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COURT OF WRECK AND SALVAGE CASES. No. 1.
No. 1.-ORDINANCE No. 6 of 1860. Ord. No. 6, 1860. 5 An Ordinance to amend and consolidate the Laws relating to Wrecks
THEREAS it is expedient that the laws relating to wrecks PREAMBLE.
within these islands should be consolidated and amended, and that a competent tribunal should be established within the same, for holding special inquiries into wrecks, and for settling
disputed cases of salvage; May it, &c. Court of in- I. That there shall be established within these islands a Court quiry into cases to be known by the title of the Court of Inquiry into cases of
wreck and salvage of the Turks and Caicos Islands, which Court established.
shall have cognizance of, and jurisdiction to inquire into, hear, try, determine, and settle all cases of wreck which may occur within these islands, and all cases of salvage which may be brought
before it. How consti II. That the said Court shall consist of the Judge of the Supreme tuted.
Court of these islands for the time being, and two fit and proper persons to act as assessors, who shall, from time to time, be nomi
nated by the President. Where and III. That the said Court shall be holden at the Court House at when to meet. Grand Turk, and shall meet whenever the President shall direct a
Court of Inquiry to be held, or whenever an appeal to such Court is made in manner hereinafter directed, and such Court shall have
power to adjourn from time to time as often as may be necessary. Appointment IV. That it shall be lawful for the President to appoint some fit of a clerk.
and proper person to be clerk to the said Court. Process how V. That all summonses and warrants to be issued out of the served.
said Court shall be under the hand of the Judge and the seal of the said Court, and shall be directed to the High Constable, who shall serve the same, or cause them to be served by some other
constable. Practitioners in VI. That all attorneys of the Supreme Court may practise as the said court. Council of the said Court. The President XXVIII. If it appears to the President either upon, or without may direct a such preliminary inquiry as aforesaid, that a formal investigation case of wreck
is requisite or expedient, he shall direct the Court to hear the case ; to be investi
and such Court shall thereupon proceed to hear and try the same, gated by the Court of In and shall for that purpose so far as relates to the summoning of quiry.
parties, compelling the attendance of witnesses, and the regulation of the proceedings, have the same power as if the same were a proceeding relating to an offence or cause of complaint upon which Justices of the Peace have power to make a summary conviction or order, or as near thereto as circumstances permit, and upon the conclusion of the case the said Court shall send a report to the President containing a full statement of the case, and of its opinion
thereon, accompanied by such extracts from the evidence and such No. 1. observations (if any) as it may think fit.
Ord. No.6, XXIX. And if in the course of any such investigation, it shall 1860. appear to the Court conducting the same, that there is a reasonable
In case of criground for believing that any criminal offence, over which the minal offences courts of law of the colony, or the magistrates thereof have juris- how offender diction, has been committed by any person or persons whomsoever, to be dealt it shall be lawful for such Court to deal with the person or persons wi on whom such suspicion rests, as aforesaid, in the same and like manner, as if such person or persons had been brought before a Justice or Justices of the Peace, charged with such offence as aforesaid; and all subsequent proceedings for the investigation of the charge, and trial of such person or persons, shall be had and conducted in the same and the like manner as if a charge had been regularly made against such person or persons in the ordinary form in which criminal charges are laid.
XXXVIII. That all fines and pecuniary penalties imposed by fines and pethis Ordinance, the recovery of which is not otherwise provided nalties how
recovered. for, shall when the amount thereof does not exceed Ten pounds, be recovered before any one of Her Majesty's Justices of the Peace, and when the same shall exceed Ten pounds, shall be recovered in the Supreme Court of these islands, and the payment of all such fines, and penalties shall be enforced by levy and sale of the offender's goods and chattels, or by arrest of the person of the offender, and the committal thereof to any lawful prison within the colony : Provided however, that no imprisonment under this clause shall extend to a longer period, in case of a recovery before a Justice of the Peace, than six months, nor in case of recovery in the Supreme Court, to a period of two years : and provided also, that imprisonment in any such case shall always cease upon the payment of the fine and penalty, and costs of proceeding.
XXXIX. That all offences under this Ordinance, in which the Proceedings mode of proceeding is not by this Ordinance defined, shall be tried not defined by
this Ordinance, in the Supreme Court of these islands, and it shall be lawful for to
TOP to be tried in the said Court on the conviction of a person for any such offence, Supreme Cowt, or for any other offence over which the said Court shall have jurisdiction, as also for any Justice or Justices of the Peace in cases in which such Justice or Justices has or have the power of summary adjudication, to add to any sentence, which they may now or hereafter be empowered to pass upon any person who shall have been duly convicted of any offence punishable by law, that the convicted person shall be either for a definite period, or thereafter wholly disqualified from commanding or serving on board of a wrecking vessel or boat.
XLIV. Whenever any ship or boat is wrecked, stranded, or Reasonable otherwise in distress, and services are rendered by any person,
compensation Ist. In assisting such ship or boat.
to be paid by
. owners for 2nd. In saving the lives of the persons belonging to such ship services ren. or boat.
dered to vessels 3rd. In saving the cargo, or apparel of such ship, or boat, or in distress. any portion thereof, there shall be payable by the owners of such ship or boat, cargo, apparel, or wreck, to the person by whom such services are rendered, or by whom such wreck is saved, a reasonable amount of salvage, to be determined in case of dispute, in manner hereinafter mentioned.
No. 1. XLV. That whenever any dispute shall arise between the master, Ord. No. 6, chief officer, owner, agent, or consignee of any such ship, boat, cargo,
1860. apparel, or wreck as aforesaid, or in case of derelict property, or Disputed cases
unclaimed wreck, the Provost Marshal, and the salvors, as to the
amount of salvage, and the parties to the dispute cannot agree to be settled by the settlement thereof, then such dispute may, with the consent of Justices of the the parties, be referred to the arbitration of two Justices of the Peace or be- Peace, of whom each party to the dispute shall nominate one, and fore the Court of Inquiry.
in the event of such Justices disagreeing as to the amount of salvage to be awarded, such Justices shall select and appoint a third Justice of the Peace, who shall act as an umpire. Provided always, that if either of the parties to the dispute does not consent to have the amount of salvage referred to arbitration, or if after an arbitration either party is dissatisfied with the award given by such Justices, or umpire as aforesaid, then upon application by either of the said parties or their respective agents, every such disputed claim with respect to salvage may be heard and adjudicated by the said Court of Inquiry.
XLVII. That the said Justices, or their umpire, or the said Court may call for the production of any documents in the possession or power of either party which they or he, or the said Court may think necessary for determining the question in dispute, and may examine the parties, or their witnesses on oath, and administer the oaths necessary for that purpose.
See the Ordinance in extenso, post, Part VIII., Class V.
COURTS FOR ADJUDICATING IN CASES OF PETTY
No. 1. No. 1.-8 Vic. ch. 30. The following fees for business transacted Act 8 Vic. in the Petty Debt Court are established by sections eight, nine, c. 30. and ten of this Act : 1st. Justice of the Peace, sect. 9.
8. d. For every writ or summons
06 For every oath
. . . . 0 6 For hearing every cause and giving judgment
1 0 2nd. Clerk of the Court, sect. 10.
For every summons -
For every affidavit in writing
For serving every summons - - - 0 9
1 6 The other clauses of this Act are not in force at these islands.
No. 2.-10 Vic. ch. 20. An Act for making provision for the recovery
of Small Debts on certain Islands of this Colony. (26th Feb- Act 10 Vic. ruary, 1847.)
c. 20. W HEREAS, it is expedient to make due provision for the PreamBLE.
V recovery of small debts on the several islands of this colony ; Out- Island May it, &c., That each and every of Her Majesty's Justices of the
the Peace to Peace of any island, within this colony, shall have jurisdiction to have i
isdichear and render judgment, without the intervention of a jury, in tion to the exall cases of debt or assunrpsit, whenever the sum of money claimed tent of 51. in shall not exceed the sum of Five pounds sterling.
cases of debt II. That all actions under the authority of this Act shall be
w and assumpsit. commenced by summons under the hand and seal of one of Her mence by writ Majesty's Justices of the Peace, which summons shall be personally of summons. served on the defendant or defendants, except in cases where it is made to appear to the satisfaction of the Justice that any defendant is keeping out of the way for the purpose of avoiding the service of such summons, when it shall be lawful for such Justice to order and direct that the leaving of such summons at the defendant's place or last known place of abode, shall be deemed a sufficient service.
III. That it shall and may be lawful for any such Justice of the Power of JusPeace to proceed to hear all cases of debt or assumpsit aforesaid, in tices at hearing. which summonses have been duly served, and on such hearing shall examine on oath or affirmation, as the case may be, the witnesses produced on both sides, and shall give judgment according to the justice and equity of each particular case, and award execution in manner hereinafter directed : Provided always, that it shall be lawful for such Justice in his discretion to postpone the hearing of any case from time to time, upon sufficient cause shown.
IV. That it shall be lawful for any Justice of the Peace by On judgment whom judgment has been pronounced, for a plaintiff to fix the time being prowithin which the amount awarded, with the costs of proceeding, nounced, Jus-' shall be paid by the defendant; and it shall be lawful for such
Ń tice to fix the Justice to direct payment to be made in instalments, and execution ment of debt. shall only issue at the expiration of the period named for the payment of any instalment, and for such amount only as shall from time to time be in arrear and unpaid.
V. That when, upon the hearing of any case before such Justice Plaintiff may of the Peace, judgment shall be given for the defendant, it shall be be amerced in lawful for such Justice to amerce the plaintiff with costs of the costs. proceedings, and in default of payment in the manner fixed by the Court, execution for the same shall issue in manner hereinbeforo mentioned.
VI. That every writ of execution under the authority of this Writs of eseAct, shall issue under the hand and seal of the Justice giving cution to issue judgment in the case, and shall be directed to some lawful con- under the hand
and seal of the stable, commanding such officer to levy the amount mentioned in
Justice. such writ of the goods and chattels of the person against whom such writ is issued, and it shall be the duty of such constable upon the receipt of such writ to proceed without delay in the execution thereof, by arresting the goods and chattels of the party named therein, and such goods and chattels having been so arrested, the said constable shall at the expiration of five days sell and dispose
No. 2. of the same, or of so much thereof as will liquidate the amount Act 10 Vic. mentioned in the writ, and shall forthwith pay the amount of such c. 20. sales over to the Justice by whom such writ may be issued to be
by him paid to the proper party or parties.
VII. Repealed by 11 Vic. ch. 3. Fees.
VIII. That each Justice of the Peace issuing process under this Act, shall be entitled to have and receive for the use of himself,* clerk and constable, the like fees as are payable on suits for the recovery of small debts under an Act of the Bahama Legislature passed in the eighth year of your Majesty's reign, entitled “An Act to abolish the Inferior Court in the Island of New Providence, and for transferring the jurisdiction thereof to the Judges of the
General Court, and for other purposes." Acts repealed. IX. Repeals 13 Geo. 3, ch. 1; 10 Geo. 4, ch. 7; 4 Vic. ch. 4;
and 7 Vic. ch. 2.
No. 3. No. 3.–11 Vic. ch. 3. An Act to amend the Laws regulating Act 11 Vic, the recovery of Small Debts and Damages. (22nd March, c. 3.
THEREAS in and by an Act passed in the tenth year of your
W Majesty's reign, entitled “An Act for making provision for Recital of Act of 10 Vic. c. 20. the recovery of Small Debts in certain islands of this colony,” it is
amongst other things enacted, that each and every of Her Majesty's Justices of the Peace of any island within this colony, shall have jurisdiction to hear and render judgment without intervention of a jury, in all cases of debt and assumpsit, wherein the sum demanded shall not exceed the sum of Five pounds sterling. And whereas it is expedient that the jurisdiction of the Justices of the Peace under
the said Act should be extended to other actions than those of debt Jurisdiction of and assumpsit; May it, &c., That from and after the passing of Justices ex this Act, the several Justices of the Peace, at the several islands of tended to ac this Government, shall have cognizance of actions of trespass to tion of trespass
real and personal property, and actions of trover, wherein the and trover, wherein the
amount of damages claimed shall not exceed the sum of Five damages do pounds sterling, and wherein in cases of trespass to real property, not exceed 51. no question as to the title of the land alleged to have been tres
passed on shall be involved. The provisions
II. That the several provisions of the before-mentioned Act of of 10 Vic, c. 20, the tenth year of Her Majesty's reign, regulating the mode of proextended to all ceeding in cases of debt or assumpsit heard and adjudicated on cases adjudi
before a Justice of the Peace under the said last-mentioned Act, cated on by Justices of the
from the commencement to the final hearing and rendering judgPeace,
ment, and award of execution, and levy and sale thereunder, as also regulating the liabilities of the parties, plaintiffs and defendants, to the payment of costs, shall, except as the same are altered by this Act, extend, apply to, and govern all cases heard and adjudicated on by a Justice of the Peace, under the authority of this Act, in the same and the like manner as if the said provisions were embodied in this Act, and in express words referred to the cases of trespass and trover in the first clause of this Act mentioned and specified.
* As to fees of the Justice, see Ord. 12, 18.55, sec. 28, post, Part IV., Class XII.