Page images
PDF
EPUB

PART III.

Class 1.-COURTS OF CHANCERY AND ORDINARY,
Class II.-COURT OF ERROR.
Class III.—SUPREME COURT AND CIVIL PROCEEDINGS THEREIN.
Class IV.-JURIES.
Class V.-Court of WRECK AND SALVAGE CASES.
Class VI.-COURTS FOR ADJUDICATING IN CASES OF PETTY DEBT AND

TRESPASSES.

CLASS I.
COURTS OF CHANCERY AND ORDINARY.
No. 1.

No. 1.-Bahama Act, 40 Geo. 3, c. 2. Act 40 G. 3, Section VIII. of this Act enacts that His Majesty's President for c. 2. the time being, together with the Privy Council, constituting the

Court of Chancery, have, and of right ought to have, power and Powers of Court of Chan. authority to execute, within these islands, so much as well of the cery and Courts aforesaid Statutes, as of the common law (except as herein xcepted) and officers of as the Lord Chancellor, or Keeper of the Great Seal, may lawfully Justice defined. do in England. *

W

and two

[ocr errors]

No. 2.

No. 2.-ORDINANCE No. 3, 1849. Ord. No.3, An Ordinance to constitute a Court of Chancery within the Turks 1849.

and Caicos Islands. (Passed 19th June, 1849. Confirmed PREAMBLE.

1st May, 1850.)

HEREAS in and by a certain Act of the Legislature of the Reciting 40th George 3,

Bahama Islands, made and passed in the 40th year of the Ch. 2, Bahama reign of His Majesty King George the Third, entitled “ An Act Laws.

to declare how much of the Laws of England are practicable within The President

the Bahama Islands, and ought to be in force within the same,' Members of

certain powers and authorities are vested in a Court of Chancery; Council to be

And whereas there is now no Court of Chancery in these appointed by islands, and it is expedient that this deficiency should be remedied; the President May it, &c., That the President of these islands, together with two to constitute a

members of the Legislative Council of the said islands, to be named Court of Chancery.

and appointed by the aforesaid President-shall be, and they are

hereby constituted the Court of Chancery for these islands. Court to make II. That the said Court shall and may make rules for conductrules.

ing the business of such Court, and fix the rate of fees and costs to be taken for transacting business therein, which rules shall be

binding on all suitors in the said Court. Appeals

III. That if any party shall not rest satisfied with any decree of allowed to the said Court, it shall be lawful for such party to appeal to Her Her Majesty in Majesty in Council, against the same : Provided, that notice of Council.

appeal be given within thirty days after decree pronounced, and Proviso. that good and sufficient security be given by the appellant effectually to prosecute such appeal within nine months, and to pay such No. 2. costs and damage as may be awarded by Her Majesty in Council: Ord. No. 3, Provided also that on cause shown, the time limited for the prose

* See No. 2, this l'ait.

1849. cution of such appeal may be enlarged by the Court.

IV. That in every case of appeal to Her Majesty in Council, How execution execution shall be stayed until the determination of such appeal, is to be stayed unless good and sufficient security be given by the appellee to the

in case of

appeal. appellant to make full satisfaction for all losses sustained by reason of such appeal in case the judgment in the first instance shall be reversed.

PREAMBLE>

No. 3.-ORDINANCE No. 5, 1849.

No. 3.

Ord. No. 5, An Ordinance to provide for the discharge of the Duties of Ordinary

1849. within the Turks and Caicos Islands. (Passed 3rd July,

1849, Confirmed 1st May, 1850.) W

the granting of licences of marriage and performing other Acts which commonly fall within the province of the Court of Ordinary ; May it, &c., That from henceforth the chief, or pre- Power of siding Judge of the Supreme Court of these islands, shall be Ordinary

Vested invested with the power of Ordinary, and shall exercise and perform Yudge of the all matters and things which have hitherto been accustomed to be Supreme Court. done and performed by the Ordinary within these islands.

II. That the said Judge shall have full power and authority to The said make rules and regulations for the guidance of suitors in the said Judge to Court, which rules shall be printed for general information.

III. That the said judge shall have the same and the like power How decrees and authority for enforcing any decree or order given or pro

to be enforced. nounced in any case, or with respect to any matter coming within his jurisdiction by virtue of this Ordinance, as he now possesses in cases of contempt of Court, and may issue his warrant for the imprisonment of any party so in contempt until he or they yield obedience unto such order or decree.

IV. That the costs for transacting any business coming within Table of Costs the meaning of this Ordinance, shall be according to a table of fees to be regulated

by the to be regulated by the President of these islands in Council—and

President, when fixed, shall be annexed to the printed rules for general information,

make rules,

No. 4.–ORDINANCE No. 2, 1850.

No. 4.

Ord. No. 2, An Ordinance to amend two several Ordinances, entitled severally

1850. No. 3, 1849. An Ordinance to constitute a Court of Chancery within the Turks and Caicos Islands—andNo. 5, 1849. An Ordinance to provide for the discharge of the Duties of Ordinary within the Turks and Caicos Islands.” (Passed July

2nd, 1850. Confirmed Feb. 26th, 1851.) HEREAS in and by the Ordinance No.3, 1849, entitled " An PREAMPLE.

the

Turks and Caicos Islands”.

-as also by the Ordinance No.5 of the same year, entitled “ An Ordinance to provide for the discharge of

G

No. 4.

the Duties of Ordinary within the Turks and Caicos Islands,” it is Ord. No. 2, amongst other things enacted, that the said Courts should have 1850. power to make rules and regulations for conducting the business of

such Courts, which rules shall be binding on all suitors in the said Rules for the

Courts respectively. And whereas it is expedient that such rules practice of the Courts of

and regulations should not be enforced until they shall have reChancery and

ceived the confirmation of the Council of Government of these Ordinary not Islands; May it, &c. in force until

That before any rules or regulations of either of the said Courts approved by

shall be binding upon the suitors therein, the same shall first be the Legislative Council.

approved and confirmed by the Legislative Council of the said islands.

W

CLASS II.

COURT OF ERROR. No. 1.

No. 1.-ORDINANCE No. 4 of 1849. Ord. No. 4, An Ordinance for regulating Appeals from the Court of Common Laro 1849.

within these Islands. (Passed June 19th, 1849. Confirmed

May 1st, 1850.) PREAMBLE.

HEREAS it is expedient that the right of appealing from the

Superior Court of these islands should be established; May Appeals may

it, &c., That from and after the passing of this Ordinance it shall be be inade from lawful for any party or parties, who shall not rest satisfied with the Courts of

judgment of the superior Court of these islands, in any civil cause, Common Law to a Court of

to appeal from such judgment by Writ of Error to the President Error.

for the time being, who, with two members of the Legislative The President

Council for these islands, to be nominated by the said President, with two shall form a Court for the decision of such appeals, and shall Members of

judge and determine therein according to law. Provided that no Council to

such appeal shall be allowed, unless the same be craved within constitute a Court of Error. fourteen days after judgment signed and entered, and unless the

party or parties appellant, shall give good and sufficient security, forthwith to prosecute such appeal and to satisfy all costs and charges, which may be awarded against him, her, or them, in the event of the judgment in the Court below being affirmed. And all proceedings upon such appeals, shall be conducted in the same

manner as is practised in cases of Writs of Error in England. The Judge from II. That in no case shall it be lawful for the Judge of the whose Decree an Supreme Court-(being a Councillor) to vote on the decision of Appeal is made,

any such appeal, although he may be present and may give his a Judge in a

reasons for such decision. Court of Error. III. That if any party shall not rest satisfied with the decision of A decree in the Court of Appeal aforesaid, it shall be lawful for such party, to Error may be

appeal from such decision to Her Majesty in Council: Provided appealed against that such appeal be made within fourteen days after judgment to the Queen in Council. given, and good and sufficient security be given to the opposite Proviso. party, effectually to prosecute such appeal within nine months, and

to pay all damages which may be awarded in such case. Execution to IV. That in every such case of appeal, execution shall be stayed be stayed in until the final determination of such appeal, unless good and sufcase of Appeal. ficient security be given by the appellant to make full restitution

to the appellee of all loss sustained by such appellee, by means of

not to vote as

such judgment, in case upon the determination of such appeal, such judgment shall be reversed.

V. That the costs in all cases of appeal under this Ordinance shall be regulated as nearly as may be according to the fees which have been accustomed to be taken in the Supreme Court.

No. 1. Ord. No. 4,

1849.

c. 8.

W

Act of Assem

CLASS III. SUPREME COURT, AND CIVIL PROCEEDINGS THEREIN. No. 1.–10 Geo. 4, ch. 8. An Act for rendering a Written Memo- No. 1.

randum necessary to the validity of certain Promises and Act 10 G. 4,

Agreements. (January 11th, 1830.) HEREAS, by an Act passed in England in the twenty-first PREAMBLE,

year of the reign of King James the First, it was, among reciting 21 Jas. other things, enacted, that all actions of account, and upon the 1, c. 16, and an case, other than such accounts as concern the trade of merchandize bly, 40 Gto. 3, between merchant and merchant, their factors or servants, all actions c. 2. of debt grounded upon any lending or contract without specialty, and all actions of debt for arrearages of rent, should be commenced within three years after the end of the then present Session of Parliament, or within six years next after the cause of such actions or suits, and not after: and whereas the said recited statute, by force and operation of a certain Act of the General Assembly of these islands, made and passed in the fortieth year of the reign of His late Majesty King George the Third, entitled, “ An Act to declare how much of the laws of England are practicable within the Bahama Islands, and ought to be in force within the same,” has been recognized, and is now esteemed, used, accepted, and received as one of the laws of these islands; and whereas, various questions have arisen in actions grounded on simple contract, as to the proof and effect of acknowledgment and promises offered in evidence for the purpose of taking cases out of the operation of the said recited enactment, and it is expedient to prevent such questions, and to make provisions for giving effect to the said enactment, and to the intention thereof; May it, &c., That in actions of debt, or on Verbal prothe case grounded upon any simple contract, no acknowledgment or mise not suffipromise, by words only, shall be deemed sufficient evidence in any

cient evidence

of the continuof the Courts of these islands, of a new or continuing contract,

ance of any whereby to take any case out of the operation of the said enactment, contract. or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby; and that where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor, or administrator, shall lose the benefit of the said enactment, so as to be chargeable in any respect, or by reason only of any written acknowledgment or promise, made and signed by any other or others of them : Provided always, that nothing herein contained shall alter, or take away, or lessen, the effect of any payment of principal or interest, made by any person whatsoever : Provided Proviso realso, that in actions to be commenced against two or more such specting Joint

Contractors. joint contractors, or executors, or administrators, if it shall appear at the trial, or otherwise, that the plaintiff, though barred by the

c. 8.

on any

any other

other party

No. 1. said recited Act, as to one or more of such joint contractors, or Act 10 G. 4, executors or administrators, shall, nevertheless, be entitled to recover

against any other or others of the defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given, and costs allowed for the plaintiff, as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff'

. Proceedings II. That if any defendant or defendants in any

action when any de

simple contract, shall plead any matter in abatement, to the effect fendant shall

that plead that any

person or persons ought to be jointly sued, and issue be joined on such plea, and it shall appear at the trial that the ought to be action could not, by reason of the said recited Act, be maintained jointly sued.

against the other person or persons named in such plea, or any of them, the issue joined in such plea, shall be found against the

party pleading the same. No indorse- III. That no endorsement or memorandum of any payment, ment by the

written or made, after the time appointed for this Act to take effect, party to whom payment is upon any promissory note, bill of exchange, or other writing, by or made, to ope

on behalf of the party to whom such payment shall be made, shall rate against be deemed sufficient proof of such payment, so as to take the case said Statute.

out of the operation of the said statute. Said Statute IV. That the said recited Act, and this Act, shall be deemed and and this Act,

taken to apply to the case of any debt or simple contract alleged by applicable to

way of set-off, on the part of any defendant, either by plea, notice, any debt, &c., by way of set-off. or otherwise. Verbal promise V. That no action shall be maintained whereby to charge any made after full

person upon any promise made, after full age, to pay any debt conage, of payment tracted during infancy, or upon any ratification, after full age, of of debts contracted during any promise or simple contract made during infancy, unless such infancy, not promise or ratification shall be made by some writing, signed by binding the party to be charged therewith. No person shall VI. That no action shall be brought whereby to charge any be charged by person upon, or by reason of any representation or assurance made reason of any

or given concerning or relating to the character, conduct, credit, sentation re- ability, trade, or dealings, of any other person, to the intent or garding the purpose that such other person may obtain credit, money, or goods credit of

thereupon, unless such representation or assurance be made in another,

writing, signed by the party to be charged therewith.

VII. Commencement of Act, 1st January, 1831.

verbal repre

No. 2. Act 3 Vic.

c. 33.

No. 2.-3 Vic. ch. 33. An Act to extend to these Islands the Act

of Parliament 3rd & 4th William 4, ch. 42, entitled, An Act for the further Amendment of the Law, and the better

Administration of Justice." (February 20th, 1840.) Enacts : “ That from and after the passing thereof, the above mentioned Act of Parliament shall be in force within these islands, with the following provisos; Provided, however, that the 1st, 7th, 15th, 16th, 17th, 18th, 19th, 20th, 22nd, 36th, 42nd, 43rd, 44th, and 45th clauses of the aforesaid Act, not being applicable to the Turks and Caicos Islands, shall not be in force therein : Provided also, that no person, being within any part of the said islands, shall be deemed or taken to be beyond seas, for any purpose mentioned in the said above-mentioned Act."

« EelmineJätka »