CLASS V.-COURT OF WRECK AND SALVAGE CASES. CLASS VI.-COURTS FOR ADJUDICATING IN CASES OF PETTY DEBT AND No. 1. Act 40 G. 3, c. 2. Powers of Court of Chancery and Courts and officers of Justice defined. No. 2. 1849. CLASS I. COURTS OF CHANCERY AND ORDINARY. No. 1.-Bahama Act, 40 Geo. 3, c. 2. Section VIII. of this Act enacts that His Majesty's President for the time being, together with the Privy Council, constituting the Court of Chancery, have, and of right ought to have, power and authority to execute, within these islands, so much as well of the aforesaid Statutes, as of the common law (except as herein excepted) as the Lord Chancellor, or Keeper of the Great Seal, may lawfully do in England.* No. 2.-ORDINANCE No. 3, 1849. Ord. No. 3, An Ordinance to constitute a Court of Chancery within the Turks and Caicos Islands. (Passed 19th June, 1849. Confirmed 1st May, 1850.) PREAMBLE. Reciting 40th Laws. The President and two Members of Council to be appointed by the President to constitute a Court of Chancery. Court to make rules. Appeals allowed to WHE HEREAS in and by a certain Act of the Legislature of the Bahama Islands, made and passed in the 40th year of the reign of His Majesty King George the Third, entitled "An Act to declare how much of the Laws of England are practicable within the Bahama Islands, and ought to be in force within the same," certain powers and authorities are vested in a Court of Chancery; And whereas there is now no Court of Chancery in these islands, and it is expedient that this deficiency should be remedied; May it, &c., That the President of these islands, together with two members of the Legislative Council of the said islands, to be named and appointed by the aforesaid President-shall be, and they are hereby constituted the Court of Chancery for these islands. II. That the said Court shall and may make rules for conducting the business of such Court, and fix the rate of fees and costs to be taken for transacting business therein, which rules shall be binding on all suitors in the said Court. III. That if any party shall not rest satisfied with any decree of the said Court, it shall be lawful for such party to appeal to Her Her Majesty in Majesty in Council, against the same: Provided, that notice of appeal be given within thirty days after decree pronounced, and that good and sufficient security be given by the appellant effec*See No. 2, this Part. Council. Proviso. tually to prosecute such appeal within nine months, and to pay such costs and damage as may be awarded by Her Majesty in Council: Provided also that on cause shown, the time limited for the prosecution of such appeal may be enlarged by the Court. IV. That in every case of appeal to Her Majesty in Council, execution shall be stayed until the determination of such appeal, unless good and sufficient security be given by the appellee to the appellant to make full satisfaction for all losses sustained by reason of such appeal in case the judgment in the first instance shall be reversed. No. 3.-ORDINANCE No. 5, 1849. An Ordinance to provide for the discharge of the Duties of Ordinary within the Turks and Caicos Islands. (Passed 3rd July, 1849. Confirmed 1st May, 1850.) WH No. 2. Ord. No. 3, 1849. How execution is to be stayed in case of appeal. No. 3. Ord. No. 5, 1849. Power of vested in the HEREAS it is necessary that provision should be made for PREAMBLE. the granting of licences of marriage and performing other Acts which commonly fall within the province of the Court of Ordinary; May it, &c., That from henceforth the chief, or presiding Judge of the Supreme Court of these islands, shall be invested with the power of Ordinary, and shall exercise and perform all matters and things which have hitherto been accustomed to be done and performed by the Ordinary within these islands. II. That the said Judge shall have full power and authority to make rules and regulations for the guidance of suitors in the said Court, which rules shall be printed for general information. Supreme Court. The said make rules. III. That the said judge shall have the same and the like power How decrees and authority for enforcing any decree or order given or pro- to be enforced. nounced in any case, or with respect to any matter coming within his jurisdiction by virtue of this Ordinance, as he now possesses in cases of contempt of Court, and may issue his warrant for the imprisonment of any party so in contempt until he or they yield obedience unto such order or decree. IV. That the costs for transacting any business coming within the meaning of this Ordinance, shall be according to a table of fees to be regulated by the President of these islands in Council--and when fixed, shall be annexed to the printed rules for general information. 66 No. 4.-ORDINANCE No. 2, 1850. An Ordinance to amend two several Ordinances, entitled severally 'No. 3, 1849. An Ordinance to constitute a Court of Chancery within the Turks and Caicos Islands "and" No. 5, 1849. An Ordinance to provide for the discharge of the Duties of Ordinary within the Turks and Caicos Islands." (Passed July 2nd, 1850. Confirmed Feb. 26th, 1851.) WH Table of Costs to be regulated by the President. No. 4. Ord. No. 2, 1850. HEREAS in and by the Ordinance No. 3, 1849, entitled "An PREAMBLE. Turks and Caicos Islands "- as also by the Ordinance No. 5 of the same year, entitled "An Ordinance to provide for the discharge of G No. 4. Ord. No. 2, 1850. Rules for the practice of the Courts of Chancery and Ordinary not in force until approved by the Legislative Council. the Duties of Ordinary within the Turks and Caicos Islands," it is amongst other things enacted, that the said Courts should have power to make rules and regulations for conducting the business of such Courts, which rules shall be binding on all suitors in the said Courts respectively. And whereas it is expedient that such rules and regulations should not be enforced until they shall have received the confirmation of the Council of Government of these Islands; May it, &c. That before any rules or regulations of either of the said Courts shall be binding upon the suitors therein, the same shall first be approved and confirmed by the Legislative Council of the said islands. No. 1. 1849. CLASS II. COURT OF ERROR. No. 1.-ORDINANCE No. 4 of 1849. Ord. No. 4, An Ordinance for regulating Appeals from the Court of Common Law within these Islands. (Passed June 19th, 1849. Confirmed May 1st, 1850.) PREAMBLE. Appeals may to a Court of The President with two W THEREAS it is expedient that the right of appealing from the Superior Court of these islands should be established; May it, &c., That from and after the passing of this Ordinance it shall be lawful for any party or parties, who shall not rest satisfied with the judgment of the superior Court of these islands, in any civil cause, to appeal from such judgment by Writ of Error to the President for the time being, who, with two members of the Legislative Council for these islands, to be nominated by the said President, shall form a Court for the decision of such appeals, and shall judge and determine therein according to law. Provided that no such appeal shall be allowed, unless the same be craved within Court of Error. fourteen days after judgment signed and entered, and unless the party or parties appellant, shall give good and sufficient security, forthwith to prosecute such appeal and to satisfy all costs and charges, which may be awarded against him, her, or them, in the event of the judgment in the Court below being affirmed. And all proceedings upon such appeals, shall be conducted in the same manner as is practised in cases of Writs of Error in England. Members of Council to constitute a The Judge from to the Queen in Execution to be stayed in II. That in no case shall it be lawful for the Judge of the Supreme Court (being a Councillor) to vote on the decision of any such appeal, although he may be present and may give his reasons for such decision. III. That if any party shall not rest satisfied with the decision of the Court of Appeal aforesaid, it shall be lawful for such party, to appeal from such decision to Her Majesty in Council: Provided that such appeal be made within fourteen days after judgment given, and good and sufficient security be given to the opposite party, effectually to prosecute such appeal within nine months, and to pay all damages which may be awarded in such case. IV. That in every such case of appeal, execution shall be stayed until the final determination of such appeal, unless good and sufcase of Appeal. ficient security be given by the appellant to make full restitution to the appellee of all loss sustained by such appellee, by means of No. 1. such judgment, in case upon the determination of such appeal, such judgment shall be reversed. V. That the costs in all cases of appeal under this Ordinance shall be regulated as nearly as may be according to the fees which have been accustomed to be taken in the Supreme Court. CLASS III. SUPREME COURT, AND CIVIL PROCEEDINGS THEREIN. WE Ord. No. 4, 1849. No. 1. Act 10 G. 4, c. 8. PREAMBLE, reciting 21 Jas. 1, c. 16, and an Act of Assembly, 40 Geo. 3, c. 2. HEREAS, by an Act passed in England in the twenty-first year of the reign of King James the First, it was, among other things, enacted, that all actions of account, and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty, and all actions of debt for arrearages of rent, should be commenced within three years after the end of the then present Session of Parliament, or within six years next after the cause of such actions or suits, and not after: and whereas the said recited statute, by force and operation of a certain Act of the General Assembly of these islands, made and passed in the fortieth year of the reign of His late Majesty King George the Third, entitled, "An Act to declare how much of the laws of England are practicable within the Bahama Islands, and ought to be in force within the same," has been recognized, and is now esteemed, used, accepted, and received as one of the laws of these islands; and whereas, various questions have arisen in actions grounded on simple contract, as to the proof and effect of acknowledgment and promises offered in evidence for the purpose of taking cases out of the operation of the said recited enactment, and it is expedient to prevent such questions, and to make provisions for giving effect to the said enactment, and to the intention thereof; May it, &c., That in actions of debt, or on Verbal prothe case grounded upon any simple contract, no acknowledgment or promise, by words only, shall be deemed sufficient evidence in of the Courts of these islands, of a new or continuing contract, whereby to take any case out of the operation of the said enactment, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby; and that where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor, or administrator, shall lose the benefit of the said enactment, so as to be chargeable in any respect, or by reason only of any written acknowledgment or promise, made and signed by any other or others of them: Provided always, that nothing herein contained shall alter, or take away, or lessen, the effect of any payment of principal or interest, made by any person whatsoever: Provided Proviso realso, that in actions to be commenced against two or more such specting Joint joint contractors, or executors, or administrators, if it shall appear at the trial, or otherwise, that the plaintiff, though barred by the any mise not suffi cient evidence of the continuance of any contract. Contractors. No. 1. Act 10 G. 4, c. 8. Proceedings when any defendant shall plead that any other party ought to be jointly sued. No indorsement by the party to whom payment is made, to operate against said Statute. Said Statute and this Act,' applicable to any debt, &c., by way of set-off. Verbal promise made after full age, of payment of debts contracted during infancy, not binding. No person shall be charged by reason of any verbal representation regarding the credit of another. No. 2. Act 3 Vic. c. 33. said recited Act, as to one or more of such joint contractors, or executors or administrators, shall, nevertheless, be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given, and costs allowed for the plaintiff, as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff. II. That if any defendant or defendants in any action on any simple contract, shall plead any matter in abatement, to the effect that any other person or persons ought to be jointly sued, and issue be joined on such plea, and it shall appear at the trial that the action could not, by reason of the said recited Act, be maintained against the other person or persons named in such plea, or any of them, the issue joined in such plea, shall be found against the party pleading the same. III. That no endorsement or memorandum of any payment, written or made, after the time appointed for this Act to take effect, upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of the said statute. IV. That the said recited Act, and this Act, shall be deemed and taken to apply to the case of any debt or simple contract alleged by way of set-off, on the part of any defendant, either by plea, notice, or otherwise. V. That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age, of any promise or simple contract made during infancy, unless such promise or ratification shall be made by some writing, signed by the party to be charged therewith. VI. That no action shall be brought whereby to charge any person upon, or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings, of any other person, to the intent or purpose that such other person may obtain credit, money, or goods thereupon, unless such representation or assurance be made in writing, signed by the party to be charged therewith. VII. Commencement of Act, 1st January, 1831. No. 2.-3 Vic. ch. 33. An Act to extend to these Islands the Act Enacts:-"That from and after the passing thereof, the above mentioned Act of Parliament shall be in force within these islands, with the following provisos; Provided, however, that the 1st, 7th, 15th, 16th, 17th, 18th, 19th, 20th, 22nd, 36th, 42nd, 43rd, 44th, and 45th clauses of the aforesaid Act, not being applicable to the Turks and Caicos Islands, shall not be in force therein Provided also, that no person, being within any part of the said islands, shall be deemed or taken to be beyond scas, for any purpose mentioned in the said above-mentioned Act.” |