JUSTICES OF THE PEACE (OFFICIAL SEALS) ACT

ARRANGEMENT OF SECTIONS

 

   1   Short title.

   2   Interpretation.

   3   Official seals.

   4   Every document to have official seal.

   5   Duties of Justice or executor, etc, with respect to seals.

   6   Document admissible in evidence without further proof.

   7   The Register.

   8   Amendment of Register.

   9   Offences and penalties.

   10   Regulations.

   11   Amendment of enactments.

      SCHEDULE

 

THE JUSTICES OF THE PEACE (OFFICIAL SEALS) ACT

[Date of Commencement: 30th August, 2004]

Act 15 of 2002.

1   Short title

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

2   Interpretation

   In this Act-

   "appointed day" means the date appointed by the Minister under section 1;

   "functions" includes powers and duties;

   "Justice" or "Justice of the Peace" has the meaning assigned to it in section 3 of the Interpretation Act;

   "official seal" means the official seal prescribed for the use of Justices under section 3;

   "Register" means a Register of Justices of the Peace established under section 7.

3   Official seal

   (1) From and after the appointed day, every Justice of the Peace shall be entrusted with an official seal of such size or specification as may be prescribed in regulations made under section 10.

   (2) The official seal referred to in subsection (1) shall-

   (a)   remain in the possession of the Justice of the Peace during the tenure of his office; and

   (b)   be used solely in the execution of his functions as a Justice.

   (3) From and after the appointed day, no Justice shall use any seal in the execution of his functions, other than the official seal mentioned in subsection (1).

4   Every document to have official seal

   (1) From and after the appointed day, every document which is attested to or authenticated by a Justice in the execution of his functions shall bear the official seal, the date of execution thereof and the signature of that Justice.

   (2) A document attested to or authenticated on or after the appointed day by a Justice in the execution of his functions shall not be valid unless the requirements under subsection (1) have been complied with.

5   Duties of justice or executor, etc, with respect to seals

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   (1) Every Justice of the Peace who is entrusted with an official seal shall-

   (a)   preserve and maintain the safe custody of the seal;

   (b)   report the damage, destruction, loss or theft of the seal, as soon as is reasonably practicable, to a member of the Jamaica Constabulary Force not below the rank of Deputy Superintendent, and the Custos Rotulorum of the parish for which he is appointed a Justice.

   (2) A Justice shall cease to use the official seal if-

   (a)   that Justice retires from office, resigns his commission or, as the case may be, his commission is revoked;

   (b)   he is directed to cease using the official seal by the Custos Rotulorum,

and shall return the seal to the Custos Rotulorum within five days, or such longer period as may be stipulated by the Custos Rotulorum, of the date of such retirement, resignation, revocation or direction, as the case may be.

   (3) On the death of a Justice of the Peace, the executor, administrator, personal representative or any person having charge of the affairs of such Justice shall forthwith return the official seal entrusted to that Justice to the Custos Rotulorum.

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