Justices of the Peace (Official Seals) Act

Link to law: http://www.moj.gov.jm/laws/justices-peace-official-seals-act
Published: 2004-08-30

JUSTICES OF THE PEACE (OFFICIAL SEALS)

THE 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.

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JUSTICES OF THE PEACE (OFFICIAL SEALS) 3

THE JUSTICES OF THE PEACE (OFFICIAL SEALS) A C ~
ACT

15 of 2002.

[30th August, 2004.1

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

2. In this Act- Interpreta-
tion.

"appointed day" means the 30th day of August, 2004.

"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.-(1) From and after the appointed day, every Justice of the official
Peace shall be entrusted with an official seal of such size or sea',
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 fbnctions as a
Justice.

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

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i 4 JUSTICES OF THE PEACE (OFFICIAL SEALS)

Every docu-
ment to have
oAicial seal.

4.-(1) From and after the appointed day, every document
which is attested to or authenticated by a Justice in the execution
of his fhctions 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.

Duties of 5.-(1) Every Justice of the Peace who is entrusted with an
justice or exe-
cutor,&~.. with official seal shall-
respect to
seals. (a) preserve and maintain the safe custody of the seal;

(h) 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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JUSTICES OF THE PEACE (OFFICIAL SEALS)

(4) An official seal which is returned to the Custos
Rotulorum shall be forwarded to the Permanent Secretary in the
Ministry with responsibility for Justices of the Peace, unless it
is required for the purpose of any proceedings in a court of law
or for the purpose of an official investigation.

(5) Upon the termination of any court proceedings or
investigation referred to in subsection (4), the seal shall be
returned to the Custos Rotulorum, who shall forward the seal to
the Permanent Secretary in the Ministry with responsibility for
Justices of the Peace.

(6) The Ministry shall deal with any seal forwarded
under subsection (4) or (5) in the manner prescribed.

6. Any document purporting to bear the official seal, the date Document
of execution thereof and the signature of any Justice authorized :z::zein
by any enactment to administer any oath, affidavit, declaration without
or other affirmation, shall be admitted in evidence without proof f"*h"p"Of.
that the seal or signature is the seal or signature of that Justice.

7.-(1) Every Custos Rotulorum shall keep a Register (to be TheRegister.
known as the Register of Justices of the Peace) of all persons
who are appointed as Justices of the Peace for the parish for
which the Custos Rotulorum is appointed.

(2) The Register shall contain the name, age and address
of each Justice and such other particulars as may be prescribed.

(3) A Justice of the Peace shall notify the Custos
Rotulorum forthwith, in writing, of any change in the name or
address of the Justice.

(4) The Register shall be open to inspection by any
member of the public at all reasonable times.

(5) A copy of the Register and any changes made thereto
shall be notified in the Gazette.

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.JUSTICES OF THE PEACE (OFFICIAL SEALS)

(6) A list of the names of all the Justices of the Peace
contained in each Register, together with such other particulars
as may be prescribed, shall be kept at a conspicuous place in
every Courthouse, post office, tax office, Parish Council office
and Police Divisional Headquafters, and shall be available for
inspection by the public at all reasonable times. b

i/
Amendment 8.-(1) The Custos Rotulorum in each parish shall have
of Register. power, on production to him of such evidence as appears to him

to be satisfactory-

(a) to remove from or restore to the Register any entry
which ought to be removed or restored;

(b) to remove from the Register the name of any person
who-

(i) has died;

(ii) has ceased to be ordinarily resident in
Jamaica; or

(iii) has ceased to be a Justice of the Peace
appointed for that parish;

(c) to amend any incorrect entry in the Register;

(4 to make, from time to time, any necessary change in
any of the particulars prescribed pursuant to section 7
(2).

(2) Every Custos Rotulorum shall notify the Minister of
any changes made to the Register kept by that Custos Rotulorum
pursuant to this Act.

0

(3) If a Custos Rotulorum-

(a) sends by registered post to any person, whose name is
in the Register a letter, addressed to him at his address
appearing in the Register, enquiring whether he has
ceased to act as a Justice, or has changed his address;
and

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JUSTICES OF THE PEACE (OFFICIAL SEALS) 7

(b) receives no reply to that letter within two months from
the date of posting,

the Custos Rotulorum shall notify the Minister who may direct
the Custos Rotulorum to remove that person's name from the
Register.

(4) A person who is aggrieved by the removal of his
name from the Register pursuant to this section may appeal in
writing to the Minister who may-

(a) confirm the removal; or

(b) if satisfied that the circumstances so warrant, direct the
Custos Rotulwum to restore the person's name to the
Register.

9.-(1) Every Justice of the Peace who- Offences
and
penalties.

(a) uses an official seal far an unlawful purpose;

(b) allows any other person to take possession of or use an
official seal for any fraudulent purpose; or

(c) uses an official seal after he resigns his commission,
retires from ofice or afier his commission is revoked
by the Governor-General,

cammits an offence and is liable an summary conviction before
a Resident Magistrate to a fine not exceeding five hundred
thousand dollars ar to imprisonment for a term not exceeding
three years, or to both such fine and imprisonment.

(2) Every Justice of the Peace who-

(a) knowingly makes any false statement or supplies any
false information or particular to the Custos
Rotulorum;

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JUSTICES OF THE PEACE (OFFICIAL SEALS)

(b) fails to report, in accordance with section 5, the
damage, destruction, loss or theft of the official seal; or

(c) fails to return, in accordance with section 5, the official
seal consequent on his retirement from office or the
resignation, revocation or cessation of his commission,

commits an offence and is liable on summary conviction before
a Resident Magistrate to a fine not exceeding two hundred

0
thousand dollars or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment.

(3) Every person who-

(a) alters, duplicates or tampers with the official seal of
any Justice of the Peace;

(b) uses an official seal without lawfbl authority to do so;

(c) is found in unlawfbl possession of an official seal;

(d) falsely holds himself out to be the rightfbl possessor of
an official seal;

(e) parts with possession of an official seal to another
person for an unlawful purpose;

V) destroys, makes away with or, by wilfbl neglect, allows
any person to obtain possession of an official seal;

(g) fails to return the official seal consequent on the death
of a Justice, pursuant to section 5 (3),

commits an offence and shall be liable on summary conviction
before a Resident Magistrate to a fine not exceeding five
hundred thousand dollars or to imprisonment for a term not
exceeding three years or to both such fine and imprisonment.

10. The Minister may make regulations generally for giving
0

Regulations.
effect to the purposes and provisions of this Act and, in
particular but without prejudice to the generality of the
foregoing, may make regulations-

(a) prescribing the size and specification of official seals
and the manner of affixing, impressing or subscribing
them on documents;

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JUSTICES OF THE PEACE (OFFICIAL SEALS)

(b) prescribing the form and method of keeping the
Register;

(c) prescribing the particulars to be entered in the Register;

(4 providing for the service of documents under this Act;
(e) providing for the preservation, custody and

safekeeping, riplacement and the cost relating thereto,
disposal or surrender of offtcial seals;

V) prescribing the form of any document required under
this Act;

(g) prescribing the procedure for the return of official seals
pursuant to section 5.

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