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colonies of British Guiana, Trinidad and St. Lucia, or for any two of them, by a proclamation to be by them issued in His Majesty's name in the said respective colonies, to suspend the execution of the said Order of the 23d day of April 1831, and the same shall thereupon be and remain suspended, until His Majesty's further pleasure shall be signified to the said respective Governors.

And it is further ordered, that during any such suspension of the said Order of the 23d day of April 1831, and no longer, the rules, orders and regulations hereinafter made and contained shall be observed in the administration of justice in the said respective colonies; that is to say, in the first place, it is ordered, that henceforth the Court of Criminal and Civil Justice of Demerara and Essequibo, and the Court of Civil Justice, and the Court of Criminal Justice of Berbice, shall henceforth be holden by and before three Judges and no more; and that the first or presiding Judge of the said Court shall be called and bear the style and title of Chief Justice of British Guiana, and that the second and third of such Judges shall be called and bear the respective styles and titles of first Puisne Judge and Second Puisne Judge of British Guiana.

And it is further ordered, that the Court for the trial of criminal prosecutions, and the Court of First Instance of Civil Jurisdiction in the island of Trinidad, shall henceforth be holden by and before three Judges and no more; and that the first or presiding Judge of the said Court shall be called and bear the style and title of Chief Justice of Trinidad, and that the second and third of such Judges shall be called and bear the respective styles and titles of First Puisne Judge and Second Puisne Judge of Trinidad.

And it is further ordered, that the Royal Court of St. Lucia shall henceforth be holden by and before three Judges and no more ; and that the first or presiding Judge of the said Court shall be called and bear the style and title of Chief Justice of St. Lucia, and that the second and third of such Judges shall be called and bear the respective styles and titles of First Puisne Judge and Second Puisne Judge of St. Lucia.

And it is further ordered, that whenever and so often as the office of any Chief Justice or Puisne Judge of any of the said colonies shall become vacant by the death, absence, incapacity, resignation, suspension or removal of any such Chief Justice or Judge, the Governor of such colony for the time being shall be and is hereby authorized to supply and fill up such vacancy by the appointment of some proper person, by a commission under the public seal of such colony, which commission shall be made to continue in force only until His Majesty's pleasure shall be known.

And it is hereby further ordered, that none of the said Judges of any of the colonies aforesaid shall be the owner of any slave, or shall have any share or interest in, or any mortgage or security upon any slave, or shall be proprietor of, or have any share or interest in, or mortgage or security upon any

land cultivated by the labour of slaves, or shall be or act as the manager, overseer, agent or attorney of, for, or upon any plantation or estate cultivated wholly or in part by the labour of slaves. Provided nevertheless, that nothing herein contained shall prevent any

such Judge from acquiring any such property or interest as aforesaid under any legal process, for the recovery of any debt or demand, or by testamentary or other succession, inheritance, donation or other involuntary title, but all such property or interest as aforesaid which any such Judge may so acquire, shall within one calendar month next after the acquisition thereof be by him communicated to the Governor of the colony, and shall be alienated and disposed of within six calendar months, unless His Majesty shall in any case be pleased to grant to any such Judge a longer period for effecting any such alienation or disposal thereof.

And it is further ordered, that in each of the said Courts respectively; the said three Judges of the said respective colonies shall in all civil cases have possess, exercise' and enjoy such and the same jurisdiction, powers and authority in every respect as the Judges of the said Courts have heretofore lawfully possessed, exercised or enjoyed; and that the decision of the majority of such three Judges shall in all civil cases at any time depending in the said respective Courts, be taken and adjudged to be, and shall be recorded as the judgment of the whole of such Court. And it is further ordered, that upon the trial of any person or persons in any

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of the said Courts respectively for any crime or offence, three Assessors shall be associated to the said three Judges, in the manner hereinafter provided for, which Assessors shall be entitled to deliberate and vote with such Judges upon the final judgment to be pronounced in every such criminal case, or no person shall be convicted of any crime or offence, or adjudged to suffer any punishment by any judgment or sentence of any of the said Courts, unless a majority of the total number of such Judges and Assessors shall in open Court vote in favour of such judgment or sentence.

And it is further ordered, that in each of the said Courts the said three Judges and Assessors shall in all criminal cases have, possess, exercise and enjoy such and the same jurisdiction, powers and authority in every respect as the Judges of the said Courts respectively have heretofore lawfully possessed, exercised and enjoyed, and that the decision of the majority of the total number of such Judges and Assessors shall in all criminal cases at any time depending in any of the said Courts, be taken and adjudged to be and shall be recorded as the judgment of the whole Court.

And it is further ordered, that it shall be lawful for the Judges of any of the said Courts respectively to reserve the consideration of any question of law arising upon any such criminal trial as aforesaid, and to make order for the suspension or arrest of the judgment or sentence of the Court, until the decision of such question of law, which shall be adjudged and decided by such Judges alone, and without the concurrence, or interference of such Assessors therein.

And it is hereby further ordered, that the Assessors of the said Courts in Demerara and Berbice shall be chosen and appointed in such and the same manner as the members of the Court of Civil and Criminal Justice of Demerara have heretofore been chosen and appointed; and that the Assessors of the said Court for the trial of criminal prosecutions in Trinidad shall be chosen and appointed from and out of the members of the Cabildo of the town of Port of Spain in the said island ; and that the assessors of the said Royal Court of St. Lucia shall be chosen and appointed in such and the same manner as the members of that Court, other than the First President, have heretofore been chosen and appointed.

And it is hereby further ordered, that none of the Judges of either of the said Courts shall be liable to challenge or recusation in or upon any action, suit or proceeding, civil or criminal, but that such Assessors shall be liable to be challenged on such and the like grounds as may be alleged as lawful ground of challenge against any petit juror impannelled for the trial of any indictment in England, and the validity of every such challenge shall be decided by the Judges presiding at any such trial, without the concurrence or interference of the Assessors, or any of them.

And it is further ordered, that it shall and may be lawful for the Judges of the said Courts respectively, and they are hereby authorized and required to make, ordain and establish a Tariff or Table of Fees, to be had, taken, allowed and paid by the suitors in the said respective Courts, for and in respect of every sentence, judgment, order and proceeding which may be pronounced, made or had in any suit or action depending therein, or which may or shall be paid or payable to any of the officers of the said Courts respectively, or to any advocate, barrister, solicitor, attorney, proctor or notary or other practitioner of the law therein, and which Tariff or Table of Fees shall, by the Chief Justice of each of the said Courts respectively, be transmitted to the Governor for the time being of the colony to which such Court may belong; and any such Tariff or Table being ratified and confirmed by any ordinance to be for that purpose made by the Governor and Court of Policy of British Guiana or by the Governor, with the advice and consent of the Council of Government in the said colonies of Trinidad or St. Lucia, shall be binding upon all persons interested therein; and all persons receiving any greater or higher or other fee or reward than shall by any such Tariff or Table be allowed, shall be liable to refund the same by such summary process or proceeding as shall seem good to the said Courts respectively in that behalf.

And it is further ordered, that it shall and may be lawful for the said Governor and Court of Policy of British Guiana, and for the Governors of Trinidad and St. Lucia respectively, with the advice and consent of the respective Councils of Government thereof, by any ordinances to be by them for that purpose made, to prescribe the form and manner of proceeding to be

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observed in the said respective Courts for the prosecution and trial therein of all persons charged with the commission of any crimes and offences cognizable within the said Courts respectively: provided nevertheless, that every such ordinance shall be transmitted for His Majesty's approbation in the manner required by law in reference to all ordinances passed and enacted in the said respective colonies.

And it is further ordered, that it shall and may be lawful for the Judges of the said Courts respectively, and they are hereby authorized and required to make and establish such rules, orders and regulations as to them shall seem meet, touching the distribution of the business of the said Courts between the respective Judges thereof, and concerning the forms and manner of proceeding to be observed in the said Courts respectively, and the practice and pleadings in all civil actions and other civil matters to be therein brought, and concerning the process of the said Courts and the mode of executing the same, and concerning the admission of advocates, barristers, attornies, solicitors, notaries and proctors in the said Courts respectively; all which rules, orders and regulations shall be framed in such a manner as to promote as far as may be economy, method and expedition in the dispatch of the business of the said Courts respectively; and the same shall be drawn up in plain, succinct and compendious terms, avoiding all unnecessary repetitions and obscurity, and shall be promulgated in the most public and authentic manner in the colonies to which the same may respectively refer, for 14 days at the least before the same shall be binding and take effect therein.

Provided always, and it is further ordered, that no such rules, orders or regulations as aforesaid be repugnant to this present order, and that the same be forthwith transmitted under the seals of such respective Courts to the respective governors of the said colonies respectively, to be by them transmitted to His Majesty for his approbation or disallowance.

And whereas there are established within the said colonies or some of them, Courts having jurisdiction in civil cases of small amount, and in cases of breaches of the peace and other petty offences, and it is expedient that provision be made for the better administration of justice in such Courts; it is therefore hereby ordered, that no Court within any of the said colonies other than the Supreme Courts hereinbefore mentioned, shall be competent to hold jurisdiction in

any civil case in which the sum or matter in dispute shall exceed the amount or value of 201. sterling money, or in which the right of any alleged slave to his or her freedom, or the title to any lands or tenements, or any fee, duty or office, or His Majesty's Royal Prerogative may be in question, or whereby rights in future may be bound ; and that no Court within any of the said colonies, other than the Supreme Courts aforesaid, shall be competent to hold jurisdiction in any criminal case wherein any person shall be accused of any crime punishable by death, transportation or banishment; and that it shall not be lawful for any Court in any of the said colonies, other than the Supreme Courts aforesaid, to inflict any greater or other punishment than imprisonment, with or without hard labour, for a term not exceeding three months, or fine not exceeding 201., or whipping not exceeding 39 stripes, or any two or more of such kind of punishments together within the limits aforesaid.

And it is further ordered, that it shall be lawful for the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, and for the Governors of Trinidad and St. Lucia, with the advice and consent of the respective Councils of Government thereof, to establish, constitute and erect within the said respective colonies, inferior Courts having jurisdiction in civil and criminal cases within the limits aforesaid, and for that purpose to abolish any such inferior Courts as may be now existing therein, or to modify the constitution of such Courts as may be found expedient.

And it is further ordered, that the Judges of the said Supreme Courts of the said colonies respectively shall be and they are hereby authorized to make, ordain and establish all necessary rules, orders and regulations respecting the manner and form of proceeding to be observed in the said inferior Courts, and respecting the manner and form of carrying the judgments and orders of such Courts into execution, with all such other rules, orders and regulations as may

be necessary for giving full and perfect effect to the jurisdiction of such Courts respectively, and such rules, orders and regulations from time to time to revoke, alter and renew as occasion may require ; provided always, that all such rules,

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orders and regulations as aforesaid shall be promulgated, and shall be transmitted to His Majesty for His approbation or disallowance, in the manner hereinbefore directed and required with respect to the rules, orders and regulations of the said Supreme Courts.

And it is further ordered, that the office of Father-General of Minors, and the office of Defender of the Absent, and the office of Depositario-General, as at present existing in the island of Trinidad, shall be and the same are hereby respectively abolished; and that the office of Taxador, and the office of Judicial Referee, Liquidator and Partidor, as at present existing in the said island, shall be and the same are hereby consolidated, and shall constitute one office. -

And it is further ordered, that the offices of Curateurs aux Successions
Vacantes, and Regisseur des Biens des Absens, as at present existing in Sț:
Lucia, shall be and the same are hereby abolished.

And whereas various jurisdictions have heretofore been exercised by certain Courts in the island of Trinidad, which by reason of the changes hereby introduced into the administration of justice there, it is no longer necessary to retain; it is therefore hereby ordered, that the several Courts or Tribunals following, that is to say, the “Court of Criminal Inquiry,” the “ Tribunal of Appeal, in all cases of condemnation to death," the " Superior Tribunal of Appeal of Civil Jurisdiction," the “ Tribunal of the Royal Audiencia,” and all offices in and connected with the said Courts respectively, shall be and the same are hereby respectively abolished.

And it is further ordered, that the Court of Sénéchaussée, in the island of St. Lucia, and all offices in and connected with that Court, shall be and the same are hereby abolished; and that the Royal Court of the said island shall henceforth have an original jurisdiction in all causes arising within the said island, in such and the same manner and to such and the same extent as such original jurisdiction was heretofore vested in the said Court of Sénéchaussée.

And it is hereby further ordered, that it shall and may be lawful for any person or persons, being a party or parties to any civil suit or action depending in the said Court of Civil and Criminal Justice of Demerara and Essequibo, or in the said Court of Civil Justice of Berbice, or in the said Court of First Instance of Civil Jurisdiction of Trinidad, or in the said Royal Court of St. Lucia, to appeal to His Majesty, His heirs and successors, in His or their Privy Council, against any final judgment, decree or sentence, or against any rule or order made in any such civil suit or action, and having the effect of a final or definitive sentence, and which appeals shall be made subject to the rules and limitations following: that is to say,

First, Such judgment, decree, order or sentence shall be given or pronounced for or in respect of a sum or matter at issue above the amount or value of 500 l. sterling, or shall involve directly or indirectly the title to property, or to some' civil right, amounting to or of the value of 500l. sterling, or shall determine or affect the right of some alleged slave to his or her freedom :

Secondly, The person or persons feeling aggrieved by such judgment, decree, order or sentence, shall, within 14 days next after the same shall have been pronounced, made or given, apply to the Court by petition for leave to appeal therefrom to His Majesty, His heirs and successors, in His or their Privy Council :

Thirdly, if such leave to appeal shall be prayed by the party or parties who is or are adjudged to pay any sum of money or to perform any duty, the Court shall direct that the judgment, decree or sentence appealed from shall be carried into execution if the party or parties respondent shall give security for the immediate performance of any judgment or sentence which may be pronounced or made by His Majesty, His heirs and successors, in His or their Privy Council, upon any such appeal, and until such security be given, the execution of the judgment, decree, order or sentence appealed from shall be stayed:

Fourthly, Provided nevertheless, that if the party or parties appellant shall establish to the satisfaction of the Court, that real and substantial justice requires that pending such appeal execution should be stayed, it shall be lawful for such Courts to order the execution of such judgment, decree, order or sentence, to be suspended pending such appeal, if the party or parties appellant shall give security for the immediate performance of any judgment

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or sentence which may be pronounced or made by His Majesty, His heirs and successors, in His or their Privy Council, upon any such appeal :

Fifthly, In all cases security shall also be given by the party or parties appellant for the prosecution of the appeal, and for the payment of all such costs as may be awarded by His Majesty, His heirs and successors, to the party or parties respondent:

Sixthly, The Court from which any such appeal as aforesaid shall be brought shall, subject to the conditions hereinafter mentioned, determine the nature, amount and sufficiency of the several securities so to be taken as aforesaid :

Seventhly, Provided nevertheless, that in any case where the subject of litigation shall consist of immoveable property, or of any slaves, stock, utensils or implements, held therewith or attached thereto, and the judgment, decree, order or sentence appealed from shall not charge, affect or relate to the actual occupation thereof, no security shall be demanded either from the party or parties respondent, or from the party or parties appellant, for the performance of the judgment or sentence to be pronounced or made upon such appeal; but if such judgment, decree, order or sentence, shall charge, affect or relate to the occupation of any such property, then such security shall not be of greater amount than may be necessary to secure the restitution, free from all damage or loss, of such stock, utensils or implements, or of the intermediate profit which, pending any such appeal, may probably accrue from the intermediate occupation of such property; and each of the said Courts is hereby authorized and required to sequestrate any such immoveable property, slaves, stock, utensils and implements, in order still further to reduce the amount of such security, if the party or parties by whom such security is to be given shall make application to such Court for that purpose, and the other party or parties shall not show good cause to the contrary :

Eighthly, In any case where the subject of litigation shall consist of money or other chattels, or of any personal debt or demand, the security to be demanded either from the party or parties respondent, or from the party or parties appellant, for the performance of the judgment or sentence to be pronounced or made upon such appeal, shall be either a bond to be entered into in the amount or value of such subject of litigation by one or more sufficient surety or sureties, or such security shall be given by way of' mortgage or voluntary condemnation of or upon some immoveable property or slaves situate and being within such colony, and being of the full value of such subject of litigation, over and above the amount of all mortgages and charges of whatever nature upon or affecting the same :

Ninthly, In any case where the subject of litigation shall be the right of any alleged slave to his or her freedom, the amount of the security for the performance of the judgment or sentence to be pronounced and made upon any such appeal, shall in no case exceed the pecuniary value of such alleged slave, and shall be given either by such surety or sureties, or by such mortgage or voluntary condemnation as aforesaid:

Tenth, The security to be given by the party or parties appellant for the prosecution of the appeal and for the payment of costs, shall in no case exceed the sum of 300l. sterling, and shall be given either by such surety or sureties, or by such mortgage or voluntary condemnation as aforesaid :

Eleventh, If the security to be given by the party or parties appellant for the prosecution of the appeal and for the payment of such costs as may be awarded, shall, in manner aforesaid, be completed within three months from the date of the petition for leave to appeal, then, and not otherwise, the Court from which such appeal is brought shall make an order allowing such appeal, and the party or parties appellant shall be at liberty to prefer and prosecute his, her or their appeal to His Majesty, His heirs and successors, in His or their Privy Council, in such manner and under such rules as are observed in appeals made to His Majesty in Council from the plantations or colonies :

Twelfth, Provided nevertheless, that any person or persons feeling aggrieved by any order which may be made by, or by any proceeding of any of the said Courts respecting the security to be taken upon any such appeal as aforesaid, shall be and is hereby authorized, by petition to His Majesty in Council, to apply for redress in the premises.

Provided always, and it is hereby further ordered, that nothing herein contained doth or shall extend or be construed to extend to take away or abridge

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