« EelmineJätka »
No. 7. is probable cause for believing that the defendant, or any one or Ord. No. 9, more of the defendants, is, or are, about to quit the Colony unless 1852.
he or they be forth with apprehended, it shall be lawful for such Judge by a special order to direct, that, such defendant, or defendants so about to quit the Colony, shall be held to bail for such sum as such Judge shall think fit, not exceeding the amount of debt, or probable damages, and, thereupon it shall be lawful for such plaintiff
' to sue out one, or more, writ, or writs, of Capias into one or more different islands, or districts, within the Colony, against any such defendant so directed to be held to bail, which writ, or writs, of Capias shall be in the form contained in the Schedule of this Ordinance annexed, marked No. 3, and shall bear date on the day on which the same shall be issued ---and shall have indorsed thereon the amount for which the defendant, or defendants, is, or are to give bail: Provided however, that nothing in this section contained shall be construed in any way to affect or set aside the provisions of the 58th clause of the Ordinance of these
islands No. 7 of 1849—to provide for the collection of the Revenue. Proceedings XI. That, the Provost Marshal, or other Officer, to whom any on bailable
such writ of Capias shall be directed, shall immediately upon the Capias.
receipt of such writ of Capias, proceed to arrest the defendant thereupon, and such defendant when so arrested, shall remain in custody until he shall have given a bail bond to the Provost Marshal ccording to the form contained in the Schedule to this Ordinance annexed marked No. 4, or shall have made deposit of the sum indorsed on such writ of Capias, together with Ten pounds for costs, according to the practice of the said Court, and all subsequent proceedings, as to the putting in and perfecting special bail, or of making deposit and payment of money into Court, instead of putting in and perfecting special bail, shall be according to the like practice of the said Court, or as near thereto as the circumstances of the case will admit: Provided, that, it shall not be lawful for the Provost Marshal, or other officer, to arrest a defendant under such writ of Capias, after the expiration of the Thirtieth day from the date thereof, counting the day of the date inclusive: Provided also, that it shall be lawful for the Judge as aforesaid, from time to time, by special order to authorize the issuing of alias writs of Capias, all which alias writs shall, and may be executed in the
same and the like manner as original writs of Capias. When it may
XII. That, any special order for the arrest of a defendant, or be served.
defendants, may be made, and the defendant arrested in pursuance thereof, at any time after the commencement of such action, and before final judgment shall have been obtained therein, and, that a defendant in custody upon any such arrest, and not previously served with a copy of the writ of summons, may be lawfully served
therewith. Order for arrest XIII. That, it shall be lawful for any person arrested on any may be discharged.
such writ of Capias, to apply at any time after such arrest, to the Judge of the said Court for an order or rule on the plaintiff in such action, to show cause why the person arrested should not be discharged out of custody, and that it shall be lawful for such Judge or Court to make absolute, or discharge such order or rule, and to direct the costs of the application to be paid by either party, or to make such other order therein as to such Judge shall seem fit.
XIV. That, the said Judge may appoint by commission, under No. 7. the seal of the said Supreme Court, such persons as he may think Ord. No. 9, fit, in any part of the Colony, the Island of Grand Turk excepted, 1852. to take the affidavit of any plaintiff or plaintiffs, in any action or
Judge may apactions to be commenced in the said Court, wherein the defendant
point Comor defendants may be held to bail; and also to tako recognizances missioners to of bail in any action or suit depending in the said Court, which hold to bail. recognizances shall be of the like effect as if taken by, and acknowledged before the Judge of the said Court; and where bail put in before any of the said Commissioners shall be excepted to, such bail may be justified upon oath, or other bail may be added, or fresh bail may be put in before such Commissioner in liko manner as the same might, or could be done before the said Judge, so as such bail be returned certified into the Prothonotary's office in due time.
XV. And whereas according to the present practice, no pro- Proceedings ceedings can be effectually had on any writ until the same has been may com
mence after returned on the Essoine or general return day next after the
ten days' issuing the same, whereby an unnecessary delay is created, for remedy thereof, be it ordained, That, if any writ of summons or summons, Capias issued by authority of this Ordinance shall be served on any day, whether in term or vacation, all necessary proceedings to judgment and execution may, except as hereinafter provided, be had thereon without delay, at the expiration of ten days * from the service or execution thereof on whatever day the last of such ten days may happen to fall, whether in term or vacation: Provided always, that, if the last of such ten days shall in any case happen to fall on a Sunday, Christmas-day, or any day appointed for a
OH X public fast or thanksgiving, in either of such cases the following day shall be considered as the last of such ten days.
XVI. That, all such proceedings as are mentioned in any notice Default of Apor warning under this Ordinance, shall and may be had and taken
pearance, in default of a defendant's appearance.
XVII. This clause repealed by Ord. No. 9 of 1855, sect. 9.
XVIII. That, in all actions wherein a writ of Capias has been Declaration to awarded under the authority of this Ordinance, and the defendant be filed ten has been arrested by virtue thereof, and is in prison under such days after an arrest, or has put in and perfected special bail, or has made deposit appearance
entered. in lieu of such bail, it shall be lawful for any such defendant to rule the plaintiff to file his declaration and bill of particulars, or his declaration alone, as the case may be, within ten days after the service of such rule, the day of such service to be reckoned inclusive, which rule shall be granted as of right, whether in Term time, or vacation—and if such plaintiff shall not file his declaration, and bill of particulars, or his declaration alone, as the case may be, and deliver copies, or a copy thereof, to the defendant within the time limited; the Judge of the said Court, shall upon application made by, or on behalf of such defendant grant a rule, or order, calling on the plaintiff to show cause why the defendant should not be discharged ont of custody, or an exoneratur entered on the special bail piece, or the deposit returned, as the case may be, and unless on the hearing of such rule, such plaintiff shall show to the satisfaction of such Judge, that the neglect in filing such declaration, and bill of
OXFORO No. 7.
* Now altered to eight days as regards writs of summons. See note to sect, 2, ante,
particulars, or declaration alone, as the case may be, and delivering Ord. No. 9, copies, or a copy thereof, was caused by circumstances over which 1852. the plaintiff, or his attorney, has no control, or that, the proceedings
on the part of the defendant are irregular, such rule shall be forthwith made absolute, and the action shall then, and in such case be further proceeded in, as if the same had originally been
commenced by writ of summons. Trial of action
XIX. That, on every action wherein a declaration has been not to be post- filed and delivered under the provision of the preceding section, it poned beyond one Term. shall be lawful for the defendant, should he think proper so to do,
to plead to such action without waiting for the delivery to him of a rule to plead, and thereupon to rule the plaintiff to reply to, or join issue on, such pleading, as the case may be, and in every such case the plaintiff shall not be allowed to postpone the trial of such action beyond the first Term at which it shall be at issue, unless on good and sufficient cause shown, and leave for that purpose
obtained from the Court, on pain of having judgment, as in case of
nonsuit, entered up against him on the adjudgment day of such Proviso. term : Provided always, that, nothing in this Ordinance contained,
shall be construed or extend to take away from a defendant any privilege to which, by the practice of the said Court, he at the
time of the passing of this Ordinance may be entitled. Summary ju- XX. That, the said Court shall have summary jurisdiction in all risdiction
personal actions, wherein the debt, or damages, claimed shall exceed granted to the
the sum of Five pounds sterling: Provided always, that, all actions Judge in cases wherein the of debt, “indebitatus assumpsit,” wherein the debt or sum of money debt or damages claimed shall not exceed Ten pounds, shall be adjudicated on, and claimed shall
finally determined by the Judge of the said Court, without the inbe above £5
tervention of a jury : Provided also, that, all such actions as last and not exceeding £10.
aforesaid, as also in all actions of debt, or “indebitatus assumpsit,” wherein the debt, or sum of money recovered or paid into Court, and accepted by the plaintiff in satisfaction of his demand, or agreed to be paid on the settlement of the action, shall not exceed the sum of Twenty pounds, costs shall be allowed and taxed on a scale at the rate of only one-fourth part of the fees enumera in
the Schedule of Fees hereunto annexed, marked No. 5. Judge to make XXI. That, it shall be lawful for the presiding Judge of the said rules and or-,
Court, from time to time, to make and establish rules, regulations, ders for proceedings in
and orders regulating the mode of proceeding in all such actions of summary cases. debt, and “indebitatus assumpsit,” as aforesaid, and by such rules,
regulations, and orders, to dispense with such written pleadings, in such actions as such Judge may think proper to dispense with, as also to vary the practice in such actions, from the practice in other
actions, in the said Court, as to such Judge may seem fit and right. The Judge XXII. That, the Judge of the said Court be, and he is hereby may issue
authorized and empowered, in all cases whatever, depending or to Commission to examine
be brought in the said Court, where he shall think proper, to grant Winnesses. a commission “de bene esse,” at the instance either of plaintiff or
defendant, and to cause such commission to be directed to such person or persons as he shall think fit, resident within any part of Her Majesty's dominions, or in foreign parts; and, also if the plaintiff and defendant shall consent thereto), in any island within this Government; and that the examination of any witness, or witnesses, taken under such commission shall, in all cases, be as valid and effectual in the law, as if the person so examined had
appeared upon the trial, and had sworn, or affirmed, to the matters No. 7. therein contained, “viva voce,” in Court.
Ord. No. 9, XXIII. That, it shall and may be lawful for the Judge of the 1852. said Court, to take the examination, upon oath, of any person going
Examination of off these islands, (or if such person be of the description of the
Witnesses about persons called Quakers, then upon his or her affirmation,) who to depart from shall be brought before him as a witness in any suit, or action the Colony. depending, or to be brought, in the said Supreme Court : Provided always, that, affidavit first be made before the said Judge, (the plaintiff's declaration being then actually filed, and which it is declared hereby lawful for him to file, at any time, after service of the writ or process, though before its return,) that, the person, so to be examined, is a material witness on the behalf and part of the party desirous of having him or her examined; and that such person as the party applying has been informed, and verily believes, about to depart from these islands : and, Provided also, that, the person so to be examined, be duly served with a subpæna to attend such Judge, at a time and place therein appointed, for the purpose of being examined; and, that, at least four-and-twenty hours' notice of such examination be given, in writing to the adverse party, or his attorney, which examination, on proof made at the trial of the said cause, that such person is then dead, or gone off these islands, shall, in every such suit or action, be of the same force and effect, as if the person so examined, had appeared upon the trial, and had sworn or affirmed, to the matters therein contained,
viva voce," in open Court.
XXIV. That, all exemplifications of records, and all deeds and Certain writings bonds, or other specialties, all letters of attorney, procurations, or
shall be ad
mitted in other powers in writing, and all testimonials which shall, at any evidence. time hereafter, be produced in the said Court, and shall be attested to have been proved upon oath, under the Corporation Seal of the Lord Mayor of London, or of any other Mayor, or chief officer, of any city, borough, or town corporate, in Her Majesty's dominions, or under the hand and seal of the Mayor, or other chief officer, or notary public, in any city, or town, in the United States of America, or under the hand of the Governor and Public Seal of any of Her Majesty's colonies, or possessions, shall be deemed and adjudged, good and sufficient in law, in the aforesaid Court, as if the witnesses to such deeds were produced and proved the same
66 viva voce.” XXV. That, if any person or persons shall, wilfully, and cor- Such evidence ruptly, give any false evidence, upon any examination or examina- given falsely to
be deemed as tions as aforesaid, every person so offending shall be deemed and
perjury. taken to be guilty of perjury, and shall and may be, 'proceeded against by information, and prosecuted for such offence, any law, usage, or custom, to the contrary notwithstanding.
XXVI. That every witness appearing before the said Court, on Expenses of recognizance, or in obedience to any writ of subpæna, issued by Witnesses on any Crown officer, to give evidence against any person or persons
the part of the
Crown allowed, charged with any criminal offence, shall, if he or she be a resident of any out island of this Government, be entitled to a reasonable sum of money to pay his or her passage, to and from the island of Grand Turk, together with an allowance of two shillings per day, while absent from his or her place of residence, on the business of such prosecution, or if he be a mariner, or about to leave these islands, and shall satisfy the Judge, that he has been detained in conse
quence of such subpæna, such witness shall be entitled to a similar Ord. No. 9, allowance per day while so detained : Provided always, that, such 1852. allowance shall only be paid on the certificate of the Judge, or
presiding Judge of any such Court, and of the Queen's Advocate, or
other proper officer, prosecuting on behalf the Crown. To be paid by XXVII. That, it shall be lawful for the President, or Officer
administering the Government, for the time being, and he is hereby requested, upon the production to him, of any such joint certificate as aforesaid, to grant his warrant, authorizing the payment out of
the Public Treasury, of the amount certified for. Charges for con- XXVIII. That, it shall be lawful for the President, or other veyance of
Officer administering the Government, from time to time, to grant Prisoners,
warrants upon the Public Treasury, for the payment of the expenses of the description hereinafter enumerated, upon being satisfied that
the services charged for, were not only actually performed, and How provided the charges therefor fair and reasonable, but that such services
were necessary for the due and proper administration of justice; that is to say, for the conveyance of prisoners charged with, or convicted of, any criminal offence from one island to another, or from one settlement to another in the same island ;—for the payment of witnesses proceeding by order of a Magistrate, from one island to another, or from one settlement to another, in the same island, to give evidence in any criminal case, summarily adjudicated on by Magistrates, or in the preliminary investigation of any criminal charges, at, and after the rate of one shilling and sixpence per day; for the payment of constables proceeding from one island to another, or from one settlement to another in the same island, in charge of any person or persons accused of a criminal offence, or to enforce the attendance of witnesses, or defendants, in criminal cases, at and after the rate of one shilling and sixpence per day, and also for the expenses attending the conveyance of the said witnesses, and constables, as, also, of any person or persons in the custody of the latter, from their ordinary place of abode to the
place where the trial or investigation may take place. Submission of XXIX. That, if the parties in any suit, that shall be depending
in the aforesaid Supreme Court, shall agree to refer the matters in bitration.
dispute to arbitration, that then and in that case, the award of three persons, one whereof to be chosen by the plaintiff or plaintiffs, one other by the defendant or defendants, and the third to be nominated by the Court, shall be deemed equal to, and shall have the force and effect of, the verdict of a jury; and it shall, and may be lawful, for the Judge of the said Court, to give judgment, and execution
may issue thereupon in like manner as if such cause had
actually been tried before the Judge of the said Court. Proceedings on
XXX. That when in any action or actions in the said Court, Interlocutory
judgment by default shall be entered for want of appearance, pleas, Judgment.
issue, or other pleadings, of the defendant, or defendants, if such judgment shall be interlocutory, an inquiry, or inquisition, of damages without any especial writ therefor, shall be made, taken, and executed in open Court (due notice thereof having been first given), by the oaths of the jury drawn and empanelled for the trial of issues in the said Court; and after verdict, judgment shall be entered up in the same manner, as judgment after verdict, on an
issue tried. Judgment may XXXI. That, at any time after the expiration of eight days next be entered up
suits to ar