55 VI. COURTS OF COMMON PLEAS. (a) 33 CAR. II. c 23.] An act for establishing courts and directing 33 CAR. II. the marshal's proceedings. (b) c. 23. Island Act. ISLD. [1681.] 1681. be brought 33 Car. II. c. 23, sec. 6.] No suit shall be had or process No action to taken out of the supreme court of judicature, for any matter or in the cause of action under the value of £20 current money of this Supreme island, upon the penalty of £20 of the like money, to be paid less than by the plaintiff in the said action; but the same be tried in the (a) These courts, not having criminal jurisdiction, do not strictly come within the category of this volume. But being held at the same time and places, and before the same judges as the courts of Quarter Sessions, and also, being courts of Common Resort, they may be classified with the Sessions Courts. The courts of Common Pleas are parochial courts held in each parish (save the parishes of St. Dorothy and St. John, which are comprised in the parish of St. Catherine), concurrently with the courts of Quarter Sessions, except in the city of Kingston, where a court of common pleas sits every two months. Their jurisdiction is limited to the trial of civil causes where the debt or matter in dispute does not exceed £30 exclusive of the costs. But they cannot take cognizance of questions of freehold. Justices of the peace are not necessarily by virtue of their offices judges of this court. A separate commission is issued by the governor, appointing a chief judge and judges of the court, which remains in force until a new commission is issued. Assistant judges may be added by writ of association. They are removeable at the pleasure of the governor. Their jurisdiction extends over the parish for which they are appointed. The chief judge or chairman, or, in his absence, the senior judge present, presides. Individually they have the power of taking acknowledgments and probates to deeds. [33 Car. II. c. 12, sec. 5.] As in sessions two more judges form a court. The jurisdiction of these courts is ex t ercised by bringing an action, which muss be served on the defendant fourteen day before the meeting of the court, and the plaintiff must establish his demand by the evidence of witnesses before a jury of twelve. In case of necessity, the examination of witnesses, by commission de bene esse, is also allowed. In this respect as in all others, the practice of the supreme court is observed. The judgments of these courts are enforced by writ of execution, and writ of venditioni exponas. The latter writ authorizes the provost-marshal, or his deputy, to levy on the defendant's goods and chattels, and in default to take his body. Fourteen days must elapse, however, from the date of the judgment before execution can issue. The proceedings in these courts are not expensive. They are exempted from stamp duties. The professional fees are limited to one half the fees of the su preme court. The principal expense is the marshal's fees on service of actions, which is the same as in the Supreme Court. The clerk of this court is generally, but not necessarily, the clerk of the peace. He is appointed by the chairman, or by the justices in sessions, and holds his office quamdiu se bene gesserit. The records are kept by the clerk. The other officers are the deputy marshal and constable. The proceedings of these courts are subject to reversion by the Supreme Court. (b) Sec. 1 repealed by 5 Vic. c. 26. Court for £20. 33 CAR. IL Court of the precincts where such cause of action doth arise, Island Act. provided that both parties reside there. c. 23. 1681. go against defendant, if he appears not; provided proof of his being Judgment to 7. In all and every the inferior courts within this island, upon summons duly served, and the defendant not appearing, judgment shall go by default, in the same manner and form as in the supreme court: Provided always, that as well in the supreme court as any other the inferior courts within this island, the provost-marshal, or his lawful deputy, shall appear in open court, and there depose upon oath that the party or parties, against whom judgement shall go by default, hath been legally summoned fourteen days before the said court. summoned. Court at months. 2. In respect Port Royal is the chief seat of trade within this Port Royal island, and it is found by experience that a quicker and more every two speedy dispatch of all maritime and merchandizing affairs gives the greatest satisfaction to all parties concerned, it shall and may be lawful for the judge or judges of the court there established to hold and keep the same once every two months and not oftener; and it shall and may be lawful for the may grant a chancellor here for the time being upon application made to grant a justicias to any of the inferior courts within this island; any thing herein contained to the contrary notwithstanding. Chancellor Justicias. No Judge to officiate before he has taken the oath of nor to re profits. 3. It shall not be lawful for any person or persons whomsoever appointed, elected, or chosen to be a judge or judges of the said court to execute or officiate his or their said place or office allegiance, until such time as he or they shall respectively take the oath of ceive illegal allegiance and supremacy in open court; and none of the said judges, directly nor indirectly, shall ask, demand, or receive, any other profit, benefit, or advantage, from any of the clerks of the said courts, or other person whatsoever under colour, or pretence of such their place, office, or authority, but what is allowed them by the act of this island, under the penalty of £500 current money of this island. 10 ANNE c. 4. Island Act. 1711. Inferior 10 ANNE, c. 4.] An act for regulating fees. ISLD. [May 19, 1711.] 10 Anne, c. 4, sec. 11.] None of the inferior courts shall intercourts not to meddle with or determine any action whatsoever where the title of land is concerned; any law, custom, or usage to the contrary notwithstanding. interfere in real pro perty. 12. The judge or judges of any of the inferior courts of this island shall have like power and authority to issue out foreign attachments for any sum of money under £20 (a) as the chief justice of the supreme court now hath by any act of this island. (a) £12 sterling. c. 18. 46 GEO. III. c. 18.] An act to enable the provost-marshal, or 46 GEO. III. his lawful deputies, to assign bail-bonds in cases of arrest in the Island Act courts of common pleas. ISLD. [10th December, 1805.] 1805. marshal, or 46 Geo. III. c. 18.] Whereas, in cases of arrest in the several Preamble. courts of common pleas in this island, upon process for debt, the deputy-marshals do usually take bail from the defendant or defendants, by bond, to appear and answer: And whereas it is expedient that, upon forfeiture of such bonds, the provostmarshal, or his lawful deputies, should be empowered to assign the same to the plaintiff or plaintiffs in the said arrests, so that actions may be brought thereon in the name or names of such plaintiff or plaintiffs: Be it therefore enacted in every case Provostof arrest, upon mesne process, for debt, issuing out of any of the his deputies, courts of common pleas, in this island, where the provostmarshal, or his deputy, or deputies, shall take bail, by bond, bail-bonds for the defendant's appearance to answer, and such bond shall arrest in become forfeited, the provost-marshal, or his lawful deputy, for pleas. the parish where such bond shall be taken, shall assign the same unto the plaintiff, or plaintiffs, at whose suit the writ of arrest shall have issued, by subscribing his name, in the presence of one witness, to an assignment endorsed upon such bond, and which assignment shall be in the form following: I do hereby assign the within bond unto according to an act of the lieutenant-governor, council, and assembly, of this island, in such case lately made and provided: empowered to assign in cases of common may bring for debt and And that such assignee or assignees, his or their executors, Assignees or administrators, may bring action, in the court of common actions pleas, where the same shall have arisen, against the bail there- upon them upon, in his or their own name or names, and, having obtained costs. judgment, may mark, or cause to be marked, on the writ of execution, a levy for the debt and costs, and on writs of venditioni to be thereupon issued, such levy as he or they may be entitled to mark on writs to be issued on the judgment in the original action, and also a further levy for the costs of the action upon the bail-bond: Provided always, That if the de- Proviso. fendant in the original action shall, at any time before judgment obtained on the bail-bond, appear and give bail, by manucaption, to answer the condemnation, with costs, in case of judgment upon the original action, the bail-bond shall become void, and the action or actions, if any, thereupon brought, be discontinued, upon payment of the costs thereof: Provided also, That it shall not be lawful to issue any writ of venditioni exponas, on any judgment on a bail-bond, until judgment shall have been previously had in the original action. Proviso. Judgments bail-bonds 2. From and after the passing of this act, judgments that takeond have been taken on bail-bonds, heretofore assigned by deputy- heretofore marshals, shall not be reversed, or in any wise impeached for not to be error in such assignment. reversed on error. 3 VIC. e. 21. Island Act. 1839. Preamble. A court of Common Pleas esta blished in precinct of St. Cathe rine. appoint 3 VIC. c. 21.] An act for establishing a court of common pleas in and for the parish of St. Catherine. (a) ISLD. [Dec. 1839.] 3 Vic. c. 21, sec. 1] Whereas the inhabitants of the precinct of Saint Catherine are put to great inconvenience and expence in the recovery of debts not exceeding £20, by reason of a court of common pleas not having been established in the said precinct: Be it therefore enacted, That a court of common pleas shall be established in the said precinct, and shall be held and kept at the same time and in the same place in the said precinct where the justices of the peace now hold and keep the court of quarter-sessions of the peace for the said precinct; and the chief judge and the assistant judges of the said court, to be appointed as hereinafter mentioned, shall have the same power in holding such courts of common pleas as other parishes in this island where courts of common pleas are held now have, and shall have, use, exercise, and enjoy all and every the powers, authorities, benefits, privileges, rights, immunities, and customs that all and every of the parishes in this island have, or ought to have, use, and enjoy of common right, or by virtue of any general act, or acts, or laws in force in this island, as fully, amply, and effectually to all intents and purposes as if the said precinct had been expressly and distinctly named, expressed, and specified therein respectively; any law or usage to the contrary notwithstanding. Governor to 2. It shall be lawful for the governor, or person exercising judges, &c. the functions of governor of this island for the time being, to appoint a chief judge and assistant judges for the said court of common pleas in the said precinct of Saint Catherine, and also from time to time to appoint any other persons assistant judges of the said court, as he may consider requisite. 5 VIC. c. 26. 5 Vic. c. 26.] An act to alter the jurisdiction of the courts of Island Act. common pleas, and for other purposes. ISLD. [December 24, 1841.] 1841. Preamble. 5. Vic. c. 26, sec. 1.] Whereas the laws for the better administration of justice within this island enact and declare that the presiding judges of the several courts of common pleas of this island shall be persons of the legal profession : (a) This term, precinct, comprises the three parishes of St. Catherine, St. Dorothy, and St. John. The parish of St. Thomas in the Vale, formerly included, was severed from it, by 5 William IV. c. 24. Anterior to the passing of this act And there was no Local Court of Pleas in the precinct of St. Catherine, the jurisdiction in that precinct being theretofore exercised by the Supreme Court. In all the other parishes and precincts of the island, Courts of Common Pleas were, and now are, established by local acts. |