Island Act. 1841. The juris these courts whereas it will tend to facilitate the ends of justice, and diminish 5 Vic. c. 26. the expense of suitors, to enlarge the jurisdiction of the said courts: Be it therefore enacted, That the jurisdiction of the several courts of common pleas established, or to be established diction of in the several precincts and parishes of this island, shall extend extended to over all causes wherein any freehold is not concerned, and in £30 sterling, which the original amount claimed does not exceed the value of cases of £30, exclusive of costs, and no more; and that the same be held and kept at the same time and place in the respective precincts and parishes as heretofore, any law or usage to the contrary notwithstanding. except in freehold. and trespass on the case, &c., may be Court at 2. Nothing herein shall prevent any plaintiff or plaintiffs, Trespass if he or they shall think proper, from proceeding in the supreme court of this island in any action or actions of trespass, or tried in trespass on the case, covenant, or debt on specialty, where the Supreme original amount sought to be recovered shall not exceed the option of amount hereinbefore provided; and no other causes, wherein any freehold is not concerned to the value hereinbefore mentioned, shall be brought against any person within the jurisdiction of the said courts of common pleas in any other court whatsoever. plaintiff. inferior taxed, un tificate to 3. In all actions hereby declared to be within the jurisdiction But costs of of the courts of common pleas, so brought in the supreme court courts to be as last aforesaid, the clerk of such court shall not tax for costs less on to the plaintiff or plaintiffs any greater costs than such plaintiff judge's ceror plaintiffs would have been entitled to if such action had been contrary. brought in the inferior court, unless the judge, before whom such action shall be tried, shall, before the expiration of the court, certify on the record that in his opinion the costs of the supreme court should be allowed. Plaintiffs costs out of purse, as 4. The plaintiff or plaintiffs in every action depending, or entitled to hereafter to be brought in the several courts of common pleas of this island, (except as hereafter excepted,) in which he or between they shall recover damages, shall be entitled to costs out of party. purse, to be taxed as between party and party. party and do not ex shillings, costs than be allowed, 5. In every personal action depending, or hereafter to be If damages brought in the said courts of common pleas, when the debt or ceed forty damages recovered in such action shall not exceed forty shillings, no greater the judges before whom such action shall be tried shall not damages to award, nor shall the proper officer of such courts, that is to say, unless on the clerks of the said courts of common pleas, tax for costs to judges' certhe plaintiff or plaintiffs in such action any greater or more costs than the sum recovered for the debt or damages, but less, at his discretion, unless the judge before whom the action shall be tried, shall within three days after the termination of the court in which such trial shall take place, certify on the record that in tificate, &c. 5 VIC. c. 26. their opinion costs, to be taxed as between party and party, Island Act. ought to be allowed to the plaintiff or plaintiffs therein. 1841. Where action dis or judgment have judgment for 6. If the plaintiff in any action depending, or hereafter to be brought in the said court of common pleas shall, after apcontinued, pearance by the defendant or defendants therein, discontinue in his power, his or their action, or shall be nonsuited, or a verdict shall, defendant to after trial, pass against such plaintiff, then the defendant or defendants in every such action shall have judgment to recover his or their costs, incurred by such defendant or defendants in defending such action, to be taxed in manner aforesaid; and the judges of the said court of common pleas shall in their discretion, make such order or orders as to the payment of such costs as to the said judges shall seem reasonable and proper. costs. Costs not recoverable 7. No costs given or allowed under the provisions of this until taxed. act shall be recoverable or recovered until the same shall have been first taxed by the respective clerks of the courts of common pleas. (a) No special pleas 9. No special pleas shall be allowed in any of the said allowed in courts of common pleas, but the defendant or defendants in any those courts. action or actions depending, or to be hereafter brought in Proviso. Notice of special matter to be given. Judges to make rules and orders for the re gulation of the courts. any of the said courts may plead the general issue, and shall be at liberty to give the special matter in evidence on the trial of any such actions: Provided, such defendant or defendants shall serve a notice of the special matter to be by him set up in defence, in such manner and form as the rules and orders made for the regulation of the said court shall direct and require. 10. And whereas it is necessary to establish one uniform system of proceeding in the said several courts of common pleas, and to remove doubts as to the powers of the said courts, as well as to give full effect to their decisions, Be it therefore enacted, That the several presiding judges of the said courts of common pleas, or any five or more of them shall, within one year from the first day of June, 1842, at a time and place to be appointed by the judges of the supreme court, make rules and orders for the regulation of the respective courts of common pleas, and shall from time to time alter, vary, and amend the same as occasion may require; and in such rules and orders shall provide for the service of summonses and declarations, for entering up judgments, granting new trials, and all other proceedings (except as herein provided), in actions to be brought in the said courts, as well as for the taxation and payment of costs in the same, and also for the enforcing the said rules and orders, To be sub either by attachment or otherwise, and generally for carrying into effect the said alterations, as to them may seem expedient; and all such original, and amended, and altered rules, orders, and regulations shall be submitted to the judges of the supreme mitted to Supreme Court for confirmation. (a) Sec. 8 repealed by 7 Vic. c. 55. Island Act. 1841. court of judicature of this island for their approval and confirma- 5 VIC. c. 26. tion: and every rule, order, or regulation so made shall, from and after such approval and confirmation as aforesaid, be binding and obligatory on the said courts, and be of like force and If approved, effect as if the provisions contained therein had been expressly statuary enacted by this act. to have force. tracted in Port Royal 11. All debts already contracted, or which shall hereafter be Debts concontracted in the town of Port Royal, and which are or would town of be recoverable in the court of common pleas of the parish of to be tried Port Royal, shall and may hereafter be sued for and recoverable in Kingston. in the court of common pleas of the city and parish of Kingston, as fully and effectually to all intents and purposes as if such debts had been contracted within the jurisdiction of the court of common pleas of the said city and parish of Kingston; and the venue and all actions which shall issue for the recovery of any such debts shall be laid in the town of Port Royal; any law or usage to the contrary thereof in anywise notwithstanding. Island Act. 7 VIC. c. 55.] An act to enlarge the powers of the judges of the 7 Vic. c. 55. several parochial courts of common pleas in issuing writs of venditioni exponas, and writs of subpoena and testificandum. ISLD. [29th Feb. 1844.] 1844. fendants re may be through pro shal's office. 7 Vic. 55, sec. 2.] Where judgment shall have been obtained When dein any of the courts of common pleas, for any debt, damages, and move out of costs, or for costs alone, under the above-mentioned act, and the parish, writs party or parties against whom such judgment shall have been issued obtained, by removing his or their goods and chattels, or by vost-marabsconding or leaving the precinct or parish over which the jurisdiction of such court extends, either previously or subsequently to obtaining such judgment, or by any other means shall prevent or endeavour to evade the enforcement and execution of such judgment within the jurisdiction of the court wherein the same was obtained, and the party or parties obtaining such judgment, or his or their procuration attorney, or attorney-atlaw, shall make oath before any judge of the court in which such judgment was obtained (and which oath the said judge is hereby required to administer), that the person or persons, or goods and chattels of the person or persons to be charged by such judgment, is or are not to be found within the jurisdiction of the said court, but is or are believed to be within the parish or precinct to which such party or parties has or have removed, it shall be lawful for such judge to certify, on the back of a writ Form of of venditioni, to be issued on the judgment so obtained as afore- proceeding. said, that the defendant or defendants has or have withdrawn himself or themselves, his or their goods and chattels, from the jurisdiction of such inferior court, and upon production of such Island Act. 1844. 7 VIC. c. 55. writ, with a certificate endorsed thereon as aforesaid, to the clerk of the supreme court of this island, the said clerk shall sign his name on the back of such writ, and such signature of the clerk of the supreme court shall be a sufficient warrant and authority to the provost-marshal to issue a precept thereon to any parish or parishes in this island for levying the sum or sums mentioned in such writ, in like manner as in cases of writs of venditioni issuing out of the supreme court on judgments obtained therein; and thereupon the said writs shall be proceeded with and returned in the term next after the issuing of such writ for execution, in like manner as other writs issuing out of the supreme court, without reference to the teste or return contained in the body of such writ; and if the same shall be returned nulla bona, or non est inventus, it shall he lawful for the plaintiff or plaintiffs in such judgmentto procure the original writ so returned as aforesaid from the clerk of the supreme court; and upon production thereof, with the return thereto as last aforesaid, to a judge of the court where such judgment shall have been obtained, to procure a further certificate (which the said judge is hereby authorized to grant), to be endorsed on another writ to be issued on such judgment, and upon production of such further writ and certificate to the clerk of the supreme court, the same proceedings shall be had and taken for the enforcement and levy of the sum or sums mentioned in such writ as are herein before directed to be had and taken on the first writ to be issued under the provisions hereinbefore contained, and so toties quoties until the said judgment shall have been enforced and satisfied. Writs to be returned Common .Pleas. 3. All writs of venditioni, to be issued on judgments of the into court of courts of common pleas under the provisions hereof, shall, on their return into the said supreme court, be returned into the court of common pleas, from which the same originally issued, to be kept and filed among the records of snch court of common pleas. Costs to be taxed by clerk of Supreme levied with 4. The costs occasioned by the transfer of the execution of judgments of the courts of common pleas, as hereinbefore proCourt, to be vided, shall be taxed by the clerk of the supreme court, and shall, the debt, &c. by endorsement on the writ of venditioni, to be issued, as hereinbefore provided, be directed by the party issuing the same, to be levied, together with and in addition to the debt, damages, and costs, or other sums of money, directed by such writ to be levied; and the said clerk of the supreme court shall charge, and be allowed for endorsing such writ and taxing such costs, the usual fees to which he is by law entitled to charge for similar work in the supreme court. 5. And whereas it is expedient to confer upon the said courts of common pleas the power of compelling the attendance of witnesses not resident within the jurisdiction of the court in Island Act. 1844. Parties out of jurisdic court, may naed to give which they may be required to appear to give evidence: Be it 7VIC. c. 55. enacted, That upon any writ or subpoena being duly issued out of any one of the said courts, directed to and requiring the attendance of any witness who may be resident out of the jurisdiction of the said court, to testify to the truth of any issue or tion of the issues therein depending, and upon any such writ being duly be subpo attested and countersigned by the clerk, and any judge of the evidence. court of common pleas of the parish or precinct wherein the party required as a witness is resident, the party whose testimony is so required shall, upon service of a copy of such subpoena, together with the payment, or on tender made, of the expenses to which he or they will necessarily be subjected, in going to, attending at, and returning from such court, be bound to obey the exigency of the said writ under the penalty of £50, to be sued for by the party aggrieved, one half whereof shall go to the party suing, and the residue thereof shall be appropriated to the exigencies of the island, and the party so subpoenaed shall, over and above such penalty, be liable, by reason of such his or her contempt, to all legal proceedings of attachment, to be sued out of and prosecuted in either of the said courts of common pleas in which such writ of subpoena originated, or in which the same was countersigned as aforesaid. 8 VIC. c. 48.] An act to declare judgments a lien upon lands, 8 VIC. c. 48. to abolish arrests except in certain cases, and for other purposes. Island Act. ISLD. [23rd December, 1844.] 1844. remove Court. £20 8 Vic. c. 48, sec. 18.] In all cases where a judgment shall be Power to obtained in any action or suit in any court of common pleas, judgments whereby any sum of money amounting to or exceeding the sum over 20 of £20, exclusive of costs, shall be payable to any person, it preme shall be lawful for the judges of the supreme court, or for any judge of the said court, at chambers, either in term or vacation, upon the application of any person who shall have recovered, or shall at any time recover such judgment, or upon the application of any person on his behalf, and upon the production of the record of such judgment, being under the seal of the court of common pleas, and signature of the proper officer thereof, to order and direct the judgment to be removed into the said supreme court; and immediately thereupon such judgment shall be of the same force, charge, and effect, as a judgment recovered in such supreme court, and all proceedings shall and may be immediately had and taken thereupon, or by reason, or in consequence thereof, as if such judgment so recovered had been originally recovered in the said supreme court; and all the reasonable costs and charges attendant upon such application and removal shall be recovered in like manner as if the same were part of such judgment: Provided always, That no such Proviso, judgment, when so removed as aforesaid, shall affect any lands, Judgments so removed |