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No. 5. Judge. Provided also, that if upon application to a Judge of the Act 11 Vic. said last-mentioned Court in the first instance, or in any later stage c. 27. of the proceedings, he shall think the matter more fit for decision

of the Court, it shall be lawful for him to refer the matter to the Court; and thereupon the Court shall and may hear and dispose of the same in the same manner as if the proceeding had originally

commenced by rule of Court instead of the order of a Judge. Protection to

IV. And whereas, difficulties may arise in the execution of proProvost Mar cess against goods and chattels issued by or under the authority of shal and con the said Courts, by reason of claims made to such goods and chatstables,

tels by assignees of bankrupts and other persons not being the parties against whom such process has issued, whereby the Provost Marshal and other officers are exposed to the hazard and expense of actions, and it is reasonable to afford relief and protection in such cases to such Provost Marshal and other officers; Be it, therefore, further enacted, That when any such claim shall be made to any goods or chattels taken, or intended to be taken in execution under any such process, or to the proceeds or value thereof, it shall and may be lawful to and for the Court from which such process issued, or any Judge thereof, upon application of such Provost Marshal or other officer, made before or after the return of such process, and as well before as after any action brought against such Provost Marshal or other officer, to summon by rule of Court or order, as well the party issuing such process as the party making such claim, and thereupon to exercise for the adjustment of such claims and the relief and protection of the Provost Marshal or other officer, all or any of the powers and authorities hereinbefore contained, and make such rules and decisions as shall appear to be just, according to the circumstances of the case : and the costs of all such proceedings shall be in the discretion of the Court or

Judge. Proceeding to V. That all rules, orders, matters and decisions to be made and be entered of

done in pursuance of this Act, except only the affidavits to be filed, record.

may together with the declaration in the cause (if any), be entered of record, with a note in the margin, expressing the true date of such entry, to the end that the same may be evidence in future times, if required, and to secure and enforce the payment of costs directed by any such rule or order, and every such rule or order so entered, shall have the force and effect of a judgment, and in case any costs shall not be paid within fifteen days after notice of the taxation and amount thereof given to the party ordered to pay the same, his agent or attorney, execution may issue for the same adapted to the case, together with the costs of such entry, and of the execution; and

such writ and writs may bear teste on the day of issuing the same, Fees,

and the Provost Marshal or other officer executing any such writ shall be entitled to the same fees and no more as upon any similar writ grounded upon the judgment of the Court.

Fees.

No. 6.

No. 6.-ORDINANCE No. 1 of 1852. Ord. No. 1, u

, An Ordinance to provide a permanent Salary for the Judge of the 1852.

Supreme Court. [See the Ordinance in extenso, post, Part IX. Class VIII. No. 6.]

No. 7.-ORDINANCE No. 9 of 1852.

No. 7.

Ord. No. 9, An Ordinance to consolidate and amend the Laws relating to the 1852.

Superior Court of Justice. (Passed 28th Oct. 1852. As

sented to 1st Aug. 1853.) THEREAS, it has become expedient and necessary that the PREAMBLE. V several laws now in force for the establishment and regulation of the Superior Court of Justice of these islands should be amended and consolidated : May it, &c.

I. That the Court heretofore known in these islands by the style and title of “ The Court of Criminal Justice and Common Pleas for the Parishes of St. Thomas and St. George,” shall, from and after the allowance of this Ordinance, be known and designated as “ The Supreme Court of the Turks and Caicos Islands," and the same is hereby established as a Court of Record by the aforesaid style and title of “ The Supreme Court of the Turks and Caicos Islands,” Style and Title. and is hereby invested with all the powers, properties, rights, superintendence, force, effect, jurisdiction, authorities, pre-eminence, and advantages which belong to, and are used, enjoyed, and in any manner practised by the Courts of Queen's Bench, Common Pleas, Its jurisdiction Exchequer, Oyer and Terminer, and General Gaol Delivery in defined. England ; which said Court shall be held at Grand Turk by Her Majesty's Judge, appointed for the Turks and Caicos Islands for the time being four times annually, that is to say :-on the third Tuesday in February, the third Tuesday in May, the third Tuesday When to be in August, and the third Tuesday in November, in each and every

holden. year: and that the said Supreme Court shall have and use, as occasion may require, a Seal bearing a device and impression of the “ Royal Arms” within an exergue or label, surrounding the same with this inscription, “ The Seal of the Supreme Court of the Turks and Caicos Islands," which said seal shall be delivered to and kept by the Prothonotary of the said Court; and the same Powers of the powers and authorities are hereby given to the Judge aforesaid to Judge, all intents and purposes whatsoever, as are held, enjoyed, and exercised by the Judges of the Courts of Queen’s Bench, Common Pleas, and Exchequer in England, and he is hereby authorized, empowered, and required, to take cognizance of, and hold all pleas, in all manner of causes, suits, and actions, whether civil or criminal, as fully and amply to all intents and purposes as the Judges of the said Courts of Queen's Bench, Common Pleas, and Exchequer, in England, can, may, or ought to do; and he is hereby empowered and required, from time to time to make all such general rules and orders for the effectual execution of this Ordinance and of the intention hereof, and for the practice of the said Court, as may be necessary and expedient for the better conducting the same: Provided, that such rules and orders are not repugnant to this Ordinance, and as nearly as conveniently may be made agreeably to the rules of practice now, or hereafter to be established in the Common Law Courts of Westminster Hall.

II. That the process for the commencement of all personal Process for the actions shall be according to the form contained in the Schedule to cominencement

of actions. this Ordinance annexed, and marked No. 1, and shall be called a writ'

No. 7. of summons ;* and such writ shall be issued by the officer of the Ord. No. 9, said Court, by whom process hath been heretofore issued; and 1852. every such writ issued under the authority and by virtue of this

Ordinance, shall be served at Grand Turk, by the Provost Marshal or his Deputy, and at any other island or district of the Presidency by the stipendiary or other constable of such island or district, who are hereby invested within their respective districts with the authority of Bailiffs, for the service and execution of all writs, or other process issuing out of the said Court, and every such writ or process, when served or executed, shall be indorsed by the Provost Marshal or his deputy, or the bailiff aforesaid, with the day of the month + upon which the same was so served or executed : Provided however that no writ or other process, except subpoena writs, shall be sent for service or execution to any such bailiff unless the Provost Marshal shall first certify thereon, in writing, that he has

declined to serve or execute the same. Amount of III. That upon every writ of summons or capias, served for the claim and costs recovery of any debt, the amount of the debt shall be stated, and to be i idorsed the amount of what the plaintiff's attorney claims for the costs of on every Sum

such writ, or process, arrest, or copy and service, and attendance mons or Capias.

to receive debt and costs; and that upon payment thereof within four days to the plaintiff or his attorney, further proceedings will be stayed; but the defendant shall be at liberty, notwithstanding such payment, to have the costs taxed; and if more than onesixth shall be disallowed, the plaintiff's attorney shall pay the

costs of taxation. Date and test IV. That, every writ issued by authority of this Ordinance, shall of writs.

bear date on the day on which the same shall be issued, and shall be tested in the name of the Judge of the said Court, or, in case of a vacancy of such office, in the name of the person duly appointed to act in that capacity, be sealed with the seal of the said Court, and signed by the Prothonotary, and shall be indorsed with the name of the attorney in whose name such writ shall be taken out; but, in case no attorney shall be employed for that purpose, then with a memorandum expressing that the same has been sued out by

the plaintiff in person, or by his duly authorized agent, or agents. Non bailable V. That, where no bail is required, or ordered, the defendant, Process, how or defendants, shall be personally served by the Provost Marshal, served.

or other Officer, with a copy or copies of the writ, or process, issued against such defendant, or defendants, on which copy, or copies, there shall be indorsed in addition to the indorsements on the writ, a notice of the intent, or meaning, of such service, which notice shall be in the form contained in the Schedule aforesaid, marked No. 1.1

VI. Repealed by Ord. No. 9, 1855, sect. 9. Mode of pro VII. And whereas, from the want of a process of outlawry, creceeding in

ditors may be put to great inconvenience in the recovery of joint Joint Bonds &c. one or

debts due them by persons, some of whom reside within these more of the islands, and some in other countries; Be it therefore ordained, parties being absent,

* The form of the writ is altered by Ord. No. 9 of 1855. See post, No. 9 of this Class.

† The day of the week must also be indorsed. See Common Law Procedure Act, 1852, sect, 15.

I So much of Sect. 5 is repeated by Ord. No. 9 of 1855, Sec. 9, as refers to the notice on the Writ. See post, this Class, No. 9.

that, in all actions, or suits, hereafter to be brought, sued, or pro- No. 7. secuted, in the aforesaid Court, upon any joint bond, obligation, Ord. No. 9, promissory note, written acknowledgment, bill of exchange, or 1852. open account, in which any one, or more of the defendants, shall have been actually served with a writ or process whereby to compel his, her, or their appearance to such suit or action; and the Officer to whom such writ or process shall have been directed, shall return and certify that the other defendant, or defendants, therein named, is, or are, not resident within these islands, it shall and may be lawful for the plaintiff, or plaintiffs, to issue an alias writ, and the service of such alias upon any, or either, of the defendants, residents within these islands, as aforesaid, or if the Provost Marshal shall return that, such defendant, or defendants, are not to be found within his bailiwick, such service or return, shall be held good service upon such absent defendant or defendants; and that the plaintiff, or plaintiffs, may afterwards proceed either by default or otherwise, to judgment and execution, in such manner as if each of the defendants had been personally served with such writ or process.

VIII. And whereas, great injury may be done to creditors in Mode of proconsequence of their not being able to obtain judgments against ceeding against persons who have resided within these islands and removed there- pers

persons who

are absent. from; Be it therefore ordained, That, from and after the passing of this Ordinance, the leaving a copy, or copies, of process issued out of the aforesaid Court, at the last place of abode, or residence, of any defendant or defendants who are now, or hereafter may be, resident in these islands, and may depart therefrom, and be absent twelve calendar months, shall be deemed good service, and as effectual in law as if such defendant, or defendants, had been personally served with the copy, or copies, of such process within these islands : Provided, that, the plaintiff or some other person, shall make affidavit on the return of the said process that the defendant, or defendants, had been, and then was, or were, absent from this Government at least twelve months previous to the issuing of the same; and that the cause of action arose to the plaintiff, or plaintiffs, previous to the departure of the said defendant, or defendants, from these islands.

IX. That, it shall be lawful in term time for the Court out of Rules and Orwhich any writ issued by authority of this Ordinance, or any writ of ders may be “ Capias ad satisfaciendum," “ fieri facias,” or “ venditioni exponas " made for the

return of shall have issued, to make rules, and also for any Judge in vaca- Writs in vation to make orders for the return of any such writ; and every cation. such order shall be of the same force and effect as a rule of Court made for the like purpose: Provided always, that, no attachment shall issue for disobedience thereof until the same shall have been made a rule of Court.

X. That, if a plaintiff in any action in the said Court in which Bailable process the defendant is now liable to arrest,* (whether upon the order of how obtained. a Judge or without such order,) shall by aflidavit of himself, or of some other person, show to the satisfaction of the Judge of the said Court that such plaintiff has a cause of action against the defendant, or defendants, cognizable in the said Court, and, that there

* The amount for which bail may be ordered is £10 and upwards, by Bahama Act, 8 Vic. c. 23, s. 4.

No. 7. is probable cause for believing that the defendant, or any one or Ord. No. 9, more of the defendants, is, or are, about to quit the Colony unless 1852. he or they be forth with apprehended, it shall be lawful for such

Judge by a special order to direct, that, such defendant, or defendants so about to quit the Colony, shall be held to bail for such sum as such Judge shall think fit, not exceeding the amount of debt, or probable damages, and, thereupon it shall be lawful for such plaintiff to sue out one, or more, writ, or writs, of Capias into one or more different islands, or districts, within the Colony, against any such defondant so directed to be held to bail, which writ, or writs, of Capias shall be in the form contained in the Schedule of this Ordinance annexed, marked No. 3, and shall bear date on the day on which the same shall be issued--and shall have indorsed thereon the amount for which the defendant, or defendants, is, or are to give bail : Provided however, that nothing in this section contained shall be construed in any way to affect or set aside the provisions of the 58th clause of the Ordinance of these

islands No. 7 of 1849-to provide for the collection of the Revenue. Proceedings XI. That, the Provost Marshal, or other Officer, to whom any on bailable

such writ of Capias shall be directed, shall immediately upon the Capias.

receipt of such writ of Capias, proceed to arrest the defendant thereupon, and such defendant when so arrested, shall remain in custody until he shall have given a bail bond to the Provost Marshal according to the form contained in the Schedule to this Ordinance annexed marked No. 4, or shall have made deposit of the sum indorsed on such writ of Capias, together with Ten pounds for costs, according to the practice of the said Court, and all subsequent proceedings, as to the putting in and perfecting special bail, or of making deposit and payment of money into Court, instead of putting in and perfecting special bail, shall be according to the like practice of the said Court, or as near thereto as the circumstances of the case will admit: Provided, that, it shall not be lawful for the Provost Marshal, or other officer, to arrest a defendant under such writ of Capias, after the expiration of the Thirtieth day from the date thereof, counting the day of the date inclusive : Provided also, that it shall be lawful for the Judge as aforesaid, from time to time, by special order to authorize the issuing of alias writs of Capias, all which alias writs shall, and may be executed in the

same and the like manner as original writs of Capias. When it may XII. That, any special order for the arrest of a defendant, or be served.

defendants, may be made, and the defendant arrested in pursuance thereof, at any time after the commencement of such action, and before final judgment shall have been obtained therein, and, that a defendant in custody upon any such arrest, and not previously served with a copy of the writ of summons, may be lawfully served

therewith. Order for arrest XIII. That, it shall be lawful for any person arrested on any may be dis

such writ of Capias, to apply at any time after such arrest, to the charged.

Judge of the said Court for an order or rule on the plaintiff in such action, to show cause why the person arrested should not be discharged out of custody, and that it shall be lawful for such Judge or Court to make absolute, or discharge such order or rule, and to direct the costs of the application to be paid by either party, or to make such other order therein as to such Judge shall scem fit.

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