15 VIC 31. twenty-three senior sergeants appointed under this act, shall not Island Act. exceed the number of forty-one, as fixed under the said recited 1852. Duration of act Dec. 31, 1834. act. 3. This act in force until thirty-first of December, 1854. 16 VIC c. 45. Island Act. 1853. Justices and vestries to elect one or more common COLLECTION OF PETTY DEBTS. 16 Vic. c. 45.] To regulate the recovery of small debts. (a) ISLD. [April 19, 1853.] 16 Vic. c. 45, sec. 14.] The justices and vestry of the several of parishes parishes of this island shall, at the usual period of electing parochial officers in each year elect for each parish one or more collectors, fit and competent person or persons, as the exigencies of each council of parish may seem to require, and the common council of Kingston shall, at such period, elect for the said city, two fit and comto enter into petent persons as the collectors of petty debts, and no summons, security, &c. warrant, or other proceeding under this act, shall be directed Kingston to elect two. Collectors to, or executed or served by, any collector, until he shall have given security, in a bond to the crown, with one or more surety or suretics, to be approved of by the justices and vestry, or the common council of Kingston, respectively, at the time of appointment, as aforesaid, or within such other period as may be fixed on that behalf, in the penal sum of two hundred and fifty pounds, in the several parishes of this island, other than Kingston, and in the penal sum of five hundred pounds in the city and parish of Kingston, for the due execution by such collector and his deputies, of the duties of such office, and for accounting and paying over all monies collected by or paid to him or them, or which shall otherwise come to his or their hands, in the execution, or by colour of the said office, and which said bond shall stand cautionary for all sums of money to be received and collected by such collector, notwithstanding the sums so received may amount in the aggregate to a sum exceeding the amount of the penalty of the said bond; and the same shall be used for, enforced, and recovered in a summary manner by a summons, according to the form annexed to this act, as and for monies had and received to the use of the plaintiff; and on proof of the bond and of the amount so received by the said collector, or his deputies, under and by virtue of any process issued under this act, judgment shall be given and awarded against the said collector and his surety and sureties, in favour of the plaintiff suing for the same, and shall be enforced against them or either of them. 15. The common council of the city and parish of Kingston (a) As to this act generally, vide COURTS OF JUSTICES OF THE PEACE. (Ante.) Island Act. 1853. sector i Kingston to collector in be appoint shall, within one month after the passing of this act, at a special 16 Vic. c. 45. meeting to be held for that purpose, appoint a second collector of petty debts for the said city and parish of Kingston, for the service and execution of the process of Kingston, under this and the said former acts relating to small debts, and such last mentioned collector on entering into the security required under this act, shall be invested with all the powers, and be entitled to all the fees and privileges, and be subject to all the pains and penalties hereby provided for and imposed upon the collector of petty debts to be appointed under the provisions of this act. ed within one month. collector return, or forming 17. In every case of neglect or omission to make such return, Penalty on or in the performance of any duty on the part of any collector neglecting not otherwise provided for under this act, the offending collector to make shall be liable to a penalty of ten pounds, to be recovered in a not persummary manner before any two justices of the peace of the duty. parish in which such neglect or default shall be made, and in default of payment of such fine or penalty, to be imprisoned in the nearest gaol or house of correction, with or without hard labour, for any period not exceeding thirty days. col extorted, or not duly may impose haid labour. 18. If any collector be charged with extortion, or with not Justices to duly paying or accounting for any money levied or received by order o him, any two justices of the peace of the parish in which the repay money offence shall be alleged to have been committed shall inquire pay money into such charge, and upon being satisfied of the truth thereof, paid, and shall order the repayment of any money extorted, or the pay- penalty and ment of any money levied or received, together with all reason- sentence to able costs and in addition they may impose a penalty not exceeding on convic twenty pounds on such collector, and in default of immediate lector to be payment thereof to sentence him to be imprisoned in the nearest disqualified gaol or house of correction, with or without hard labour for any future. period not exceeding three months, and every such conviction (unless and until reversed) shall operate to discharge such collector from his office, and to disqualify him from holding the office for any parish for the future. tion for the may order pay monies opportunity and may enforce payment or 19. If any collector shall, by wilful default or connivance, or Justices by neglect or omission, lose the opportunity serving, levying, or collector to executing any process issued to him for service or execution, any ich he two justices of the peace of the parish in which such neglect or has lost the omission may take place, upon complaint, and on due proof ofexecuting thereof, may order and adjudge such collector to pay to the party complaining the sum or sums of money sought to be recovered by such warrant or other process, or to such part thereof, as such justices shall think proper, and may enforce payment thereof, together with all costs thereon, by warrant, in the form annexed to this act, and for want of a distress, or of a sufficient distress, to commit such collector to the nearest gaol, for any period not exceeding thirty days, and the justices may, in addi impose a fine for use of parish. Island Act. 1853. 16 VIC. c. 45. tion thereto, or in the first instance, at their discretion, impose a fine on the collector not exceeding five pounds for each such offence, and to enforce such fine, together with all costs thereon, either by the original warrant or by a further warrant, according to the form annexed to this act, and for want of a distress, or of a sufficient distress, to commit such collector to the nearest gaol for any period not exceeding thirty days, such fine to be paid to the treasurer, or collecting constable of the parish, in which such collector shall be appointed, to be appropriated to the use of the poor of the said parish, Provided, That nothing herein contained shall exonerate the surety or sureties of such collector from the penalty of his or their bond in such default. On removal, &c., col cess to his successor. Sureties not from lia 20. On the removal, resignation, or dismissal of any collector is to under this act, he shall deliver over to his successor all sumdeliver pro- monses, or warrants, or proceedings, which may then be in his hands unserved or unexecuted, and such successor shall act upon discharged and inforce such process, summonses, or warrants, and probility for his ceedings in like manner, as if they had been originally directed breach of to him, and the sureties of such collector so removed or dismissed, or who shall have resigned, shall not be discharged from their bond in respect of any breach of duty which may have taken place previously to the transfer of the same to the successor of such collector, nor until such summonses, or warrants, and proceedings shall have been delivered over, and the provisions of this act complied with as hereinbefore directed. duty. WARRANT FOR AMOUNT OF DEBT AGAINST COLLECTOR. Schedule 8. Name of parish Το policeman and constable of the parish of You are hereby required on sight hereof forthwith to levy the sum of against the for by us in favour of the said said said days, gaol, there to remain for the space of aforesaid or be otherwise discharged by due course of law, 16 VIC. c. 45. Island Act. day 1853. of one thousand eight hundred and WARRANT FOR PENALTY AGAINST COLLECTOR. Name of parish or precinct To policeman and constable of the parish of against You are hereby required on sight hereof, forthwith to levy the sum the costs and charges on the warrant to pay the said fine to the treasurer or days, or till he shall have satisfied the said sum and all in the year of our Lord in the parish aforesaid. day of at J. S. Schedule 9. PROTECTION OF MAGISTRACY. 7 JAMES I. c. 5. 7 JAMES I. c. 5.] An act for ease in pleading troublesome and Eng stat, contentious suits prosecuted against justices of the peace, mayors, constables, and certain other his majesty's officers, for the lawful execution of their office. (a) 1009. The plea of an officer impleaded for the execution of his office. ENGL. [1609.] 7 James I. c. 5.] For ease in pleading against many causeless and contentious suits which have been and daily are commenced and prosecuted against justices of the peace, mayors, or bailiffs of cities and towns corporate, headboroughs, port-reves, constables, tithingmen, collectors of subsidies and fifteens, who for due execution of their office have been troubled and molested, and still are like to be troubled and molested, by evil-disposed contentious persons, to their great charge and discouragement in doing of their offices: Be it therefore enacted, That if any action, bill, plaint, or suit, upon the case, trespass, battery, or false imprisonment, shall be brought after forty days next after the end of this session of parliament, in any of his majesty's courts at Westminster or elsewhere, against any justice of peace, mayor, or bailiff of city or town corporate, headborough, port-reve, constable, tithingman, collector of subsidy or fifteens, for or concerning any matter, cause, or thing, by them or any of them done by virtue or reason of their or any of their office or offices, That it shall be lawful to and for every such justice of peace, mayor bailiff, constable, or other officer or officers before named, and all others which in their aid or assistance, or by their commandment, shall do any thing touching or concerning his or their office or offices, to plead the general issue, that he or they are not guilty, and to give such special matter in evidence to the jury which shall try the same, which special matter being pleaded had been a good and sufficient matter in law to have discharged the said defendant or defendants of the trespass, or other matter Defendant laid to his or their charge: And that if the verdict shall pass double costs with the said defendant or defendants in any such action, or the plaintiff or plaintiffs therein become nonsuit, or suffer any discontinuance thereof, That in ever such case the justice or justices, allowed of suit. (a) Made perpetual by 21 James I. c. 12. (Post.) |