1 VIC. c. 28. Island Act

1838.

9. When the sentence of any offender shall be commuted to transportation or imprisonment, and when any offender shall be sent to any county gaol in this island, under sentence of transportation, and shall not be exempted from hard labour in such sentence, it shall be lawful for three of the visiting justices of such gaol to order, and they are hereby required, when the prisoner's health in either of such cases will permit, to order that such prisoner's term of imprisonment shall have expired, or until he or she shall be removed by order of the governor or person exercising the functions of governor.

3 VIC. c. 55

3 VIC. c. 55.] To re-amend the laws of this island relative to Island Act. malicious injuries to property.

1840,

ISLD. [April 11, 1840.]

3 Vic. c. 55.] It shall be lawful for the queen's representative in this island, to extend the royal mercy to any person imprisoned by virtue of the act 7 Wm. IV. c. 36 (ante), although he shall be imprisoned for non-payment of money to some other party than the crown.

6 VIC. c. 53. Island Act.

1842.

When sentence may be commuted, &c.

6 VIC. c. 53.] To provide penitentiaries in this island, for the confinement of convicted felons and other offenders. ISLD. [1842.]

years,

6 Vic. c. 53, sec. 18.] Where any person shall be lawfully convicted of any felony, for which he or she shall be liable to suffer death, or transportation for life or for term of any and such punishment shall be commuted by the executive, upon condition of such convict being kept to hard labour for any specified time, such offender may be kept to hard labour, in either of the penitentiaries for the time specified in such pardon.

7 VIC. c. 5. 7 VIC. c. 5.] For amending the law of evidence in certain Island Act. cases. (a)

1843.

ISLD. [November 7, 1843.]

7 Vic. c. 5, sec. 1.] Whereas it is expedient to prevent doubts respecting the civil rights of persons convicted of felonies, not capital, who have undergone the punishment to which they were

(a) Sce TRIALS AND EVIDENCE. (Ante.)

Island Act.

son hath

victed of

adjudged: Be it therefore enacted, That where any person hath 7 Vic. c. 5. been or shall be convicted of any felony not punishable with death, and hath endured or shall endure the punishment to 1843. which such offender hath been or shall be adjudged for the Where persame, the punishment so endured hath and shall have the like been coneffects and consequences as a pardon from the governor under felony, and the seal of this island as to the felony whereof the offender was dured punso convicted: Provided, that nothing herein contained, nor the ishment, it enduring of such punishment, shall prevent or mitigate any the effect of punishment to which the offender might otherwise be lawfully sentenced on any subsequent conviction for any other felony.

hath en

shall have

pardon.

8 and 9 Vic. c. 89.] For the encouragement of British shipping 8 & 9 VIC. and navigation.

BRIT. [August 4, 1845.]

c. 89. British stat.

1845.

may sus

proceedings

cases.

8 and 9 Vic. c. 89, sec. 47.] It shall and may be lawful for Governors any governor, lieutenant-governor, or commander-in-chief, of of colonies any of her majesty's colonies, plantations, islands, or territories, pend or stay and they are hereby respectively authorized and required, if any in certain suit, information, libel, or other prosecution or proceeding, of any nature or kind whatever, shall have been commenced, or shall hereafter be commenced, in any court, whether in any of the said colonies, plantations, islands, or territories, respectively, touching the force and effect of any register granted to any ship or vessel, upon a representation made to any such governor or commander-in-chief, to cause all proceedings thereon to be stayed, if he shall see just cause so to do, until her majesty's pleasure shall be known and certified to him by her majesty, by and with the consent of her majesty's privy council: and such governor, lieutenant-governor, or commander-in-chief, is hereby required to transmit to one of her majesty's principal secretaries of state, to be laid before her majesty in council, an authenticated copy of the proceedings in every such case, together with his reasons for causing the same to be stayed, and such documents (properly verified) as he may judge necessary for the information of her majesty.

16 and 17 Vic. c. 107.] The customs' consolidation act.

BRIT. [1853.]

16 & 17 VIC. c. 107. British stat.

1853.

sioners of

16 and 17 Vic. c. 107, sec. 243.] The commissioners of the commistreasury or customs may mitigate or remit any penalty or fine, treasury or or any part of any penalty or fine incurred under this or any act customs

may restore

c. 107.

16 & 17 VIC. relating to the customs, or release from confinement any person British stat. committed under this or any act relating to the customs, on such terms and conditions as to them shall appear proper.

1853. seizures,and mitigate or

omit punishments and penalties.

17 VIC. c. 2.

17 VIC. c. 2.] For the warehousing of goods imported into this Island Act. island, and for the prevention of smuggling.

1853.

Jamaica

may on proper

ISLD. [December 1, 1853.]

Governor of 17 Vic. c. 2, sec. 34.] Previously or subsequently to the commencement of any prosecution for the recovery of any fine, cause remit penalty, or forfeiture, incurred under this or any other act of or commute the island relating to the customs, it shall be lawful for the

penalties,

and also

stay proceedings.

governor of this island, or the person for the time being carrying on the functions of the governor, if he is satisfied that such fine, penalty, or forfeiture, was incurred without any intention of fraud, or that it is inexpedient to proceed in the said prosecution, to mitigate, reduce, or forego altogether, such fine, penalty, or forfeiture, and if commenced to stop all further proceedings, by directing her majesty's attorney-general to enter a nolle prosequi, or otherwise, on such information or proceeding, if filed, as well with respect to the share of such fine, penalty, or forfeiture, to which any officer or officers may be entitled, as to the proportion payable into the island treasury, for the use of the public.

399

SUMMARY CONVICTIONS.

I. INFORMATION-COMPLAINT.

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

BRIT. [July 12th, 1837.]

& 1 Vic. c. 36. British stat.

1837.

Form of

&c.

7 Will. IV. and 1 Vic. c. 36, sec. 45.] Every complaint, information, summons, conviction, warrant of distress, or commitment, conviction, or other such proceeding which shall be had or taken for the recovery of any postage debt or penalty under the provisions of the post office acts, may be drawn or made out according to the several forms contained in the schedule hereunto annexed, or to the effect thereof, with such changes therein as the case shall require and every such complaint, information, summons, conviction, warrant, or other such proceeding, which shall be so drawn or made out shall be good and effectual to all intents and purposes whatsoever without stating the case or the facts or evidence in any more particular manner than is required in and by such forms respectively.

FORM OF INFORMATOIN FOR THE RECOVERY OF A PENALTY
UNDER THIS ACT.

County (or as the

case may be) of

A. B. of, &c. [or A. B. an officer of the post office, as the case
may be cometh before me, C. D. Esquire, one of her majesty's
justices of the peace for the said

me the said justice that E.F. of
to wit on the

day of

and informeth
heretofore,
in the year

7 WILL. IV.
& I Vic.
c. 36.

British stat.

1837.

of our Lord

did [here state the offence] contrary to the form of the statute in such case made and provided, whereby the said E. F. hath forfeited for his said offence the sum of £ Taken and received by me the day

and year first above written

FORM OF COMPLAINT WHEREON TO FOUND A WARRANT OF
DISTRESS FOR RECOVERY OF POSTAGE.

A. B. an officer of the post office complaineth to me, E. D.
Esquire one of her majesty's justices of the peace for the said
that the sum of
is due
to her majesty [or

and owing from E. F. of
to the said A. B. if the case be so] for the duty of postage
which he hath refused or neglected to pay, and thereupon the
said A. B. prayeth of me the said justice that the said E. F.
may be summoned to appear and show cause if any he have,
why, due proof being made of the sum due and owing
from him for postage as aforesaid, a warrant or distress
should not be granted for recovery thereof, pursuant to the direc-
tion of the statute in that behalf made.

Taken and received by me the day and year first above written.

7 VIC. c. 25. Island Act.

1843.

Forms of information

tion.

7 VIC. c. 25.] For making and maintaining a railway from Kingston to Spanish Town. ISLD. [31st Dec., 1843.]

7 Vic. c. 25, sec. 117.] All justices of the peace before whom and convic- any person shall be informed against or convicted for or in respect of any offence against this act, may cause the information (wherever an information shall be taken in writing or in print) and the conviction respectively to be drawn up according to the the following forms or any other forms to the same effect as the case may require: (that is to say):