JUSTICES OF THE PEACE (APPEALS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

 

As to Right and Time of Appeal and Advice thereof by Justices

   3   Right of appeal

   4   Extent thereof

   5   Illiterate persons to be informed of their right of appeal

 

As to Notice Recognizance, Grounds of Appeal Service, etc

   6   Notice of Appeal

   7   Minute of verbal notice to be made by Clerk, etc

   8   Service of notice

   9   Service of notice (contd)

   10   Service of notice of appeal

   11   Form of notice of appeal

   12   Appellant need not serve notice of grounds of appeal in certain cases

   13   Appellant must enter into recognizance

   14   Appellant under disability

   15   Who may take recognizance of appeal

 

As to Admission of Sureties, and Justification by them, etc

   16   Sufficiency of sureties

 

Stay of Execution

   17   Execution to be stayed on recognizance being entered into

 

Delivery of Certified Copies of Evidence; Listing of Appeals: Summonses for Witnesses; Penalty for Non-Attendance

   18   Clerks of Resident Magistrates' Courts to supply certified copies of evidence, etc

   19   Certified copies of evidence for Court

   20   Clerk of Court to make out list of appeals

   21   Summonses to witnesses

 

The Appeal Court, Time of Hearing and when Appeal Not to be Heard

   22   Circuit Court to be Appeal Court

   23   How and when appeals shall be heard

   24   No appeal to be heard unless notice given, etc

   25   If notice and grounds of appeal not served, and recognizance not entered into, right of appeal to cease

 

Practice and course of Procedure, Powers of Court. Costs

   26   Construction of Act

   27   Costs where appeal abandoned

   28   Reference back to Justices

   29   Rules of practice in Appeal Court

   30   Proof of service of notice, etc

   31   Defects of form, etc, may be amended

   32   No proceeding to be set aside for want of form

   33   Where recognizance informal, new recognizance may be entered into

   34   Evidence at hearing of appeal

   35   Appellate Court may administer an oath

   36   Power to reduce sentence passed in Petty Sessions

   37   Power to dismiss appeal

   38   Costs

   39   Power to adjourn

 

Proceedings if Decision Affirmed or Reversed; Simple Dismissal of Appeal

   40   Judgment on Appeal

   41   How judgments to be enforced

   42   Payment of amount by appellant declared satisfaction

   43   Limitation of imprisonment of surety

   44   Proceedings upon reversal of judgment

   45   Dismissal of appeal

 

Punishment for Contempt

   46   Punishment for Contempt

 

Where Appeal will not lie

   47   No appeal where party has assented to judgment

   48   Nor where judgment has gone by default

 

Proceedings for Transmission of Case for obtaining Opinion of the Court of Appeal and subsequent Proceedings

   49   Justice may state case for opinion of Court of Appeal

   50   Either party may apply for case for opinion of Court of Appeal

   51   Appellant before case stated must enter into recognizance, etc

   52   Justices may refuse to state case. Exception

   53   Remedy if refusal

   54   Proceedings in Court of Appeal

   55   Case submitted may be sent back for amendment

   56   Decision of Court of Appeal may be enforced by the original jurisdiction

   57   No writ of certiorari necessary to remove judgment into Court of Appeal

   58   Proceedings on forfeited recognizance

   59   Right of appeal to Circuit Court considered abandoned when case required to be stated

 

Appeal from Dismissal

   60   Appeal from dismissal; powers of Judge

 

Recovery of Penalties

   61   How penalties to be recovered

 

Rules of Court

   62   Rules of Court

 

Miscellaneous Provisions

   63   Writs of distringas and capias under section 40

   64   Power of amendment

   65   No judgment to be reversed unless the point raised at the trial   or justice caused

      SCHEDULE

 

THE JUSTICES OF THE PEACE (APPEALS) ACT

[Date of Commencement: 1857]

Cap 187.

GN 840/62.

1   Short title

   This Act may be cited as the Justices of the Peace (Appeals) Act.

2   Interpretation

   In this Act-

   "appellant" means the party to any proceeding within the meaning of this Act who shall give notice of appeal from any judgment, decision, or report, or shall require to have a case stated for the opinion of the Court of Appeal thereon as herein provided;

   "respondent" means the opposite party to any such proceeding; and

   'judgment" means any conviction, judgment, order, or other affirmative adjudication, or any dismissal of, or refusal to hear or adjudicate on any complaint, information, or summons in a matter of summary jurisdiction.

As to Right and Time of Appeal and Advice thereof by Justices

3   Right of appeal

   Any person aggrieved or affected by any judgment of any Justice exercising summary jurisdiction, or by the decision or report of any other officer or body taking any proceeding, or acting under any enactment either now or hereafter to be in force in this Island whereby the right of appeal is or shall be allowed, shall be at liberty to appeal therefrom to the Circuit Court of the parish in which such judgment shall be pronounced, or to a Judge of the Supreme Court, as hereinafter respectively provided.

4   Extent thereof

   The right of appeal shall extend to all enactments thereof already or to be hereafter passed giving summary jurisdiction to Justices, or any other officer or body, unless where otherwise expressly provided.

5   Illiterate persons to be informed of their right to appeal

   The Justice, or other officer or body, whenever the person adjudicated against shall appear to be ignorant thereof, shall instruct him of his right of appeal, and the appeal Clerk of the Courts shall, whenever required, furnish to any appellant the necessary notice and recognizance of appeal.

As to Notice, Recognizance, Grounds of Appeal Service, etc

6   Notice of appeal

   The appellant shall, either during the sitting of the Court or other tribunal at which such judgment, decision, or report as aforesaid is delivered give verbal notice of appeal or at any time within fourteen days after such judgment, decision, or report delivered give a written notice of his intention to appeal to the adjudicating Justice, or other officer or body as aforesaid, and to the respondent; and in either case shall, within such period of fourteen days, deliver to the clerk of the Resident Magistrate's Court or other proper officer, and also to the respondents, the grounds in writing of his appeal:

   Provided, that the time shall not commence to run in the case of an affirmative judgment until the copy of the conviction, order, or adjudication shall have been drawn up and be ready for delivery to the appellant.

7   Minute of verbal notice to be made by Clerk, etc

   Whenever a verbal notice of appeal shall be given the Clerk of the Resident Magistrate's Court or other proper officer, shall make a minute thereof; which shall operate as a notice of appeal to the Justices, or other body or officer before whom the proceeding shall be held, or take place, and also to the respondent, if present in person or by solicitor or agent; and if not so present, notice of appeal shall be served in writing, as herein provided other cases, on the respondent, within the before limited period of fourteen days after the judgment, decision or report shall be made.

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