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in case of
tually 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- 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 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.
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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.) NHEREAS it is necessary that provision should be made for PREAMBLE. VV 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 invested with the power of Ordinary, and shall exercise and perform 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
make rules. 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 er 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 regula to be regulated by the President of these islands in Council-and Pres
vested in the
No. 4.-ORDINANCE No. 2, 1850.
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”—and“ No. 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.) THEREAS in and by the Ordinance No. 3, 1849, entitled “An PREAMBLE.
Ordinance to constitute a Court of Chancery within 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
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
n 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
and regulations should not be enforced until they shall have reCourts of Chancery 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.
COURT OF ERROR. No. 1.
No. 1.-ORDINANCE No. 4 of 1819. Ord. No. 4, An Ordinance for regulating Appeals from the Court of Common Lau 1819.
within these Islands. (Passed June 19th, 1849. Confirmed
May 1st, 1850.)
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 made froin 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 Court of Error.
fourteen days after judgment signed and entered, and unless the party or parties appellant, shall give good and sufficient security, forth with 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, not to vote as “
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 appe to the Queen in
that such appeal be made within fourteen days after judgment Council, given, and good and sufficient security be given to the opposite
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 suf
ficient security be given by the appellant to make full restitution to the appellee of all loss sustained by such appellee, by means of
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,
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.)
c. 8. W HEREAS, by an Act passed in England in the twenty-first PREAMBLE,
VV 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 16
the 1, c. 16, and an
and a case, other than such accounts as concern the trade of merchandize bly. 40
5,40 Geo. 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 forco 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 Courts of these islands, of a new or continuing contract,
of the continuwhereby 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 Proriso realso, that in actions to be commenced against two or more such specting Joint joint contractors, or executors, or administrators, if it shall appear
• Contractors. at the trial, or otherwise, that the plaintiff, though barred by the
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 c. 8.
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 on any when any de- simple contract, shall plead any matter in abatement, to the effect fendant shall plead that any
that any other person or persons ought to be jointly sued, and issue other party
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
upon any promissory note, bill of exchange, or other writing, by or payment is 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 any debt, &c.,
way of set-off, on the part of any defendant, either by plea, notice,
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 fra
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 verbal repre
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.
No. 2. Act 3 Vic.
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.”
Clauses of the Act of Parliament, 3 & 4 William the 4th, ch. 42, No. 2. declared to be in force within these islands, by the preceding
Act 3 Vic.
c. 33. Act.
Clauses of Stat. II. And Whereas, There is no remedy provided by law for
extended. injuries to the real estate of any person deceased, committed in his lifetime, nor for certain things done by a person deceased, in his The par
clauses of 3 & lifetime, to another, in respect of his property, real or personal; for 4W remedy thereof; Be it, &c., That an action of trespass or trespass which are exon the case, as the case may be, may be maintained by the executors tended to these or administrators of any person deceased, for any injury to the real Islands. estate of such person, committed in his lifetime, for which an action Executors mav might have been maintained by such person, so as such injury shall bring actions have been committed within six calendar months before the death
estates of such deceased person ; and provided such action shall be brought of the deceased. within one year after the death of such person ; and the damages, when recovered, shall be part of the personal estate of such person; and, further, that an action of trespass or trespass on the case, as An action may the case may be, may be maintained against the executors or ad- be brought ministrators of any person deceased, for anything committed by him, against Execuin his lifetime, to another, in respect of his property, real or per- to property
tors for injury sonal, so as such injury shall have been committed within six real or pera calendar months before such person's death; and so as such action sonal., shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration of the estate and effects of such person; and the damages to be recovered in such action shall be payable in like order of administration, as the simple contract debts of such person.
III. That all actions of debt for rent upon an indenture of Limitation of demise, all actions of covenant or debt upon any bond or other Action of Debt, specialty, and all actions of debt or scire facias upon any recog
c on Specialnizance, and, also all actions of debt upon any award, where the submission is not by specialty, or for any fine due in respect of any copyhold estates, or for an escape, or for money levied on any fieri facias, and all actions for penalties, damages, or sums of money given to the party grieved, by any statute now or hereafter to be in force, that shall be sued or brought at any time after the end of the present Session of Parliament, shall be commenced and sued within the time and limitation hereinafter expressed, and not after ; that is to say, the said actions of debt for rent, upon an indenture of demise, or covenant or debt upon any bond or other specialty, actions of debt or scire facias upon recognizance, within ten years after the end of this present session, or within twenty years after the cause of such actions or suits, but not after ; the said actions by the party grieved, one year after the end of this present session, or within two years after the cause of such actions or suits, but not after ; and the said other actions within three years after the end of this present session, or within six years after the cause of such actions or suits, but not after: Provided, That nothing herein contained shall extend to any action given by any statute, where the time for bringing such action is, or shall be, by any statute specially limited.
IV. That if any person or persons that is, or are, or shall be, Remedy for entitled to any such action or suit, or to such scire facias, is, or are, infants, femme or shall be, at the time of any such cause of action accrued, within the age of twenty-one years, femme couverte, non compos mentis, or