26 GRO. II c. 14. 1753. £20 on clerks 2. If at any time after the space of three calendar months from British stat. the time that such table of fees shall be made and ratified as aforesaid, any clerk or clerks to any justice or justices of the Penalty of peace, or any person or persons acting as such, shall, under pretence of any matter or thing done, transacted or performed by taking other such justices or justices in the execution of his or their office or offices, or done, transacted, or performed by such person or persons as clerk or clerks to such justice or justices, demand or receive any other or greater fee than shall have been ascertained, ratified and confirmed in manner as aforesaid, such person shall for every such offence forfeit and pay twenty pounds to any person who shall sue for the same by action of debt, bill, plaint, or information, in any of his majesty's courts of record at Westminster, wherein no essoin, privilege, protection, wager of law, or more than one imparlance shall be granted or allowed. Tables of the fees to with the peace; 3. All the tables of fees which shall be made and settled, and be deposited ratified and confirmed from time to time as aforesaid, shall be clerks of the deposited with the clerk of the peace for the respective county, city, or other division; and each of the said clerks of the peace shall cause true and exact written or printed copies of the said tables to be placed and to be kept constantly in a conspicuous and copies part of the room or place where the general or quarter-sessions shall be held; under pain of forfeiting the sum of ten pounds for each offence, to be recovered by action of debt, bill, plaint, sessions are or information, in any of his majesty's courts of record at penalty of Westminster, wherein no essoin, privilege, protection, wager of law, or more than one imparlance shall be granted or allowed. thereof to be held, under £10. Limitations of actions. 4. Provided always that all suits and actions which shall be brought or commenced by virtue of this act, shall be brought before the end of three months after the offence committed, and not otherwise. 14 Vic. c. 29. 14 VIC. c. 29.] To regulate the fees of the clerks of the peace Island Act. and clerks of the magistrates of this island. (a) 1851 Proviso. ISLD. [17th April, 1851.] 14 Vic. c. 29, sec. 1.] On and after the first day of May, 1851, the magistrates' clerks shall be entitled to demand and receive the fees sat down in the schedule hereunto annexed marked B, Fees of ma- provided always that when the duties of magistrates' clerks are performed by clerk of the peace, he shall be entitled to demand and receive the fees and commutation, payable to the magistrates' clerks in addition to the fees payable to him as clerk of the peace. gistrates' clerks. any (a) See Courts of Quarter Sessions, ante. 10. This act in force to 31st December, 1854. Schedule B. For every deposition or information Each copy. Attendance at the trial of each case including the examination of witnesses, and entering record and all matters connected therewith . Affidavit to ground search warrant, and warrant Affidavit and warrant for articles of the peace or good behaviour Each notice. 16 and 17 VIC. c. 107.] The customs consolidation act. [As to justices' clerks' fees in prosecution under the customs laws.] 16 and 17 Vic. c. 107, sec. 292.] The fees to justices' clerks shall be regulated and governed by the table of fees to this act annexed, and shall be allowed to and taken by such clerks in respect of the matters therein mentioned, in lieu of all other fees heretofore chargeable for the like matters. Table of fees referred to. In cases summarily disposed of under sec 239. Convening justices in one or more cases on the same day. Attendance in each case of detention for the same offence: : When one person detained. two ditto three or more ditto In cases of detention and remand. Convening justices in one or more cases on the same day. 0 7 0 10 6 . 0 2 6 16 & 17 V:c c. 167. British stat. 1833. 16 & 17 VIC. cap. 107. British stat. Taking information of officer to ground warrant of detention against one or more persons for the same offence and oath 1833. Warrant of detention for one defendant only £ s. d. 0 0 for each additional defendant 0 Recognizance for defendant's appearance Each summons to witnesses when required Each information exhibited Each witness examined where examination does not exceed two folios and oath Each additional folio beyond the two first Taking down prisoner's reply, if any, to charge Warrant of commitment. Copy for revenue solicitor Engrossing conviction on parchment to file, and 0 06 0 In cases where the parties are proceeded against by summons. Convening justices to receive information in one or more cases for the same day Each information exhibited Summons for defendant's appearance Each witness examined where examination does not exceed two folios, and oath Every additional folio beyond the two first Taking down statement, if any, of party accused Engrossing conviction on parchment to file and 6 0 0 0 0 . General prosecutions at the instance of the commissioners of customs. In cases where parties are brought before the justices for offences determinable at sessions or assizes. Convening justices when required Information and oath to ground warrant or summons Warrant for apprehension of offender Taking depositions of witnesses, per folio. Copies ditto for revenue solicitor, when required, per folio Warrant of commitment. Recognizance to prosecute and give evidence Recognizance to give evidence whatever the number of witnesses included therein Each notice of recognizance to prosecute or give evidence. For Recovery of Debts. 33 CAR. II. c. 23.] An act for establishing courts and direct- 33 CAR. II. ing the marshal's proceedings. ISLD. [A.D. 1681.] c. 23. Island Act. 1681. justices may ments. 33 Car. II. c. 23, sec. 9.] In all debts not exceeding forty In debts shillings, (a) upon complaint made to any justice of the peace that under 40. the debtor against whom he complaineth is gone off this island, issue attachor otherwise absented himself, then it shall and may be lawful for the said justice to issue out a writ of attachment, to be levied by the constable in manner and form as is by this act prescribed to the provost marshal for the execution of the writ, and to be immediately determined by the said justice; any clause in this act or any other to the contrary notwithstanding. For Recovery of Debts not exceeding £6. (b) Island Act. 16 VIC. cap. 45.] An act to repeal the twelfth Victoria chapter 16 VIC. c 45. nine, entitled "An act to repeal the several acts relating to the recovery of small debts," and to re-enact the same with certain amendments. 1853. ISLD. [April 19, 1853.] Jurisdiction. any of justices 16 Vic. c. 45, sec. 28.] The jurisdiction of the justices acting Jurisdiction under this act shall extend to the recovery of demand not extends to exceeding the sum of £6, which is the whole or part of the £6. unliquidated balance of a partnership account. (a) Old currency, equivalent to twentyfour shillings sterling. (6) In addition to their duties of conservation of the peace, Courts of Justices have power to adjudicate on claims of civil debt not exceeding £6 under the provisions of the act supra, just passed the legislature (1853). The enlarged H powers given by it which enable the 16 VIC. c. 45. Island Act. 1853. Salvo. Questions of title and debts to the crown. Plaintiff may waive excess of claim above £6. Several causes of be joined, to be split have been joined. A 2. Provided, That no debt or demand wherein the title to land or real estate, or the collection of duties payable to the crown is involved, shall be recoverable under the provisions of this act. 38. A party having a claim exceeding the limits aforesaid may waive the excess and be entitled to enforce the same to the extent of £6, and such waives shall be expressly stated in the summons or particulars of demand. 41. A plaintiff may conjoin as many distinct causes of comaction with plaint, as well of contract, as he may please, within the limit of in £6 may £6; but no cause of action on contract which may, previously to but none are this act, have been by law conjoined, and which may then be which might enforceable by the plaintiff, shall be split for the purpose of bringing separate actions under this act, and a recovery in one recovery in suit, on contract, shall debar the plaintiff from enforcing any pleadable to other contracts which might have been enforceable or enforced, quent writ at the time of the institution of such former suit, and a defendant subsequently sued for any such claims of the same class may plead such former recovery as a defence, and establish the same by evidence, although the former record should not disclose the fact as herein before provided. one a subse for claims which might have been previously enforced. coverable, Interest re- 33. Interest shall be recoverable under this act, when the acbut princi- count sued shall be overdue after the time of the expiration of pal and into credit given, such principal and interest not to exceed £6. terest exceed £6. Executor or other re- tive may 27. An executor or administrator, or any person acting in a representative, or substitutional character, may sue and be sued, under the provisions of this act, in like manner as if he were a down party in his own right; but when judgment shall be given ment to be against any such defendant, sued as executor or administrator, against tes- or any person acting in a representative or substitutional character, the same shall be enforced against the goods and chattels principal. of his testator intestate, or principal. enforced tator or Jurisdiction in which actions are to be brought. Summons 39. All actions brought under the authority of this act shall be brought in the jurisdiction wherein the defendants or any of them, or his, her, or their personal representatives shall reside at the time of the commencement of the suit, or wherein the cause of action accrued, or wherein such defendants, or either of them, or his or their representative, shall be personally served within the jurisdiction, and each summons for a debt, or money particulars. demand, shall set forth in the body thereof, or annexed thereto, full particulars of the plaintiff's demand: Provided always, That in case any plaintiff shall not obtain a judgment, or fail to appear, the defendant shall be entitled to all reasonable cash expenses incurred by him in his defence. for money to contain Proviso. entitled to cash expenses in certain cases. 13. Where any plaintiff shall have any demand recoverable |
