The Laws of Jamaica, passed in 1867/No.20 A Law to Reduce the Number of Parishes

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The Laws of Jamaica, passed in 1867 (1872)
No.20 A Law to Reduce the Number of Parishes
2783383The Laws of Jamaica, passed in 1867 — No.20 A Law to Reduce the Number of Parishes1872

5. The parish of Manchester shall constitute one parish, and Mandeville shall be the parish town thereof.

THE COUNTY OF SURRY.

1. The parish of Kingston shall constitute one parish, and shall include the city and parish of Kingston; and the following portions of the parish of Saint Andrew, namely Smith’s Village, Hannah’s Town, Fletcher’s Town, the land on each side of the Slipe Pen road to Torrington bridge, between the Admiral’s Pen gully on the one side, and the Race Course on the other, the Race Course, Allman’s Town, and the lands south of the south gate of the Camp, and to the westward of the road leading from thence to Lisle’s Chapel, as more particularly appearing in the plat or diagram of the said parish, recorded with this law, together with the town of Port-Royal, and the tract called the Palisades, in the parish of Port-Royal, within a line to be marked out on the ground, as shewn on the said plat or diagram, and the head station thereof, shall be in the city of Kingston.
2. The remaining portions of the parishes of Saint Andrew and Port-Royal shall constitute one parish, under the name of the parish of Saint Andrew, and Halfway Tree shall be the head station thereof; but it shall be lawful for the municipal and parochial road boards of the parish to meet either there or in the city of Kingston.
3. The parish of Saint Thomas in the East, exclusive of the Manchioneal district, and the parish of Saint David shall constitute one parish, under the name of the parish of Saint Thomas, and the town of Morant Bay shall be the parish town thereof.

4. The parishes of Portland and Saint George, with the Manchioneal district of the parish of Saint Thomas in the East, extending south to Hector’s River, and a straight line drawn between the source of that river and the nearest source of the Rio Grande, shall constitute one parish, under the name of the parish of Portland, and the town of Port Antonio shall be the parish town thereof.

THE COUNTY OF CORNWALL.

1. The parish of Trelawny shall constitute one parish, and the town of Falmouth shall be the parish town thereof.
2. The parish of Saint James shall constitute one parish, and the town of Montego Bay shall be the parish town thereof.
3. The parish of Hanover shall constitute one parish, and the town o f Lucea shall be the parish town thereof.
4. The parish Westmoreland shall constitute one parish, and the town o f Savanna-la-Mar shall be the parish town thereof.
5. The parish of Saint Elizabeth shall constitute one parish, and the town of Black River shall be the parish town thereof.

Second— There shall be, in each of the parishes constituted by this law, no more than one municipal board, one board of parochial road commissioners, one clerk to these two boards, and one custos; and the jurisdictions of these boards, and officers respectively, shall extend over the whole parish, as constituted by this law.

Third— The board of parochial road commissioners may subdivide itself into local committees, and may subdivide itself into local committees, and may fix the places where the local committees shall meet: E very such committee shall report its proceedings to the board of parochial road commissioners and shall be subject to the supervision and control of the board.

Fourth— Where two or more of the formerly existing parishes shall have been consolidated into one parish, as constituted under this law, all the members of the municipal boards, and all the parochial road commissioners of the former parishes so consolidated, shall form respectively the municipal and parochial road board of the parish constituted under this la w; and all the members of the municipal boards, and all the parochial road commissioners of the formerly existing parishes of Saint Andrew and Port Royal shall be members respectively of the municipal and parochial road boards of the parish of Saint Andrew, as constituted under this law, and the municipal board of the city o f Kingston shall be the municipal board of the whole parish of Kingston, as constituted under this law.

Fifth–The Governor may appoint one of the chairman of municipal board and parochial road boards of any formerly existing parishes, consolidated by this law, to be the chairman of the municipal board and parochial road board of the parish constituted by this law; and the governor may appoint any two of the churchwardens of any formerly existing parishes, consolidated by this law, to be the churchwardens of the parish constituted by this law; and, upon such appointment, the powers and duties of the other persons who were churchwardens of the said previously existing parishes shall cease and determine; and the two newly appointed church wardens, shall have and exercise the powers and duties, as well corporate as other of churchwardens, over the whole newly constituted parish; and all the real and personal property of the said previously existing parishes shall vest in the churchwardens of the newly constituted parish, who shall be a body corporate by the name of "The Churchwardens for the Parish of " (using the name of the newly constituted parish): The governor shall be empowered, at his pleasure, to remove any of the persons named as churchwardens of any parish appointed under this law, or “The Law No. 8 of 1866 and from time to time to appoint others in their places, and to make fresh appointments in cases of vacancy.

Sixth—The governor may select any one of the custodes of any formerly existing parishes, consolidated by this law, to be the custos of the parish constituted under this law, with jurisdiction over the whole area of the enlarged parish; and it shall be lawful for the governor to appoint by commission such custos to be the custos over such newly constituted parish and to include in his commission all or any of the justices of the peace for the several formerly existing parishes, and no stamp duty shall be required in respect of any such custos or justices; and it shall be lawful for the governor to give, by such commission to the said custos and justices, jurisdiction over the whole of the parish constituted under this law.

Seventh—Every custos and justice of the peace, to be here after appointed, shall be appointed with jurisdiction over a parish constituted by this law.
Eighth—The clerks of the peace of the previously existing parishes, consolidated by this law, shall continue to perform their duties as heretofore, and shall conduct the prosecutions of offences, charged to have been committed in their said previously existing parishes respectively before the circuit courts, as fixed by this law; the magistrates’ clerks of the said previously existing parishes shall, within their former jurisdictions, continue to exercise the same powers, and perform the like duties as they respectively exercised and performed be fore the coming into operation of this law.

Ninth—Nothing in this law contained shall prevent the courts of petty sessions being held at the several places where they are now held, and the magistrates’ clerks, or clerks of the peace, in their capacity of magistrates’ clerks, shall themselves, or by their deputies, attend those courts as heretofore.

Tenth—Whenever a vacancy in the office of clerk of the peace and magistrates’ clerk shall occur in any on of two formerly existing precincts or parishes consolidated by this law into one parish, the governor may, if he think fit, with the consent of the clerk of the peace and magistrates’ clerk of the other of the said two formerly existing precincts or parishes extended his jurisdiction and duties over the whole of the consolidated parish, or the governor may, if he think fit, appoint any other qualified person to act provisionally as clerk of the peace and magistrates’ clerk in that portion of the consolidated parish where a vacancy has occurred, until a vacancy occurs in the other portion of the said consolidated parish; and, in case of a vacancy in the office of clerk of the peace and magistrates’ clerk occurring in the formerly existing parish of Saint Thomas in the East, the clerk of the peace and magistrates’ clerk of the formerly existing parish of Portland may in like manner, have his jurisdiction and duties extended over the Manchioneal district, or this district may in like manner be separately provided for provisionally; and, in case of a vacancy in the office of clerk of the peace and magistrates' clerk occurring in the formerly existing parish o f Port-Royal, the clerks of the peace and magistrates’ clerks of the formerly existing parishes o f Kingston and Saint Andrew respectively may, in like manner, have their jurisdictions and duties extended over the whole of the now consolidated parishes of Kingston and Saint Andrew respectively, or either one or both of the two divisions of the formerly existing parish of Port-Royal may, in like manner, be separately provided for provisionally.

Eleventh— The persons appointed to take affidavits in the court and supreme and circuit courts, and the masters extraordinary of the courts of chancery for any parish, or part of a parish united by this law with another, shall, from the coming into operation of this law, exercise their authority within the enlarged parish, as constituted under this law.

Twelfth— The exhibit list of jurors shall, as soon as possible after the passing o f this law, for the present year, and before the twentieth day of February in each succeeding year, be made up from the persons competent to serve in the whole area of the parishes constituted under this law, and be furnished to the provost-marshal-general; and, from the names of the persons so returned to him, the provost-marshal-general shall make up the panels o f jurors for the parishes constituted under this law, respectively to serve for the ensuing and following years, to commence on the twentieth day of May.

Thirteenth—The several circuit courts, to be held by the judges of the supreme court after the com ing into operation of this law, shall be held in the following manner at the parish towns, or head stations of the several parishes, excepting for the parish o f Saint Andrew, (for which the circuit court shall be held at Kingston: There shall be three circuits; the home circuit to be held b y the chief justice as heretofore, and the eastern and western circuits to be each held by one of the assistant judges of the said court.

THE HOME CIRCUIT

1. For Saint Catherine, on the fourth Monday in June, October, and February, and to sit for two weeks each time if necessary.
2. For Kingston and Saint Andrew, to be held at Kingston on the eighth Monday after the rising of the supreme court for the courts to be held after February and June terms; and for the court after October term, on the first Monday in January, and to sit three weeks each time, if necessary.
both of the two divisions of the formerly existing parish of Port-Royal may, in like manner, be separately provided for provisionally.

Eleventh— The persons appointed to take affidavits in the court and supreme and circuit courts, and the masters extraordinary of the courts of chancery for any parish, or part of a parish united by this law with another, shall, from the coming into operation of this law, exercise their authority within the enlarged parish, as constituted under this law.

Twelfth— The exhibit list of jurors shall, as soon as possible after the passing o f this law, for the present year, and before the twentieth day of February in each succeeding year, be made up from the persons competent to serve in the whole area of the parishes constituted under this law, and be furnished to the provost-marshal-general; and, from the names of the persons so returned to him, the provost-marshal-general shall make up the panels o f jurors for the parishes constituted under this law, respectively to serve for the ensuing and following years, to commence on the twentieth day of May.

Thirteenth—The several circuit courts, to be held by the judges of the supreme court after the com ing into operation of this law, shall be held in the following manner at the parish towns, or head stations of the several parishes, excepting for the parish o f Saint Andrew, (for which the circuit court shall be held at Kingston: There shall be three circuits; the home circuit to be held b y the chief justice as heretofore, and the eastern and western circuits to be each held by one of the assistant judges of the said court.

THE HOME CIRCUIT

1. For Saint Catherine, on the fourth Monday in June, October, and February, and to sit for two weeks each time if necessary.
2. For Kingston and Saint Andrew, to be held at Kingston on the eighth Monday after the rising of the supreme court for the courts to be held after February and June terms; and for the court after October term, on the first Monday in January, and to sit three weeks each time, if necessary.
this island, as existing before the passing of this law, shall continue to collect and receive, under the powers of the several acts and laws o f this island, within the limits of the parishes to which they were appointed, the several taxes and duties until otherwise provided for by law.

Seventeenth— All process and proceedings pending in the now existing circuit and other courts shall be dealt with and determined in the courts of the several parishes respectively constituted under this law, in like manner as they would have been had such process or proceeding been commenced after the coming into operation hereof; and all persons bound by recognizance to give their attendance at the said circuit courts shall be required to attend at the respective courts hereby appointed to be held in lieu thereof, and the respective clerks of the peace shall give notice thereof accordingly.

Eighteenth— This law shall come into operation on the first day of May of the year one thousand eight hundred and sixtyseven.