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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
,, attending at the Judge's chambers, on a petition preferred, or examinations of persons departing the Government
,, taking the examination of any person before the Judge, if done by the Prothonotary, or his clerk, per folio of seventy-two words..
every affidavit in writing, per copy sheet of seventy-two
fair copy, per copy sheet
writing letters, when necessary in the cause, and before action or suit
,, every attendance necessary in the cause (no attendance on counsel to be charged, unless counsel be actually retained)
writ of summons, or Capias, or subpoena, or other writ 12 6
,, copy writ and notice, each
indorsing costs on writs
drawing" scire facias"
,, drawing a declaration, plea, replication, rejoinder, demurrer, joinder in demurrer, or other pleading
the pleadings and proceedings, if special, more, each .. copy thereof, per copy sheet
,, copy of every bond, or other writing declared on, if not exceeding five copy sheets..
", exceeding five copy sheets, each copy sheet..
fee on rule to plead, rule for trial, or executing writ of inquiry, rule to reply, rejoin, or other common rule
fair copy, per copy sheet
06 0 3
,, every search, such as for appearance, declaration, when
entering appearance, or for defendant, sec. stat.
drawing short particulars to accompany any declaration
witnesses residing out of town, per mile
witnesses coming from any out-island, their reasonable
a Court fee in every cause, not exceeding two Courts,
The attorney to pay the jury, in every cause tried, or in-
"Venditioni exponas, fieri facias, ad satisfaciendum," for
signing an execution or "scire facias'
fee on ending every cause
,, notice of trial, or, inquiry
,, drawing, signing, and, acknowledging satisfaction in, or
signing every other paper or proceeding not herein men-
attending the Judge at his chambers, to make a motion,
or to confess judgment by warrant of attorney drawing every petition to the Court, or Judge fair copy, per copy sheet
,, every special argument, upon a rule of Court, at Cham-
attending arbitrators upon a rule of reference, each day 8 attending to strike special jury
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
drawing interrogatories for such examination, per copy
For serving a writ of summons at Grand Turk
serving a writ of Capias, where no arrest mileage, per mile
,, every assignment thereof
,, every arrest at Grand Turk
,, every arrest elsewhere
making a levy..
making a return to any writ of "Habeas Corpus," or
attending the Judge with prisoner, on a writ of" Habeas
his poundage on all sales, five pounds per centum on
raising a hue and cry
executing every criminal condemned by judgment of the
From every attorney, and the Prothonotary, at the end of
QUEEN'S ADVOCATE'S FEES.
To be taken also by any person prosecuting on behalf of the Crown.
For retaining fee on every information
drawing every information
d. 10 O
Ord. No. 12, 1852.
Witnesses not deemed incapacitated from interest.
Parties to a suit competent to give evidence.
No. 8.-ORDINANCE No. 12, 1852.
An Ordinance to amend the Law of Evidence. (Passed 10th Nov., 1852. Assented to 1st August, 1853.)
WHEREAS, it is expedient to amend the law of evidence in
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, that, the said Act shall not render competent any party to any suit, action, or proceeding, individually named in the record, or 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.
II. That, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, or action, or other 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.
Ord. No. 12, 1852.
III. That, nothing herein contained, shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable, on summary conviction, competent, or compellable, to give evidence for, or against Proviso as to 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, suit, or proceeding, instituted in consequence of adultery, or for any action for breach of promise of marriage; nor, shall anything herein contained, repeal any provisions in the Statute passed in the session of Parliament, holden in the seventh year of the reign 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 as such Statute is in force in this colony.
V. That, whenever any action or other legal proceeding, shall, henceforth, be pending in any Superior Court of Common Law, within 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 hereafter to be in force, is, or shall be admissible, in evidence, in any Court of Justice, in England, shall be admissible in evidence, in the like manner, to the same extent, and for the same purpose, in any Court of Law, or Equity, in these islands; or, before any person, having by law, or by consent of parties, authority to hear, receive, and examine evidence.
Proviso as to proceedings in Adultery, or
breach of Promise of
In respect of
Parties may be compelled to
Documents admissible as evidence in missible, also, England, adin this Colony.
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.