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No. 2. Act 10 Vic. c. 20.

Fees.

Acts repealed.

of the same, or of so much thereof as will liquidate the amount mentioned in the writ, and shall forthwith pay the amount of such sales over to the Justice by whom such writ may be issued to be by him paid to the proper party or parties.

VII. Repealed by 11 Vic. ch. 3.

VIII. That each Justice of the Peace issuing process under this Act, shall be entitled to have and receive for the use of himself,* clerk and constable, the like fees as are payable on suits for the recovery of small debts under an Act of the Bahama Legislature passed in the eighth year of your Majesty's reign, entitled "An Act to abolish the Inferior Court in the Island of New Providence, and for transferring the jurisdiction thereof to the Judges of the General Court, and for other purposes."

IX. Repeals 13 Geo. 3, ch. 1; 10 Gco. 4, ch. 7; 4 Vic. ch. 4; and 7 Vic. ch. 2.

No. 3. Act 11 Vic.

c. 3.

PREAMBLE.

Recital of Act

No. 3.-11 Vic. ch. 3. An Act to amend the Laws regulating the recovery of Small Debts and Damages. (22nd March, 1848.)

WE

HEREAS in and by an Act passed in the tenth year of your Majesty's reign, entitled "An Act for making provision for of 10 Vic. c. 20. the recovery of Small Debts in certain islands of this colony," it is amongst other things enacted, that each and every of Her Majesty's Justices of the Peace of any island within this colony, shall have jurisdiction to hear and render judgment without intervention of a jury, in all cases of debt and assumpsit, wherein the sum demanded shall not exceed the sum of Five pounds sterling. And whereas it is expedient that the jurisdiction of the Justices of the Peace under the said Act should be extended to other actions than those of debt and assumpsit; May it, &c., That from and after the passing of this Act, the several Justices of the Peace, at the several islands of this Government, shall have cognizance of actions of trespass to tion of trespass real and personal property, and actions of trover, wherein the amount of damages claimed shall not exceed the sum of Five pounds sterling, and wherein in cases of trespass to real property, no question as to the title of the land alleged to have been trespassed on shall be involved.

Jurisdiction of Justices extended to ac

and trover,

wherein the damages do not exceed 51.

The provisions of 10 Vic. c. 20, extended to all cases adjudicated on by Justices of the Peace.

II. That the several provisions of the before-mentioned Act of the tenth year of Her Majesty's reign, regulating the mode of proceeding in cases of debt or assumpsit heard and adjudicated on before a Justice of the Peace under the said last-mentioned Act, from the commencement to the final hearing and rendering judgment, and award of execution, and levy and sale thereunder, as also regulating the liabilities of the parties, plaintiffs and defendants, to the payment of costs, shall, except as the same are altered by this Act, extend, apply to, and govern all cases heard and adjudicated on by a Justice of the Peace, under the authority of this Act, in the same and the like manner as if the said provisions were embodied in this Act, and in express words referred to the cases of trespass and trover in the first clause of this Act mentioned and specified.

* As to fees of the Justice, see Oid. 12, 1855, sec. 28, post, Part IV., Class XII.

III. That the jurisdiction of a Justice of the Peace under this Act, and of the aforesaid Act of the tenth year of Her Majesty's reign, shall be confined to cases wherein the cause of action shall have arisen within the district for which such Justice is commissioned to act; and to cases wherein the cause of action having arisen out of such district, the defendant, or one of the defendants, shall reside or carry on business therein.

IV. That when any summons or writ of execution is required to be served or executed out of the district for which the Justice issuing such summons or writ of execution is commissioned to act, it shall be lawful for the person at whose instance such summons or writ of execution issued to deliver, or cause the same to be delivered to a Justice of the Peace for the island or district in which the same is to be served or executed, and it shall thereupon be lawful for such last-mentioned Justice, and he is hereby required forthwith, to indorse his name on such summons or writ of execution, and to deliver it for service or execution to some lawful constable of his district, who shall thereupon proceed to serve or execute such summons or writ of execution, in the same and the like manner as if such summons or writ of execution had originally been issued by a Justice of the Peace for the district in which such constable is authorized to act, and every Justice indorsing any such summons or writ of execution shall be entitled to a fee of one shilling, to be paid in the first instance by the party at whose instance such indorsation was made, but shall afterwards be chargeable as costs in the suit, and the constable serving or executing such indorsed summons or writ shall be entitled to the fees of service or levy, as the case may be, prescribed by the Acts to which this is an amendment, and the service of any such indorsed summons, as aforesaid, shall be proved by affidavit made before a Justice of the Peace for the district wherein such service took place.

V. That the jurisdiction of the said Justices of the Peace, under the before-mentioned Act of the tenth year of Her Majesty's reign, shall extend to the recovery of any demand not exceeding the sum of Five pounds which is the whole or part of the unliquidated balance of a partnership's account, or the amount or part of the amount of a distributive share under an intestacy, or of any legacy under a will, or which is the amount of any penalty imposed by the rules of any body, corporate or public body, or institution, or other legal society, upon the members thereof, or subscribers thereto, for any infraction of the rules of any such body corporate, public body or institution, or other society.

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Administra

VI. That it shall be lawful for any executor or administrator to Lawful for sue and be sued before a Justice of the Peace, as aforesaid, in like Executors and manner as if he were a party in his own right: and judgment and execution shall be such, as in the like case would be given or issued in any superior Court.

VII. That no privilege shall be allowed to any person to exempt him from the jurisdiction of a Justice of the Peace under the said Act of the tenth year of Her Majesty's reign or of this Act. VIII. That where any plaintiff shall have any demand recoverable before a Justice of the Peace under this Act, or the Acts hereinbefore mentioned, against two or more persons jointly answerable, it shall be sufficient if any of such persons be served with process, and judgment may be obtained and execution issued against

tors to sue and be sued.

No privilege to exempt any person from jurisdiction of Court.

Suits for accounts against

two or more

parties regu

lated.

No. 3.

Act 11 Vic. c. 3.

Default of appearance of Plaintiff.

Default of appearance of Defendant.

Time may be
granted to
Plaintiff or
Defendant.

Who may be examined.

Perjury.

the person or persons so served, notwithstanding that others jointly liable may not have been served or sued, or may not be within the jurisdiction of the Justice, and every such person against whom judgment shall have been obtained under this Act, and who shall have satisfied such judgment, shall be entitled to demand and recover contribution from any other person jointly liable with him.

IX. That if upon the day of the return of any summons, or upon any day to which the hearing of the cause for which the said summons shall have been issued may be postponed, the plaintiff' shall not appear, the cause shall be struck out, and if he shall appear but shall not make proof of his demand to the satisfaction of the Justice, it shall be lawful for the Justice to nonsuit the plaintiff, or to give judgment for the defendant, and in either case where the defendant shall appear and shall not admit the demand to award to the defendant by way of costs and satisfaction for his trouble and attendance, such sum as the Judge in his discretion shall think fit, and such sum shall be recoverable from the plaintiff by such ways and means as any debt or damage ordered to be paid by the same Justice can be recovered: Provided always, that if the plaintiff shall not appear when called upon, and the defendant or some one duly authorized on his behalf shall appear, and admit the cause of action to the full amount claimed, the Justice may proceed to give judgment as if the plaintiff had appeared.

X. That if on the day so named in the summons, or at any continuation or adjournment of the cause in which the summons was issued, the defendant shall not appear, or sufficiently excuse his absence, or shall neglect to answer when called, the Justice upon due proof of service of the summons, may proceed to the hearing or trial of the cause on the part of the plaintiff only, and the judgment thereupon shall be as valid as if both parties had attended: Provided always, that the Justice in any such case, at the same or any subsequent Court, may set aside any judgment so given in the absence of the defendant, and the execution thereupon, and may grant a new trial of the cause, upon such terms, if any, as to payment of costs, giving security for debt or costs, or such other terms as he may think fit, on sufficient cause shown to him for that purpose.

XI. That the Justice of the Peace, may in any case make orders for granting time to the plaintiff or defendant to proceed in the prosecution or defence of the suit, and also may, from time to time, adjourn the hearing, or further hearing of any cause, in such manner as such Justice may deem fit.

XII. That on the hearing or trial of any action, or on any other proceeding before a Justice of the Peace under this Act, or either of the hereinbefore-mentioned Acts, the parties thereto, their wives, and all other persons may be examined, either on behalf of the plaintiff or defendant upon oath, or solemn affirmation, in those cases in which persons are by law allowed to make affirmation instead of taking an oath.

XIII. That every person who in any examination upon oath or solemn affirmation before a Justice of the Peace, in any proceeding under this Act, or either of the hereinbefore-recited Acts, shall wilfully and corruptly give false evidence, shall be deemed guilty of perjury.

XIV. That either of the parties to any suit or proceeding under

this Act, or the Acts before recited, may obtain from the Justice of the Peace, summonses to witnesses to be served by constable of the district in which the witnesses may reside or be, and any such summons may, at the option of the party obtaining it, be framed to contain a demand requiring the production of books, deeds, papers, and writings in the possession or control of the party to whom it is directed.

XV. That every person on whom any such summons shall have been served, and to whom at the same time payment or a tender of payment of his reasonable expenses shall have been made, and who shall refuse or neglect, without sufficient cause, to appear, or to produce any books, papers, or writings required by such summons to be produced, and also every person present at the hearing of any case, who shall be required to give evidence therein, and who shall refuse to be sworn and give evidence, shall forfeit and pay such fine, not exceeding five pounds, as the Justice shall set on him, and the whole or any part of such fine in the discretion of the Justice, after deducting the costs, shall be applicable toward indemnifying the party injured by such refusal or neglect, and the remainder thereof shall be paid into the Public Treasury in aid of the expenses of the Government.

No. 3. Act 11 Vic.

c. 3.

Books may be produced in evidence.

XVI. That payment of any fine imposed by a Justice of the Enforcement Peace under the authority of this Act may be enforced upon the of fines. order of the Justice, in like manner as payment of any debt adjudged before such Justice, and shall be accounted for as herein provided.

XVII. That if there shall be cross judgments between the parties, Cross judgexecution shall be taken out by that party only who shall have ments. obtained judgment for the larger sum, and for so much only as shall remain after deducting the smaller sum, and satisfaction for the remainder shall be entered as well as satisfaction on the judgment for the smaller sum, and if both sums shall be equal, satisfaction shall be entered upon both judgments.

from sickness,

&c., provided

for.

XVIII. That if it shall at any time appear to the satisfaction of Cases of absence the Justice of the Peace by the oath or affirmation of any person, or otherwise, that any defendant against whom such Justice hath given judgment in any proceeding under the said Acts, or this Act, is unable from sickness, or other sufficient cause, to pay and discharge the debt or damages as aforesaid, it shall be lawful for the Justice, in his discretion, to suspend or stay any judgment, order, or execution given, made, or issued in such action, for such time and on such terms as the Justice shall think fit, and so from time to time, until it shall appear by the like proofs as aforesaid, that such temporary cause of disability has ceased.

XIX. That no imprisonment under the sixteenth section of the before-recited Act of the eighth year of Her Majesty's reign, shall in anywise operate as satisfaction or extinguishment of the debt in respect of which such imprisonment was imposed. XX. That if any person shall wilfully insult a Justice of the Peace acting under the authority of this Act, or of the said Act of the tenth year of Her Majesty's reign, during his sitting or attendance in Court, or shall wilfully interrupt the proceedings of the Court, or otherwise misbehave in Court, it shall be lawful for any officer of the Court or constable, with or without the assistance of any other person, by the order of the Justice, to take such offender

Debt not extinguished by imprisonment

under a section of 8 Vic.

Penalty on insulting Judge of Court.

No. 3.

Act 11 Vic. c. 3.

Penalty on assaulting an

officer of Court.

Penalty for neglect as to levies.

Extortion in officers of Court, how punished.

Summary con

into custody and detain him until the rising of the Court, and the Justice shall be empowered, if he shall think fit, by a warrant under his hand and seal, to commit any such offender to any prison for any time not exceeding ten days, or to impose upon any such offender a fine not exceeding two pounds, for every such offence, and in default of payment thereof, to commit the offender to any such prison as aforesaid, for any time not exceeding ten days, unless the said fine be soon paid.

XXI. That if any officer of Court or constable shall be assaulted while in the execution of his duty, or if any rescue shall be made or attempted to be made of any goods levied on under the authority of this Act, or of the herein before-recited Act, the person so offending shall be liable to a fine not exceeding five pounds, to be recovered by order of the Justice, and in default of payment, to imprisonment with hard labour for any term not exceeding thirty days, in the discretion of the Justice, and it shall be lawful for the officer of the Court or any peace officer in any such case to take the offender into custody, with or without warrant, and bring him before such Justice accordingly.

XXII. That in case any officer of the said Court, or any constable who shall be employed to levy any execution against goods and chattels shall by neglect or connivance or omission lose the opportunity of levying any such execution, then upon complaint of the party aggrieved by reason of such neglect, connivance, or omission, and the fact alleged being proved to the satisfaction of the Justice on the oath of any credible witness, the Justice shall order such officer or constable as the case may be to pay such damages as it shall appear the plaintiff hath sustained thereby, not exceeding in any case the sum of money for which the said execution is issued, and the officer or constable shall be liable thereto, and upon demand made thereof, and on his refusal so to pay and satisfy the same, payment thereof shall be enforced by such ways and means as are herein provided for enforcing a judgment recovered before any such Justice.

XXIII. That if any constable acting under colour or pretence of any process issued by a Justice as aforesaid shall be charged with extortion or misconduct, or with not duly paying or accounting for any money levied by him under the authority of this Act or of any of the hereinbefore recited Acts, or if any constable shall refuse or neglect to sue or execute any process delivered to him for service or execution, it shall be lawful for the Justice to inquire into such matter in a summary way, and for that purpose to summon and enforce the attendance of all necessary parties in like manner as the attendance of witnesses in any case may be enforced, and to make such order thereupon for the repayment of any money extorted, or for the due payment of any money so levied as aforesaid, and for the payment of such damages and costs as he shall think just, and also if he shall think fit to impose such fine upon the officer or constable not exceeding five pounds for each offence as he shall deem adequate, and in default of payment of any money so ordered to be paid, payment of the same may be enforced by such ways and means as are provided for enforcing a judgment recovered in the said Court.

XXIV. That all summary convictions under this Act shall be victions may be subject to the provisions of an Act of the General Assembly of appealed from.

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