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II.-COURT OF ERROR.
VII.-COUNSEL, ATTORNIES AND NOTARIES.
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.
CLASSES II. AND III.
28 Vic. c. 23. An Act to transfer the Jurisdiction now exercised
by the Governor as Chancellor, to the General Court, 28 Vic. c. 23. and the Judges thereof. (Assented to 3rd May, 1865.) PREAMBLE.
HEREAS, in and by an Act passed in the first year of 1 Will. 4, č. 7.
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.
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.
hold sittings. III. Every Judge of the said General Court shall have power and authority to transact such equity business at Chambers, or Judges of
General Court elsewhere, whether during term time or vacation, as the Lord Chancellor or any Vice-Chancellor may transact in similar cases Chambers, &c. in England.
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 pending in the said Court of Chancery shall be transferred to the Chancery to be
transferred. last-mentioned Court, and shall be further proceeded with as may
may sit at
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. Judges of V. The Judges of the said General Court shall, from time to General Court time, in exercise of the power vested in the Chancellor by the to make certain 10 Vic. ch. 12, make and establish all needful and necessary rules 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. Judges to
VI. The said Judges shall also frame and establish tables of the make tables
fees to be taken by the Judges, Officers and Practitioners in the of fees to be taken.
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. Additional VII. There shall be paid to each of the Judges of the General remuneration
Court, by reason of the additional duty imposed upon them by to Judges of General Court.
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. Rules and fee VIII. All rules and tables of fees made and established under table to be
this Act, shall be printed for general circulation. published. Registrar of IX. The Registrar of Records for the time being, shall be ex Records to be officio Registrar of the equity side of the said General Court, and ex officio
the Masters of the Court of Chancery shall be and become Masters Registrar.
of the said equity side of the said General Court. Repeals Act X. From and after the thirty-first day of December, 1865, the 1 Wm. 4, c. 7. Act 1 William 4, ch. 7, shall be and the same is hereby repealed.
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.) PREAMBLE.
HEREAS it is expedient to amend the Practice and Course
of Proceeding on the Equity side of the General Court;
May it, &c. Power to Court 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 in certain cases.
a breach of any covenant, contract or agreement, or against the 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
II. It shall be lawful for the Court in the exercise of its Equity be assessed or jurisdiction, if it shall think fit, to cause the amount of such question of
damages in any case to be assessed, or any question of fact arising fact, arising in
any suit or proceeding to be tried by a special or common jury 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
in any suit, 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, summ
moned, 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.
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.
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
fact tried 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 ad
missions, any refusal or neglect to admit, the cost of proving the document shall
party may call 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
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 VI. The Judges of the Court may and they are hereby required the Court may from time to time to make General Rules and Orders for carrying make rules for the purposes of this Act into effect, and for regulating the times procedure.
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
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. Court shall de. VII. In all cases in which any relief or remedy within the termine every jurisdiction of the Equity side of the General Court, is or shall be question of law
sought in any cause or matter instituted or pending on the Equity and fact incident to the re
side of the said Court, and whether the title to such relief or lief sought.
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.
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.) PREAMBLE, THEREAS, it is expedient to extend the jurisdiction of the
Court of Common Pleas, and to amend the Law relating to the practice and mode of proceeding therein in other respects :
May it &c.: Possession of I. When the term and interest of the tenant of any corporeal small tene hereditament, where neither the value of the premises nor the ments may
rent payable in respect thereof shall have exceeded twenty pounds recovered by landlords
by the year, and upon which no fine or premium shall have been where term
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 been deter
tenant, or any person holding or claiming by, through or under mined by
him, shall neglect or refuse to deliver up possession accordingly, notice.
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,