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Fees,

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 Repealed by 11 Vic, ch. 3.

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 Acts repealed.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.

1848.) PREAMBLE.

THEREAS in and by an Act passed in the tenth year of your

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 adjudicated on by

before a Justice of the Peace under the said last-mentioned Act, 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, 1855, sec. 28, post, Part IV., Class XII.

III. That the jurisdiction of a Justice of the Peace under this No. 3. Act, and of the aforesaid Act of the tenth year of Her Majesty's Act 11 Vic. reign, shall be confined to cases wherein the cause of action shall c. 3. have arisen within the district for which such Justice is com

on such Justice 18 com- The jurisdicmissioned to act; and to cases wherein the cause of action having tion defined of arisen out of such district, the defendant, or one of the defendants, Justices. shall reside or carry on business therein.

IV. That when any summons or writ of execution is required to Mode of service be served or executed out of the district for which the Justice issu- of summons. ing such summons or writ of execution is commissioned to act, it shall be lawful for the person at whose instance such summons or writ of execution issued to deliver, or cause the same to be delivered to a Justice of the Peace for the island or district in which the same is to be served or executed, and it shall thereupon be lawful for such last-mentioned Justice, and he is hereby required forthwith, to indorse his name on such summons or writ of execution, and to deliver it for service or execution to some lawful constable of his district, who shall thereupon proceed to serve or execute such summons or writ of execution, in the same and the like manner as if such summons or writ of execution had originally been issued by a Justice of the Peace for the district in which such constable is authorized to act, and every Justice indorsing any such summons or writ of execution shall be entitled to a fee of one shilling, to be paid in the first instance by the party at whose instance such indorsation was made, but shall afterwards be chargeable as costs in the suit, and the constable serving or executing such indorsed summons or writ shall be entitled to the fees of service or levy, as the case may be, prescribed by the Acts to which this is an amendment, and the service of any such indorsed summons, as aforesaid, shall be proved by affidavit made before a Justice of the Peace for the district wherein such service took place.

V. That the jurisdiction of the said Justices of the Peace, under Extent of juthe before-mentioned Act of the tenth year of Her Majesty's reign, risdiction of

Justices furshall extend to the recovery of any demand not exceeding the sum

ther defined. of Five pounds which is the whole or part of the unliquidated balance of a partnership's account, or the amount or part of the amount of a distributive share under an intestacy, or of any legacy under a will, or which is the amount of any penalty imposed by the rules of any body, corporate or public body, or institution, or other legal society, upon the members thereof, or subscribers thereto, for any infraction of the rules of any such body corporate, public body or institution, or other society.

VI. That it shall be lawful for any executor or administrator to Lawful for sue and be sued before a Justice of the Peace, as aforesaid, in like Executors and

Administramanner as if he were a party in his own right: and judgment and Ad

tors to sue and execution shall be such, as in the like case would be given or issued be

be sued. in any superior Court.

VII. That no privilege shall be allowed to any person to exempt No privilege to him from the jurisdiction of a Justice of the Peace under the said exempt any per

son from jurisAct of the tenth year of Her Majesty's reign or of this Act.

diction of Court, VIII. That where any plaintiff shall have any demand recover- Suits for acable before a Justice of the Peace under this Act, or the Acts counts against hereinbefore mentioned, against two or more persons jointly an- two or more swerable, it shall be sufficient if any of such persons be served with

th parties regu

lated, process, and judgment may be obtained and execution issued against

No. 3. the person or persons so served, notwithstanding that others jointly Act 11 Vic. liable may not have been served or sued, or may not be within the c. 3. jurisdiction of the Justice, and every such person against whom

judgment shall have been obtained under this Act, and who shall have satisfied such judgment, shall be entitled to demand and re

cover contribution from any other person jointly liable with him. Default of ap IX. That if upon the day of the return of any summons, or pearance of

upon any day to which the hearing of the cause for which the said Plaintifr.

summons shall have been issued may be postponed, the plaintiff shall not 'appear, the cause shall be struck out, and if he shall appear but shall not make proof of his demand to the satisfaction of the Justice, it shall be lawful for the Justice to nonsuit the plaintiff, or to give judgment for the defendant, and in either case where the defendant shall appear and shall not admit the demand to award to the defendant by way of costs and satisfaction for his trouble and attendance, such sum as the Judge in his discretion shall think fit, and such sum shall be recoverable from the plaintiff by such ways and means as any debt or damage ordered to be paid by the same Justice can be recovered : Provided always, that if the plaintiff shall not appear when called upon, and the defendant or some one duly authorized on his behalf shall appear, and admit the cause of action to the full amount claimed, the Justice may

proceed to give judgment as if the plaintiff had appeared. Default of ap- X. That if on the day so named in the summons, or at any conpearance of tinuation or adjournment of the cause in which the summons was Defendant.

issued, the defendant shall not appear, or sufficiently excuse his absence, or shall neglect to answer when called, the Justice upon due proof of service of the summons, may proceed to the hearing or trial of the cause on the part of the plaintiff only, and the judgment thereupon shall be as valid as if both parties had attended : Provided always, that the Justice in any such case, at the same or any subsequent Court, may set aside any judgment so given in the absence of the defendant, and the execution thereupon, and may grant a new trial of the cause, upon such terms, if any, as to payment of costs, giving security for debt or costs, or such other terms as he may think fit, on sufficient cause shown to him for that

purpose. Time may be XI. That the Justice of the Peace, may in any case make orders granted to for granting time to the plaintiff or defendant to proceed in the Plaintiff or

prosecution or defence of the suit, and also may, from time to time, Defendant.

adjourn the hearing, or further hearing of any cause, in such

manner as such Justice may deem fit. Who may be XII. That on the hearing or trial of any action, or on any other examined. proceeding before a Justice of the Peace under this Act, or either

of the hereinbefore-mentioned Acts, the parties thereto, their wives, and all other persons may be examined, either on behalf of the plaintiff or defendant upon oath, or solemn affirmation, in those cases in which persons are by law allowed to make affirmation in

stead of taking an oath. Perjury.

XIII. That every person who in any examination upon oath or solemn affirmation before a Justice of the Peace, in any proceeding under this Act, or either of the hereinbefore-recited Acts, shall wilfully and corruptly give false evidence, shall be deemed guilty of perjury.

XIV. That either of the parties to any suit or proceeding under

DOORS may be

this Act, or the Acts before recited, may obtain from the Justice No. 3. of the Peace, summonses to witnesses to be served by constable of Act 11 Vic. the district in which the witnesses may reside or be, and any such c. 3. summons may, at the option of the party obtaining it, be framed to contain a demand requiring the production of books, deeds, papers, produced in and writings in the possession or control of the party to whom it evidence. is directed.

XV. That every person on whom any such summons shall have been served, and to whom at the same time payment or a tender of payment of his reasonable expenses shall have been made, and who shall refuse or neglect, without sufficient cause, to appear, or to produce any books, papers, or writings required by such summons to be produced, and also every person present at the hearing of any case, who shall be required to give evidence therein, and who shall refuse to be sworn and give evidence, shall forfeit and pay such fine, not exceeding five pounds, as the Justice shall set on him, and the whole or any part of such fine in the discretion of the Justice, after deducting the costs, shall be applicable toward indemnifying the party injured by such refusal or neglect, and the remainder thereof shall be paid into the Public Treasury in aid of the expenses of the Government.

XVI. That payment of any fine imposed by a Justice of the Enforcement Peace under the authority of this Act may be enforced upon the of fines. order of the Justice, in like manner as payment of any debt adjudged before such Justice, and shall be accounted for as herein provided.

XVII. That if there shall be cross judgments between the parties, Cross judgexecution shall be taken out by that party only who shall have ments. obtained judgment for the larger sum, and for so much only as shall remain after deducting the smaller sum, and satisfaction for the remainder shall be entered as well as satisfaction on the judgment for the smaller sum, and if both sums shall be equal, satisfaction shall be entered upon both judgments.

XVIII. That if it shall at any time appear to the satisfaction of Cases of absence the Justice of the Peace by the oath or affirmation of any person, from sickness, or otherwise, that any defendant against whom such Justice hath &c., provided given judgment in any proceeding under the said Acts, or this Act, is unable from sickness, or other sufficient cause, to pay and discharge the debt or damages as aforesaid, it shall be lawful for the Justice, in his discretion, to suspend or stay any judgment, order, or execution given, made, or issued in such action, for such time and on such terms as the Justice shall think fit, and so from time to time, until it shall appear by the like proofs as aforesaid, that such temporary cause of disability has ceased.

XIX. That no imprisonment under the sixteenth section of the Debt not ex. before-recited Act of the eighth year of Her Majesty's reign, shall tinguished by in anywise operate as satisfaction or extinguishment of the debt in imprisonment respect of which such imprisonment was imposed.

of 8 Vic. XX. That if any person shall wilfully insult a Justice of the Penalty on inPeace acting under the authority of this Act, or of the said Act of sulting Judge the tenth year of Her Majesty's reign, during his sitting or attend- of Court. · ance in Court, or shall wilfully interrupt the proceedings of the Court, or otherwise misbehave in Court, it shall be lawful for any officer of the Court or constable, with or without the assistance of any other person, by the order of the Justice, to take such offender

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No. 3. into custody and detain him until the rising of the Court, and the Act 11 Vic. Justice shall be empowered, if he shall think fit, by a warrant under c. 3. his hand and seal, to commit any such offender to any prison for

any time not exceeding ten days, or to impose upon any such offender a fine not exceeding two pounds, for every such offence, and in default of payment thereof, to commit the offender to any such prison as aforesaid, for any time not exceeding ten days,

unless the said fine be soon paid. Penalty on XXI. That if any officer of Court or constable shall be assaulted assa

while in the execution of his duty, or if any rescue shall be made officer of Court.

or attempted to be made of any goods levied on under the authority of this Act, or of the hereinbefore-recited Act, the person so offending shall be liable to a fine not exceeding five pounds, to be recovered by order of the Justice, and in default of payment, to imprisonment with hard labour for any term not exceeding thirty days, in the discretion of the Justice, and it shall be lawful for the officer of the Court or any peace officer in any such case to take the offender into custody, with or without warrant, and bring him

before such Justice accordingly. Penalty for XXII. That in case any officer of the said Court, or any conneglect as to

stable who shall be employed to levy any execution against goods levies.

and chattels shall by neglect or connivance or omission lose the opportunity of levying any such execution, then upon complaint of the party aggrieved by reason of such neglect, connivance, or omission, and the fact alleged being proved to the satisfaction of the Justice on the oath of any credible witness, the Justice shall order such officer or constable as the case may be to pay such damages as it shall appear the plaintiff hath sustained thereby, not exceeding in any case the sum of money for which the said execution is issued, and the officer or constable shall be liable thereto, and upon demand made thereof, and on his refusal so to pay and satisfy the same, payment thereof shall be enforced by such ways and means as are herein provided for enforcing a judgment re

covered before any such Justice. Extortion in XXIII. That if any constable acting under colour or pretence officers of

of any process issued by a Justice as aforesaid shall be charged Court, how punished.

with extortion or misconduct, or with not duly paying or accounting for any money levied by him under the authority of this Act or of any of the hereinbefore recited Acts, or if any constable shall refuse or neglect to sue or execute any process delivered to him for service or execution, it shall be lawful for the Justice to inquire into such matter in a summary way, and for that purpose to summon and enforce the attendance of all necessary parties in like manner as the attendance of witnesses in any case may be enforced, and to make such order thereupon for the repayment of any money extorted, or for the due payment of any money so levied as aforesaid, and for the payment of such damages and costs as he shall think just, and also if he shall think fit to impose such fine upon the officer or constable not exceeding five pounds for each offence as he shall deem adequate, and in default of payment of any money so ordered to be paid, payment of the same may be enforced by such ways and means as are provided for enforcing a judgment re

covered in the said Court. Summary con- XXIV. That all summary convictions under this Act shall be victions may be subject to the provisions of an Act of the General Assembly of appealed from.

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