Page images


c. 119.


No. 16.

Act 8 & 9 V. both at law and in equity, into and out of the said lands and premises hereby granted, or intended so to be, and every part and parcel thereof, so as that neither he, nor his heirs, executors, administrators, or assigns, shall, nor may at any time hereafter, have, claim, pretend to, challenge, or demand the said lands and premises, or any part thereof, in any manner howsoever ; but the said releasee, his heirs and assigns, and the same lands and premises, shall from henceforth for ever hereafter be exonerated and discharged of and from all claims and demands whatsoever, which the said releasor might or could have upon him in respect of the said lands or upon the said lands.

c. 62.


No. 17.-9 & 10 Vic. ch. 62. An Act to Abolish Deodands. No. 17. (18th Aug. 1846.)

Act9& 10 V. CHEREAS the law respecting the forfeiture of chattels which

have moved to or caused the death of man, and respecting deodands, is unreasonable and inconvenient; Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from Deodands and and after the First day of September, One thousand eight hundred forfeiture of

chattels moving and forty-six, there shall be no forfeiture of any chattel for or in

to or causing respect of the same having moved to or caused the death of man; death abolished and no coroner's jury sworn to inquire, upon the sight of any dead from and after body, how the deceased came by his death, shall find any for- 1st Sept., 1846. feiture of any chattel which may have moved to or caused the death of the deceased, or any deodand whatsoever; and it shall not be necessary in any indictment or inquisition for homicide to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value.

c. 93.


No. 18.-9 & 10 93. An Act for Compensating the Families No. 18.

of Persons Killed by Accidents. (26th Aug. 1846.) Act 9 & 10 V. THEREAS no action at law is now maintainable against a

person who by his wrongful act, neglect, or default, may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him ; Be it therefore An action to be enacted by the Queen's most Excellent Majesty, by and with the maintainable advice and consent of the Lords Spiritual and Temporal, and Com- against any mons, in this present Parliament assembled, and by the authority death through

person causing

c. 93.

No. 18. of the same, That whensoever the death of a person shall be caused Act 9 & 10V. by wrongful act, neglect, or default, and the act, neglect, or default

is such as would (if death had not ensued) have entitled the party

injured to maintain an action and recover damages in respect neglect, &c., notwithstanding

thereof, then and in every such case the person who would have the death of the been liable if death had not ensued, shall be liable to an action person injured. for damages, notwithstanding the death of the person injured, and

although the death shall have been caused under such circumstances

as amount in law to felony. Action to be for II. And be it enacted, That every such action shall be for the the benefit of

benefit of the wife, husband, parent, and child of the person whose certain rela

death shall have been so caused, and shall be brought by and in tions, and shall be brought by

the name of the executor or administrator of the person deceased; and in the name and in every such action the jury may give such damages as they of executor or

may think proportioned to the injury resulting from such death to administrator of the deceased.

the parties respectively for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their

verdict shall find and direct. Only one action

III. Provided always, and be it enacted, That not more than one shall lie, and to action shall lie for and in respect of the same subject matter of be commenced within twelve

complaint; and that every such action shall be commenced within months. twelve calendar months after the death of such deceased person. Plaintiff to IV. And be it enacted, That in every such action the plaintiff deliver a full

on the record shall be required, together with the declaration, to particular of the person for

deliver to the defendant or his attorney a full particular of the whom such

person or persons for whom and on whose behalf such action shall damages shall be brought, and of the nature of the claim in respect of which be claimed.

damages shall be sought to be recovered. Construction V. And be it enacted, That the following words and expressions of Act, are intended to have the meanings hereby assigned to them re

spectively, so far as such meanings are not excluded by the context or by the nature of the subject matter: that is to say, words denoting the singular number are to be understood to apply also to a plurality of persons or things; and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender; and the word “person shall apply to bodies politic and corporate ; and the word “parent” shall include father and mother, and grandfather and grandmother, and stepfather and stepmother; and the word “child ” shall include son and daughter,

and grandson and granddaughter, and stepson and stepdaughter. Act to take VI. And be it enacted, That this Act shall come into operation effect after

from and immediately after the passing thereof, and that nothing passing, and not to apply

therein contained shall apply to that part of the United Kingdom to Scotlaud.

called Scotland. Act may be

VII. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed in this session of Parliament.


[ocr errors]


Alien, right to jury de merlict ite linguæ, 181.
ABDUCTION of female under 16 years of age, how Alienation of real estate by husband and wife, valid
punished, 253.

with certain conditions and penalties, 401,
for lucre, how punished, 253.

Abortion, attempt to procure, how punishable, 209, Amendment

Civil Court.
Absence of certain public officers, how provided for, of Record allowed in certain cases, at discre-
109, 174.

tion of Court, 87, 158.
of defendant, how service of writ effected in in Actions for Ejectment, at discretion of
case of, 99.

Court, when objections rest upon forms
Accessaries to murder before the fact, how punish-

only, 157.
able, 238.

Inadvertent mistake in writ may be amended
after the fact, 197, 237.

without costs, 124.
punishable, when principal not attainted, Irregularity in Writ may be amended on pay.
238, 255.

ment of costs, 124.
several may be charged in the same informa- Rejoinder of Defendant may be amended be-
tion, 249.

fore trial, 128.
Accidental homicide, not punishable, 197.

Plaintiff, plea in abatement for, may be
Action, proceedings on, in Supreme Court, Civil amended, 128.
side, 83-174, 190.

Proceedings in, 128.
in Petty Debt Court, 188-195.

Criminal Court.
Debt in specialties, limitation of action for 85. Dilatory Pleas may be amended, 240.
Ejectment, proceedings in, 146-157.

Verdict after amendment of Record' shall be of
Forms at various stages in action of, full force, 247.

Appeal from Court of Chancery, Right of, to Privy
Joinder of claiins not to arply to ac-

Council of Great Britain, 80.
tions in, 129.

Summary convictions, bow and to whom
Executors may bring or defend, 85.

made, 289.
Mixed, upon real estate, abolished, 588.

Superior Courts to Privy Council, 82.
Replevin, joinder of claims not to apply in Stays execution, 82.
actions of, 129.

Appearance, default of, by Defendant, judgment in
Trespass, action for, not exceeding £5, may consequence of, 101,
be taken cognizance of by Petty Debt

must be indorsed on Writ, 125.
Court, 190.

to writ may be entered any time before judg-
Trover, 190.

ment, 126.
Adverse claims, relief against, for parties haviug Apprentices, laws referring to, 264.
no interest, 95.

Arbitration once agreed to, submission not revocable
Decision of Court final, 95.

at will, 91.
Advertising Rewards for stolen property, how Reference to, has same effect as verdict of
punishable, 226.

jury, 104.
Advowson, right of recovery of, limited, 587. Arbitrator may administer oath, or take affirma-
barred absolute after 100 years, 588.

tion, 92, 119.
Affirmation, false, punishable as perjury, 92, Arrearage of Rent may be distrained for by Exe-
Agent, breach of trust or embezzlement by, how cution, 91.
punishable, 223, 224.

Arrest on Capias, how discharged, 100.
Agreement to pay a sum in result of trial of issue, of Judgment, 142.

may be enforced by judgment and execution, of Electors prohibited for forty-eight hours

before and after election, 42.
Alien may hold land on lease, not to exceed 21 years, Arson, penalty for, 212.
with power of renewal, 398.

Assault (and Battery), summary convictions for,
Naturalization of, enactments respecting, 60-

198, 199.
with intent to commit felony, 198, 252.

2 x


person, 608.

Assembly, members of, qualification for, 42. Common Law of England extended to Turks and

Must make tiesh declaration of qualifi- Caicos Islands, 16.
cation each session, 50.

Compensation to families for members killed by ae.
When qualification questioned, how pro-

cident, 607.
ceeded with, 51

Action must be commenced within a given
Qualification oath, 43.

period, 608.
State oath to be taken by, 42.

not more than one in respect of sarne
Attainder not to bar indictment, unless for same
offence, 241,

Concealment of birth, how punishable, 197.
Attempted crime, conviction for, may be had on in- | Constable, duties of, 267.

formation imputing actual commission, 246, Local, 365.

Special, 365.
Attorneys, in Civil Courts,who recognizable as, 111. Stipendiary, 365.
Auction, sales by, regulations respecting, 479-482. Contract of service, definition of, 267.
Averment, fictitious or needless, not allowed to be Before Supreme Court, what constitutes, 83.
pleaded, 130.

Law relating to, 268-273.

Conviction, previous, not to be adduced in evidence

unless plea of character be set up, 593.
Bahama Acts, extended by Separation Act of 22nd

may be stated, after conviction for sub-
March, 1848, 28-36.

sequent felony, 593.
Currency (See CURRENCY).

affects punishment, 242.
Bail, forging recognizances of, how punishable, 236.

how to be inquired into, 253.
Balfour town, limits of defined, 396.

Summary, appeal from, how regulated, 289-
Bankruptcy, effect of, on action, 142.

Bank, public, ordinance establishing, 527-532.

Copyright Act, 486.
Bigamy, punishment of, 197.

Coroner, duties of, 238, 259-262.
Exception, when not heard of in any way Corporation Sole (v. ECCLESIASTICAL, ELEEMO-
during seven years, 198.

Birth, concealment of, how punishable, 197. Council, Orders in, of 11th August, 1848, defining
Registration of, imperative.

limits of colony, 5-11.
Breach of Police regulations specified, 366.

Legislative, modes of election of elective
Bribery at Elections, regulations to prevent, 41.

members, 3,
penalty for, 41.

Re-appointment of elective members of, 56.
Burglary defined, 216.

Disorderly conduct in, how punishable, 57.
how punished, 216, 232.

Counterfeit Coin, penalty for passing, 253.
Burial, secret, of child, how punishable, 197,

Bail, 236.

Coverture, right of, how protected in Law, 86.

Creditor, decree of Chancery awarding payment to,
Capital offences (See Person, offences against).

places on footing of Judgment Creditor, 107.
Catholic (See Roman CATHOLIC).
Cattle Act and Amendments, 353-358.

Criminal procedure in Superior Court, code of, 238.

Census, enactment respecting taking of the, 555. Cruelty to animals, enactments defining penalties
Challenge, right of, in criminal cases, limited in

for, 358-361.
cases of treason, felony, and piracy, 241.
Chancery and Ordinary, Courts of, general pro-

Currency, Sterling money declared money of ac-
cedure in, 80-82.

count, 532.

Peseta, declaration of reduced value of, 533.
Execution, how stayed in case of appeal, 80.
Ordinance of 19th June, 1849, constituting

Relative proportions of Bahama coins, ster-

ling and silver dollars, 533,
Court, 80.
Powers defined, 80.

Cutting and wounding, penalty for, 252.
Right of appeal to Privy Council, 80.

Rules made by Court must be confirmed by Death, sentence of, execution of, must await in-
Legislative Council, 82.

structions from Governor of Jamaica, 108.
Decree of, awarding payment to any person,

may be commuted, and sentence only
shall entitle him to recover as judgment recorded, 563.
creditor, 107.

How affects suit, 140, 141.
Charter, text of the, 11.

When not to be inflicted on felons, 241.
Clergy, enactments defining duties of, 431-437.

of President how provided for, 14.
Passages to Colony, provided for, 433. Debt, Bahama, portion to be defiayed by Turks
Clerk, theft or embezzlement by, how punishable, Islands, 3.

Promise to pay is invalid if contracted dur-
Civil proceedings in Supreme Court, 83-174.

ing minority, 83.
Combinations of workmen, enactments regulating, Declaration in Civil Suit must be filed by Defend-
and limiting rights of, 268-273.

ant within ten days after appearance, 101.
Form of conviction and commitment relating

must be filed against Plaintiff within
to, 272,

one year after service of summons, 131.
commitment, when member of, refuses Traverse of, of Defendant, by Plaintiff, may
to appear as witness, 272,

be either general or separate, 134.


Declaration of libel or slander, 131.

Estate by purchase, 591.
Deeds affecting land, enactments concerning Regis- by devise, 592.
try of, 401-410.

Exchange, Bill of, forging engraving of, how punish-
Default, judgment by, declared final, 136.

able, 236.
Demurrer, judgment may be passed on, according Information on, mode of procedure, 247.
to right of case, 130.

Execution, how stayed in case of appeal from De-
Special, abolished, 130.

cree of Chancery, 80.
and plea, may, on leave given, be put in same Supersedeas of, when error in law does not
plea on affidavit of relevancy, 134.

admit of, 143.
Deodand, general, abolished, 607.

Executor (See also WILL).
under Coroner's Inquest abolished, 262.

may bring and defend actions before Supreme
Derelict goods to be reported, 460.

Court, 85.
Destitute children may be apprenticed, 438.

may distrain for rent in arrears, 91.
Detainer on prisoner for unsatisfied judgment other liable for costs in event of nonsuit, 91.
than that on which confined, 138.

Exemption from Duty, Schedule of articles entitled
Disabilities, Civil, of Roman Catholics abolished,

to, 490.
58, 566-577.

Esplosive substances, punishment for sending with
Coloured and Black subjects, 58-60.

felonious intent, 309.
Documents, parties may be compelled to produce, Extortion, attempt at, by letters threatening to
119, 138,

accuse of infamous crime, 214, 216, 233.
Dog-stealing, penalties for, 219.

by officers of Court, 214.
tax, 483.

by means of threatened libel, 598.
Dower cannot be had out of real estate, not being
descent by devise, till claims of creditors

are satisfied, 108.

Fact, Questions of, may be raised without pleading,
not more than six years' arrears recoverable,

unless claimed in the interim, 589.

False pretences, obtaining goods by, how punished,
Renunciation of, must be recorded, 110.

deemed effectual bar, 110.

Felo de se, burial of persons on whom verdict of,
Commission may be appointed to take, has passed, 261.

Finding, special, may be ordered without amending
Duties, schedule of, leviable on imports, &c., 488, record, 88.

Fines (See MONEY-penalties).

Firing wood, timber, &c., penalties for, 343.
Ecclesiastical Corporation Sole, limitation of right Foreigners naturalized may vote at elections, 41.
to recover rent, 587.

Forgery, Acts relating to, 234-237, 247.
Jurisdiction of Bishop of Jamaica, 430.

information of, need only aver attempt to
Education, enactments i especting, 439-441.

defraud, 247.
Ejectment, proceedings in action of, 146-157.

of bail, how punishable, 236,
Elections, mode of procedure at, 44.

description of instrument need only be ap-
Out Islands, writs for, may be sent to Jus- proximative, 247.
tices of the Peace, 44.

Friendly Societies, Acts regulating, 62-68.
Duties of Justices in such case, 44.

Frontage lots, provisions respecting improvement
Various modes of procedure in case of recess,

of, 399.
death, &c., 45, 46.

Electors may not be arrested for forty-eight hours
before an election, 42.

Gambling, regulations respecting, 352.
Oath to be administered to, 42,

Goods, general regulations as to landing and clear-
Eleemosynary corporations, limitations of right to

ance of, 461.
recover rents, 587.

Ad valorem duty on, when and how levi-
Embezzlement, punishment of, 223.

able, 462.
Emolument, tenure of any office of, disqualifies

bonded, 466.
for seat in Assembly, 49.

Credit for duties on, extended to six months
Schedule of offices so disqualifying, 49.

if exceeding £20, 463.
Engraved counterfeits-fac-similes need not be

Drawback of 90 per cent, on imported goods
set forth at trial, 247,

exported in same packages, 464.
Error, Court of, general procedure in, 82, 83.

Entry of, invalid, if improperly described,

Appeal, right of, to Privy Council, 82.
Constitution of Court, 82.

must be entered within twenty days, or
Decree may be appealed to Privy Council, 82.

lodged in Queen's warehouse, 465,
Execution, how stayed in case of appeal, 82.

seized or forfeited, regulations as to, 468-
Interest allowable on all writs of, in delay of

execution upon judgment, 90.

Grand Cay, limits of, how defined, 395.
in law, when does not admit of supersedeas Grand Turk, limits of, how defined, 396.
of execution, 143,

Suggestion of error, memorandum of, 144.
Estate (See also REAL).

Hawking goods, regulatious respecting, 361,
of inheritance, what declared to be, 591.

License for, 482.

« EelmineJätka »