, by power, on record in the office of the secretary of this island, and, who shall authorize the institution and prosecution of the said suit, or action. plaintiffs are by attorney to sue. Defendant security. 3. The said court of common pleas may, on application of the may require defendant or defendants in any such action, require the attorney or attornies of such absent plaintiff or plaintiffs to give security to the said defendant or defendants for the costs of the said action. 10 ANNE c. 4. Island Act. 1711. Fees of court. 10 ANNE, c. 4.] An act for regulating fees. ISLD. [May 19, 1711.] 10 Anne, c. 4, sec. 10.] The fees of the inferior court shall be: To the judge for signing any process For a summons £ S. d. 0 1 3 007 For confessing judgment out of court For copying and filing a declaration, each For entering a plea, replication, or rejoinder, each For a summons for a jury To the clerk for recording the verdict, and entering judgment, each For a retraxit, discontinuance, or nonsuit, and recording the same, each For an execution and venditioni, each For a scire facias For an exemplification of a record For a subpœna For certifying a record upon a writ of error For a commission to and return of auditors, each For every bond taken upon warrant of arrest or replevin, each For filing a warrant of attorney For a continuance of each court, and replevin, each taxing costs, each To the crier, for every witness sworn 0 0 0 0 0 3660300 1223155 0 3763 0071 13. The fees of the marshals of the inferior courts shall be: For the return of a cæpi corpus, nulla bona, non est For every commitment and releasement, each (a) 0 0 0 0 0 0 71 (a) These are old currency sums. F 67 VII. COURTS OF JUSTICES OF THE PEACE. (a) 1 EDW. III. stat. 2, c. 16.] Who shall be assigned justices and 1 EDW. III. keepers of the peace, (b) ENGL. [A.D. 1327.] stat. 2, c. 16. Engl. stat. 1327. tors of the' peace to be For the better keeping and maintenance of the peace, the Conservaking will that in every county good men and lawful, which be no maintainers of evil or barrators in the county, shall be appointed. assigned to keep the peace. (a) Justices of the peace in Jamaica are appointed to each parish by commission from the governor or person administering the government of the island for the time being by commission under the broad seal of the island. They are not limited to any fixed number. They hold their office pro vita aut culpa. They cannot act though appointed until they have taken out a writ of dedimus from the secretary of the governor, empowering certain persons therein named, or one of them, to administer the usual oaths to them. Justices of the peace are in numerous instances commissioned to act as judges of the courts of Common Pleas The two offices, however, are not necessarily blended, but are separate. The distinction of justices of the quorum is unknown in Jamaica. The power and duties of all the justices as justices of the peace are equal. They rank in precedence according to the dates of their commissions, the custos rotulorum as head of the magistracy taking precedence of rank within his parish. The powers and duties of justices depend on their commissions, and on the several acts which have created objects of their jurisdiction. They are commissioned to preserve the peace, to suppress riots and affrays, to commit felons and inferior culprits; and two or more of them may inquire into and determine felonies and other misdemeanors. Their duties are greatly increased by recent The Brit. stat. 18 Geo. II. c. 20, by A justice of the peace acts ministerially or judicially; ministerially in preserving the peace, hearing charges against offenders, issuing summonses or warrants thereon, examining the informant and his witnesses, binding over the parties to prosecute, and give evidence, bailing the supposed offender, or committing him for trial. Judicially, as when he convicts for an offence. His conviction drawn up in due form and unappealed against is conclusive, and cannot be disputed by action, though if he act illegally, maliciously, or corruptly, he is punishable by information or indictment. When a criminal information is applied (6) Enforced and amended by 4 Edw. III. c. 24. 18 Edw. III. stat. 2, c. 2. 18 EDW. III. stat. 2, c. 2.] Justices of the peace shall be apEngl. stat. pointed, and their authority. ENGL. [A.D. 1344.] 1344. Two or three of the best of reputation in the counties shall be assigned keepers of the peace by the king's commission; and at what time need shall be, the same, with other wise and learned in the law, shall be assigned by the king's commission to hear and determine felonies and trespasses done against the peace in the same counties, and to inflict punishment reasonably according to law and reason, and the manner of the deed. 34 Edw. III. c. 1. 34 EDW. III. c. 1.] What sort of persons shall be justices of Engl. stat. the peace, and what authority they shall have. ENGL. [A.D. 1357.] 1357. Who shall peace, ard what authority they shall have. 34 Edw. III. c. 1.] In every county of England shall be of these, assigned for the keeping of the peace, one lord, and with him three or four of the most worthy in the county, with some learned in the law, and they shall have power to restrain the offending rioters, and all other barrators, and to pursue, arrest, take, and chastise them according to their trespass or offence; and to cause them to be imprisoned and duly punished according to the law and customs of the realm, and according to that which to them shall seem best to do by their discretions and good advisement; and also to inform them and to inquire of all those that have been pillors and robbers in the parts beyond the sea, and be now come again, and go wandering, and will not labour as they were wont in times past, and to take and arrest all those that they may find by indictment, or by suspicion, and to put them in prison; and to take of all them that be not of good fame, where they shall be found sufficient surety and mainprise of their good behaviour towards the king and his people, and the for against a magistrate, the question for Justices are empowered in various The local act, 13 Vic. c. 24, empowers two justices to take bail in cases of felony, where there is not a strong pre sumption of guilt against the party brought before them. It also requires them to take the most material part of the evidence on examination before them in writing, to be returned to the crown office, or to the clerk of the peace (as the case may be), both in charges of felony and misdemeanors. There are many acts made to protect justices in the discharge of their duties, such as to prohibit them from being sued for any oversight without prior notice, and to stop all suits begun on tender made of sufficient amends. But on the other hand, any malicious or tyrannical abuse of their office is severely punishable and persons recovering a verdict against a justice for any wilful or malicious injury are entitled to full costs. (Vide BAIL, PROTECTION, &c. Post. See also PENALTIES, COSTS, &c. Post.) |