II. COURTS OF ASSIZE AND GAOL DELIVERY. 31 GEO. II. c. 4.] For dividing the island of Jamaica into three counties, and for appointing justices of assize, oyer, and terminer, in two of the said counties. ISLD. [October 19, 1758.] committed sex to be 31 Geo. II. c. 4, s. 2.] All crimes and offences whatsoever Offences against the peace of our lord the king, committed or done in Middlewithin the county of Middlesex, shall be heard and determined tried in by the oaths of good and lawful men of the said county of supreme Middlesex, in the supreme court,' in like manner as they have heretofore been, anything in this act to the contrary notwithstanding. court. (1) Surrey be justices of 3. All indictments, presentments, and informations, (which Those in shall be) found or filed in the supreme court of judicature, for fore the crimes and offences against the peace of our lord the king, com- assize in mitted or done in the county of Surrey, shall be heard and Kingston. determined by the oaths of good and lawful men of the county of Surrey, before the justices in this act mentioned, at the town of Kingston, and not elsewhere; and all indictments, presentments, and informations, (which shall be) found or filed in the supreme court, for crimes and offences against the peace of our lord the king, committed or done in the county of Cornwall, For Corre shall be heard and determined by the oaths of good and lawful the justices men of the county of Cornwall, before the justices in this act Mar. (1) mentioned, at the town of Savanna-la-Mar,2 in the said county of Cornwall, and not in the supreme court. There is now a separate court of assize in Middlesex. These courts sit three times a year concurrently, with the sittings at Nisi Prius, viz.: For MIDDLESEX, in Spanish Town, the third Monday of February, of June, and of October, respectively, immediately after each term in banc. For CORNWALL, at Montego Bay, the second Wednesday after expiration of the two weeks appointed for each of the Middlesex assize courts. For SURREY, at Kingston, the second Monday after the expiration of the two weeks appointed for each of the Cornwall assize courts, next following the February and June terms of banc. And, as to October term of banc, on the first Monday in January, yearly. [Vide 3 Vic. c. 65, s. 13. 6 Vic. c. 29, s. 2. 13 Vic. c. 33, s. 2. Also vol. ii. COURTS of NISI PRIUS. 20. 2 Now Montego Bay, 56 Geo. III. c. wall before at Sav. la 31 GEO II. c. 4. 4. Nothing in this act contained shall extend, or be construed Island Act. to extend, to abridge or lessen the authority of his majesty's 1758 justices of the peace, either in their general quarter-sessions, or This act not otherwise; but they and every of them may, in all cases, act authority of and proceed in like manner as they lawfully might do in case the peace. this act had not been made. to lessen justices of 56 GEO. III. c. 20. 1815. 56 GEO. III. c. 20.] To remove the assizes for the county of Island Act. Cornwall, from the town of Savanna-la-Mar, in the parish of Westmoreland, to the town of Montego Bay, in the parish of Saint James, and to make the said town of Montego Bay the county town of the said county of Cornwall. Courts of assize re moved from Savanna la ISLD. [December 22, 1815.] 56 Geo. III. c. 20. s. 1.] Whereas by an act of this island 31 Geo. II. c. 4, the town of Savanna-la-Mar, in the parish of Westmoreland, in the county of Cornwall, was made the county town of the said county, and the justices of assize, oyer, and terminer, and gaol delivery, were directed to hold their courts in Savanna-la-Mar; And whereas the town of Montego Bay, in the parish of St. James, has, since the passing of the said act, become the most convenient place for holding the said courts: Be it enacted, That from the passing of this act, the town of Montego Bay, in the parish of St. James, shall be the county town of the county of Cornwall, and the courts of assize, oyer and terminer, and gaol delivery for the said county, shall be held at the town of Montego Bay, and not elsewhere, in like manner, and as fully, to all intents and purposes, as the said courts have heretofore been holden at the said town of Savanna-la-Mar; and all causes, matters, and things whatsoever, Town of of a civil or criminal nature, which may arise within the said Bay declared County of Cornwall, shall be inquired of, heard, tried, and the county determined at the court of assize, oyer and terminer, and gaol Cornwall. delivery, to be holden at the town of Montego Bay; the said before mentioned act, or any act, law, usage, or custom, to the contrary thereof in anywise notwithstanding. tego Bay Montego town of All judicial proceedings to be conducted in future at Montego Bay. 2. All such clauses, powers, directions, rules, regulations, for Cornwall matters, and things, in the said before-mentioned act, or in any other act of this island contained, as were before, and at the time of, the passing of this act in force and unrepealed, and were applicable and related to, and were, or could, or might, or ought to be used, practised, and put in execution, at, in, and for the courts of assize, oyer and terminer, and gaol delivery for Cornwall, when the said courts were holden before the justices of assize, at Savanna-la-Mar, shall be and continue force, and be deemed to apply to, and relate to, and shall be used, exercised, and put in execution at, in, and for the courts of assize, oyer and terminer, and gaol delivery, so to be holden before the justices of the county of Cornwall, at Montego Bay, in the like manner, and as fully and effectually, to all intents and purposes, as if all and every such clauses, powers, provi in sions, rules, directions, regulations, matters, and things, were 56 GEO. III. particularly repealed and re-enacted in this act. c. 20. Island Act. 1815. Island Act. 3 VIC. c. 65.] To make provision for the improvement of the 3 Vic. c. 65. administration of justice in the several courts of this island, and for other purposes. ISLD. [April 11, 1840.] 1840. commis judges of gaol very. 3 Vic. c. 65, s. 13.] In consequence of the alteration in the supreme court, as by this act provided, it is necessary that a commission of assize and gaol delivery should issue in and for the county of Middlesex, and that new commissions of assize and gaol delivery should issue for the counties of Surrey and Cornwall: Be it enacted, That it shall and may be lawful for the Governor governor, or person exercising the functions of governor for the may issue time being, from and immediately after the commencement of signs to this act, to issue a commission of assize and gaol delivery for the size and counties of Middlesex, Cornwall, and Surrey, directed to the deli chief justice, the vice chancellor, and the two assistant judges, appointed under the provisions of this act, and to such other persons as the governor, or person exercising the functions of governor, for the time being, shall see fit and expedient, and so, from time to time, to renew such commission, when and as often as to such governor, or person exercising the functions of governor, shall seem fit and expedient: Provided always, Proviso. That no person shall be included in such commission other than barristers at law: And provided always, That no person, so to be appointed, shall receive any fee or remuneration for his attendance, other than the two assistant judges as herein provided. may, Motions for to be made who pre 24. All motions for arrest of judgment in misdemeanours shall be made before the justice who presides at the trial, who arrest, &c. if he think fit, direct the motion to be made in the supreme before judge court, when they shall require the party convicted to enter into sided at recognizance to appear before the justices of assize and gaol delivery, who sit in the county where the indictment was tried, next after the decision of the judges of the supreme court, to receive such judgment as the said justices shall direct.1 1 See JURISDICTION and BOUNDARIES. (Post.) trial. |