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No. 4.

Ord. No. 16, 1841.

In cases of

Appeal, parties to be furnished

with copies of evidence.

have so pronounced against him, her, or them; and a note of every such statement shall be made by such convicting Justice.

IV. And be it further ordained, that every person who, being summarily tried and convicted, shall appeal from such conviction, shall be entitled, on demand, to be furnished by the convicting Justice or Justices, with copies of the depositions or minutes of evidence on which such conviction took place.

V. And be it further ordained, that whenever any such convicCosts of Appeal. tion shall be affirmed by the Court of Appeal, it shall be lawful for such Court to confirm the same with costs, and, if necessary, to issue process in the nature of a writ of attachment, for carrying such confirmed conviction into execution.

No. 5. Ord. No. 4, 1855.

PREAMBLE.

Allegation of malice necessary before

an Action can
be entered
against any
Justice in the

Supreme
Court.

Justice exceeding his jurisdiction, Action may be entered against him

without allega

tion of malice.

Proviso.

No. 5.-ORDINANCE No. 4 of 1855.

An Ordinance to protect Justices of the Peace from vexatious actions for acts done by them in execution of their office. (Passed 3rd July, 1855. Confirmed 11th January, 1856.)

W

HEREAS it is expedient to protect Justices of the Peace in the execution of their duty; May it, &c.

I. That every action hereafter to be brought against any Justice of the Peace, for any act done by him in the execution of his duty as such Justice, with respect to any matter within his jurisdiction as such Justice, shall be an action on the case as for a tort, and shall be brought in the Supreme Court of these islands, and in the declaration it shall be expressly alleged that such act was done maliciously, and without reasonable and probable cause, and if at the trial of any such action, upon the general issue being pleaded, the plaintiff shall fail to prove such allegation, he shall be nonsuit, or a verdict shall be given for the defendant.

II. That for any act done by a Justice of the Peace in a matter of which by law he has not jurisdiction, or in which he shall have exceeded his jurisdiction, any person injured thereby or by any act done under any conviction or order made or warrant issued by such Justice in any such matter, may maintain an action against such Justice in the aforesaid Supreme Court, in the same form and in the same case as he might have done before the passing of this Ordinance without making any allegation in his declaration that the act complained of was done maliciously and without reasonable and probable cause: Provided nevertheless, That no such action shall be brought for anything done under such conviction or order until after such conviction shall have been quashed, either upon appeal or upon application to Her Majesty's Supreme Court of these islands, nor shall any such action be brought for anything done under any such warrant, which shall have been issued by such Justice to procure the appearance of such party, and which shall have been followed by a conviction or order in the same matter, until after such conviction or order shall have been so quashed, as aforesaid, or if such last-mentioned warrant shall not have been followed by any such conviction or order, or if it be a warrant upon an information for an alleged offence triable in a superior Court, nevertheless if a summons were issued previously to such

Class XI.]

JUSTICES OF THE PEACE.

291

either

such person, warrant, and such summons was served upon personally or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear according to the exigency of such summons, in such case no such action shall be maintained against such Justice for anything done under such

warrant.

III. That where a conviction or order shall be made by one or more Justice or Justices of the Peace, and a warrant of distress or of commitment shall be granted thereon, by some other Justice of the Peace, bona fide and without collusion, no action shall be brought against the Justice who so granted such warrant by reason of any defect in such conviction or order, or for any want of jurisdiction in the Justice or Justices who made the same, but the action, if any, shall be brought against the Justice or Justices who made such conviction or order.

IV. And whereas, it would conduce to the advancement of justice, and render more effective and certain the performance of the duties of Justices, and give them protection in the performance of the same, if some simple means not attended with much expense were devised; by which the legality of any act to be done by such Justices might be considered and adjudged by a Court of competent jurisdiction, and such Justice enabled and directed to perform it without risk of any action or other proceeding being brought or had against him. Be it therefore ordained, that in all cases where a Justice or Justices of the Peace shall refuse to do any act relating to the duties of his or their office, as such Justice or Justices, it shall be lawful for the party requiring such act to be done, to apply to Her Majesty's Supreme Court of these islands, or to the Judge thereof at chambers, upon an affidavit of the facts, for a rule calling upon such Justice or Justices, and also the party to be affected by such act, to show cause why such act should not be done, and if after due service of such rule good cause shall not be shown against it, the said Court or the Judge, as the case may be, may make the same absolute with, or without, or upon payment of costs, as to them shall seem meet, and the said Justice or Justices, upon being served with such rule absolute, shall obey the same, and shall do the act required, and no action or proceeding whatsoever shall be commenced or prosecuted against such Justice or Justices for having obeyed such rule, and done such act so thereby required as aforesaid.

No. 5. 1855. Ord. No. 4,

Action to
Justice making
be brought
alleged erro-
neous convic-
against the

Justice acts on
such conviction.

tion in cases
where another

Justice refusing
to act, party
complaining
Supreme
Court to
grant a com-
pulsory rule
such Justice

may apply to

directed to

be brought

No Action to

granting Waragainst Justice rant of Distress

V. That in all cases where a warrant of distress or warrant of
commitment shall be granted by a Justice of the Peace, upon any
conviction or order which, either before or after the granting of
such warrant, shall have been, or shall be confirmed upon appeal,
no action shall be brought against such Justice who so granted on conviction
such warrant, for anything which may have been done under the affirmed upon
same, by reason of any defect in such conviction or order.
VI. That in all cases where, by this Ordinance it is ordained,
that no action shall be brought under particular circumstances, if
any such action shall be brought, it shall be lawful for the Judge
of the aforesaid Supreme Court, upon application of the defendant
and upon an affidavit of facts, to set aside the proceedings in such
action, with or without costs, as to him shall seem meet.

VII. That no action shall be brought against any Justice of the
Peace for anything done by him in the execution of his office,

appeal. Lawful for the Judge to set brought in opposition to this Ordinance.

aside Actions

U 2

No. 5.

Ord. No. 4, 1855.

Mode of bringing Action against Justices.

After notice of

Action, manner of proceeding in such case.

Nousuit or

verdict for Defendant in certain cases.

In what cases Plaintiff entitled to recover damages.

unless the same be commenced within six calendar months next after the act complained of shall have been committed.

VIII. That no such action shall be commenced against any such Justice of the Peace until one calendar month at least after a notice in writing of such intended action shall have been delivered to him, or left for him at his usual place of abode, by the party intending to commence such action, or by his attorney or agent, in which said notice the cause of action shall be clearly and explicitly stated and upon the back thereof shall be endorsed the name and place of abode of the party so intending to sue; and also the name and place of abode, or of business, of the said attorney or agent, if such notice have been served by such attorney or agent.

IX. That in every such case after notice of action shall be so given as aforesaid, and before such action shall be commenced, such Justice to whom such notice shall be given, may tender to the party complaining, or to his attorney or agent, such sum of money as he may think fit, as amends for the injury complained of in such

notice, and after such action shall have been commenced, and at any time before issue joined therein, such defendant, if he have not made such tender, or in addition to such tender, shall be at liberty to pay into Court such sum of money as he may think fit, and which said tender and payment of money into Court, or either of them, may afterwards be given in evidence by the defendant at the trial under the general issue aforesaid; and if the jury at the trial shall be of opinion that the plaintiff is not entitled to damages beyond the sum so tendered or paid into Court, then they shall give a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be nonsuit, and the sum of money, if any, so paid into Court, or so much thereof as shall be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue, if any, shall be paid to the plaintiff; or if, where money is so paid into Court, in any such action, the plaintiff shall elect to accept the same in satisfaction of his damages in the said action, he may obtain from the Judge of the Court in which such action shall be brought, an order that such money shall be paid out of Court to him, and that the defendant shall pay him his costs, to be taxed; and thereupon the said action shall be determined; and such order shall be a bar to any other action for the same cause.

X. That if at the trial of any such action, the plaintiff shall not prove that such action was brought within the time hereinbefore limited in that behalf, or that such notice as aforesaid was given one calendar month before such action was commenced, or if he shall not prove the cause of action stated in such notice, then and in every such case, such plaintiff shall be nonsuit, or the jury shall give a verdict for the defendant.

XI. That in all cases where the plaintiff in any such action shall be entitled to recover, and he shall prove the levying or payment of any penalty, or sum of money, under any conviction or order, as parcel of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such penalty, or sum so levied or paid, or any sum beyond the sum of twopence, as damages for such imprisonment, or any costs of suit whatsoever, if it shall be

proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by law, for the offence of which he was so convicted, or for non-payment of the sum he was so ordered to pay.

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XII. That if the plaintiff, in any such action shall recover a When Plaintiff verdict, or the defendant shall allow judgment to pass against him entitled to by default, such plaintiff shall be entitled to costs, in such manner Costs. as if this Ordinance had not been passed; or if in such case it be stated in the declaration that the act complained of was done maliciously and without reasonable and probable cause, the plaintiff, if he recover a verdict for any damages, or if the defendant allow judgment to pass against him by default, shall be entitled to his full costs of suit; and in every action against a Justice of the Peace And when defor anything done by him in the execution of his office, the defend- fendant. ant, if he obtain judgment upon verdict, or otherwise, shall in all cases be entitled to his full costs in that behalf.

XIII. That from and after the commencement of this Ordinance no action shall be brought against any constable or other peace officer, or against any person or persons acting by his order and in his aid, for anything done in obedience to any warrant under the hand or seal of any Justice of the Peace, until demand hath been made or left at the usual place of his abode by the party or parties intending to bring such action, or by his or their attorney or agent in writing, signed by the party demanding the same, of the perusal and copy of such warrant, and the same hath been refused or neglected for the space of six days after such demand, and in case, after such demand and compliance therewith, by showing the said warrant to, and permitting a copy to be taken thereof by the party demanding the same, any action shall be brought against such constable or other peace-officer, or against such person or persons acting in his aid, for any such cause as aforesaid, without making the Justice or Justices who signed or sealed the said warrant defendant, or defendants, then on producing or proving such warrant at the trial of such action, the jury shall give their verdict for the defendant, or defendants, notwithstanding any defect of jurisdiction in such Justice or Justices; and if such action be brought jointly against such Justice or Justices, and also against such constable or other peace-officer, or person or persons acting in his or their aid as aforesaid, then, on proof of such warrant, the jury shall find for such constable, or other peace-officer, and for such person and persons so acting as aforesaid; notwithstanding such defect of jurisdiction as aforesaid; and if the verdict shall be given against the Justice or Justices, then in such case, the plaintiff or plaintiffs shall recover his or their costs against him or them, to be taxed in such manner by the proper officer as to include such costs as such plaintiff or plaintiffs are liable to pay to such defendant or defendants for whom such verdict shall be found as aforesaid.

XIV. That from and after the time this Ordinance shall take effect the following statutes, and parts of statutes, except so far as they repeal other statutes, shall be, and the same are here repealed, that is to say, so much of an Act of the General Assembly of the Bahama Islands (extended to this Colony by the eleventh Victoria, chapter 1) passed in the fortieth year of the reign of his late

Actions against
Constables not
to be brought
in certain cases.

Repeals so much of declarations of Act 40 G. 3, c. 2,

as declares the following Acts of Parliament to be in force here, viz.:

No. 5.

Ord. No. 4, 1855.

31 Eliz. c. 5.

7 Jas. 1, c. 5.

Majesty, George the Third, entitled "An Act to declare how much of the Laws of England are practicable within the Bahama Islands, and ought to be in force within the same," as declares the following statutes and parts of statutes hereinafter enumerated and set forth to be in force within these islands, that is to say, all that Act passed in the thirty-first year of the reign of Her Majesty Queen Elizabeth, entitled "An Act concerning Informers;" also all that Act passed in the seventh year of the reign of His Majesty King James the First, entitled An Act for Ease in pleading troublesome and contentious Suits prosecuted against Justices of the Peace, Mayors, Constables, and certain other His Majesty's Officers, for the lawful execution of their office ;" also all that Act passed in the twenty-fourth 24 G. 2, c. 44. year of His Majesty King George the Second, entitled "An Act for rendering Justices of the Peace more safe in the execution of their Offices, and for indemnifying Constables and others acting in obedience to their Warrants," and also all that Act passed in the twentyseventh year of the reign of His said Majesty King George the 27 G. 2, c. 20. Second, entitled "An Act for the more easy and effectual proceeding upon Distresses to be made by Warrants of Justices of the Peace;" also so much of another Act of the General Assembly of the Bahama Islands, passed in the fourth year of the reign of His sembly 4 W. 4, Majesty King William the Fourth, entitled "An Act for improving the administration of Criminal Justice in these Islands, for suspending certain Acts therein mentioned, and for other purposes as relates to the taking of bail in cases of felony, and to the taking of the examinations and informations against persons charged with felonies and misdemeanours, and binding persons by recognizance to prosecute and give evidence; and also so much of an Act of the said General Assembly passed in the fourth year of Her present Majesty's reign, entitled "An Act to declare in force within these Islands certain Statutes of the Imperial Parliament of Great Britain and Ireland, relating to certain offences therein particularly mentioned" as gives the force of law in this Colony to the second, third, and fourth sections of an Act of the Imperial Parliament, passed in the sixth and seventh years of the reign of His Majesty King William the Fourth, entitled "An Act for enabling persons indicted for Felony, to make their Defence by Counsel and Attorney."

Also so much of Act of As

c. 25, as relates to Bail,

So much of declarations

Act 4 Vic. c. 30 as gives the force of law in this colony to the 2nd, 3rd, & 4th sections of

the Act, part 6 & 7 W. 4, c. 114.

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No. 6. Ord. No. 5, 1855.

PREAMBLE.

No. 6.-ORDINANCE No. 5 of 1855.

An Ordinance to facilitate the performance of the duties of Justices of the Peace with respect to persons charged with offences punishable in the Supreme Court of the Turks and Caicos Islands. (Passed 3rd July, 1855. Confirmed 11th January, 1856.) HEREAS it would conduce much to the improvement of the the several laws relating to the duties of your Majesty's Justices of the Peace therein, with respect to persons charged with criminal offences, were consolidated with such additions and alterations as may be deemed necessary; and that such duties should be clearly defined; May it, &c.

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