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PART II.

CLASS I.-COURTS OF CHANCERY AND ORDINARY.

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II.-COURT OF ERROR.

III.-COURT OF ADMIRALTY SESSIONS.

IV.-COURTS OF COMMON LAW AND CIVIL PROCEDURE

THEREIN.

V.-BANKRUPTCY AND INSOLVENCY COURts.

VI.-COURT OF DIVORCE AND MATRIMONIAL CASES.
VII.-COUNSEL, ATTORNIES AND NOTARIES.

VIII.-JURIES.

CLASS I.

COURTS OF CHANCERY AND ORDINARY.

Y the Act 28 Vic. c. 23, the jurisdiction heretofore exercised the Judges thereof. See Act, as also 29 Vic. c. 31, and 30 Vic. c. 13, passed in amendment thereof, post, this Part, Class IV.

PART II.

CLASSES II. AND III.

COURT OF ERROR AND COURT OF ADMIRALTY
SESSIONS.

No Acts relating to these Courts have been passed since the
Compilation of the Laws in 1862.

28 Vic. c. 23.

PREAMBLE.

1 Will. 4, c. 7.

PART II.
CLASS IV.

COURTS OF COMMON LAW AND CIVIL PRO-
CEDURE THEREIN.

28 Vic. c. 23. An Act to transfer the Jurisdiction now exercised
by the Governor as Chancellor, to the General Court,
and the Judges thereof. (Assented to 3rd May, 1865.)

WHE

HEREAS, in and by an Act passed in the first year of the reign of King William the Fourth, designated in the printed laws of the Colony as 1 Wm. IV. ch. 7, reciting that

whereas, in and by an Act passed in the 40th year of the reign of 28 Vic. c. 23. his then 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," it was and is amongst other things declared that his Majesty's Governor, or Commander-in-Chief for the time being, together with the Privy Council constituting the Court of Chancery, have and ought to have power and authority to execute within these Islands, so much as well of the statutes in such Act mentioned, as of the common law, (except as therein excepted,) as the said Chancellor, or the Keeper of the Great Seal, lawfully might do in England; it was then enacted and declared, that from and after the passing of the said Act of the 1st year of the reign of King William the Fourth, chapter 7, the Governor, or in case of his death, or absence, such other officer as should administer the Government in his place for the time being, should be sole Chancellor in and for the said Bahama Islands, and should have power and authority to execute within the said Islands so much as well of the statutes mentioned and referred to in the said Act of the 40th year of King George the Third, as of the common law, (except as therein excepted,) as the Lord Chancellor, or Keeper of the Great Seal, lawfully might do in that part of the United Kingdom of Great Britain and Ireland called England:

AND WHEREAS, by various other Acts of Assembly, passed subsequently to the said Act of the 1st year of the reign of King William Fourth, ch. 7, other powers, jurisdiction and authorities have been given to and vested in the Court of Chancery, and in the Governor aforesaid, as sole Chancellor :

AND WHEREAS, it is expedient to transfer all such jurisdiction, powers and authorities to the General Court of the said Islands, and to the Judges of that Court; May it therefore, &c.

transferred to

I. From and after the 31st day of December, 1865, all the Powers of jurisdiction, powers and authorities now by law vested in and Court of exercised by the Court of Chancery of the Bahama Islands, and in Chancery and by the Governor, or other officer administering the Govern- General Court. ment of the said Islands as Chancellor, shall be, and the same is and are hereby transferred to and vested in the General Court of the said Bahama Islands, and the Judges thereof, and all Acts now in force, vesting any jurisdiction in the Court of Chancery, or regulating the practice or procedure therein, shall apply to the said General Court and the Judges thereof, in the exercise of the equity jurisdiction hereby vested in the said Court and the said Judges.

II. Repealed by 30 Vic. c. 13.

Time when
Court shall
hold sittings.
Judges of
General Court

III. Every Judge of the said General Court shall have power and authority to transact such equity business at Chambers, or elsewhere, whether during term time or vacation, as the Lord Chancellor or any Vice-Chancellor may transact in similar cases Chambers, &c. in England.

may sit at

pending in Chancery to be

IV. On the transfer of the jurisdiction of the Court of Chancery Suits now to the General Court, as aforesaid, all suits and proceedings then pending in the said Court of Chancery shall be transferred to the last-mentioned Court, and shall be further proceeded with as may

transferred.

28 Vic. c. 23. be provided for by any general or special rules for that purpose to be made by the Judges of the said General Court.

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V. The Judges of the said General Court shall, from time to time, in exercise of the power vested in the Chancellor by the 10 Vic. ch. 12, make and establish all needful and necessary rules touching the practice, pleading and mode of procedure to be observed on the equity side of the said Court, and it shall be lawful for the said Judges, by any such rule or rules, to alter or entirely abrogate and repeal any rule of practice or pleading, or any mode of procedure prescribed by any statute now in force regulating the practice and mode of procedure in Chancery.

VI. The said Judges shall also frame and establish tables of the fees to be taken by the Judges, Officers and Practitioners in the said Court, for all acts to be done therein, which fees shall correspond in amount with the fees now charged and taken for acts done in the common law side of the said Court.

VII. There shall be paid to each of the Judges of the General Court, by reason of the additional duty imposed upon them by this Act, out of the Public Treasury of these Islands, by warrant in the usual manner, the sum of fifty pounds per annum, in lieu of the fees payable to them by and under any table made under this Act, which fees shall be collected by the Registrar of the Court, and be by him paid into the Public Treasury of these Islands.

VIII. All rules and tables of fees made and established under this Act, shall be printed for general circulation.

IX. The Registrar of Records for the time being, shall be ex officio Registrar of the equity side of the said General Court, and the Masters of the Court of Chancery shall be and become Masters of the said equity side of the said General Court.

X. From and after the thirty-first day of December, 1865, the Act 1 William 4, ch. 7, shall be and the same is hereby repealed.

PREAMBLE.

Power to Court

29 Vic. c. 31. An Act to amend the Course of Procedure on the Equity side of the General Court, and for other Purposes. (Assented to 11th May, 1866.)

W

HEREAS it is expedient to amend the Practice and Course of Proceeding on the Equity side of the General Court;

May it, &c.

I. In all cases in which the General Court on its Equity side of Equity to has jurisdiction to entertain an application for an injunction against award damages a breach of any covenant, contract or agreement, or against the in certain cases. commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement, it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.

Damages may be assessed or question of

fact, arising in any suit, may

II. It shall be lawful for the Court in the exercise of its Equity jurisdiction, if it shall think fit, to cause the amount of such damages in any case to be assessed, or any question of fact arising in any suit or proceeding to be tried by a special or common jury

Court itself.

before the Court itself; and the Court may make all such rules 29 Vic. c. 31. and orders upon the Provost Marshal or any other person for procuring the attendance of a special or common jury, for such be tried by a assessment of damages or the trial of such question of fact as may jury before the be made by the said Court on its Common Law side, and may also make any other orders which to the Court may seem requisite; and every such jury shall consist of persons possessing the qualifications, and shall be struck, summoned, balloted for, and called in like manner, as if such jury were a jury for the trial of any cause on the Common Law side of the said Court; and every juryman so summoned shall be entitled to the same rights and subject to the same duties and liabilities as if he had been duly summoned for the trial of any such cause on the Common Law side of the said Court; and every party to any such proceeding shall be entitled to the same rights as to challenge and otherwise as if he were a party to any such cause; and generally for all purposes of or auxiliary to the assessment of damages or the trial of questions of fact by a jury before the Court itself; and in respect of new trials, the Court on its Equity side shall have, the same jurisdiction, powers and authority in all respects as belong to the said Court on its Common Law side, or to any Judge thereof for the like purposes, provided that from any order made by the Court, on an application made for a new trial, there shall be the same right of appeal as from any other order of the Court.

to be reduced

III. Any question of fact and any question as to the amount of Questions damages which shall be so ordered to be tried by a jury before the ordered to be Court itself, shall be reduced into writing in such form as the tried by jury Court shall direct, and at the trial the jury shall be sworn to try into writing. the said question, and a true verdict to give thereon according to the evidence; and upon every such trial the Court, on its Equity side, shall have the same powers, jurisdiction and authority as belongs to any Judge of any of the Superior Courts of Law sitting at Nisi Prius.

fact tried

IV. It shall also be lawful for the Court in the exercise of its Damages may Equity jurisdiction, if it shall think fit, to cause the amount of be assessed or such damages in any case to be assessed, or any question of fact questions of arising in any suit or proceeding to be tried before the Court itself before the without a jury, and to cause the evidence on the trial of that ques- Court itself tion to be taken by the oral examination of witnesses and other without a jury. proofs in open Court; and any question of fact, and any question as to the amount of damages which shall be so ordered to be tried before the Court itself, shall be reduced into writing in such form as the Court shall direct; and the verdict of the Judge shall be of the same effect as the verdict of a jury under this Act; and the proceedings upon and after such trial as to the power of the Court, the evidence and otherwise, shall be the same as in the case of trial by jury under this Act: provided that, in the case of a trial under this section, any person may apply for a new trial either to the Judge before whom the trial was had, or to the full Court.

V. In any case in which all parties to a suit are competent to Where parties make admissions, any party may call on any other party by notice are competent to admit any document, saving all just exceptions; and in case of to make admissions, any refusal or neglect to admit, the cost of proving the document shall be paid by the party so neglecting or refusing, whatever the result on any other of the cause may be, unless the Court shall certify that the refusal party to admit

party may call

documents.

29 Vic. c. 31. to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except in cases where the omission to give the notice is, in the opinion of the taxing master, a saving of expense.

The Judges of the Court may make rules for procedure.

Court shall de

termine every question of law

and fact inci

dent to the relief sought.

VI. The Judges of the Court may and they are hereby required from time to time to make General Rules and Orders for carrying the purposes of this Act into effect, and for regulating the times and form and mode of procedure, and generally the practice of the said Court in respect of the matters to which this Act relates, and for regulating the fees and allowances to all officers of the said Court and solicitors thereof in respect to such matters, and so far as may be found expedient for altering the course of proceeding hereinbefore prescribed in respect to the matters to which this Act relates, or any of them; and such Rules and Orders may from time to time be rescinded or altered by the like authority, and all such Rules and Orders shall take effect as General Orders of the said Court.

VII. In all cases in which any relief or remedy within the jurisdiction of the Equity side of the General Court, is or shall be sought in any cause or matter instituted or pending on the Equity side of the said Court, and whether the title to such relief or remedy be or be not incident to, or dependent upon a legal right, every question of law or fact cognizable in a Court of Common Law, on the determination of which the title to such relief or remedy depends, shall be determined by or before the same Court.

PREAMBLE,

Possession of

small tene

be

ments may recovered by

landlords where term

been deter

mined by

29 Vic. c. 34. An Act to amend the Act of Assembly 23rd Vic. c. 19, entitled "An Act to consolidate and amend the Laws relating to the Practice and Mode of Proceeding in the Court of Common Pleas." (Assented to 11th May, 1866.)

W it is no pleas, and to amend the Law relating

HEREAS, it is expedient to extend the jurisdiction of the

to the practice and mode of proceeding therein in other respects: May it &c.:

I. When the term and interest of the tenant of any corporeal hereditament, where neither the value of the premises nor the rent payable in respect thereof shall have exceeded twenty pounds by the year, and upon which no fine or premium shall have been paid, shall have expired, or shall have been determined either by has expired or the landlord or the tenant by a legal notice to quit, and such tenant, or any person holding or claiming by, through or under him, shall neglect or refuse to deliver up possession accordingly, the landlord may enter a plaint, at his option, either against such tenant or against such person so neglecting or refusing, in the Court of Common Pleas of the Bahamas, and thereupon a summons shall issue to such tenant or against such person so neglecting or refusing; and if the Defendant shall not, at the time named in the summons, show good cause to the contrary, then, on proof of his still neglecting or refusing to deliver up possession of the premises, and of the yearly value and rent of the premises and of the holding,

notice.

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