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8. d. No. 7.
0 4 Ord. No. 9,
0 6 1852.

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For copy of panel of jury, on request of either party

, taxing bill of costs, if required
», recording the proceedings in every cause, per folio of

seventy-two words » every satisfaction

do. copy of any paper, per copy sheet the Judge's testimonial for an exemplification attendance on special motion, or, hearing a demurrer

argued, or, other special argument entering every motion „ every order of Court

attending drawing every special jury „ taking every recognizance of special bail, and attending

» entering exception to special bail ..

an additional bail, justification, or surrender
attending at the Judge's chambers, on a petition pre-

ferred, or examinations of persons departing the

Government „ a summons before a Judge

a rule of reference, or other special rule „ taking the examination of any person before the Judge,

if done by the Prothonotary, or his clerk, per folio

of seventy-two words .. „ recording a renunciation of dower, per copy sheet

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For retaining fee in every cause

6 0 the warrant of attorney

4 0 „ every affidavit in writing, per copy sheet of seventy-two words ..

0 3 fair copy, per copy sheet

0 6 writing letters, when necessary in the cause,

and before action or suit

4 0 „ every attendance necessary in the cause (no attendance

on counsel to be charged, unless counsel be actually

1 writ of summons, or Capias, or subpæna, or other writ 12 6 "alias"


10 writ and notice, each

1 indorsing costs on writs

1 drawing “ scire facias"

2 0 » drawing a declaration, plea, replication, rejoinder, de

murrer, joinder in demurrer, or other pleading 2 6 „ the pleadings and proceedings, if special, more, each .. 2 6 fair copy thereof, per copy sheet

0 3 » copy of every bond, or other writing declared on, if not exceeding five copy sheets ..

1 6 „ exceeding five copy sheets, each copy sheet ..

0 3 fee on rule to plead, rule for trial, or executing writ of inquiry, rule to reply, rejoin, or other common rule 0 3

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No. 7. Ord. No. 9,


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8. d. For service of every rule at Grand Turk

0 6 at Salt Cay, per mile, more

0 3 a brief in every cause

3 0 fair copy, per copy sheet

0 3 „ every search, such as for appearance, declaration, when filed, and rule to plead, each

1 6 entering appearance, or for defendant, sec. stat.

3 0 „ every subpoena and conduct money

1 6 each ticket

1 0 drawing short particulars to accompany any declaration 2 6

6 drawing long particulars and fair copy, exceeding three folios, at per folio

0 4 witnesses residing out of town, per mile

0 3 witnesses coming from any out-island, their reasonable

expenses, and an allowance of 38. per day, while
attending necessarily, with the payment of their

passages to and from each out-island.
a Court fee in every cause, not exceeding two Courts,
each Court ..

3 0 pleading fee in every cause on a trial at law, or fact,

motion in arrest of judgment, or for a new trial 5 0 fee on executing writ of inquiry

2 6 The attorney to pay the jury, in every cause tried, or inquiry executed

4 0 For every commor motion when an order ensues

1 0 „ copy and service of orders usually served

1 0 drawing every judgment at large

1 6 If special, more

1 0 For engrossing proceedings, per folio ..

0 4 bill of costs, at 8d. per folio, not to exceed

4 0 „ copy bill and notice if contested

09 drawing and engrossing execution

1 0 “ Venditioni exponas, fieri facias, ad satisfaciendum,” for

residue, or, execution against executor, or, adminis-
trator, more

1 0 signing an execution or “ scire facias"

1 0 fee on ending every cause

1 0 notice of trial, or, inquiry

1 0 drawing, signing, and, acknowledging satisfaction in, or out of Court

2 „ drawing bail-piece

1 0 signing every

other paper or proceeding not herein mentioned ..

0 6 „ every notice of bail and service

2 6 attending the Judge at his chambers, to make a moon,

or to confess judgment by warrant of attorney 2 0 drawing every petition to the Court, or Judge

2 0 fair copy, per copy sheet

03 every special argument, upon a rule of Court, at Chambers, or in Court

5 0 attending arbitrators upon a rule of reference, each day 8 8 0 attending to strike special jury

2 0 striking special jury

1 0 fee on "Venire for a special jury "

1 6

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For to pay each person appearing on the panel of a special

jury, for his attendance at Court, each day exceptions to bail and notice thereof, each » attending the Judge to take the examinations of such

persons as are departing these islands drawing interrogatories for such examination, per copy

sheet fair copy of same, per copy


3 0

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For serving a writ of summons at Grand Turk

2 6 serving a writ of Capias, where no arrest

2 6 , mileage, per mile

0 3 a bail-bond

2 6 » every assignment thereof

3 0 » every arrest at Grand Turk

2 6 » every arrest elsewhere

3 0 » making a levy ..

5 0
making a return to any writ of “Habeas Corpus,” or
other writ

1 0
summoning a jury and attendance in Court

2 0
a special jury

20 0
attending the Judge with prisoner, on a writ of“ Habeas

5 0
his poundage on all sales, five pounds per centum on

the first fifty pounds, two and a half on the remainder
where the property sold does not produce more than
£100; where it exceeds £100—3 per cent.
raising a hue and cry

3 0 , executing every criminal condemned by judgment of the Supreme Court ..

40 0


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For calling every action or witness

opening every Court and adjourning when any cause is

„ every person discharged by proclamation

“ nolle prosequi
recognizance entered into by a defendant

person indicted of an assault
From every attorney, and the Prothonotary, at the end of

each term


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To be taken also by any person prosecuting on behalf of the Crown.

d. For retaining fee on every information

10 0 drawing every information

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No. 8.

No. 8.-ORDINANCE No. 12, 1852. Ord. No. 12, 1852.

An Ordinance to amend the Law of Evidence. (Passed 10th Nov.,

1852. Assented to 1st August, 1853.) PREAMBLE.

HEREAS, it is expedient to amend the law of evidence in

divers particulars ; May it, &c. :Act repealed.

I. That, so much of section one of the Act of the General Assembly of the Bahama Islands, now in force in this colony, passed in the tenth year of Her Majesty's reign, chapter thirty-two,

entitled “ An Act for improving the Law of Evidence," as provides, Witnesses not

that, the said Act shall not render competent any party to any deemed incapacitated suit, action, or proceeding, individually named in the record, or from interest. any lessor of the plaintiff

, or tenant of the premises, sought to be recovered in ejectment, or the landlord, or the person in whose right any defendant in replevin, may take cognizance, or, any person in whose immediate and individual behalf, any action may be brought or defended, wholly or in part, shall be, and the same is

hereby repealed. Parties to a suit II. That, on the trial of any issue joined, or of any matter or competent to question, or on any inquiry arising in any suit, or action, or other give evidence.

proceeding, in any Court of Justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence, the parties thereto, and, the person in whose behalf any such suit, action, or other proceeding, may be brought, or defended, shall, except as hereinafter excepted, be competent, and compellable, to give evidence, either “viva voce," or by deposition, according to the practice of the Court, on behalf of either, or any, of the parties, to the said suit, action, or other proceeding

Proviso as to


III. That, nothing herein contained, shall render any person No. 8. who, in any criminal proceeding, is charged with the commission of Ord. No. 12, any indictable offence, or any offence punishable, on summary con- 1852. viction, competent, or compellable, to give evidence for, or against himself, or herself, or shall render any person compellable to Criminal Proanswer any question tending to criminate himself or herself, or shall ceedings. in any criminal proceeding render any husband competent, or compellable, to give evidence, for, or against his wife, or any wife competent, or compellable to give evidence for, or against her husband.

IV. That, nothing herein contained, shall apply to any action, Proviso as to suit, or proceeding, instituted in consequence of adultery, or for proceedings in any action for breach of promise of marriage ; nor, shall anything Adultery, or

breach of herein contained, repeal any provisions in the Statute passed in Promise of the session of Parliament, holden in the seventh year of the reign Marriage. of King William the Fourth, and the first year of the reign of Her present Majesty, for amending the law with respect to wills, so far In respect of as such Statute is in force in this colony.

Wills, V. That, whenever any action or other legal proceeding, shall, Parties may be henceforth, be 'pending in any Superior Court of Common Law, compelled to

produce docuwithin these islands, such Court, and each of the Judges thereof, may, respectively, on application made for such purpose, by either of the litigants, compel the opposite party, to allow the party making the application to inspect all documents in the custody, or under the control of such opposite party, relating to such action, or other legal proceeding, and, if necessary, to take examined copies of the same, in all cases, in which, previous to the passing of this Ordinance, a discovery might have been obtained, by filing a bill, or by any other proceeding in a Court of Equity, at the instance of the party so making application, as aforesaid, to the Court or Judge.

VI. That, every document, which, by any law now in force, or Documents hereafter to be in force, is, or shall be admissible, in evidence, in admissible as any Court of Justice, in England, shall be admissible in evidence, evidence in in the like manner, to the same extent, and for the same purpose,

England, ad

missible, also, in any Court of Law, or Equity, in these islands; or, before any in this Colony. person, having by law, or by consent of parties, authority to hear, receive, and examine evidence.

VII. That, every Court, Judge, Justice, Officer, Commissioner, Authority to Arbitrator, or other person, now, or hereafter, having by law, or by administer consent of parties, authority to hear, receive, and examine evidence, oaths, is hereby empowered to administer an oath to all such witnesses as are legally called before them respectively,

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