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Ord. No. 9, 1852.
contained shall be construed to lessen or take away, or, in any manner to alter the duties and liabilities of the said Provost Marshal; and he, and every other to be hereafter appointed, is hereby declared to be subject and liable to all the duties and liabilities which were required of, and imposed upon, the Provost Marshal before the passing of this Ordinance, excepting where the said duties are in any wise altered or varied by this Ordi
XLVIII. That, all renunciations of married women of their of Dower to be right of dower, in any lands within this Government, hereafter to be taken and received by any Judge of the said Court, shall be entered of record in the office of the Prothonotary of the said Court, and in the office of the Colonial Secretary, and that such renunciations when so entered of record, and also, all renunciations of dower at any time heretofore made by any married woman, before any Justice of the said Court, or any Commissioner, or, Commissioners by him appointed, whether the same have been so entered of record or not, shall be deemed and taken, effectually, to exclude and debar such married women from all right and title to the dower of, in, and to, the lands, tenements, hereditaments, and premises, mentioned and contained in such renunciations, or, in any deed or deeds therein referred to, any law, usage, or custom to the contrary thereof in any wise notwithstanding.
Judge to appoint Commissiouers to take renunciations of Dower,
The Colonial Secretary authorized to take renunciation of Dower
by the Wife of the Judge.
Fees of Court.
XLIX. That the Judge of the said Court be, and he is hereby authorized and empowered, from time to time, to appoint by commission under the seal of the aforesaid Court, such person or persons as he shall think fit and proper, in any of the out islands of this Government, or in any part of the United Kingdom of Great Britain and Ireland, or other Her Majesty's dominions, or in foreign parts beyond the seas, to take the private renunciations and acknowledgments of married women, who have been, or shall be, parties to any deed or deeds affecting lands within this Government, and to receive their renunciations of their rights of dower in such lands; which acknowledgments and renunciations, after the same shall have been entered of record in the office of the Prothonotary of the aforesaid Court and in the Colonial Secretary's office, shall be deemed and taken to be, and are hereby declared to be, as good and valid, to all intents and purposes whatsoever, and shall as effectually debar and exclude such married women from all right or title to dower, in such lands, as if such renunciations had been taken in the said Court by the Judge thereof.
L. That in case the wife of the Judge, or acting Judge, as aforesaid, may be desirous of renouncing her right to dower, it shall be lawful for the Public Secretary of this colony to take, receive, and certify such renunciation of dower, in the same manner and in the same form, as is done in other cases by the Judge of the Court; and, every such renunciation of dower, so taken and certified by the Public Secretary, shall, after being entered of record in the office of the Prothonotary of the said Court, as effectually exclude, and debar, such wife of such Judge, or acting Judge, or other person, as aforesaid, from all right and title to dower in the lands, and hereditaments, to which it may refer, as if it had been taken and certified by a Judge in the usual manner as authorized by law.
LI. That, from and after the passing of this Ordinance the fees
hereinafter specified, and fixed, and contained in the Schedule of this Ordinance annexed and marked No. 3, and none other shall be allowed, taken, and received by the officers of the said Court, provided, that, in all cases where parties to any suit or action may prosecute or defend the same in person, money necessarily expended in the course of such suit or action, may also be taxed as costs in the cause.
LII. That, this Ordinance shall commence and take effect, on the first day of the Term next after public notification shall be given, in this Colony, of the allowance thereof.
No. 7. Ord. No. 9, 1852.
Commencement of Or
LIII. And whereas there are at present no attorneys of the Who allowed said Court, and it is necessary to define who may be considered to practise as as such; Be it further ordained, That, no person shall be con- Attorney of the sidered as an Attorney of the said Court, or entitled to practise therein, or to receive the fees before mentioned, except such person has been called to the bar, either in Great Britain or Ireland, or has been admitted as an attorney in the Court of Queen's Bench, or Common Pleas, in England or Ireland, or has been duly admitted to practise in the Courts of Scotland, or has been bound by contract to serve, and shall have actually served, as clerk for the space of five years, a barrister or attorney, as aforesaid, or an attorney of this Court regularly admitted, residing within these Islands, and practising as such; Provided, that, such Clerk upon satisfying the Judge of the said Court, of such service and of his fitness and qualification, shall receive from him a licence to act as an Attorney, which licence recorded in the office of the Prothonotary of the said Court, shall constitute the person named therein an attorney of the said Court: Provided, always, that, nothing herein contained, shall be construed to apply to any Queen's Advocate, or other officer of the Crown, so far as relates to any suit or action in which the Crown may be concerned.
LIV. That, from and after the time this Ordinance shall commence and take effect, the following Acts and parts of Acts, shall be and the same are hereby repealed- that is to say, all that Act Acts repealed. of the General Assembly of the Bahama Islands, passed in the second year of Her Majesty's reign, chapter eight, the Act of the third year of Her Majesty's reign, chapter thirty-two, the Act of the fourth year of Her Majesty's reign, chapter nine, the Act of the eighth year of Her Majesty's reign, chapter nine,-the Act of the eighth year of Her Majesty's reign, chapter twenty-three,— "for abolishing arrest on mesne process, in civil cases, except in certain instances, and for extending the remedies of creditors against the property of debtors,"-the tenth section of the Act of the tenth year of Her Majesty's reign, chapter twenty.
WRIT OF CAPIAS.
Victoria, &c., &c.
To the Provost Marshal of the Turks and Caicos Islands, or to the stipendiary or other constable of Greeting:
(as the case may be),
We command you that you omit not by reason of any liberty in your district, but, that you enter the same and take Č. D of the parish of Gentleman, if he shall be found in your dis
trict, and him safely keep until he shall have given you bail, or
Witness, the Honourable E. F., Judge of our Supreme Court
and in the year of our reign the
MEMORANDUM TO BE SUBSCRIBED TO THE WRIT.
This writ is to be executed within thirty days from the date thereof, including the day of such date, and not afterwards.
A WARNING TO THE DEFENDANT.
If, a defendant having given bail on the arrest, shall omit to put in special bail as required, the plaintiff may proceed against the Provost Marshal, or on the bail bond.
This writ was issued, in person, by the plaintiff within named.*
Know all men by these presents, that we, C. D. (the defendant,
and G. H. of
E. F. of
are held and firmly bound to
* See Sec. 3, as to other Indorsements.
and each of us for himself, in the whole, one and every of our heirs,
taken by the said Provost Marshal, by virtue of the Queen's writ of capias, issued out of Her Majesty's Supreme Court at Grand Turk, bearing date the day of to the said Provost Marshal directed, and delivered against the said C. D., in an action on promises (or of debt, and as in the writ) at the suit of A. B.—and whereas a copy of the said writ, together with every memorandum or notice subscribed thereto, and all indorsements thereon, was, on the execution thereof, delivered to the said C. D.; and whereas he is, by the said writ, required to cause special bail to be put in for him, in the said Court, to the said action, within ten days after execution thereof on him, inclusive of the day of such execution; now, the condition of this obligation is such, that if the said C. D. do cause special bail to be put in for him to the said action in Her Majesty's said Court, as required by the said writ, then this present obligation to be void. and of no force; otherwise to stand and remain in full force, vigour, and effect.
Sealed and delivered in)
the presence of
Ord. No. 9,
FEES OF THE JUDGE.
For every writ of Habeas Corpus ..
other writ or process, judicial or mesne, and every
other writ or process whatsoever
administering an oath in Court or at Chambers
Exemplification under the seal of the Court, and
taking acknowledgment of satisfaction
judgment confessed out of Court
taking the examination of a "femme couvert," and
signing the testimonial thereof...
cross-examination of any witness out of Court do attachment for contempt
the examination of a person committed for contempt
cause for a person under age
making a roll that writ of error is allowed
transcript of the record examined by the Judge to be
return of "Certiorari" in a civil or criminal case
FEES OF THE PROTHONOTARY OF THE SUPREME
For every affidavit taken in writing before the Judge or
affiling writ, declaration, and, every other paper
every rule to plead, rule for trial, or executing a writ
,, every search in his office (Attorneys and their Clerks
,, every abstract of judgment to the party requiring the
,, every order for final, or, interlocutory judgment
,, every issue joined
entering a cause on the docket, and a copy for the
"venire" in every cause tried, and inquiry executed
,, every plea, or juror withdrawn by consent of parties,