The Courts and Their Jurisdiction

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 he 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

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 shal's office. 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

7 VIC. c. 55. Island Act.

1844.

Writs to be returned

Common

Pleas.

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 hereinbefore 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.

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

clerk of

taxed by 4. The costs occasioned by the transfer of the execution of Supreme 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 herein

levied with

before 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 7 Vic. 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 subpoattested 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

over £20

Court.

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 to Su 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, so removed

Judgments

1844.

8 VIC. c. 48. tenements, or hereditaments, as to purchasers, mortgages, or Island Act. creditors any farther than the same would have done if the same had remained a judgment of such court of common pleas, unless lands, &c., and until a writ thereon shall be actually put in the hands of the provost-marshal-general or other officer appointed to execute the same.

not to affect

until writ

issued.

14 VIC. c. 49. Island Act.

1851.

Joint con

14 VIC. c. 49.] An act explanatory of and to extend the benefits of the sixth clause of an act 33 Car. II. c. 23 (ante).

ISLD. [May 23, 1851.]

14 Vic. c. 49, sec. 1.] Whereas difficulties have arisen to suitors, in the several courts of common pleas of this island, in consequence of the construction given to the sixth section of an act, 33 CAR. II. c. 23 (ante), for remedy whereof, Be it declared and enacted, That any cause of action at present within the jurisdiction of the several courts of common pleas may be brought, and maintained, and carried to final judgment, and execution, in any of the said courts of common pleas of this out of the island, by, or in the names of, several joint contractors, although of the court. any one, or more, but not all, of such joint contractors, being plaintiffs, shall reside out of the jurisdiction of the said court.

tractor may bring an action,

though his

co-contractors reside

jurisdiction

Notwith

standing the absence of one or the

whole of

contractors,

may be

2. Notwithstanding the absence, from this island, of any sole contractor, or of the whole of several joint contractors, any such action, as aforesaid, may be brought, maintained, and carried to several joint final judgment, and execution, in any court of common pleas of an action this island, where the cause of action shall have arisen within maintained, the jurisdiction of the said court, by, or in the name or names provided the of, such absent sole contractor, or of all such absent joint conrepresented tractors: Provided always, That such plaintiff or plaintiffs be represented by some person or persons in this island, authorized to sue in his or their behalf, by power, on record in the office of the secretary of this island, and, who shall authorize the institution and prosecution of the said suit, or action.

plaintiffs are

by attorney to sue.

Defendant

security.

3. The said court of common pleas may, on application of the may require defendant or defendants in any such action, require the attorney or attornies of such absent plaintiff or plaintiffs to give security to the said defendant or defendants for the costs of the said action.

10 ANNE

c. 4.

Island Act.

1711.

Fees of court.

ISLD. [May 19, 1711.]

10 ANNE, c. 4.] An act for regulating fees.

10 Anne, c. 4, sec. 10.] The fees of the inferior court shall be: