VOL. LXXXIV.
WKHEWARD ISLANDS
GAZETTE.
| Published by Authority.
THURSDAY, 238rp FEBRUARY, 1956. No.
10.
* general
information that His Excellency the
Governor has issued a Commission
to the Hon. P. D. MACDONALD,
C.M.G., appointing him to be
Governor’s Deputy during his
absence from Antigua whilst visiting
the Virgin Islands from the 24th
February to the 2nd March, 1956.
The Secretariat,
Antigua.
7th February, 1956.
13/00283
The Commissioner of the Virgin
Islands has appointed, under section 3
of the Midwives Ordinance, 1953
(No. 11 of 1953), Dr. Q. WILLIAM
OSBORNE, Medical Officer and Miss
A. ADINA DONOVAN, Charge Nurse,
Cottage Hospital, to be members of
the Midwives Board of the Virgin
Islands in place of Miss ANGELICA
SCATCLIFFE and Nurse P. ABBOTT
who have resigned their appointments.
The Secretartat,
Antigua.
_ 16th February, 1956.
Ref. No. 51/00089.
The Commissioner of Montserrat
has made the following appointment
under section 3 of the Marriage
Ordinance, 1921, (Montserrat No. 6
of 1921):—
The Reverend FRANK H. READER
to be a Marriage. Officer with
effect from the 8th February,
1956.
It is notified for general informa-
tion, chat with the approval of His
~ Honour the Commissioner of Mont-
serrat, pursuant to Section 4 (2) of the
Vehicles and Road Traffic Ordinance,
19351 (No. 4 of 1951), [hereby appoint
No. 314, Sgt. PHILP—N. E., to be
Examining Officer for the Presidency
of Montserrat with effect from the
Ist March, 1956, in place of No. 163,
P.C. WALTER—G. A.
W. S. SOUTHWELL,
Travic Commissioner.
Police Headquarters,
Plymouth, Montserrat,
14th oe 1956.
2r8 729
yer
No. 20.
Appointments and transfers e¢te.,
in the public service, with effect from
the dates stated, are published for
general information :—
ROBERTS. C.8., Economic and Finan-
cial Adviser, Leeward Islands, to
act as Colonial Secretary with effect
from the 21st tothe 23rd February,
1956, during the absence of the
Hon. P. D. MACDONALD, C.M.G.,
whilst paying an official visit to
St. Kitts.
Ref. No. P.F. 574.
No. 21.
The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exercised in respect of the
undermentioned Ordinances:—
Antigua.
No. 18 of 1951, *The Licensing
Act (Amendment) Ordinauce, 1954.â€
Montserrat,
No.5 of 1955 “The Registration
of Clubs Ordinance, 1955.â€
No. 22. —
The following Statutory Rules and
Orders are circulated with this Gazette
and form part thereof:—
General Government.
No.7 of 1956, ‘“*The Magistrate’s
Code of Procedure Rules, 1956.â€
127 pp. Price $1.32
No. 8 of 1956, “The Magistrate’s
Code of Procedure (Crown Proceed-
ings) Rules, 1956.â€
7 pp. Price 10 cents,
Flour—Removal of Price
Control
1. The Government of Antigua
has decided to discontinue the bulk
purchasing and price control of flour
and to allow the importation and
distribution of this commodity to
revert to private commercial channels,
subject only to the requirements of
currency control.
2. Order No. Ll of 1956, Defence
Regulations, J939, giving effect to the
above decision was made by the
Competent Authority on 4th Febru-
ary, 1956, and is being published
concurrently with this Press Release.
3. The position following de-
control will be very closely watched
and should there be any increase in
the price, or deterioration in the
quality of fiour, the matter will be
re-examined with a view towards the
reimpositien of controls
Ministry for Trade & Production,
St. John’s,
Antigua.
14th February, 195¢.
Ref. No. T. P. 4C/18—III.
ORDER OF COMPETENT
AUTHORITY
order made by the Competent
Authority for the Presidency
of Antigua under Regulation
50 of the Defence Regula-
tions, 1989, as having effect
by virtue of the Supplies and
Services (Transitional
Powers) Act. 1945, the Sup-
plies and Services (Transi-
tional Powers) (Colonies etc.)
Order in Counce:1, 1946, (Imp.).
the Supplies and Services
(Transitional Powers) Order,
1946, and Services (Contin-
uance) Order, 1955.
No. 1 of 1956.
DEFENCE REGULATIONS,
19389.
1. SHorT TITLE. This Order
may be cited as the Control of Prices
(Amendment No. 1) 1955, and shall
be read together with the Coutrol of
Prices Order, 1944 (No. 9 of 1944), as
amended, hereinafter referred to as
the Principal Orcer.
2. AMENDMENT. List “A†of
Part I of the Schedule to the Princi-
pal Order is hereby amended by the
deletion of item 3.
Dated the 4th day of February,
1956.
ALEC LOVELACH,
Administrator.
Competent Authority.
Ref. No. T.P. 40/18—III.
It is hereby notified for general
iuformation that in accordance with
Financial Instructions 170 (a) all
persons who have not received com-
pensation or costs in respect of cases
adjudicated before the Ist January,
1956 and which compensation or
costs are in the custody of the
Magistrate, shonld apply to the
Magistrate’s Office BEFORE the 31st
May, 1956, failing which these
amounts will be credited to revenne.
DESMOND A. MCNAMARA,
Magistrate.
6th February, 1956.
42
Tenders are invited for the supply
of the undermentioned items to
Government departments in Antigua
for the period 15th April to 31st
December, 1956.
All tenders must be addressed to
the Administrator of Antigua in
sealed envelopes inarked ‘ Tender for
the Supply of Petrol and diesel oil
and lubricating oil’ and delivered to
the Administrator’s Office not later
than 12 o’clock on Saturday the 31st
day of March, 1956.
Government does not bind itself to
accept the lowest or any tender:—
Petrol
Diesel oil
Lubricating oil.
Administrator's Office,
St. John’s,
Antigua,
14th Febuary, 1956.
Ref. No. A. 41/36.
TRADI MARKS OFFICE,
ANTIGUA, 13th February, 1956.
CREAM OF WHEAT (CANADA)
LTD., of 312 Chambers Street, Win-
nipeg, Manitoba, CANADA, have
applied for Registration of one Trade
Mark consisting of the following:—
in Class 42 that is to say: Cereal
foods.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods since Ist
October, 1938, before the date of their
said Application.
Any person may within three
months from the date of the
first appearance of this Advertise-
ment in the ‘Leeward Islands
Gazette,†give notice in duplicate at
the Trade Marks Office, Antigua, of
Opposition to registration of the said
Trade Mark.
CECIL O. BYRON,
Acting Registrar of Trade Marks.
THE LEEWARD ISLANDS GAZETTE.
TRADE MARKS OFFICE,
ANTIGUA, 9th February, 1956.
ASAHI KASEI KOGYO KABU-
SHIKI KAISHA of 1, Soze-cho,
Kita-Ku, Osaka, Japan, have applied
for Registration of one Trade Mark
consisting of the following:—
ASAHI BEMBERG
in Class 50 that is to say:—‘ Artifi-
cial Silk yarns, threads and fabricsâ€.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for seven
months before the date of their said
Application.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the “ Leeward Islands Gazette,†give
notice in duplicate at the Trade Marks
Office, Antigua, of opposition to regis-
tration of the said Trade Mark.
CECIL O. BYRON,
Acting Registrar of Trade Marks.
TRADE MARKS OFFICE,
ANTIGUA, 9th February, 1956.
CREAM OF WHEAT (CANADA)
LTD of 312 Chambers Street, Wini-
peg, Manitoba, Canada, have applied
for Registration of one Trade Mark
consisting of the following:—
in Class 42 that is to say:—Cereal
foods.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods since 15th
July, 1925 before the date of their
said Application.
Any person may within three
months from the date of the first
appearance of this Advertisement
in the ‘“‘ Leeward Islands Gazette,â€
give notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade Mark.
CEcIL O. BYRON,
Acting Registrar of Trade Marks.
(23 February, 1956.
LEEWARD ISLANDS
The Patents Act, 1906, Cap.
147 Federal Acts.
Acceptance of Complete Specification
In the matter of an application
by HENRY LOUIS IMEL-
MANN of 933 South State Road,
Arlington Heights, State of
Hilinois, © United States of
America, for Letters Patent for
an “Invention for converting
heat direetly to electricity by the
phenomenon of thermoelectri-
cityâ€.
Notice is hereby given that the
complete Specification left with the
above application on the 20th day of
December, 1954, has been saecepted
and that the said application and
specification will be open to public
inspection any time between the
hours of 9.00 a.m. and 3.30 pam. on
all working days except Saturdays
- when the hours will be from 9.00 a.m.
to 12.00 noon.
Any person desiring to oppose the
grant of Letters Patent on the above
application on any of the grounds
allowed by the above cited Act, may
give notice of such opposition in the
prescribed manner at the Registrar’s
Office at any time within three
months from the date of this
advertisement.
CECIL O. BYRON,
Acting Registrar of Patents.
Registrar’s Office,
St, John, Antigua.
Sth February, 1956.
In the Supreme Court of the
Windward Islands and
Leeward Islands.
SAINT CHRISTOPHER CIRCUIT.
ALDE1956:
NOVIGE is hereby given that in
pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Leeward
Islands (Courts) Order -in-Council
1939, and duly approved as therein
provided on the i6th day of October,
A.D. 1941, The Honourable the
Puisne Judge selected for the sitting —
of the Court in the Saint Christopher
Circuit has appointed the day of the
month on which the ensuing Circuit
Court shall sit as follows, that is
to say :—
The Saint Christopher. Circuit on
TURSDAY the 28th day of FEBRU-
ARY, 1956 at 10 o'clock in the
forenoon.
Dated the 4th day of February,
1956.
A. R. M@ADE,
Acting Registrar.
36/00007.
28 February, 1956.]
In the Supreme Court of the
Windward Islands and
Leeward Islands.
MONTSERRAT CIRCUIT.
Circuit Court Notice.
NOTICE IS HEREBY given that
in pursuance of Rules made by the
Chief Justice under Section 16 of the
Windward Islands and Jeeward
Islands Courts Order in Council,
1939, on the 24th day of September,
1941; as amended, the Honourable
the Puisne Judge selected for the
sitting of the Court in the Montserrat
Circuit has appointed the under-
mentioned day on which the ensuing
Circuit shall sit in the Presidency,
that is to say:—
On Monday the 5th day of March,
1956, at 10 o’clock in the forenoon.
J. D. B. RENWICK,
Ag. Registrar, Montserrat Circutt.
Registrar’s Office,
Monterrat,
10th February, 1956.
HARBOUR NOTICE.
BOAT LICENCES
The attention of owners of boats
is drawn to the following provisions
of the Porters, Watermen, and Boats
Licensing Ordinance, 1909, as
cameuded—
1. Within twenty days after the
first day of January in each year
every owner of every drogher,
lighter, flat, boat, or craft of
any description whatever, ply-
ing or engaged in any way at
or about this Island (except such
boats as are carried by registered
vessels) shall apply to the Har-
bour Master for a licence to
possess and use such drogher,
lighter, flat, or craft (Section
14 (1).)
Any person owning or being in
possession of a drogher, light»r,
flat, boat, or craft required to be
licensed under this Ordinance,
and who fails to licence the same
within the time prescribed by
this Ordinance, shall be liable
on summary conviction to a
penalty not exceeding five
pounds besides the amount of
licence imposed by this Ordi-
nance in respect to such drogher,
lighter, flat, boat, or craft (Sec-
tion 29).
2. Every drogher, lighter, flat, boat
or craft licensed as before men-
tioned not being a_ registered
vessel within the meaning of
the Harbour and Roadsteads Act,
1894, shall have the number of
such licence, and the name of the
owner, leyibly painted on the
stern in letters and figures not
less than one and a half inches
in length, and the said stern shall
be bona fide a fix part of the
drogher, lighter, flat, boat or
craft, and not a shifting board
moveable at pleasure; and if any
person shall be employed or
shall ply in any such flat, boat
or craft as a boatman without
having the number of the
licence so thereon painted as
aforesaid he shall forfeit and
pay a penalty not vaceeding ten
shillings (Section 18).
3. If any drogher, lighter, flat,
boat or craft shall, in the opinion
of the owner, become unfit for
use, such owner shall within
twenty days after the first day
of January of the year succeed-
ing that in which such drogher,
lighter, flat, boat or craft became
unfit for use make declaration
before the Harbour Master that
such drogher, lighter, flat, boat,
or craft, in respect to which no
such declaration as aforesaid has
been made or a licence granted
shall be liable on summary
conviction to a@ penally not
exceeding tn pounds (£10).
(Section 80)
Kk. H. BLANCHARD,
Harbour Master.
28th January, 1956.
TRAFFIC NOTICE.
The Vehicles & Road Traffic
Ordinance, 1956.
By virtue of the powers conferred
on me in Section 2 of the Vehicles
and Road Traffie Ordinance 1946
(No. 5 of 1946), I hereby fix the
period hereunder for the lighting of
vehicles.
Until further notice, the lighting
period of vehicles shall be from
6.15 p.m. to 6 a.m.
Dated this 4th day of February,
1956.
K. M. V. JAmMEs, Lt. Col.
Traffic Commissioner.
Applications are invited for the
post of Commissioner for Agriculture,
Dominica, Windward Islands. Parti-
culars of the post are as follows:—
APPOINTMENT: The appointment
will be for a period of three years,
terminable by three months notice on
either side. The post is not pension-
able. Pension contribution will be
paid in the event of secondment.
SALARY: The salary is at the rate
of $7,200 (£1,500) per annum.
THE LEEWARD ISLANDS GAZETTE. 43
ALLOWANCES: Transport and
subsistence allowances are payable in
accordance with local regulations in
respect of approved travel on duty.
At present a basic allowance at the
rate of $300 per annum is paid in
respect of a motor car plus a mileage
allowance of 12c. per mile.
QUARTERS: Free quarters are not
provided. Should Government quar-
ters become available at any time
rental would be charged at the rate
of 10% of salary or 5% of the assessed
value of the quarters, whichever is
less. Suitable accommodation can be
obtained at rental of about 15% of
officer’s salary.
PASSAGES: Free passages to Dom-
inica will be provided on _ first
appointment for the officer, his wife
and children, not exceeding five per-
gonsin all. Children to be under 18
years of age, unmarried and depen-
dant on the officer.
DUTIES: The officer will be
responsible for the Administration of
the Agricultural Department and for
the planning and execution of the
agricultural development programme
as well as the general supervision of
all aspects of the Department’s work.
He will be required to perform the
statutory functions now vested in the
Agricultural Superintendent, inclu-
ding membership of the Board of
Management of the Banana Associa-
tion and of the Leaf Spot Control
Board,
LEAVE: At the end of his term of
service the officer will be eligible for
vacation leave at the rate of one week
for each completed period of 3 months
service.
GENERAL: The officer will be
liable to all taxation imposed by local
enactments. He will also be subject
to Colonial Regulations and to
teneral Orders and subsidiary legis-
lation in force for the time being.
Applications giving full particulars
of applicants, experience and qualifi-
cations, and accompanied by two
testimonials, which would not be
returned, should be addressed to the
Chief Secretary, Windward Islands,
Grenada, and should reach him not
later than the 3lst March, 1956.
Ref. No. © 13/00110
RAINFALL FIGURES.
Centra] Experiment Station,
Antigua.
Month. 1952, 1958. 1934, 1955. 1956,
Jan, 241 193 3.04 2.16 5.15
Feb. 18th 1.51 83 1,98 23 69
3.92 2.76 5.02 2.39 6.8%
44 THE LEEWARD ISLANDS GAZETTE. [23 February, 1956
REGISTRAR’S OFFICE,
ANTIGUA, B.W.L.,
20th February, 1956:
Medical Act, 1937.
Pursuant to Section 23 of the Medical Act, 1937, of the Federal Laws of the Leeward Islands as amended
by the Medical (Amendment) Act of 1948 the following registration is hereby notified:—
MEDICAL PRACTITIONER
Name. Qualification. | Date Registered. [Registration number
| ‘ ae
Silber aC So aioe ce
Dr. William Q. Osborne oe ia | 20th February, 1956; No. 181
CECIL O. BYRON,
Acting Registrar.
ANTIGUA,
Printed at the Government Printing Office, Leeward Islands, by E. M BLAckMAN,
Government Printer.—By Authority.
1956.
[Price $1.48.)
STATUTORY RULES AND ORDERS. ,
1956, No. 7.
Tue Macistratr’s Cope or Procepure Runes, 1956, DATED
DrcemBer 10, 1955, MADE BY THE GOVERNOR IN COUNCIL UNDER
SECTION 259 or THE MacisTRATE’s Copr oF ProcepurE AcT
ee 61).
1. Citation. These Rules may he cited as the Magistrate's
‘Code of Procedure Rules, 1956.
2. Interpretation. In these Rules—
‘““Actâ€â€™ means the Magistrate’s Code of Procedure Act
(Cap. 61);
““Courtâ€â€™ means a Magistrate’s Court;
“prescribed†means prescribed by the Magistrate’s Court .
Fees Rules, 1932 (S. R. & O. 1932 No. 28) or any
Rulos amendin g or substituted for the same;
“Schedule� means the Schedule to these Rules.
3. Register. (1) The register to be kept by the Magistrate
or his clerk in pursuance of section 258 of the Act shall contain such
_ particulars as appear by the form numbered 82 in the Schedule.
(2) A separate register relating to the proceedings of a juvenile
court shall be kept and shal] contain such particulars as appear in
the form numbered 83 in the Schedule.
(3) When a magistrate convicts a person of an offence: he shall
show clearly by the entries in the register relating to the case of
what offence he convicts the defendant; and the date of such offence
shall be stated in the register.
_. {4) When further time is allowed for payment of a fine, an
entry of the further time allowed shall be made either in the column
‘of the register headed “ Time allowed for payment and instalments â€â€™
or ina book kept for recording fines for the payment of which time
has been allowed, and if the Magistrate directs payment to be made
by instalments, an entry shall be made as above to that effect. Such
entries shall be signed and dated by the Magistrate whenever he
allows paneer time or directs, payment by instalments,
2 F.7 4
14578
ee SD
4
4. Plea of Guilty. (1) Im every case in which a person
appears before the Court to answer a charge, information or complaint
which the Magistrate has power to deal with summarily, the
Magistrate, before he convicts such person, shall ask if he pleads
guilty or admits the truth of the charge, information or complaint;
and if he does so an entry of the fact shall be made in the register.
(2) Where a Magistrate tries any person summarily in any case
in which he may be tried summarily only with his consent or in
which he has a right to claim trial by a jury he shall cause to be
entered in the register his election to be tried summarily.
6. Recording Dismissals under Probation of Offend. .
ers Act. When a Magistrate dismisses an information or charge
or binds over an offender under the Probation of Offenders Act
(Cap. 44), the minute of adjudication entered in the register shall be
“ Dismissed [Bound over} P. 0. Act.â€
6. Restriction on Part-Payment. When a term of
imprisonment is imposed by a Magistrate in respect of the non-
payment of any sum adjudged to be paid by « conviction or order of
a Magistrate, no sum tendered in part-payment of that sum need he.
accepted unless it is the amount required to secure one day’s »
reduction of the sentence or some multiple thereof; and when a
warrant of distress or commitment has been issued, no part payment
shall be accepted until the fee, if any, payable for such warrant has
been discharged.
7. Noting Payments on Commitment. When payment —
is made to any person having custody of the defendant, the person ©
receiving it shall forthwith note the receipt thereof on the
commitment.
8. Payment on First Day’s Imprisonment. Where
a term of imprisonment is imposed by a Magistrate in respect of the
non-payment of any sum adjudged to be paid by a conviction or
order of a Magistrate’s court, a person committed to prison or to
detention under section 120 of the Act in default of payment shall
not be entitled to be discharged upon the first day of his imprison-
ment or detention except upon payment in full of the sum in respect
of which the committal took place. e :
9. Allocation of Part-Payments. In any case where
under section 122 of the Act, a part of any sum adjudged to be paid -
by a conviction of a Magistrate has been received by a person
authorised to receive it and paid over in accordance with the said
section of the Act into the Treasury or to the Magistrate or to his
clerk, the clerk shall apply that sum, (firstly) towards the payment ~
§
in full or in part of any costs which the Magistrate may have ordered
by the conviction to be paid to the prosecutor or complainant;
(secondly) towards the payment in full or in part of any damages or
compensation which the Magistrate may have ordered by the
conviction to be paid to the prosecutor or complainant; and (thirdly)
in the-manner in which section 256 of the Act directs that the fine
shall be applied; and in any case where, under the said section, a part
of any sum of money adjudged to be paid by an order of a Magistrate
has been received by a person authorised to receive it, and paid over
in accordance with that section, the clerk shall apply that sum as
directed by the order.
10. Recognizance entered into Separately. When a
defendant has been committed to prison by a Magistrate in default of
- finding sureties, and the sureties afterwards enter into their recogni-
zance separately from the defendant a certificate in the form
numbered 59A in the Schedule shall be sent forthwith by the
Magistrate or other person taking their recognizance to the Superin-
_ tendent or keeper of the said prison that such recognizance has been
entered into; and, if the defendant has already entered into his
recognizance, he shall then be released; and if the defendant has not
already entered into his recognizance, the keeper shall take his
recognizance and discharge him, if held for that cause and no other.
ll. Certificate as to conditions of Recognizance.
When a person appears before a Magistrate, or before any clerk of a
Magistrate, or before a Superintendent of Police or any other officer
of police or constable in charge of any police station for the purpose
_ of entering into a recognizance in pursuance of section 227 of the
Act, before he shall be entitled to enter into such recognizance, he
shall produce, if so required by such Magistrate, clerk of a Magistrate,
Superintendent of Police or any other officer of police or constable, a
certificate in the form numbered 59B in the Schedule, from the clerk
of the Court the Magistrate of which has required the recognizance
or fixed the amount thereof showing the condition of such recognizance
and the amounts in which the principal and sureties are to be bound.
12. Transmission of Recognizance. If a recognizance
of either the principal or the sureties is taken separately by a
Magistrate or person other than the Magistrate who committed the
defendant to prison, the recognizance shall forthwith be forwarded to
the Court which committed the defendant.
18. Mode of Application to vary Order for Sureties.
An application under section 214 of the Act shall be an application
for a summons requiring the complainant to show cause why the
order made on his complaint shall not be varied,
4 o
14. Form of. Security. Any security given under the Act
- by an oral or written acknowledgement shall be in the form of an
undertaking, and may be in the appropriate form in the Schedule.
t
15. Security Book. The Magistrate or his clerk shall keep
a security book, and shall enter therein, with respect to each security
given in relation to any proceedings before the Court, the name and
addresses of each person bound, showing whether he is bound as
principal or as-surety, the sum in which each person is bound, the
undertaking or condition hy which he is bound, the date of the
security, and the person before whom it is taken. When any such
security is not entered into before the Court, or before the clerk of
the Court, the person before whom it is entered into shall make a
return of it, showing the above particulars, to the clerk of the Court.
The security book, and any certified extract therefrom, shall be
evidence of the several matters hereby required to be entered in the -
security book in like manner as if the security book were the register.
16. Notice to Principal of Forfeiture of. Security.
Not less than two clear days before a warrant of distress is issued for a
sum due by a principal in pursuance of a forfeited security under the
Act, the clerk of the Court issuing the warrant shall cause notice of the
forfeiture to be served on the principal. Service of the notice may be
effected either by prepaid letter sent to the address mentioned on the
security, or as service of a summons may be effected under the Act.
17. Particulars of Claim. In civil proceedings the particu-
lars of claim shall, unless embodied in the summons, be annexed to and, ©
if so annexed, shall be deemed part of the summons. :
18. Judgment by Confession. (1) In all civil proceedings, -
judgment by confession, or by consent of parties, may be entered at any _
time, and in every such case a memorandum of such confession or.
consent, and of the particulars of the judgment to be entered, shall be
signed by the party or parties, or their solicitors, in the presence of the
Magistrate or Magistrate’s clerk, and filed in the Court.
- (2) When: judgment by confession, or by consent of parties, «is.
entered under this rule, no hearing fee shall be chargeable and the
plaintiff shall recover his costs of suit according to the prescribed scale of
fees, unless otherwise agreed between the parties.
19. Hearing Fee. The prescribed hearing fee shall be paid by
the plaintiff, prior to the commencement ‘of the hearing of all civil
proceedings where judgment has not been entered by confession, or
consent, ;
5
20. Interpreter’s Fees. (1) In all civil proceedings where
evidence in any language other than English is introduced during the
hearing of the proceedings, by any of the parties or their witnesses, the
prescribed court interpreter’s fee shall be payable.
~ (2) Such fee shall be payable by the party to the action in whose
interest such evidence may be adduced.
(3) Such fee shall be payable in respect of the services of the official ©
court interpreter only:
_. Provided that the Magistrate may order costs (not exceeding
twenty-four dollars as specified in section 160 of the Act) where the
services of special unofficial interpreters are engaged during the hearing
of any civil proceedings.
(4) Such fees shall not form part of the personal emoluments of the
court interpreter, but shull be paid into the Treasury of the Presidency
_ wherein they are collected.
21. Judgment Summons. An order for commitment under
section 163 of the Act shall not be made unless a summons in the form
numbered 40 in the Schedule (hereinafter called a judgment summons),
or, if the judgment debtor has made default in payment of any
instalment of a judgment debt payable-in pursuance of an order of the
Magistrate, a summons in the form numbered 41A in the Schedule
(hereinafter called a summons to a defaulting debtor) has been served on
the judgment debtor.
: 22. Service of Judgment Summons and Summons
to defaulting debtor. _A judgment summons or summons to a
defaulting debtor shall whenever it is practicable, be served personally
on:the judgment debtor or defaulting debtor, as the case may be, but if
_ it is made to appear on oath to the Court that prompt personal service is
for any reason impracticable, the Court may make such order for
substituted or other service as the Court may think just.
_ 23. Issue and proof of Service of Judgment Sum-
Mons. A judgment summons*may issue although no execution has
been applied for, and its service where made out of the jurisdiction of the
Court issuing the summons, may be proved by affidavit or solemn
declaration.
; 24. Time of Service. A judgment summons or summons toa
‘defaulting debtor shall be served not less than two clear days before the
day on which the judgment debtor or defaulting debtor, us the case may.
be, is required to appear,
—
segue eee Th cy yeorits
6 <
95. Adjournment and Suspension. On the hearing of a
judgment summons the Magistrate may adjourn the same from time to
time either unconditionally or on such conditions as to payment of the |
judgment debt immediately or at such times as he may order, and in the
event of his making a commitment order may direct the issue of the same
to be suspended for such time as he shall think fit, but such order of
suspension though minuted shall not appear on the face of the order of
commitment.
26. Witnesses on Judgment Summons. Any witness
may be summoned to prove the means of the judgment debtor whether
on the hearing of a judgment summons or on an application for the
variation of an order of commitment in the same manner as witnesses
are summoned to give evidence on the hearing or a complaint.
97, Variation of Order. (1) Where an order of commitment
after proof of means and ability to pay has been made for the payment
~ of u judgment debt and costs, or by instalments and it appears to the
satisfaction of the Magistrate that the judgment debtor liable under the |
order of commitment is unable to pay the sum ordered to be paid at the
time or by the instalments ordered, he may, on the application of such
judgment debtor made on complaint served on the judgment creditor
seven days at least before the hearing of the application, order the
amount due and unpaid under the order of commitment to be paid by
instalments, or, ifalready payable by instalments by smaller instalments,
and may from time to time vary such order.
(2) In like manner, if it happens to the satisfaction of the Magistrate
that the judgment debtor liable under such order of commitment is able
to pay the sum ordered to be paid either in one sum or by larger
instalments than those ordered he may on the application of the judgment
creditor made on the like complaint served on the judgment debtor, order
the amount due and unpaid to be paid in one sum, or by larger
instalments than those previously ordered, and may from time to time
vary such order. |
28. Date of order of Commitment. An order of
commitment made under section 163 of the Act, shall, on whatever day
it is issued, bear the date of the day on which it was made.
29. Payment of Debt after Commitment. When an
order for commitment is made the judgment debtor may at any time pay
the amount due by him (including the costs, if any, of conveying him to
prison) to the bailiff, or the Superintendent or keeper of the prison,
holding the order, who shall forthwith pay over the sums so received by
him to the Magistrate or the Magistrate’s clerk, or such sums as aforesaid °
may be paid to the Magistrate or the Magistrate's clerk, who shall in each
of the before mentioned cases sign a certificate of the payment.
>
;
30. Release of Judgment Debtor. Where the bailiff, or
the Superintendent or keeper of the prison, holding the order receives
payment as aforesaid or receives such certificate as aforesaid, the
judgment debtor shall be forthwith released by him.
31. Costs of Judgment Creditor in enforcing Order.
All costs incurred by the judgment creditor in endeavouring to enforce
an order shall, unless the Court shall otherwise order, be deemed to be
due in pursuance of the order, as if it were made under section 5 of the
Debtors Act (Cap. 7).
32. Relief of Officer of Court, &c., from duties under
Order. When an order has been made by a Magistrate for periodical
payments of money to be made through an officer of the court or
through any other person or officer, if complaint is made by such
- officer or other person that the person on whose behalf the money is
ordered to be paid has persistently received the payments required under
the order direct from the person liable to-make the payments, the
Magistrate may, upon proof thereof, make an order relieving him of his
duty under the first mentioned order and requiring that payment
be made direct:
Provided also that any such relieving order may be made, without
formal complaint being laid at the hearing of any application to enforce
the first-mentioned order, if both parties are present.
33. Certificate of Imprisonment for Bastardy
Arrears. For the purposes of section 135(2) of the Act, when a
person is imprisoned in proceedings for the enforcement of an order in
any matter of bastardy or of an order enforceable as an order of
‘affiliation, the Superintendent or keeper of the prison shall, upon bis
discharge, send to the clerk of the Magistrate issuing the commitment a
certificate showing the dates of his reception into prison and discharge
therefrom, and also remit therewith any payment received by him under
the commitment, and the clewk of the Magistrate, if payments under the
Order have been ordered by the Magistrate to be made through an
officer of the Court or other person or officer, shall forward such
certificate and any payment so remitted to that officer or person.
34. Application for Special Case. An application to a
Magistrate under section 180 of the Act to state a special case shall be
made in writing in the form numbered 45A in the Schedule and the
ease shall be stated within a month after the date of the application, and
after the recognizance shall have been entered into,
fk 8
85. Drawing up. Convictions. Formal convictions giving
the decisions of the Court shall not be drawn up unless required for an
appeal or some other legal purpose. When it is necessary for such
purpose to draw up a conviction the same shall be in one of the forms
set forth in the Schedule, unless some other form is prescribed by lawful
authority for the particular case.
Upon proper notice being given of appeal against any conviction or
order of a Magistrate, or of any motion in the Suprenie Court for a writ
of mandamus or certiorari in respect of any conviction or order of a
Magistrate, and upon payment by the appellant of the appropriate, fee
and the fee, if any, payable to the Registrar-of the Supreme Court, the-
conviction or order in question shall be drawn up in proper form, and
shall be lodged by the clerk of the Magistrate with the Registrar of the
‘Supreme Court, to be filed by him among the records for the next sitting
of that Court. Any exhibits which have been put in at the hearing of -
the case, and which are still in the possession of the Magistrate’s Court
when such conviction or order is being transmitted to the Registrar of
the Supreme Court, shall be forwarded, together with such conviction
or order, to the said Registrar:
Provided that it shall not be necessary to draw up the conviction
_or order and file it as aforesaid in any case of an appeal by case stated to
a Judge of the Supreme Court. .
36. Procedure in Replevin under Section 287 of
the Act. Where any person desires to replevy any property levied on
under a warrant of distress, he shall within the prescribed time apply to
a Magistrate, or a clerk to the Magistrate, in the district in which the
property has been seized, for a warrant to replevy, and on such person
executing a replevin bond, with such surety or sureties as may be’
required by the Magistrate, or clerk to the Magistrate, in the district in
which the property has been seized, for a warrant to replevy, and on
such person executing a replevin bond, with such surety or sureties as
may be required by the Magistrate, or clerk to the Magistrate, for the
due prosecution of an action in replevin without delay, and for the
return of the goods if such person should fail in such action, the
Magistrate, or clerk to the Magistrate, shall issue a warrant to the police
officer in whose custody are the goods levied on, directing him to
restore such goods to such person as aforesaid, and the goods levied on
shall then be restored to the person claiming the same. .
37. Miscellaneous Applications to Magistrates. When
any person is authorised under any Federal Act or other law to appeal to
any Magistrate against the decision or order of any local or other
9
authority or other person or body, the procedure unless otherwise
prescribed by the said Federal Act or other law shall be by way of
complaint for an order, and the Act shall apply to all such proceedings.
38. Notice of Conditions of Probation. The Notice
required under section 3(3) of the Probation of Offenders Act (Cap. 44),
shall, before the offender leaves the precincts of the Court, be read over
to him (by a probation officer if practicable) in the presence of a third
~ person with such explanation as may be thought desirable.
39. Forms. The forms in the Schedule, or forms to the like
effect, may for the purposes of proceedings under the Act be used, with
_ such variations as circumstances may require.
40. Revocation. The Rules made by the Governor in Council
on the 9th day of May, 1892, under section 256 of the Magistrate’s Code
of Procedure Act, 1891, and the Magistrates’ Court Rules, 1932
(S. R. & O. 1932 No. 27) are hereby revoked.
Made by the Governor in Council this 10th day of December,
1955.
Heren H. Betxor,
Acting Clerk of the Council.
_ Approved by the General Legislative Council this 27th day of
January, 1956.
A. E. Penny,
Clerk of the Council.
SCHEDULE.
fo
Form 1.
Complaint without Oath.
LEEWARD ISLANDS
In the Magistrate’s Court, District
Complainant
and
Defendant
The Compiaint of
of who comes before me, the
undersigned Magistrate, and complains against
of
that the said
the ne day of 19 , at
and the said
prays that the said
may be summoned to answer the said complaint.
Complainant.
Made before me this oo
| day District Magistrate,
of 19 District
it
Form 1A.
a Information on Oath.
LEEWARD ISLANDS,
DISTRICT
IN THE MAGISTRATE’S COURT.
The day of 19
The Information of ,
of in the said District, who upon oath
States that
of . on the day of
19 at in the. said
Presidency of . did
CRP ome eee oes rect aeb ess ree SOOsceese vas
Taken on oath before me the
District Magistrate.
LEEWARD ISLANDS.
District
IN THE MAGISTRATES COURT one
( )
wee OOO eee PREH CHORE HEC e ees Bue Vent HEHEe eeKeadhEeHees saneee
12
US.
ee ee ee ee ee eee ee ee or)
INFORMATION ON OATH
TO gos se cuts 15, andadies wii tisdk« LO seniece
13
Form 2.
Summons to Defendant.
LEEWARD ISLANDS,
DISTRICT
‘IN THE MAGISTRATE’S COURT.
To
of
Complaint has been made this day by
for that youonthe = day of . 19
at in the Presidency of
did
You are therefore hereby summoned to ‘appear before this
Court sitting at in the said District on
the day of
19 at the hour of in the
to answer to the said complaint.
Dated the day of 19
District Magistrate.O
14
‘Form 8.
Certificate of Refusal to issue a Summons.
LEEWARD ISLANDS,
DISTRICT
IN THE MAGISTRATE’S COURT.
T hereby certify that I refuse to issue a summons against
OE ;
on the complaint of , of :
which has been reduced into writing and is as follows (here set out
the allegations made in the complaint).
Dated this — day of 19
(BIGRCO Ys esas ceerttevenssienoudeuris Vela ieee
istrict Magistrate.
15
_ Form 4.
Warrant in the first Instance.
| LEEWARD ISLANDS,
DISTRICT ( )
IN THE MAGISTRATE’S COURT.
To Eacw AND ALL oF THE Pracre Orricrers ofr THE LEEWARD
IsLANDs.
Information on oath has been laid this day, by
of that
of hereinafter called the defendant
on the day of 19 , at
in the Presidency of did
You are therefore hereby commanded to bring the defendant
before this Court sitting at forthwith to :
answer to the said information.
Given under my hand this day of 19
District Magistrate
16
LEEWARD ISLANDS.
District
In the Magistrate’s Court.
Poems eee see se reso e eae eee es eeeeeeeeseEHD SH eneoes
Comme ese rece ester ereneeeereeesseseeees see Seeseene
eee rece roe
WARRANT TO ARREST.
Pe ass Ce nas a os pan cd
17
Form 4A.
Information for Search Warrant.
LEEWARD ISLANDS,
PRESIDENCY OF
DistTRIcr ( )
IN THE MAGISTRATE’S COURT,
The information of
On s in the said District,
taken this day of | 19. , before
the undersigned District Magistrate, for District in the said
Presidency of who saith that the following goods of him the
said saa 5 : to wit,
were on the day of 19 , Stolen
from and out of the dwelling house of the said
situate at in the parish of
and Presidency aforesaid: And that he, this informant, hath probable
cause to suspect, and doth suspect, that the said goods, or part there-
-of, are concealed in the dwelling-house or premises in the occupation
of situate at
‘in the Parish of in the Presidency aforesaid. —
Sworn before me the
day of 3 a)
eceteoes coves yeeeeeeGae eeeeP Oe cee seg
18
LEEWARD ISLANDS.
District
In the Magistrate’s Court.
( )
vs.
INFORMATION.
LE ge CEs URS Ee Re RE oo
19
Form 5.
Notice to Prosecutor of day on which a Prisoner will be brought up.
LEEWARD ISLANDS,
DistRIcT
IN THE MAGISTRATE’S COURT.
To of
Take notice that
of 3 , hereinafter called the defendant,
has been apprehended and is ordered to be brought up before this
Court sitting at , on the day of
He , at the hour of in
the noon.
Dated this day of 19
(Signed)
District Magistrate.
20
Form 6.
Search Warrant.
LEEWARD ISLANDS,
’ District :
IN THE MAGISTRATE’S COURT.
To WACH AND ALL OF THE Pracr Orricurs or THE LrErwARD
IsLANDS.
Bridende on oath has been given this day Ones
19 Oy 8 ; ; that there is reasonable
cause to-believe that certain property, to wit, :
alleged to have been , , is on certain
premises, to wit
: You are therefore hereby commanded, with proper assistance, to
enter the said premises, by force, and breaking doors, if necessary,
‘and to search the same, and if such property as aforesaid, or any
part thereof, be found therein, to bring the same, and the person or
persons in whose possession the said premises are, before this Court,
to be dealt with as the law directs.
Given under my hand this day of 19 ‘
(Signed) -
District Magistrate.
(Seal).
; 21
Form 7.
Notice to Parent or Guardian of Child ehargea with an Indictable
Offence.
LEEWARD ISLANDS,
DisTRICT
IN THE MAGISTRATE’S COURT.
To of
has been charged with ;
and has been remanded until the sitting of this Court, to be holden
at , on the day of : oe
19 , at the hour of in the noon, and it has
_ been alleged that you are his parent (or guardian).
If you desire to be present at the hearing of the charge you
must attend before this Court on that day and hour.
é
Dated this .~ day of ro
(Signed)
District Magistrate.
59 : :
Form 7A.
Notice to Parent or Guardian of a Child to appear and be heard -
before order is made against such Farent or Guardian.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
To of
Complaint (or information) has been laid this day by
for that A.B.
being a child or young person under 16, on the day of
: 19 , at )
in the Presidency of did
And upon being inférmed that you 0.0. are
the parent or guardian of the said A.B you are
hereby notified to appear before this Court sitting at
in the said District on ; the day of
19 , at the hour of in the morning to: show
cause why in the event of an order for the payment of a fine, ~
damages or costs being made against the said A.B.
you should not be ordered to pay the same.
Dated this day of 19
(Signed)
. District Magistrate.
/
23
&
Form ‘7B. :
Order on Parent or Guardian to pay fine, damages or costs.
LEEWARD ISLANDS,
DIstRIcT a feats ;
IN THE MAGISTRATE’S COURT.
Whereas A.B. . hereinafter called the
defendant, being a child or young person within the meaning of the
Magistrate’s Code of Procedure Act (Cap. 61) and the Juvenile Act,
1949 (No. 10/1949), has been this day charged for that he on the
day of 19 at
in the Presidency of did
And Whereas the Court is of opinion that the charge is proved
It is ordered that C.D. ' the parent
(guardian) of the defendant do pay the sum of as
(a fine) or (damages) and the sum of for costs
(by instalments of for every days,
the first instalment 'to be paid) forthwith (or on the day of
19 Ji
And in default of payment it is ordered that (the sums due
under this order be levied by distress and sale of the said parent’s ©
(guardian’s) goods, and in default of sufficient distress that) the said
parent (guardian) be imprisoned in Her Majesty's prison at
| and kept there for the space of
unless the sums (and all costs and charges of the said distress and)
commitment and his conveyance to the said prison be sooner paid.’
(Where security for good behaviour is required, add:—
And it is further ordered that the said C.D.
.do forthwith to the satisfaction of (this Court) give security in the
sum of for the good behayjour of the said
defendant for. the term of next ensuing.
Given under my hand this __— day of 19
z (Signed)
District Magistrate,
e
Form 8.
Deposition.
LEEWARD ISLANDS,
District ‘ ( ee =)
IN THE MAGISTRATE’S COURT.
Tue DEPOSITION OF
taken on oath this day of 19
in the presence and hearing of |
who charged before me
Esquire, the undersigned District Magistrate, with having committed
an offence under Section of of
which deponent says as follows:
Sworn before me this day
Z of 19
CCC C OCR reBe eee eee ees eneseesensedesEETesD Str eherneseeD
District Magistrate.
85
Statement of Accused.
LEEWARD. ISLANDS,
District. .“ A.†( )
stand charged before the undersigned Magistrate
for District this day of 19
for that the said
on the day of 19 :
at in the Presidency
of did
and the said charge being read to the said
and the witnesses for the prosecution, namely, .
being severally examined in presence, the said
is now addressed by me as follows:—
Ae i ace
“HAVING HEARD THE EVIDENCE, do you wish to say .
“ anything in answer to the charge? You are not obliged to do so. :
“unless you a do so, but whatever you say will be taken ,
“down in writing, and may be given in evidence at your trial.
“AND I GIVE YOU CLEARLY TO UNDERSTAND that you
“have nothing to hope from any promise of favour, and nothing
“to fear from any threat, that, may have been held out to you to-
“induce you to make any admission or confession of your guilt; but
“whatever you now say may be given in evidence upon your trial, —
“ notwithstanding such promise or threat.â€
WHEREUPON the said
saith as follows:—
Taken before me at
the day and year above mentioned.
District Magistrate.
a7
Form 10.
‘Committal for. Trial.
LEEWARD ISLANDS,
District eet ok )
IN THE MAGISTRATE E'S COURT.
_ of
who — been charged before
“me with an offence under Section of
the following witnesses having been examined before me, namely,
isjare committed for trial at the Circuit Court to be held in this
Cireuit in the month of next.
Given under my hand this day of.. 19
e District Magistrate. O
28
Form 11
Warrant to detain for trial.
LEEWARD ISLANDS,
DistRIctT ; ( )
_IN THE MAGISTRATE’S COURT.
To each and all of the Peace Officers of the Leeward Islands,
and to the Keeper of the Prison at in the Presidency of
of
having been committed to take h trial before the Circuit Court
to be holden at in the Presidency of , in the month
of A 19 on a charge of having committed an
offence against Section of of
You the said Peace Officers, are hereby commanded to take the
said and convey h
to the said Prison, and deliver h to the Superintendent/Keeper
thereof together with this warrant;
2
And you, the said Superintendent/Keeper of the said Prison,
are hereby commanded to receive the said
into your
custody and keep h safely till the holding of the Circuit Court at
aforesaid in the month of - ; aforesaid
unless he be sooner released by a warrant of deliverance in that
behalf, and on that day to bring h —_ before the said Court and to
keep h in safe custody until the said Court shall make further
order.
Given under my hand this —_—_ day of 19
District Magistrate. O
LEEWARD ISLANDS.
DIistTRicr
In the Magistrate’s Court
Regina
Versus
WARRANT TO DETAIN FOR TRIAL.
(Form 11.)
’
30
Form 12.
Warrant to take Prisoner before another District Magistrate
for Further Examination. /
LEEWARD ISLANDS,
DISTRICT : E
IN THE MAGISTRATE’S COURT.
To RACH AND ALL THE Peace OFFICERS OF THE LREWARD
. IsLaANDS.
You are hereby commanded to take
before the Magistrate for District together with the
information (or complaint), depositions and recogaizances laid
(made) and taken before me in the matter o.
ae _ and annexed hereto.
Given under my hand this day of : ED 38
(Signed)
District Magistrate.
(Seal).
Te Fae ee, page MUR arnt a Sit Re
. 31 2
: Form 138. ;
Certificate of the Receipt of a Prisoner.
I hereby certify that I have this day received from
, Peace Officer of the Leeward Islands,
, an accused person, together with the
warrant and all documents relating to the charge against the said
(or who (set forth the state of
‘the prisoner when received into charge if the receipt.is by a Super-
intendent/Keeper of a prison) iF
Dated this day of 19
(Signed)
District Magistrate, Dtstrict............
or
Superintendent/ Keeper of the prison at
32
Form 14. :
Warrant of Deliverance.
_. LEEWARD ISLANDS,
District : ( )
IN THE MAGISTRATE’S COURT.
To the Keeper of Her Majesty’s Prison at
Whereas of
who has been charged with having committed an offence under
Section of No of 19
of | and is detained by you under a
Warrant dated the day of 12 , has
this day been admitted to bail:
This is to command you to discharge the said
from custody unless you are ordered to detain him by some other
lawful Warrant.
.Given under my hand this _ day of 19
Distriet Magistrate. O
Distric “ pe
33
LEEWARD ISLANDS.
District “ 2
In the Magistrate’s Court.
Regina
i VS.
Pomc e meer ee neers vee ree set esse eree ree eeeeneeeBeeeeeseranresseeeD,
(Form 14.)
34
Form 15.
Notice on Application for Bail.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
‘\
‘lo the Honourable the Attorney General (or the Honourable the
Crown Attorney, or the officer in charge of the police in the
Presidency of , or to the Magistrate or Coroner for
District ).
This is to give you notice that application will be made on the
day of 19 , at the hour of 3
~ in the noon, to his honour for an order that
be admitted to bail, who is charged with
having committed an offence under section of Act (or
Ordinance) No. on. of
Dated this day of 19
(Signed )
84
Form 16.
Conviction,
LEEWARD ISLANDS,
District : ( )
IN THE MAGISTRATE’S COURT.
the. day of
one thousand nine hundred and
of
E in the said District
hereinafter called the Defendant, is this day CONVICTED at the
Magistrate’s Court for District , aforesaid, sitting at
in the . Gb ors in the
said District, before the undersigned ;
, Esquire, District Magistrate in and for the said
District, of having committed an offence under Section
of No of 1 roy
that is to say, for that he the Defendant on the day of
one thousand nine hundred and at
within the said District,
AND IT IS HEREBY ADJUDGED that the Defendant
for said offence be imprisoned in Her Majcsty’s Prison
at the City of Saint John in the Presidency of Antigua, and there
kept for the space of
(or do pay the sum of $ ), and do also pay the sum
of $ (for compensation and 5 ) for costs
(by instalments of $ for every days, the
first. instalment to be paid forthwith, or on the day of
19 ys
And in default of payment it is ordered that (the sums
due under this adjudication be levied by distress and sale of the —
defendant’s goods, and, in default of sufficient distress, that) the
defendant be imprisoned in Her Majesty’s prison at
and there kept (to hard labour) for the space
of . (commencing at the
termination of the imprisonment before adjudged), unless the said
sums (and all costs and charges of the said (distress and) commitment
and of his conveyance to the said prison) be sooner paid.
District Magistrate, O
District
LEEWARD ISLANDS,
DiIsTRICT
( )
IN THE MAGISTRATE’S COURT.
36
_ CONVICTION of
for
Dated the day. of i9
37
Form 17.
Indorsement where Security for Payment is Permitted.
It is ordered that the defendant be at liberty to give, to the
satisfaction of (this Court), security in the sum of $ rs
with sureties in the sum of $ (each), for the due
payment of the said sums as adjudged.
38
Form 18. 5 ;
Conviction of Adult for an Indictable Offence.
LEEWARD ISLANDS,
DISTRICT
IN THE MAGISTRATE’S COURT.
the day of 19
of
in the said District hereinafter called the
Defendant being an adult within the meaning of the Magistrate’s
Code of Procedure Act, and having consented to be dealt with —
summarily is this day CONVICTED at the Magistrate’s Court for
. District , aforesaid, sitting at
. in the of in the
said District, before the undersigned :
Esquire, District Magistrate in and for the said District, of having
committed an offence under Section of
No. of i of that is to say, for
that he the Defendant on the day of 19
at - within the said District,
AND IT IS HEREBY ADJUDGED that the Defendant for
said offence be imprisoned in Her Majesty’s Prison at
and there kept
for the space of
(or do pay the sum of $ : ), and do also pay the sum
of $ (for compensation and $ ) for costs
(by instalments of $ for every days, the
Base instalment to be paid forthwith, or on the day of
19
And in default of payment it is ordered that (the sums
ive under this adjudication be levied by distress and vale of the
fendant’s goods, and, in default of sufficient distress, that) the
th fendant be 1 ae .soned in Her Majesty’s prison at
, and there kept (to hard labour) for the space
of (commencing at the
termination of the imprisonment before adjudged), unless the said
sums (and all costs and charges of the said (distress and) commitment
ind of his conveyance to the said prison) be sooner paid.
(signed)
District. Magistrate.
(Seal)
+ $9
Form 18A.
Conviction of Child or Young Person for Indictable Offence.
LEEWARD ISLANDS,
DISTRICT
IN THE MAGISTRAT’ES COURT.
the day of 19
in the said District hereinafter. called the
Defendant being a child (or young person) within the meaning of
the Magistrate’s Code of Procedure Act (Cap. 61) and the Juvenile
Act, 1949 (No. 10 of 1949) and having been charged with comunitting
an offenée under Section of
No. of that is to say, for that he, the
Defendant on the day of -19 at
within the said District
AND IT IS HEREBY ADJUDGED that the Defendant for said
offence be imprisoned in Her Majesty’s. Prison at and there
kept for the space of (or do pay
the sum of $ ), and do also pay the sum of $ (for compen-
sation and $ ) for costs (by instalments of $ for every
days, the first instalment to be paid forthwith, or on the
day of . rg
And in default of payment it is ordered that (the sums due under
this adjudication be levied by distress and sale of the defendant’s goods,
and, in default of sufficient distress, that) the defendant be imprsoned in
Her Majesty’s prison at , and there kept (to hard
labour) for the space of ~ (commencing at the termination of
the aa before adjudged), unless the said sums (and all costs
and charges of the said (distress and) commitment and of bis conveyance
to the said prison) be sooner paid.
(Signed)
. District Magistrate.
(Seal).
XN
40
Form 19. or
Conviction with Security.
' LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
The day of : “49
, hereinafter called the defendant,
is this day convicted of an offence under section . of Act
No. of Sk
But the Court being of opinion that the said offence was of so
trifling a nature that it is inexpedient to inflict any (or other than a
nominal) punishment, and the defendant having given security to
appear for sentence when called upon (or to be of good behaviour), he
is discharged.
(If costs are ordered, add: And it is hereby ordered that the
defendant pay to , the complainant, the
suin of $ for costs forthwith (or on the day
of £9
And in default of payment, it is ordered that the sum due be
levied hy distress and sale of the defendant’s goods, and in default of
sufficient distress, that the defendant be imprisoned in Her Majesty’s
prison at , and there kept (to hard labour) for —
the space of , unless the said sum (and all costs
and charges of the (said distress and) commitment and of his
conveyance to the said prison) be sooner paid.
(Signed)
District Magistrate.
(Seal).
| Ad
Form No. 194A.
ORDER OF DISMISSAL.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
A.B., hereinafter called the defendant (being an adult or
juvenile, or young person, or child within the meaning of the Magis-
trate’s Code of Procedure Act (Cap.61) and the Juvenile Act, 1949
(No. 10/1949) is charged for that he/she on the day of
19 sab in the said district
did (and the defendant having consented to be dealt
with summarily or the parent or guardian of the defendant does not
object to the defendant being dealt with summarily), and the Court
thinks that the charge is proved, but is of opinion that it is in-
expedient to inflict any punishment. :
It is therefore ordered that the information (or charge) be
dismissed:
(App IF COSTS ARE ORDERED): And it is ordered that the
defendant do pay to the sum of $ :
as damages for injury (or compensation for loss); and do further pay
to the clerk of the said Court the sum of $ for costs.
(by instalments of for every days, the first
instalment to be paid) forthwith (or on the day of
), and, in default of payment it is ordered that (the
said sums be levied by distress and sale of the defendant’s goods; and
in default of sufficient distress, that) the defendant be imprisoned in
Her Majesty's prison at (or detained in police custody
at ) for the space of unless the said sums
(and all costs and charges of the (said distress and) commitment) be
sooner paid.
Magistrate
District
42
Form No. 19B.
ORDER OF DISCHARGE ON RECOGNIZANCE.
LEEWARD ISLANDS,
District :
“ IN THE MAGISTRATE’S COURT.
A.B., hereinafter called the defendant (being an adult or
juvenile or a young person, or a child within the meaning of the
eee: s Code of Procedure Act (Cap. 61) and the Juvenile Act, |
1949 (No. 10/1949), is charged for that he/she, on the day of -
, at in the said, Presidency did
wid (the defendant having consented to be dealt with summarily or
the parent or guardian of the defendant does riot object to the
defendant being dealt with summarily and) the Court fins that the
charge is proved, but is of opinion that it is expedient to release the
defendant on probation):
It is therefore ordered that the defendant be discharged
conditionally on his/her entering into a recognizance in the sum ot
$ with suret inthesumof$ . . (each), subject
to the following conditions:— .
1. 'That he/she be of good behaviour and appear before the
Court for conviction and sentence when called on at any
time during the period of now next ensuing;
2. That he/she do not associate with ;
3. That he/she do not frequent
4, That he/she do lead an honest and industrious life;
5. That he/she do abstain from intoxicating liquor;
6. That he/she do reside at ;
7. (ANY SPECIAL CONDITION).
(Ik COSTS ARE ORDERED, ADD): And it is further ordered
that the defendant do pay to - the sum of $
as damages for injury (or compensation for loss); and do further pay
to the clerk of the said Court the sum of $ for costs (by instal-
ments of forevery — days, the first instalment
to be paid) forthwith (or on the day of 5
and, in default of payment it is ordered that (the said sums be levied
_by distress and sale of the defendant’s goods; and in default of suffi-
cient distress, that) the defendant be imprisoned in Her } Majesty’s
prison at (or detained in police custody at
for the space of unless the said sums (and all costs and
char ges of the (said distress and) commitment) be sooner paid,
Magistrate
District F
48
Form No. 19C.
ORDER OF DISCHARGE ON PROBATION.
LEEWARD ISLANDS, a
Disrricr :
IN THE MAGISTRATEH’S COURT.
A.B, hereinafter called the defendant (being an adult or —
a juvenile or a young person, or a child within the meaning of
the Magistrate’s Code of Procedure Act (Cap. 61) and the Juvenile
Act, 1949 (10/1949) is charged for that he/she, on the day of
, at in the said Presidency
did and (the defendant having consented
to be dealt with summarily or the parent or guardian of the defendant
does not object to the defendant being dealt with summarily and) the
Court thinks that the charge is proved, but is of opinion. that it is
expedient to release the defendant on probation:
It is therefore ordered, that the defendant be discharged
conditionally on his/her entering into a recognizance in the sum
of $ , With suret in the sum
of $ (each), subject to the following conditions:—
1. That he/she be of good behaviour and appear before the
Court for conviction and sentence when called on at any
time during the period of now next ensuing;
2. That he/she do not associate with 3 ‘
3. That he/she do not frequent ;
4. That he/she do lead an honest and industrious life;
5. ‘That he/she do abstain from intoxicating liquor; —
6. ‘That he/she do reside at 3 oe
7. That during the said period the defendant be under the
supervision of (hereinafter called the _
Supervisor), and
(a) for the purpose of securing such supervision, that the
defendant receive at his/her own home visits from the
said: Supervisor weekly, or at such other intervals as
the Supervisor may think fit;iand, if so required by
44
the Supervisor, attend at his/her home for the purpose
of such visits at times fixed by the Supervisor; and
answer truly all questions put to him/her by the
Supervisor with regard to his/her conduct, employment,
‘or residence;
(6) and report forthwith to the Supervisor any change of
his/her residence or place of employment; and
8. (ANY SPECIAL CONDITION) |
(Iz costs ARE ORDERED, App): And it is further ordered that
the defendant do pay to 3 the sum of $
as damages for injury (or compensation for loss); and do further pay
to the clerk of the said Court the sum of $ for costs (by
instalments of for every days, the first
instalment to be paid) forthwith (or on the day of
), and, in default of payment it is ordorsd. that
(the said. sums be levied by distress and sale of the defendant's
goods; and in default of sufficient distress, that) the defendant be
imprisoned in Her Majesty’s prison at (or detained
in police custody at . ) for the space of
unless the said sums (and all costs and shies of the (said distress
and) commitment) be sooner paid.
Magistrate
District
4d
Form No. 19D.
RECOGNIZANCE.
LEEWARD ISLANDS,
Districr — ; 3
IN THE MAGISTRATE’S COURT.
The undermentioned persons severally acknowledge themselves
to owe to our Sovereign Lady the Queen the several sums following,
namely:
of , as principal, the sum
of $ , and of :
and of , as suret
the sum of $ (each) to be levied
-on their several goods, lands, and tenements if the said pine fail
in the condition hereon endorsed.
(SIGNED WHERU NOT TAKEN ORALLY)
A.B.
G.H.
J.K.
Taken (orally) before me this —day of 19
Magistrate.
ConDITION
The condition of the above recognizance is such that if the above-
bounded principal. shall be of good behaviour and appear before the
Magistrate’s Court sitting at for conviction and
sentence when called on at any time during the period of .
now next ensuing, and shall not associate with nor
frequent and shall lead an honest industrious life, and
abstain from intoxicating liquor, and reside at , and
shall (INSERT ANY SPECIAL CONDITION). (and furthermore during the
said period shall be under the supervision of
(hereinafter called the Supervisor), and, for the purpose of securing
such supervision, shall receive as his/her own home visits from the
said Supervisor weekly, or at such other intervals as the Supervisor
may think fit, and shall, if so required by the Supervisor, attend at
his/her own home for the purpose of such visits at times fixed by the
Supervisor, and shall answer truly all questions put to him/her
by the Supervisor with regard to his/her conduct, employment, or
residence, and shall report forthwith to the Supervisor any change
of his/her residence or place of employment); then the said recogni-
zance shall be void, but otherwise shall remain in full force.
A6
Form No. 19E.
NOTICE TO DEFENDANT OF TERMS OF
RECOGNIZANCE ON PROBATION.
LEEWARD ISLANDS,
- District :
IN THE MAGISTRATE’S COURT.
Take notice that you , are bound for
the period of ; years in the sum of $
(and and , your suret ;
in the sum of $ (each), ) by recognizance entered
into this day before the said Court, of which the following
wre the conditions:—
1. That you be of good behaviour and appear at this Court for
conviction and sentence when called on;
That you do not associate with ;
That you do not frequent ;
That you lead an honest and industrious life;
That you abstain from intoxicating liquor;
That you reside at :
That yoa be under the supervision of
(hereinafter called the Supervisor); and observe the follow-
ing conditions for securing such supervision, namely :—
(a) That you receive at your own home visits from the
Super visor weekly, or at such other intervals as the
Supervisor may think fit; and, if so required by the
Supervisor, attend at your home for the purpose of such
visits at times fixed by the Supervisor; and answer
truly all questions put to you by the Supervisor with
regard to your conduct, employment, or residence; and
(6) That you report forthwith to the Supervisor any change
of your residence or place of employment; and
Die ae oe BS
8. (ANY SPECIAL CONDITION).
If you fail to observe any of the conditions of your recognizance
you (and your suret ) will thereby forfeit the
abovementioned sums, and you will further be liable to be appre-
hended and brought before this Court, and to be convicted and:
sentenced for the offence which was this day proved against you.
Dated the day of re
Magistrate,
Drstriot 5
47
Form No. 19F.
ORDER BY INDORSEMENT SUBSTITUTING
A NEW SUPERVISOR.
LEEWARD ISLANDS,
DISTRICT
IN THE MAGISTRATE’S COURT.
The above-named having been relieved
of his duties as Supervisor (or having died), the aforesaid Court
doth hereby substitute for the
said ‘to perform the duties of Supervisor
under the said order.
Magistrate.
Form No. 19G.
NOTICE TO DEFENDANT OF SUBSTITUTION
OF NEW SUPERVISOR.
LEEWARD ISLANDS,
DistrIcT :
IN THE MAGISTRATE’S COURT.
Take notice that . has been
substituted by (or with the approval of) the aforesaid Court to
perform the duties of Supervisor in your case in place of
, and that the name of the
said is substituted for that of the
said as:from this date wherever the
name of the said occurs in the
order made by the aforesaid Court in your case on the
day of 19 , and in the recognizance entered
into by you thereupou.
Dated the day of we. 19
Magistrate,
48
Form No. 19H.
SUMMONS TO DEFENDANT ON APPLICATION
TO VARY CONDITIONS OF RECOGNIZANCE,
LEEWARD ISLANDS,
DisTRICT _
IN THE MAGISTRATE’S COURT.
To A.B.
You are hereby. summoned to appear before the Magistrate’s
Court sitting at on
the . day of 19 , at the hour of
in the noon, on the hearing of an
application by — Supervisor, to vary
the terms or conditions of the recognizance entered into by
you (and : Mes and
as your suret ) before the said Court, on
the day of , under the Probation
of Offenders Act (Cap. 44). a
Dated the day of 19
Magistrate.
A$
Form No. 19J.
NOTICE OF DISCHARGE OR VARIATION OF CONDITIONS
OF RECOGNIZANCE OF soe Nee:
LEEWARD ISLANDS,
District i
_ IN THE MAGISTRATE’S GOURT.
To of
Take notice that (the conditions of) the recognizance entered
into by you (and and
as your suret ) before the Magistrate’s
Court sitting at on the day of Ds
have (or has) this day, upon the application of
Supervisor, been (discharged) or varied by the said Court, (and that
the following are now the conditions to, which you are subject under
the said recognizance):
If you fail to observe any of the conditions of your recognizance,
you and your (present) suret will thereby forfeit
the abovementioned sums, and you will further he liable to be
apprehended and brought before this Court, and to be convicted and
sentenced for the offence proved to the Court when the probation
order was made.
Dated the day of 19
Magistrate.
Form No. 19K. ;
INFORMATION FOR BREACH OF RECOGNIZANCE.
LEEWARD ISLANDS,
District ;
IN THE MAGISTRATE’S COURT.
The information of , Who upon oath
(or affirmation) states:
AB, on the day of 19 , by a
recognizance entered into by him (with and
as suret ) under the Probation of
Offenders Act, was bound to appear before this Court for conviction
and sentence when called on at any time during the period of
years, and: was further bound by the said
recognizance (HERE STATE ONE CONDITION WHICH Is BROKEN).
And the said A.B. did fail on the _ day ot. 192%
to observe the said last-named condition (and divers other conditions)
of his recognizance, inasmuch as
+ Taken and sworn (or affirmed) before me.
Magistrate,
50
Form No. 19M.
SUMMONS FOR BREACH OF RECOGNIZANCE.
LEEWARD ISLANDS.
DistRict
IN THE MAGISTRATE’S COURT.
To A.B.,
Information on oath (or affirmation) has been laid this day
by Supervisor, for that you on the day
of , before the undermentioned Magistrate’s
Court, were bound by a recognizance entered into by you under the
Probation of Offenders Act, to appear before the said Court for.
conviction and sentence when called on at any time during the
period of i years, and were further bound by the said
recognizance and that you did fail on the day
of 19 , to observe the last-named condition
(and divers other conditions) of your said recognizance.
You are therefore hereby summoned to appear before the
Magistrate’s Court sitting at on the
day of at the hour of in the
-noon, to answer to the said information.
Dated the day of 19
Magistrate,
51
~Form No. 19N.
WARRANT FOR BRE ACH OF RECOGNIZANCE.
‘LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
To each and all of the constables of
‘ Information on oath (or affirmation) has been laid this day
(or on the day of ) by
that A.B., hereinafter called the defendant, having on the day
of , before the Magistrate’s Court sitting at
entered into a recognizance under the Probation of
Offenders Act, by which he/she was bound to appear before thessaid
Court for conviction and sentence when called on at any time during
the period of years, and further to ~ did, on
the day of 19 , fail to observe the
last-named conditon (and divers other conditions) of his/her said
recognizance:
You are therefore hereby commanded to bring the said defendant
before the Magistrate’s Court sitting at forthwith, to —
answer to the said information.
Dated the day of 19
Magistrate,
52
Form No. 19P.
CONVICTION AFTER PROBATION,
LEEWARD ISLANDS,
DIstTRICT
IN THE MAGISTRATE’S COURT.
A.B., hereinafter called the defendant (being an adult or a
juvenile or a young person, or a child within the meaning of the
Magistrate’s Code of Procedure Act and the Juvenile Act, 1949 was on
the day of charged for that he/she on
the day of in the said district did
And (the defendant having consented to be dealt with summarily,
or the parent or guardian of the defendant did not object to the
defendant being dealt with summarily and) the Court thought the
charge was proved, but, pursuant to the Probation of Offenders Act,
did make an order whereby the defendant was discharged. conditionally
ou entering into a recognizance to be of good behaviour and to appear
for conviction and sentence for the said offence when called upou ~
at any time during the period of from
the date of such order. —
And this day the defendant has been brought before the said
Court, and the Court was satisfied that the defendant had failed to
observe certain conditions of the said recognizance.
The defendant is therefore this day convicted of the first
mentioned offence, and it ix adjudged that the defendant for such
offence (As IN OTHER CONVICTIONS).
53
Form 20.
Order for Payment of a Sum of Money on Complaint.
LEEWARD ISLANDS, |
DistRIctT
IN THE MAGISTRATE’S COURT.
The day of 19
having made a complaint that,
hereinafter called the defendant, on
the day of 19 , at rere
On hearing the said complaint, it is ordered that the defendant
pay to the said the sum of $
and also the sum of $ for costs (by instalments of
$ for every days, the first instalment to be
paid) forthwith (or on the day of : 19 ).
And in default of payment, it is ordered that (the said sums be
levied by distress and sale of the defendant’s goods, and in default of
sufficient distress, that) the defendant be imprisoned in Her
Majesty’s prison at , and there kept (to
hard labour) for the space of , unless the said sums
(and all costs and charges of the (said distress and) commitment and
of his conveyance to the said prison) be sooner paid.
(Signed)
District Magistrate.
(Seal).
54
Form 21.
Order for other Matters.
LEEWARD ISLANDS,
DistTRIcT
IN THE MAGISTRATE’S COURT.
The day of : 19
having made a complaint that
hereinafter called the defendant,
on the day of 19 , at :
did
On hearing the said complaint, it is ordered that the defendant
do
(/f ibaeodnens is ordered, ada: And it is adjudged that if the
defendant neglect or refuse to obey this order, he be imprisoned in
Her Majesty’s prison at , and there kept (to
hard labour) for the space of _ (or unless the said
order be sooner obeyed). )
(/f costs are ordered, add: And it is ordered that the defendant
pay to the said the sum of $
for costs (by instalments of $ for every days,
the first instalment to be paid) forthwith (or on the day
of BOSD
And in default of payment, it is ordered’ that the sums due be
levied by distress and sate of the defendant’s goods, and in default of
sufficient distress, that the defendant be impr isoned in the said prison,
and there kept ( (to hard la! our) for the space of
commencing at ‘the termination of the imprisonment before adjudged,
unless the said sum (and all ‘costs and charges of the (said distress
and) commitment, and of his conveyance to the said prison) be
‘ gooner paid.
(Signed)
‘ District Magistrate.
(Seal),
55
Form 22.
: Order of Dismissal.
LEEWARD ISLANDS,
DIsTRIOT é
IN THE MAGISTRATE’S COURT.
The day of : 19
Information (or complaint) having been laid (or made) by
against :
hereinafter called the defendant, charging him with having com-
‘mitted an offence on the day of : LO Res
at . under section of Act (or Ordinance)
No. of of
This Court having heard and determined the said information -
(or complaint) doth dismiss the same. (But doth order the defendant
to pay to the informant (or complainant) the sum of $ | :
for damages forthwith (or on the day of Oe )\F5
(17 cost are ordered, add: And it is hereby ordered that the
informant (or complainant) pay to the defendant the sum of $
for costs forthwith (or on the day of 19.2%)
And in default of payment, it is ordered that the sums due be
levied by distress and sale of the informant’s (or complainant's)
goods, and in default of sufficient distress that the informant (or
complainant) be imprisoned in Her Majesty’s prison at i
and there kept (to hard labour) for the space of |
unless the said sums (and all costs and charges of the (said distress
and) commitment avd «f ins conveyance to the said prison) be
sooner paid. ‘
(Signed)
District Magistrate.
; Seal) ca. sue
56
Form 28.
Certificate of Dismissal.
LEEWARD ISLANDS,
District ;
I hereby certify that a charge made aginst
of , for that he on the day of
; 19 , at did commit
an offence under section of Act (or Ordinance) No.
of of was this day heard and
determined by me, and dismissed.
Dated this day of 19
District Magistrate.
57
Form 24.
Commitment for Default.
LEEWARD ISLANDS.
39;
District ‘‘
IN THE MAGISTRATE’S COURT.
To each and all of the Peace Officers of the Leeward Islands,
and to the Superintendent/Keeper of Her Majesty’s Prison
at
in the Presidency of , hereinafter called the defend-
ant, having been on the day of 19
to pay the sum of $
and the further sum of 5
for costs under section of of
; and default having been made in payment
Ir 1s OrpDERED that the defendant be imprisoned in Her Majesty’s
Prison aforesaid, and kept . for the space of
unless the said sums and all costs and charges
08 commitment and of conveyance
to the said prison be sooner paid.
And you the said Peace Officers, are hereby commanded to take
the defendant and convey to the said prison, and there
' deliver to the said Superintendent/Keeper thereof, together
with this warrant. And you the Superintendent/Keeper of tbe said
prison to receive the defendant into your custody and keep
to for the space
of : ° unless the said sums and all charges
of commitment and of conveyance to the said
prison be sooner paid.
Given under my hand this © day of 19
District Magisirats. O
District i
58
LEEWARD ISLANDS.
Districr ‘
In the Magistrate’s Court.
WARRANT TO COMMIT.
Fine ieee
Costs eae $
Compensation: 2 ee os $
Costs of Commitment. &e.
‘58
Form 25. - \
Commitment pending Return to Warrant of Distress.
LEEWARD ISLANDS, .
DistRICT :
IN THE MAGISTRATE’S COURT.
To each and all of the Peace Officers of the Leeward Islands,
and to the Keeper of Her Majesty’s prison at ;
, hereinafter called the defendant, was
this day (or on the day of 19 ), before
this Court sitting at , convicted of an offence
against section of Act (or Ordinance) No.
of of (or ordered), (reciting
order) :
And default having been made in payment, a warrant of distress
was issued, but no return has been made thereto:
'
You, the said Peace Officers, are hereby commanded to convey
the defendant to the said prison, and there deliver him to the Keeper
thereof, togetlier with this warrant. And you, the Keeper of the
said prison, to receive the defendant into your custody and keep him
until the day of 19 , and on
that day to convey him before this Court aforesaid, at the hour of
in the noon (unless he previously enters into a
recognizance in the sum of $ , with
suret | in the sum of $ (each), conditioned for his
appearauce on that day, or pays the sum of $ , being
the amount payable under such warrant).
Given under my hand this day of 19.
(Signed)
District Magistrate.
(Seal).
60
Form 26.
Commitment on Sentence of Imprisonment only.
No. of 19
‘LEEWARD ISLANDS.
District, ( oe
IN THE MAGISTRATE’S COURT.
TO each and all of the Peace Officers of the Leeward Islands,
and to the Superintendent/Keeper of Her Majesty’s Prison
at
in the Presidency of
hereinafter called
the defendant, has been this day before this Court convicted of an
offence under section of
of
You, the said Peace Officers, are hereby commanded to convey
the sist to the said Prison, and there deliver . to the
Superintendent/Keeper thereof together with this warrant. And you
the Superintendent/Keeper of the said Prison to receive the defendant
into your custody, and keep
to for the space of ‘
Given under my hand this day of 19
District Magistrate. O
61
LEEWARD ISLANDS.
DIstTRICT
Warrant to Commit
TERM
(Form 26.)
62
Form 27.
Notice to Attach a Debt.
‘LEEWARD ISLANDS,
District
IN THE MAGISTRATES COURT.
To of
It having been alleged that you are indebted to
of in the sum of $ , and the said
having been ordered by this Court to pay a
fine of $ , and costs $ , in all the sum of
$ (or as the case may be): Tlis is to command you to-
appear before this Court sitting at , on the
day of 19 , at the hour of = a
the noon, to show cause why you should not pay to this
Court so much of the said sum due by you to the said
as is sufficient to satisfy the said sum of
§ . payable by the said
as aforesaid. And you are hereby further commanded not to “pay
over such sum of $ (or so much of the said sum of
$ as amounts to the said sum of $ yan
to any person until this Court shall further order.
Dated this . day of 19
(Signed)
District Magistrate.
63
Form 28.
Order on Attachment of a Debdt.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
of , having been ordered
to pay a fine of $ ,and $ costs, and it
being found that owes to the said
the sum of $ , and the said
having been heard (or not having
appeared): It is hereby ordered that the said
pay to this Court the sum of $ , in satisfaction of the
sum of $ payable by the said
Given under my hand this day of 19
(Signed)
District Magistrate.
(Seal).
64
Form 29,
Summons in Desertion.
LEEWARD ISLANDS, E
District ( )
IN THE MAGISTRATE’S COURT.
To of
in the Presidency of
Application having been this day made to me the undersigned
District Magistrate, by , your wife,
who alleges she has been deserted by you.
You are therefore hereby summoned to appear before this Court
sitting at in the said district on the day.
of | 19 at 10 o'clock in the forenoon, to show
_ cause why you should not be ordered to pay to her such sum or sums
as to the Court seems meet for the support of herself and her family.
Dated this . day of 19
District Magistrate, O
District
: 9
Norr.—If you neglect to appear at the Court as above stated
the Magistrate, upon proof that this summons has been duly served
upon you, or left at your last place of abode, may proceed, if he
thinks fit, to make an order upon you to pay a weekly sum to your
said wife, and other sums for costs and expenses.
65
Form 380.
Summons in Bastardy.
LEEWARD ISLANDS,
DISTRICT
IN THE MAGISTRATE’S COURT.
i To of
in the Presidency of
Application having been this day made to me, the undersigned.
District Magistrate, by , a Single woman
residing at in the said Presidency, who has
been delivered of a bastard child on the day of
19 , in the said Presidency cf which child she on her oath alleges
you to be the father: |
You are therefore hereby summoned to appear before this Court
sitting at on the day of
19 , at 9.00 o’clock in the forenoon, to show cause why you should
not be adjudged to be the putative father of the said child, and
ordered to pay towards the maintenance thereof such sum or sums as
to the Court seems meet.
Dated this day of 19
District Magistrate. O
Norr.—If you neglect to appear at the Court as above stated, the
Magistrate upon proof that this summons has been duly served upon.
you or left at your last place of abode may proceed, if he thinks fit,
to make an order upon you as the putative father of the child above
referred to, to pay a weekly sum to the said mother for its main-
tenance and other sums for costs and expenses,
66
Form 30A.
Bastardy (Arrears):
LEEWARD ISLANDS,
IN THE MAGISTRATE’S COURT,
DISTRICT
To
Complaint has been made this day by :
for that you have unlawfully neglected to obey a certain order made
by this Court on the day of 19 , whereby
you were adjudged to be the putative father of a certain bastard
child born of her body, and ordered to pay to her for maintenance |
thereof the sum of per week; and that there is now
due to her from you in respect of the said order the sum of
being arrears of weeks, payments, against the form of
the Act in such case made and provided:
You are therefore hereby summoned to appear before this Court
sitting at ~ in the said District on
the day of 19 at the hour of 9.00
in the forenoon, to answer to the said complaint.
Dated the day of 19
District Magistrate, . O
District.
67 ©
Form 31.
Order in Desertion or Bastardy.
LEEWARD ISLANDS,
DisTRICT
IN THE MAGISTRATE’S COURT.
ee
The | day of 19
On hearing the application of
of [ of ;
is hereby adjudged to be the putative father of the child of the iid
. , born on the day of
19 (or with which the said
is pregnant) J.
[And] it is ordered that tle said
pay to the said
the sum of $ on (Mon)day, the — day of ©
19 , (or in the first (Mon)day after the birth of the child with
which the said is pregnant), and on every
succeeding (Mon)day until this order is discharged or varied (or
until [or the sum of $ for the
payment of the funeral expenses of the child of the said
}, and also the sum of $
for costs, such costs to be paid forthwith [or on or before the
day of 19 ie
And in default of payment of the said sum of $
for costs, it is ordered that [the said sum be levied by distress and
sale of the goods of the said ;
and in default of sufficient distress] the said
be imprisoned in Her Majesty’s Prison at , and there
kept (to hard labour) for the space of , unless the
said sum (and all costs and charges of the (said distress and) com-
mitment and of his conveyance to the said prison) be sooner paid.
(Signed)
District Magistrate.
(Seal),
68
Form 82.
Order to Vary or Discharge Order in Desertion.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
Ve
The day of 19 :
On hearing the application of ‘
it is ordered that the order made herein on the day of
19 , that the said should pay to the said
the sum of $ on
(Mon)day, the day of 19 , and on every
succeeding Mon(day) be discharged [or varied as follows, that is to
say that the said shall pay to the said
the sum of $ on
(Mon)day, the day of peng , and on
every succeeding (Mon)day until this order is discharged or varied ].
(Signed)
District Magistrate.
(Seal).
69
Form 88.
Order for Custody of Bastard,
LEEWARD ISLANDS,
Disrricr es
IN THE MAGISTRATE’S COURT.
The day of a 19
It having been shown to this Court that
the mother of a certain bastard child of which
was adjudged to be the putative father, on the day of
19 , is dead (or is of unsound mind, or
confined in Her Majesty’s Prison at : ), it is ordered
that , of
shall have the custody of such bastard child (or) and
having on the - day of 19 , been appointed
by this Court to have the custody of the said bastard child, such
order as aforesaid is hereby revoked, and it is ordered that
shall have’ the custody of the said bastard child.
(Signed)
District Magistrate.
Seal).
70
Form 34
Reference in Salvage Dispute.
An agreement made the day of 19 ;
between , hereinafter called the
owners, of the one part, and , hereinafter
called the salvors, of the other part.
. #
Whereas a dispute has arisen in this Colony between the owners
and the salvors as to the amount of salvage payable to the said salvors
in respect of salvage services performed by the said salvors on the
day of 19.: 2 jfor the: “*
(or for certain cargo ex “ - ,†or as the case may be).
And whereas the said owners and salvors cannot agree as to the
said dispute;
And whereas the sum claimed by the said salvors does not
exceed $240; .
And whereas the matter in dispute is as follows:—
(Here set out the contention on behalf of the owners and of the
-salvors. ) : ae
Now it is hereby agreed by and between the said owners and
salvors that the said matter in dispute shall be referred to. the
arbitration of , the Magistrate for
District , and it is further agreed that the
costs of the said arbitration shall be in the diseretion of the said
magistrate (or as the case may be).
(Signed)
Lodged in Court this day of 19,
(Signed) .
Magistrate for District , or
Clerk to. the Magistrate for District :
Inporsiuent of Exrension or Time.
I hereby extend the time for the making of my award herein
until the - day of 19
: (Signed)
Magistrate for District rans
7,
71
Form 365.
Award in Salvage Claim.
LEEWARD ISLANDS,
District :
IN THE MAGISTRATE’S COURT.
In the matter of a salvage claim
Between :
(hereinafter called the owners)
and
(hereinafter called the salvors)
Whereas a dispute has arisen in this Colony between
_, the owners, and ;
the salvors, as to the amount of salvage, payable to the said salvors in
respect of salvage services performed by the said salvors on the
day of 19 , for the “ e
(or for certain cargo ex “ †or as the case may be).
And whereas the said owners and salvors, being unable to agree as to
the said dispute, and the sum claimed by the said salvors not exceeding
$240, have agreed by an agreement dated the day of
19 , to refer the said matter in dispute to the arbitration of me, the
undersigned Magistrate for District -, - And whereas it was
further agreed that the costs of the eaid arbitration should be in my
discretion (vr as the case may be). And whereas on the day of
19 , by writing under my hand I enlarged
the time for the making of my award until the day of
19
Now I, the said undersigned Magistrate for District :
do hereby muke and publish this my award as follows:—
(Here set out the particulars of the award)
(And I order the said to pay the
costs of the said 2
Given under my hand this day of 19 :
: (Signed)
District Magistrate.
Form 36.
Transmission to Supreme Court of copy of Proceedings in Salvage Claim.
LEEWARD ISLANDS, |
DisTRIcT
IN THE MAGISTRATEH’S COURT.
To the Registrar of the Supreme Court in the Circuit of
In the matter of the claim of
of , for salvage in respect of the
†(or of the cargo ex *' A
or as the case may be).
Heréwith I have the honour to transmit, to you, under the
provisions of the Magistrate’s Code of Procedure Act (Cap. 61)
section 149, the following documents:—
1. A certified copy of the proceedings had before me herein;
. 2. A certified copy of the award made by me herein;
3. A certificate of the gross value of the
respecting which salvage is claimed.
_ Dated this - day of : 19
(Signed)
District Magistrate.
73
: Farin 37.
Summons to Appear.
LEEWARD ISLANDS,
District “ pad )
IN THE MAGISTRATE’S COURT (Civiz Srpz).
SUIT No. of 19
Boe OB a) aga ata Bie, Rebbe as Beane alate ae Plaintiff
BETWEEN | nal
EERE ae NC Ru Sea SEA Defendant
To the defendant herein:
You are hereby summoned to appear before this Court, sitting
at , on the day of
19 , at the hour of o'clock in the
noon to answer the plaintiff’s claim, particulars of which are
hereto annexed.
Anp Taker Noticr that if you fail to appear as aforesaid, the
Court may proceed in your absence to judgment and execution.
Dated this day of 19
District Magistrate
District
0
14
fhis summons was served LEEWARD ISLANDS PARTICULARS OF
upon the within named CLAIM.
DISTRICT ‘“ “ :
( )
In the Magistrate's Court. THE PLAINTIFF
CLAIMS
by (Civil Side.)
Suit No. of 19
at on
Versus.
the day of 19
By SUMMONS TO APPEAR.
Bailiff. =
: Summons
Sworn to this day of :
Service
: 19 , Before
me Mileage
District Magistrate,
District Total
oF
ot
Form 38.
Summons to Witness.
LEEWARD ISLANDS,
PRESIDENCY OF ANTIGUA.
DIsTRICT ; ( )
IN THE MAGISTRATE’S COURT (CIVIL SIDE).
Suit No. " Between ; Plaintiff,
of 19 and Befonaaat
To | of
You are hereby required to attend before this Court, sitting at
on the
day of , 19 , at the hour of
in the noon, to give evidence in the above cause on behalf of the
Dated the day of 5g
District Magistrate.
THIS Summons was served by me on LEEWARD ISLANDS.
the
within-named Witness DISTRICT fe a
by. IN THE MAGISTRATE’S COURT.
at (CIVIL SIDE).
on the day of No. a OfelO
19 err See ee
‘Plaintiff
and
Bailiff. Defendant.
Summons to Witress.
}
To appear the 19
‘FEES PAID..
$ Cs.
Summons
Service
TOTAL $
77
Form 39.
Judgment.
LEEWARD ISLANDS,
DISTRICT
IN THE MAGISTRATH’S COURT. (Civil Side)
Between ; plaintiff '
(Address, :
Description).
and , defendant.
(Address.
Description.)
It is adjudged that the "pay to the
(the sum of $ and)
the sum of g : for costs (by instalments of $
for every | days, the first instalment to be paid) forthwith
(or on the day of | 19 ), and*in default
of payment, that the sum due be levied by scizure and sale of the
goods.
Dated this day of 19
(Signed) ,
District Magistrate.
Form 40.
LEEWARD ISLANDS,
Judgment Swmmons.
DIstRIcT
iN THE MAGISTRATE’S COURT. (CIVIL SIDE.)
Suit No. of 19
Plaintiff.
Between and
Defendant.
To the above named defendant or plaintiff.
The plaintiff or defendant obtained a judgment against you the above
named defendant or plaintiff, before this Court on the day
of , 19 for the payment of $
And you, having made default in payment of the said sum, are
_hereby summoned to appear personally before this Court: sitting at
in the said District, on the
day of 19 , at the hour of in the
noon to be examined on oath touching the means you have, or have
had since the date of the judgment to. satisfy the sum payable in
pursuance of the said judgment, and also to show cause why you
should not be committed to prison for such default.
Dated the day of aa
District Magistrate.
\
Amount of judgment and costs
Costs of distress against the goods
Amount paid
Dediict Instalments which were not
required to have been paid
—- | before the date of the sum-
mons a
Sum Payable
Costs of this Summons
Total amount due up to date $ ...
79
This summons was duly served Leeward Islands.
upon the within named District
by IN THE MAGISTRATE’S
a true Copy COURT.
thereof at
(Crviz S1pz.)
on the
Suit No. of 19
day of 19
By me
Bailiff’.
vs.
Sworn to this day of
19
Before me : tee =
JUDGMENT SUMMONS.
District Magistrate,
District.
(Form 40.)
80
Form 41. OrpDER OF COMMITMENT.
LEEWARD ISLANDS,
: DistRIcT ;
IN THE MAGISTRATE’S COURT, (Crvm Sinz).
Suit No. peor 2 : Plaintiff.
and
Between
Defendant.
To the Bailiff of this Court, and to the Superintendent/Keeper of Her
Majesty’s Prison at in the Presidency of
The plaintiff or defendant obtained judgment against the
defendant or plaintiff before this Court on the day of
19 , for the payment of $
And the defendant or plaintiff has made default in payment
of the said sum, and the defendant or plaintiff having been duly
summoned to show cause why should not be committed to prison
for such default.
And it being now proved that the defendant now has, or has
had since the date of the judgment, the means to pay the sum then due
and payable in pursuance of the judgment, and has
to pay the same, and has shown no cause why
should not. be committed to Prison:
Ir Is orpERED that the defendant or plaintiff be committed
to prison for days, unless sooner pay the said sum
and costs stated below as that on the payment of which is to be
discharged.
And yon the said Bailiff, are hereby required to take the
defendant or plaintiff and to deliver : to the
Superintendent/Keeper of Her Majesty’s Prison at
aforesaid, and you the said Superintendent/Keeper, to receive the
defendant or plaintiff, and there keep
for days from the arrest under this order, or until
is sooner discharged by due course of law.
Dated the day of | 19
Es District Magistrate.
$ ¢c
Total sum due at the time of hearing judgment summons
Costs of this order
Total amount on payment of which defendant will be
discharged $
(‘Tp wI10q)
LEEWARD ISLANDS
District
IN THE MAGISTRATE’S
COURT
(Civin SIDE.)
Suit No. of 19
ORDER OF COMMITMENT. -
&
By virtue of an order [
arrested the within named
at on the
day of 19
at o'clock in the noon,
and conveyed to the Prison
at the of ‘and
there delivered to the Super-
intendent/Keeper thereof; the said
being then
BAILIFF.
Received at the Prison at
o’clock =. m. on the
day of 19
Superintendent/Keeper.
18
82
Form 41a.
Summons to Detaulting Debtor.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT. (Civil Side)
Suit No: of 19
BETWEEN 2 Plaintap.
and
Defendant.
- To the above named Defendant.
WHEREAS the Plaintiff obtained an Order against you the
above-named Defendant before this Court on the day of
19 , for the payment of $
(debt or damages and costs) by
instalments of $ the first of the said instalments to '
be paid on the _ day of 19
AND you having made default in payment of $
payable in pursuance of the said Order, are hereby summoned to
appear personally before this Court sitting at
in the said District, on the day of 19 ?
~ at the hour of in the forenoon to be examined on oath
touching the means you have, or have had since the date of the said
Order to satisfy the sum payable in pursuance of the said Order,
AND ALSO to. show cause why you should not be committed to
prison for such default.
Dated this day of 19
a
District Magistrate
DYSURUC Fac tease cones
83
Form 41b. i
Complaint to vary etc. order for inti by Instalments.
LERWARD ISLANDS,
District :
IN THE MAGISTRATE’S COURT,
The day of 19
Between , Plaintiff ;
* and , Defendant.
AB “hereinafter called the Jatementtebton
judgment-creditor
states that by an
order duly made on the day of 19 under
the me Act by the Magistrate’s Court sitting
at in the District - in. the Presidency
of the judgment debtor was ordered [state
shortly the terms of the original order and mention any subsequgnt order
and the effect thereot |
Readies: judgment-debtor
- judgment-creditor
the said order should be varied or altered by an order requiring
now applies that [the payments under |
on the ground that
Taken before me
District Magistrate.
84
Form 41C. ‘
Summons to vary elc. order for payments by Instalments.
_ LEEWARD ISLANDS,
\
District
IN THE MAGISTRATE’S COURT.
To of
Complaint has this day been made by C.D.
(hereinafter called the complainant) that by an order duly made on the
day of 19 under the
Act by the Magistrate’s Court sitting at in District
in the Presidency of you were ordered
| state shortly the terms of the original order and mention any subse-
quent order and the effect thereof |.
And the complainant applies that the [payments under the] said
order should be varied or altered by an order. requiring
on the ground that
You are hereby summoned to appear before this Court sitting at
on the day of
19 at o'clock in the noon to answer the said
complaint.
Dated this day of 19 |
Distriot Magistrate.
85.
Form 41D.
Ordsr varying etc. Order for Payments by Instalmenis.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
The day of 19
Complaint has been made by C.D. (hereinafter
called the complainant) that by an order duly made on the
day of Be - under the Act
by the Magistrate’s Court sitting at in District
in the Presidency of you were ordered
[state shortly the terms of the original order and mention any subse-
quent order and the effect thereof |.
And the complainant appliss that the [payments under the] said
order should be’varied or altered by an order requiring
on the ground that
It is hereby adjudged that the said complaint is true and [cause
being shown upon fresh evidence to the satisfaction of this Court] it is
hereby ordered that the [payments under the] said
order be varied or altered as follows:
Dated this day of 19
District Magistrate.
86
Bes Certificate for Release of Judgment Baber.
LEEWARD ISLANDS,
District Lag
IN 'THE MAGISTRATE’S COURT (Civil Side).
Between , plaintiff
(Address.
Description.)
and , defendant.
(Address.
Description.)
To the Superintendent/Keeper of Her Majesty’s Prison at
Thereby certify that the defendant (07 plaintiff) who was com-
mitted to your custody by an order of commitment, dated the
day of so , has paid the sum mentioned in the |
said order as that upon payment of which he would be discharged, and
may in respect of the said order be forthwith discharged.
Dated this day of 19
(Signed)
District Magtstr ate.
87
From 48.
Writ of Execution.
LEEWARD ISLANDS,
District ( )
IN THE MAGISTRATE’S COURT. (CIVIL SIDE.)
BruTWREN
Suit No.
Plaintiff.
of 19
and
: Defendant.
To , the
Bailiff of this Court:
On the day of 19 — , it was ordered
by this Court that the defendant ov plaintiff should pay ‘to the plaintiff
or defendant the sum of $ and $ ;
costs forthwith (o7 on the day of 19
and in default the sums due thereunder should be levied by distress
and sale of the defendant’s o7 plaintiff's goods; and default having been
made, you are hereby commanded forthwith to seize the goods of -the
said defendant or pli intiff (except the wearing apparel atid | bedding of
him and his family, and, to the value of $24, the tools and implements
of his trade); and if within the space of five clear days next after the
making of such eaante, the sum stated at the foot of this Writ, to be-
levied, together with the reasonable charges of executing this Writ, be
not paid, then to sell, the said goods, and pay the money arising there- ~
from to this Court, and if no such goods can be found, to certify the
same to this Court.
Dated the _ day of hy
District Magistrate.
Amount adjudged ¢
Paid
Remaining due
Costs of issuing this writ
Total amount to be levied §$
LEEWARD ISLANDS. 19
Distrior Lodged this day of
( oe 16 at
In the Magistrates’ Court. ’
(Civil Side.) oceck
To the Bailiff: ee Bailiff.
. a Plaintiff. a
Levy for the within mentioned
and
eG - $ Defendant.
EXECUTION.
-Amount Adjudged $
Paid
Remaining due
Costs of Execution...
Total to be levied $
Dated the day of 19
88
89
Form 44. Notice of Appeal.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
Between -, appellant;
and » respondent,
To
Take notice that I, the undersigned
, of , do intend
to enter and prosecute an appeal to a Judge of the Supreme Court,
sitting in the Summary (or Circuit) Court in this Presidency, to be
holden in the month of 19 , against a certain
order (conviction or judgment) bearing date the day of
, 19 ~ , and made by the Magistrate for
District
And that the reasons for my appeal are as follows:—
(Here set forth the reasons for which the appellant relies.)
Dated this day of ae
(Signed)
50
Form 45. Recognizance to Prosecute Appeal.
LEEWARD ISLANDS,
District “ ba ( )
IN THE MAGISTRATE’S COURT.
Br 1T ReMEMBERED that on the day of |
19 ; Tees of
and of
and of
' personally came before me the under-
signed Magistrate for the said District, and severally acknowledged
themselves to owe to our Sovereign Lady the Queen the several sums
following, that_is to say, the said
the sum of - Dollars and the said -
the sum of Dollars, and the
said the sum of
Dollars, each of good and lawful money of
the Leeward Islands, to be made and levied of their several goods and
chattels, lands and tenements, respectively to the use of our said Lady
the Queen her heirs and successors, if he the said
shall fail in the condition hereunder written.
TAKEN AND ACKNOWLEDGED the day and year first above
mentioned at in the said District.
. Before me,
District Magistrate.
THE Conpition of the above written Recognizance is such
that if the said shall enter
and prosecute an Appeal to the Judge of the Supreme Court who shall,
after the expiration of Fifteen Days from the day of
: oiake , first hold a Sitting of either a Circuit
Court ora Court of Summary Jurisdiction, in the Antigua Circuit,
'- against a certain ' ~ bearing date the said
day of he , and made by me the said Magistrate.
AND FouRTHER that if he the said
shall abide by and duly perform the
order of the Court to be made upon the trial of such Appeal, then the
said Recognizance to be void, or else to remain in full force and virtue.
District Magistrate.
‘Cp WOT
LEEWARD ISLANDS.
DISTRICT: “ eB
eras dams wees mai entnecene esas )
In the Magistrate’s Court.
ees
ede.
Us.
Cece reese rer eeSeeresoes:seenesessene
RECOGNIZANCE TO
PROSECUTE APPEAL.
92
Form 45A. Application to Magistrate io State a
; “Special Case.
LEEWARD ISLANDS,
DistRicv ;
IN THE MAGISTRATE’S COURT.
To : fai ae
District Magistrate.
Whereas an information. (or complaint) wherein A.B. was
informant (or complainant) and I the undersigned was defendant (or as
the case may be) was heard before and determined by you, the said
- Magistrate for District in the Presidency of
on the day of 19 . And whereas I the
undersigned ain dissatisfied with your determination upon the hearing
of the said information (or complaint) as being erroneous in point of
law (or as being in excess of jurisdiction): “Now, therefore, I the
undersigned in pursuance of the provisions of the Magistrate's Code of
Procedure Act (Cap. 61) do apply to you ihe said District Magistrate
and do hereby require you to state and sign a case setting forth the
facts and grounds of your said determination, for the opinion thereon
of a Judge of the Supreme Court.
Dated this day of aig
CBIDUGO iar sca sav sitios saves vase SoaN Miles Cediees sy atwentaiipes eal oct Sister
Applicant Place of Abode.
Form 46. Receipt for Deposit of Money as. Security
tor Costs of Appeal.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE'S COURT.
Received from 5108
, the sum of $ ‘
which is this day deposited as security that ;
of , Will prosecute an appeal from
the conviction (or order or judgment), dated the day of
19 te , Magistrate for the said District, and
will abide the judgment thereon ‘of the Court to which the appeal is
made, and pay any costs awarded against him by such Court.
This day of ele
(Signed)
District Magistrate.
ae 93
Form 47, Appellant's Notice that he will
call Witnesses.
Between :
of , appellant;
and ’
of , respondent.
To
Take notice that [ intend to call the following witnesses at the
hearing of the appeal herein. That is to say,
9.
, of ;
» of ;
of :
And that. the substance of the evidence they will give is as
follows:
(Here set out the substance of the evidence to be given by the witnesses).
Dated this day of : woke
(Signed)
Form 48. Special Case stated by Magistrate.
LEEWARD ISLANDS,
District
In the matter of an appeal from the Magistrate of District :
Between , appellant;
and , respondent.
This is a case stated for the opinion of the Judge of the
Supreme Court, sitting in the Circuit 07 Summary Court to be holden
at , in the month of ;
19 , by the undersigned Magistrate for District » pursuant to
The Magistrate’s Code of Procedure (Cap. 61) Act of the
Leeward Islands, and the case is as follows:—
(Here set out in numbered paragraphs the matter from its commencement
by information, complaint, or summons to the adjudication, with the
material facts proved, and such of the contentions on either side as will
raise the point intended to be submitted, and conclude as follows:)
If the Court is of opinion that
then the conviction (or order, or judgment) shall be confirmed.
But if the Court is of the contrary opinion, then the convic-
tion (order or judgment) shall be set aside.
This day of 7 49 >
(Signed)
“. District Magistrate.
94:
Form 49. - Notice of Filing of Special Case.
In the matter of an appeal from the Magistrate of District .
, appellant;
and ; » respondent.
To
Take notice that this day there was filed and set down for
hearing, before the Summary (or Circuit) Court to be holden at
, in the month of ’
19 , a special case herein stated by — > ’
the Magistrate for District
This day of - sate -
(Signed)
Registrar for the Circuit of
Form 50. Certificate. of the Registrar that the Costs of
an Appeal have not been paid.
I hereby certify that at the Circuit (07 Summary) Court,
holden at , on the day of
19 , an appeal by 3 against a.
conviction (o7 order, o7 judgment) of the Magistrate for District
sitting at , dated the day of
19 , was heard and determined. And that it was thereupon
ordered that the said conviction (07 crder, or judgment) should be
confirmed (or set aside), and that the appellant (or respondent) should,
on or before the day of 19 , pay to me the
sum of $ for the respondent’s (07 appellant’s) costs of
the said appeal.
And I further certify that the said sum for costs has not
been paid.
Dated this day of sab0
(Signed) _
Registrar for the Circuit of
95
Form 51. Notice to Mayistrate of Result of Appeal.
To the Magistrate for District
This is to give you notice that on the day of ;
19 , the appeal from your decision given on the day of
5 49 , in the matter of
v. , was heard on appeal by The Honourable
sitting in the Summary (or Circuit) Court,
and that the conviction (or order, o7 judgment) was confirmed (07 set
aside).
Dated this day of » a9 :
(Signed)
Registrar for the Circuit of
Form 52. Deposition that a Person is a Material Witness.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
The deposition of , taken on oath
(or affirmation) this day of * 10°. -., whowaith
that , of ce
is likely to give material evidence touching a certain matter now pending
before the Court between and
ad :
And that this deponent verily believes that the said
will not appear voluntarily for the purpose of
being examined as a witness (07 without being compelled so to do)
(or eon ;
having been duly served with a summons personally, (or by the same
being left at his last (07 usual) place of abode) to appear this day at this
Court to give evidence in the case of v.
, has failed to appear as required),
Sworn before me the day and year first abovementioned.
(Signed)
District Magistrate.
96
Form 53. Summons to Witness.
LEEWARD ISLANDS.
Disrricr.
IN THE MAGISTRATE’S COURT.
To
of has
been charged with committing an Offence under Section of
You are therefore hereby summoned to appear before this
Court, sitting at
on the day of 19 , at tho hour of
in the forenoon, to testify what you know in such matter.
Dated the day of 19
District Magistrate.
Form 54. Warrant for Apprehension of a Witness.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
To each and all of the Peace Officers of the Leeward Islands.
You are hereby commanded to bring e ;
of : , before this Court, sitting at
forthwith (or on the
day of | , at the hour of in the noon),
to testify what he knows concerning the case of
v.
Given under my hand this day of vole
(Signed)
District Magistrate.
(Seal)
97
Form 55. Commitment of a Witness
LEEWARD. ISLANDS,
DIsTRIcT
IN THE MAGISTRATEH’S COURT.
Yo each ‘and all of the Peace Officers of the Leeward Islands, and to
the Superintendent/Keeper of Her Majesty’s Prison at
You, the said Peace Officers, are hereby commanded to take
safely to the said prison, and there deliver
him to the Superintendent/Keeper thereof, together with this warrant.
And you, the Superintendent/Keeper of the said prison, to receive him
into your custody, and keep him for the space of
unless he in the meantime consents to be examined and to answer in ihe
“matter of
v.
Given under my hand this. day of 19 :
(Signed)
District Magistrate.
(Seal)
Form 56. Deposition taken out of Court.
LEEWARD ISLANDS, :
DistTRIcT
The deposition of
Taken on‘oath (or affirmation) at
by reason that
on the Gayeok:.-; st SBD , in the presence of
And the said | : says that
Sworn before me this day of 19 oe
(Signed)
District Magistrate.
98
~
(e Notice to Defendant that a certain Deposition
will be taken out of Court.
LEEWARD ISLANDS,
Form
DistTRICT
IN THE MAGISTRATE’S COURT.
To of
Take notice that the deposition of ; jl
who is : , will be taken at
Gx the day of pated eee , at the hour of
in the noon. i
Dated this day of +: Eig
(Signed)
Form -58. OrDER TO BRING UP PRISONER FoR THE EXAmtI-
NATION OF A WITNESS ovT oF CouURT,
LERWARD ISLANDS,
DIstTRICT
IN THE MAGISTRATE’S COURT.
- To the Superintendent/Keeper of Her Majesty’s Prison at
You are hereby ordered to bring ;
now in your custody, before me at on the
day of fod , at the hour of
in the noon, and on the conclusion of the proceedings to take him
back to the said prison, and there detain him in accordance with the
warrant held by you in that behalf.
Given under my hand this day of 2 | , 19
(Signed)
Mstrict Magistrate.
: (Seal)
99
Form 59. Orprer or RecogNIzANCE 10 KEEP THE PEACE.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
The day of yald
On the complaint of . , that
hereinafter called the defendant, did on the day of ;
19 ,» at
It is petals adjudged that the defendant do forthwith to the
satisfaction of , enter into a
recognizance in the sum of $ , with
surety, in the sum of $ (each), to keep the peace, and to
be of good behaviour towards Her Majesty and all her liege jeople,
and especially towards , the complainant,
for the term of next ensuing.
And itis adjudged that if the defendant fail to comply with
this order, he be imprisoned in Her Majesty’s Prison at
for the space of , unless he sooner complies with
‘this order.
(/f costs are ordered, add: And it is ordered that the
defendant pay to the complainant the sum of $ , for costs
forthwith (or on the day of 519 ;
And in default of payment, it is ordered that the sum. due be levied by
distress and sale of the defendant’s goods, and in default of sufficient
distress, that the defendant be imprisoned in the said prison, and there
kept (to hard labour) for the space of (commencing *
at the termination of the imprisonment before ordered), unless the said,
sum (and all costs and charges of the (said distress an d)
commitment, and of his conveyance to the:said prison), be sooner paid )
(Signed)
District Magistrate.
(Seal)
100
Form d59A. CERTIFICATE oF RECOGNIZANCE HAVING
BEEN ENTERED INTO,
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
To the Superintendent/Keeper of Her Majesty’s Prison at :
A.B. being now in your custody under a warrant of the
District Magistrate’ s Court sitting at in the
Presidency of , dated the day of
19 : It is hereby certified that the suret referred to
in the said warrant h duly entered into a recognizance before the
above Court sitting at in the Presidency of
[or before me].
You are therefore authorised and required to take the recog-
nizance of the said A.B., if not already taken, aad to discharge him/
her forthwith, if held for the cause stated in the said warrant and no
_ other.
Dated this day of 19
District Magistrate.
or
District Magistrate, Clerk of Magistrate, or Superin-
tendent. of Police or other officer of Police or
constable in charge of police station,
101
Ferm 5OB. CERTIFICATE oF AMOUNT AND ConDITION
OF KECOGNIZANCE
LEEWARD ISLANDS,
Districr .
IN THE MAGISTRATE’S COURT. :
A.B, (hereinafter called the defendant) was, on the day
of , committed by the Magistrate for District
sitting at, to Her Majesty’s Prison at
charged with (or convicted of) (naming the offence shortly) (add if
notice of appeal has been given,’ or app Menton made for a case to
be stated).
[And has given notice of appeal, or applied for a case to be stated ].
I hereby certify that the said Court has consented to the
defendant being bailed by recognizance, himself/t lerself in
and (07 has fixed the amount of the recognizance to be entered into by
the defendant at "with
suret ~ in (each),
conditioned for the appearance of the defendant
at the said Court on the day -of at the hour of
in the noon (0) at every time and place to which during
the course of the proceedings against the defendant the hearing may be
from time to time adjourned, unless the court shall order otherwise in
the meantime). (or the appearance of the defendant
at the next Circuit Court at to, take his/her
trial, (07 to prosecute an appeal against his/her conviction.) (or the
prosecution without delay by the defendant of an appeal to the Supreme
Court against his/her conviction and for the appeirance of the defendant
before the said District Court within ten days after the judgment of the
superior court shall have been given, to abide such judgment, unless
the determination appealed against be reversed.)
(or the defendant keeping ‘the peace and being of good behaviour for
the term of from the date aforesaid.)
‘Dated this day of 19
Clerk of the said District Court,
102
Form 60. RECOGNIZANCE iN THE CASE OF AN
ACCUSED PERSON.
LEEWARD ISLANDS,
DistRicr -. ( )
IN THE MAGISTRATE’S, COURT.
Wr, the undersigned, severally acknowledge ourselves to owe to Our
Sovereign Lady the Quecn the several sums following, namely :—
a
Perit SPs de hie cag Sia sene sks cs EN isilewilcs6s Gla vk vOi web digy Saas SESE COE
Name of Principal
TT ETT ee ee ee ee ee Cree mee eee get e ves see ree see Fogres coe FOe BOE THe BO8
Address } Profession or Culling
4
us principal, the sum of $ ;.and
of and
of
aa sureties, the sum of $ each to be levied of our several
goods, lands and Tenements,: if the said prineipal fail in the condition
hereunder written.
Taken before me at
the day of 19
~ District Magistrate.
CONDITION.
The condition of the ubove recognizance is such that if the
above bounden principal shall appear before the Court sitting at
of , in the Presidency of , in the month of
19 , and at any adjourned hearing thereof to answer the charge
made against by
and to be dealt with according to law, and not depart the Court without
leave, then this recognizance shall be void, but otherwise shall remain
in full force.
(‘09 twu07)
LEEWARD ISLANDS.
DIsTRICT
IN THE MAGISTRATES’ COURT.
Recognizance of
to appear for trial
- SOL
104 |
Form 61. RECOGNIZANCE IN THE CASE OF PROSECUTOR
OR WITNESS.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
I, the undersigned, acknowledge myself to owe to Our
Sovereiyn Lady the Queen the sum of $ , to be levied of
my goods, lands, and tenements, if I fail in the condition hereon
endorsed.
(Signed, where not taken orally) xX
Taken (orally) before me,
This day of , 40 ;
: (Signed)
: District Magistrate.
The condition of the abovementioned recognizance is such
that if the above bounden appears before the
Circuit Court sitting at , In the month of
, 19 , and then and there prosecutes (or gives
evidence, or prosecutes and gives evidence) in the charge made by
against
then this recognizance shall be void, but otherwise shall yemain in
full forces.
105
Form 61.\. RECOGNIZANCE TO KEEP THE PEACH.
LEEWARD iSLANDS,
District
IN THE MAGISTRATE’S COURT.
The undermentioned persons severally acknowledge them-
selves to owe to our Sovereign Lady the Queen the several sums
following, namely:
oO?
of
as principal, the sum of
, and
of
and
of ;
as suret the
sum of
(each) to be levied on their ceveral goods, lands,
and tenements if the said principal fail in the condition hereon
endorsed.
(Signed where not taken orally) AxB:
Gadd,
dae
Taken (orally) before me this day of £9
District Magistrate
Clerk of the Magistrate
Superintendent of Police or
other officer of Police or
constable in charge of police station.
CONDITION.
The condition of the above recognizance is such that if the
above bounden principal shall keep the peace and be of good
behaviour towards Her Majesty and all Her liege people, and espec-
ially towards for the term of
now next ensuing, then the said recognizance shall be void but
otherwise shall yemain in full force,
106
Form 62. Nortick or REcoGNIZANCE TO ACCUSEL
(MaaisTRaTE’s Court.)
LEEWARD ISLANDS.
District (St )
IN THE MAGISTRATE’S COURT.
Take notice that you : are bound
in the sum of $ _as Principal, and you
and
in the sum of $ each as Sureties, that you the said Princi-
pal will appear before this Court sitting at in the
said District on the day of , 19 at the hour
of in the Book, and at every other time and place to which
the hearing of the case may be from time to time adjourned, to
answer to the charge made against you by
and be dealt with according to law.
_ And unless you (the said Principal) appear accordingly, the
said sums will forthwith be levied on you (severally).
Dated the day of 19
District Magistrate.
District :
Form 624A. Notice or Recoenizance to Prosucure
AND GIVE EVIDENCE.
Taxs Norricy that you _
are bound in the sum of $ that you will appear before
the Circuit Court sitting at the City of St, John in the month of
tnext to prosecute and/or give evidence in the charge
made against by
And unless you appear accordingly the said sum will forthwith be
levied upon you.
Dated the day of 19
District Magistrate,
For District
107
Form 62B. Notice or Rxcoenizance To Kerp THe Pract.
Taxn Noricr that you
are bound in the sum of $ as Principal, and you
and
in the sum of $ each us sureties, that you (the said Principal) will
keep the peace and be of good behaviour towards Her Majesty and all Her
liege subjects, and especially towards one ;
for the space of now next susie:
And unless vou (the said Principal) keep the peace and be of good
behaviour accordingly, the said sums will forthwith be levied on you
(severally).
- Dated the day of 19
Distriot Magistrate,
District
Form 63. Summons FOR ForrErture oF RECOGNIZANCES.
LEEWARD ISLANDS,
DisrricT
IN THE MAGISTRATE’S COURT.
To 5
You are hereby summoned to appear before this Court sitting
at é , on the day of
19 ~~, at the hour of in the noon, to show
cause why the recognizance entered into the day of
a; whereby you are bound to pay the sum of $ should not. be
adjudged to be forfeited.
Dated this day of 18
(Signed)
District Magistrate,
_ (Seal)
108
Form 64. Conviction (ForFetrep RECOGNIZANCE).
LEEWARD ISLANDS.
District
IN THE MAGISTRATE’S COURT.
The day 19 ‘
, hereinafter
called the defendant, was by his recognizance entered into the
day of , 19 , bound in the sum of $
and his sureties,
and j
in the sum of $ - each, the condition of the recognizance
being that the said defendant should
And it being now proved that the defendant was on the
day of : sal9 , convicted of the offence of having
the same being a breach of the said condition;
It is therefore adjudged the said recognizance be forfeited, and
that the said " pay
to
the sum of $. , and the further sum of § for
costs (by instalments of $ for every ; , days,
sa first instalment to bs paid) forthwith (or on the day of
And in default of payment, it is ordered that (the sums due
from the said under
this adjudication be levied by distress and sale of his goods, and in
default of sutlicient distress, that) he be imprisoned in Her Majesty’s
prison at St. John’s and there kept (to hard labour) for the space
of , unless the said sums (and all costs and charges of
the (said distress and) commitment, and of his conveyance to the. said
prison), be sooner paid, ;
District Magistrate,
\
109
Form 65. Summons To Vary SURETIES.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
to of
| You are hereby summoned th appear before this Court sitting
at , on the
. day of « 19 , at the hour of in the noon
to show cause why the order made by this Court on the
day of ,19 » against : , to find
sureties, should not be varied or otherwise dealt with.
Dated this day of , 19
(Signed)
District Magistrate.
(Seal)
Form 66. InporsemEnt or Forrerrurn or REcoGNizancn. °
LEEWARD ISLANDS,
District.
IN THE MAGISTRATE’S COURT.
The within-mentioned principal not having complied with
the said condition, this Court adjudges the withir-written recognizance
to be forfeited.
Dated this day of yao
(Signed)
District Magistrate.
(Seal)
110
Bones 67. INDORSEMENT MITIGATING ForretruRe, &c.
LEEWARD ISLANDS,
Districr
IN THE MAGISTRATE’S COURT.
The within-mentioned recognizance having been adjudged
to be forfeited, and “having applied to
this Court to cancel (or mitigate) such forfeiture, and having given
security to the satisfaction of this Court for the future performance of
the condition of the said recognizance, and having paid (or given security
for payment of) the costs incurred in respect of the forfeiture thereof
(or insert such other condition as the Court may think just).
‘
Therefore the said forfeiture is hereby cancelled (or mitigated
to the sum of $ ys
‘Dated this day of sed :
(Signed)
; District Magistrate.
(Seal)
Form 68. Snourity For Fine.
LEEWARD ISLANDS.
District
¢
IN THE MAGISTRATE’S COURT.
, hereinafter called the defendant, was this day (or on
the day of Lg 9 convicted before this Court
and ordered to pay the sum of $ ; (by instalments of $
-for every days, the first instalment to be paid) forthwith
(or on the day of 19 +), and to give security
for the due payment thereof.
Now, therefore, the defendant and his sureties,
of
and
of
hereby undertake that the defendant will pay the sum sdjadines at the
time and in the manner thereby directed, and hereby severally acknow-
Tid
ledge themselves severally bound to forfeit and pay the sum of
"
$ to this Court in case the defendant fails to perform this
undertaking.
Signed, where not taken orally,
x
-
Taken (orally) before me, x
This day of a9
(Signed)
District Magistrate.
Form 69. SECURITY TO PERFORM CONDITION OF
FoRFEITED RECOGNIZANCE.
LEEWARD ISLANDS,
DIstRIctT
IN THE MAGISTRATE’S COURT.
, hereinafter called the defendant, was by his
recognizance entered into the day of 19 =, bound
in the sum of $
And the said recognizance has been adjudged to be forfeited,
but. the said defendant has applied to this: Court to cancel (or mitigate)
the forfeiture. _
Now, therefore, the defendant and his sureties,
of +
and
of ‘
hereby undertake that the condition of the said recognizance shall be
duly performed (and that the said shall on or
before the day of pay the sum of $
for costs incurred in respect of the said forfeiture), and hereby severally
acknowledge themselves severally bound to forfeit and pay the sum of
in case the said defendant fails to perform the condition of
the snid recognizance.
Signed, where not taken orally, eae
ww
Taken (orally) before me,
The day of , 19
(Signed)
District Magistrate.
l 112
Form 70. Notice To PrincipaL oF FORFEITURE
or Security.
LEEWARD ISLANDS,
District
IN THE MAGISTRATE’S COURT.
To
of
Take notice that you have forfeited the sum of $ : for
which you were bound by your undertaking entered into the day
of ute / and-that unless you pay that
sum to
at , on or before the day of LO ae
a warrant of distress will be issued for the recovery thereof.
Dated this day of pane
(Signed)
District Magistrate.
Form 71. ORDER VARYING OrpDER For SuRETIEs.
LEEWARD ISLANDS,
DIstRIcT
IN THE MAGISTRATE’S COURT.
: , hereinafter called the defendant, has been, under
a warrant of commitment dated the day of Eos oe
issued by this Court, committed to prison for default in finding
suret, in the sum of $
Upon further consideration, it is now ordered that the amount
in which the suret _ of the defendant are to be bound be
reduced to $ (or the obligation of the defendant to find suret
be dispensed with).
Dated this day of a,
(Signed)
District Magistrate.
(Seal)
113
Form 72 WarRANT OF DISTRESS
LEEWARD ISLANDS,
District :
IN THE MAGISTRATE’S COURT.
To each and all the Peace Officers of the Leeward Islands.
, hereinafter called the
defendant was, on the day of 19 ;
ordered to pay
the sum of $ and the sum of $ for costs,
under section of Act No. of
And it was further ordered that in default of payment the said sums
should be levied by distress and sale of the defendant’s goods, and in de-
fault of sufficient distress that the defendant should be imprisoned in
Her Majesty’s Prison at - in the said Presidency, and there
kept for the space of
unless the said sums and all costs and charges of the said distress and
commitment and of conveyance to the said Prison should be sooner
paid:
And default having been made in payment; you are hereby com-
manded to forthwith make distress of the goods of the defendant, except
the wearing apparel and bedding of him and his family, and, to the value
of twenty ‘four dollars, the tools and implements of his trade; and if
within the space of five clear days next after the making of such distress,
unless he consents in writing to an earlier sale, the sums stated at the foot
of this Warrant; together with the reasonable costs and charges of the
making and keeping of the said distress be not paid then to sell the said
goods, and after deducting the expenses of the sale, pay so much of the
money arising therefrom to this Court as is sufficient to satisfy this
warrant, and the surplus, if any, to the defendant, and if no such
distress can be found to certify the same to this Court.
Dated this day of 19
, District Magistrate, O
Amount adjudged ....ss ates apes
Paid (Mae eR RS OG) oe awe tooces corees
; Remaining due...... see separ
Costs of issuing this Warrant tae “wage
Total amount to be levied _...... iiss :
LEEWARD ISLANDS.
DISTRICT
In the Magistrate’s Court -
PRO eh remem se eer eer mei eg eee torr eerans te ereeeee
Versus
= WARRANT OF. DISTRESS
ret
Amount due
Costs of this Warrant ... Bee
Total
115
Form 73. INDORSEMENT ON Process (SEE sEcTIon 115).
LEEWARD ISLANDS, :
DIstRICT
Proof on oath (or affirmation) having this day been made
before me that the name of to the within distress
warrant subscribed is of the handwriting of the District Magistrate
within mentioned, I authorize , who brings to
_ me this warrant, and all other persons by whom it may be lawfully
executed, and also all Pence Officers of the Leeward Islands, to execute
the same within this Presidency.
Dated this day of 19
(Signed)
District Magistrate.
Form 74. Warrant or DISTRESS FOR SUM DUE .
UNDER RECOGNIZANCE.
LEEWARD ISLANDS,
DIstRIcT
IN THE MAGISTRATE’S COURT.
To each and all of the Peace Officers of the Leeward Islands.
was by his recognizance entered into the day of
: 19 , bound in the sum of $ . And
the condition of the said recognizance having been broken, it was on
| the ~ day of se , adjudged
~ by this Court that the said recognizance be forfeited, and that he do
pay the said sum of $ , and also do pay the further sum of
) for costs (by instalments. of $ , for every
| days, the first instalment to be paid) forthwith (or on the day of
510):
=
116
And default having been made in payment, you are hereby
commanded to forthwith make distress of the goods of the said
(except the wearing apparel and bedding of him
and his family, and, to the value of twenty four dollars, the tools and
‘implements of his trade); and if within the space of five clear days next
after the making of such distress, unless he consents in writing to an
earlier sale, the sum stated atthe foot of this warrant, together with the
reasonable costs and charges of the making and keeping. of the said dis-
tress, be not paid, then to sell the said goods, and, after deducting the
expenses of the sale, pay so much of the money arising therefrom to this
Court as is sufficient to satisfy this warrant, and the surplus, if any, to
the said , and if no such distress can be found to certify
the same to this Court.
Dated this day of , 19
(Signed)
District Magistrate.
(Seal)
$ G
Amount due under recognizance
Paid
Remaining due
Costs of issuing this warrant
Total amount to he levied
Form 75. Return or Insurricrent Distress. To BE
INDORSED ON WARRANXT.
i , hereby certify that by virtue of the
within-written warrant I have made diligent search for the goods of
the within-named , and that I can find no sufficient
goods of him whereon the sums within mentioned can be levied.
Dated this day of 19
7 (Signed)
117
Form 775A. WarRRANT TO ComMMIT IN DerauLT oF DISTRESS.
LEEWARD ISLANDS,
District ( )
IN THE MAGISTRATE’S COURT.
{
To each and all the Peace Officers of the Leeward Islands, and to the
Superintendent/Keeper of Her Majesty’s Prison, in the
Presidency of
hereinafter
called the defendant having been ordered on the day of
19 , to pay the sum of $
and the further sum of $ for costs under section
of Cap of the Federal Acts of the Leeward Islauds (R.E.).
And default having been made in payment, the constables aforesaid
were authorized by Warrant, dated the day of 19
to levy the sum of $ by distress:
And it now appearing that no sufficient distress whereon to levy
the said sum could be found. You -the said constables, are hereby
commanded to convey the defendant to the said prison and there deliver
h to the Superintendent/Keeper thereof, together with this warrant,
dnd you the Superintendent/Keeper of. the said Prison, to receive the
defendant into your custody, and keep h for the space of
unless the said sum, and all the costs and charges of the said distress,
amounting to the further sum of _ and all the costs and
charges of h commitment and of h conveyance to the said
prison be sooner paid.
Dated the day of 19
District Magistrate,
District
coe
eau iG fUG@EG NES Pm oe ee sasiews| |
ate age Re Se ena ed) 28 ae ah eee we]
Costs of Distress Warrant one: iL ear ee
Costs of Warrant of commitment ...... TP ease
Total aed BB NAc tee ge oc ene Es |
118
LEEWARD ISLANDS.
PRESIDENCY OF
- DISTRICT
In the Magistrate’s Court
WARRANT TO COMMIT IN
DEFAULT OF DISTRESS.
Fine
Compensation
Costs
Distress Warrant...
Costs of Commitment
Total
$
z 119
For::. 76. Account OF CHARGES INCURRED ON A
WARRANT OF DISTRESS.
In the matter of an information (or complaint) by
against ’
I
of , the Peace Officer |
charged with the execution of theswarrant of distress upon the goods
of ’
dated the day of 19 ;
hereby declare that the following is a true account of the costs and
charges incurred in respect of the execution of the said warrant.
Dated this day of 19
(Signed)
| ——|——-
Total |
120
Form 77. ‘Ruepievin Bonp.
Know all men by these presents that we,
of : ;
of ae ;
and ‘
of , are held and
firmly bound unto * , in the sum of $ to
be paid to the said , his executors, administrators,
or assigus,-for which payment to be made we bind ourselves and each of
us, and the heirs, executors, and administrators of us and each of us
respectively jointly and severally by these presents.
Sealed with our seals and dated this day of 19
Whereas the abovementioned and :
at the request of the said have agreed to enter
into the above-written obligation, and this security has been approved
by the Magistrate for (or the clerk to the Magistrate for) District
-Now the condition of this obligation is that if the above bounden
within :
days from the date of this obligation commences an action of replevin
against the said :
in the Jourt to be holden at ca
for taking and detaining certain goods and chattels of the said
to wit , and
prosecutes such action without delay, and also makes return of the said
goods and chattels if return thereof is awarded by the said Court, then
this obligation shall be void and of no effect, but otherwise shall remain
in full force.
Signed, sealed, and delivered by ;
in the presence of ‘ (Seal)
Signed, sealed and delivered by '
in the presence of ey (Seal)
Signed, sealed and delivered by ts
In the presence of ‘ (Seal)
121
Form 78. Warrant 10 Rupievy.
LEEWARD ISLANDS,
District |
IN THE MAGISTRATE’S COURT.
â„¢o the Peace Officers of the Leeward Islands.
Whereas of has given security as
well to commence his action of replevin against for
the taking and detaining of certain goods and chattels of the said
, that is to say :
and prosecute such action with effect and without delay, as also to return
the said goods and chattels if return thereof shall be adjudged by the law;
Now I hereby authorize and direct you without delay to replevy
and deliver the said goods and chattels to the said , and
forthwith. return to me this warrant, and what you shall have done
thereunder.
Dated this day of 5 k0 ;
(Signed)
District Magistrate.
(Seal)
122
Form 79. ComMITMENT on Rumanp. |
LEEWARD ISLANDS.
District “ A.†)
IN THE MAGISTRATE’S COURT.
To each and all of the Pence Oflicers of the Leeward Islands, and
to the Superintendent/Keeper of Her Majesty’s Prison at
in the Presidency of
, hereinafter called. the defendant,
being brought before this Court at charged with having
committed an offence under section of
No ; of of
The hearing of the case being adjourned;
YOU, the said Peace Officers, are therefore hereby commanded to
convey the Defendant to the said Prison, and there to deliver him to
‘the Superintendent/ Keeper thereof, together with this Warrant, and you .
the Superintendent/Keeper of the said Prison, to receive him into your
custody, and keep him until the ' day of Ris ece
and on that day to convey him before this Court, sitting at :
, at the hour of
in the noon, to be dealt with according tu Law.
Given under my hand this day of 19
O
District Magistrate.
193
LEEWARD ISLANDS. INDORSEMENT WHERE BAIL IS ALLOWED
I hereby certify that I consent to the
DisTRIcT defendant being bailed himself in
( ) dollars and sureties in
In The Magistrate’s Court. dollars each.
ies
: District Magistrate. =
COMMITMENT ON REMAND gE
va
OF
Dated, |. day
of 19
124
Form 80. OrpER to Brine Up a Prisoner.
LEEWARD ISLANDS, 3
District.
IN THE MAGISTRATE’S COURT.
To the Superintendent/Keeper of Her Majesty’s prison at
You are hereby ordered to bring , now in ~
your custody, before this Court, sitting at
on . day the day of , 19 ;
at the hour of in the noon,
This day of , 19
(Sigued)
District Magistrate.
(Seal)
Form 81. ORDER FOR RESTITUTION.
LEEWARD ISLANDS.
District
IN THE MAGISTRATE’S COURT.
= Whereas of os has been
charged with having committed an indictable offence, and has been
summarily convicted by me of an offence under section of Act
(or Ordinance) No. - of :
And whereas certain property to wit , being the
subject-matter of the offence committed by the said , 1s
now in the custody of — , a Peace Officer of the Leeward
Islands, and is the property of ;
Now I hereby order that the said property be restored to the
said _ c
Given under my hand this day of 19.
(Signed)
District Magistrate.
(Seal) :
Form 82. : REGISTER.
LEEWARD ISLANDS,
DISTRICT :
In the Magistrate’s Court.
Register of the Magistrate’s Court for District , sitting
at
The day of sae :
ss es i en poo
Name of Informant | Name of Defendant | Nature of offence _ Date Minute of Time allowed for
Number or Complainant. | Age, if known, or of matter of of Plea, adjudication. | Payment and
3 | complaint. offence, Instalments.
a qa) (2) (3) (4) (6) (6) >) (8)
rm eo mn aecalee wigs fae ee coat papa Sue, eeaera eee s :
|
| '
_ Magistrate.
District :
126
Form 83.
LEEWARD ISLANDS,
JUVENILE Court’s REGISTER.
District °
This day of 19 .
Me ) Name and age of de- aCe a i as eemehesaec sy i a Bacto oT ay
Number; Name of Informant fendant. Elec- Nature and date of | Fees and time| How brought Minute of Magistrate
and date! or Complainant. tion to be tried offence or of mat- | allowed for before the adjudica- adjudica-
of entry. summarily (see ter of complaint. payment of _ Court, _ tion. ting. *
rule 4 (2)). instalments. Plea.
[eg'T$ 2034] ‘96° —009—sz000/8F
: “9961
‘£yoqyny Ag—sequLig pusurm1eaA0y ‘NvIHOVIg ‘Wd 4q °
‘spUt[S] pABVMOST ‘2dIYO SuLpULIg JUSUIUIEAOY) OY} JU popu
“VYOOLINV
Signature of Magistrate.
Reasons for'remission,
Amount of-fees.
Remitrep FEE Book.
en
Nature of business,
Form 84.
Date
LEEWARD ISLANDS.
GENERAL GOVERNMENT.
STATUTORY RULES AND ORDERS.
1956, No. 8.
The Magistrate’s Code of Procedure (Crown Proceedings) Rules,
1956, dated December 10, 1955, made by the Governor in
Council under section 259 of the Magistrate’s Code of Proce-
dure Act (Cap. 61) and pursuant to the powers contained in
section 29 of the Crown Proceedings Ordinance of each
Presidency.
1. SHort Trttr. These Rules may be cited asthe Magistrate’s
Code of Procedure (Crown Proceedings) Rules, 1956, and shall be read
as one with the Magistrate’s Code of Procedure Rules, 1956 (3.R. & O.
1956 No. 7) hereinafter called the Principal Rules.
2. InverPReTATION. In these Rules—
“the Act’ means the Magistrate’s Code of Procedure Act (Cap. 61);
‘“‘Court’’ means a Magistrate’s Court established under the Act;
“the Ordinance†in relation to a Presidency means the Crown
Proceedings Ordinance as enacted by the Legislative Council of
that Presidency ;
‘6 Schedule’? means Schedule to these Rules.
3. PrincipaL RUues To appty To Crvit Procerpines. (1) Save
as provided by these Rules the Principal Rules shall so far as may be -
apply to all civil proceedings by or against the Crown instituted in a
Court on or after the date of commencement of the Ordinance in a
Presidency.
(2) Such civil proceedings as aforesaid, shall so far as may be take
the same form as civil proceedings between subjects.
4, Venu. For the purposes of section 153 of the Act the Crown
shall be deemed to reside within each Magisterial District of every Court.
5. ENDORSEMENT OF CLAIM ON Summons. The endorsement on
the back of a summons in proceedings against the Crown shall contain
information as to the circumstances in which it is alleged that the liability
of the Crown has arisen and as to the Government departments and officers
of the Crown concerned, In such proceedings if the Court considers
that the endorsement on the summons docs not contain the required
information as aforesaid, the Court shall order the plaintiff to supply the
said information and shall amend the endorsement accordingly.
6. Set-orr or Counrercuaim. (1) In_ proceedings for the
recovery of taxes, duties or penalties a defendant shall not be entitled to
avail himself of any set-off or counterclaim, or in proceedings of any
other nature, to avail himself of any set-off or counterclaim arising out of
a right or claim to repayment in respect of any taxes, duties or penalties.
(2) A defendant shall not be entitled without the leave of the Court
to be obtained on application of which not less than seven clear days’
notice has been given to the Crown, to avail himself of any set-off or
counterclaim if either the subject matter of the set-off or counterclaim
does not relate to a Government department connected with the proceed-
ings or. the proceedings are brought in the name of the Crown Attorney,
or, in the case of the Presidency of the Virgin Islandz, in the name of
the Attorney General.
(3) Where civil proceedings are brought against the Crown the
Crown shall not be entitled without the leave of the Court (to be obtained
on an application of which not less than seven clear days’ notice has been
given to the plaintiff) to avail itself of any set-off or counterclaim:—
(a) where the Crown is sued and its alleged liability has arisen
through the acts of a Government department if the subject matter
thereof does not relate to that department; or
(6) where the Crown is sued in the name of the Crown
Attorney, or in the case of the Presidency of the Virgin Islands, in
‘the name of the Attorney General.
7. Execution. (1) In this Rule the following expressions have
the following meanings—
“Order against the Crown†means any order (including an order
for costs) made in any civil proceedings by or against the
Crown or in connection with any arbitration to which the
Crown isa party, in favour of any person against the Crown or
against an officer of the Crown as such;
* Order†includes « judgment, decree, rule, award or declaration.
(2) No order—
(a) for exécutior or for the issue of a writ of sale under
execution, or ;
3
(6) for attachment of any debt or any money due or accruing
or alleged to be due or accruing from the Crown, or
(c) for the issue of a writ of possession or writ of delivery, or
judgment summons, or
(a) in relation to garnishee proceedings, or
(e) for the enforcement of a judgment, shall apply i in respect
of any order against the Crown.
(3) (a) In any case where it is alleged that an order under sub-
paragraph (6) of paragraph (2) of this rule could have been obtained and
would have had ae in respect of such debt or money if it had been
due or accruing from a subject, the Court may on the application of the
‘judgment creditor make an order restraining the jadgment debtor from
receiving such debt or money and directing payment.by the Crown to
the judgment creditor:
Proyided that no such order shall be made in respect of wages or
salary payable to any officer of the Crown as such, or money which is
subject to the provisions of any enactment prohibiting or restricting
assigning or charging or taking in execution, or money payable by the
Crown to any person on account of a deposit in a Government Savings
Bank. se
(b) Where the judgment creditor seeks. to make any such
application «as «aforesaid he shall file in the Court an affidavit by
himself or his solicitor in the Form A in the Schedule containing
the information required thereby, and, if the application is made in
a court other than the court in which the judgment or order was given
or made, file in the Court to which the application is being made a
certificate of the judgment or order, and thereupon the clerk of the
Court shall enter the proceedings in the books of the Court, fix a
day for the hearing, prepare und issue a notice in the Form Bin
the Schedule, and make all necessary copies thereof.
(c) The notice shall be servel upon the Crown not less than
fourteen clear days before the day fixed for the hearing, and where
it has been so served the clerk of the Court shail serve a copy thereof
on the judgment debtor not less than seven clear days before the
day so fixed.
(4) If the Crown disputes liability, the Court may determine the
question of the liability of the Crown, and where it is suggested that
the debt or money with reference to which the proceedings are taken
‘belongs to some third person, or that any third person has a claim upon
it, phe eCeart may order the third person to appear and state the
nature and particulars of his claim upon the debt or money, and,
4
after hearing the third person if he appears, the Court may bar the
claim of the third person or may order an issue to be tried between
the third person and the judgment creditor or make such other order
- (including an order as to costs) as may be just.
8. Jupement in Deraurt or AppEARANCE BY Crown. In
civil proceedings against the Crown (including proceedings by way
of interpleader summons under section 170 of the Act) no judgment
shall be entered in default of appearance without the leave of the Court.
~ 9, APPLICATION UNDER SECTION 7 (3) OF THE ORDINANCE. An
application by a person under subsection (3) of section 7 of the
Ordinance for leave to bring proceedings in the name of the sender
or addressee of a postal packet or his personal representatives shall be
in the Form C in the Schedule, and the respondents to the application
shall be the Crown and the person in whose name the applicant seeks
to bring proceedings.
10, TRANSFER OF PROCEEDINGS FROM THE. CoURT TO THE SUPREME
Court. Where «a Court has been informed that proceedings
instituted in that Court are to be transferred to the Supreme Court,
the Court shall request the Registrar of the Supreme Court to furnish
an office copy of the Crown Attorney’s (or, in the case of the
Presidency of the Virgin Islands, the Attorney General’s) certificate
and shall thereupon, cause the said certificate to be annexed to all
documents filed in the said Court and to be transmitted to the Registrar.
11. Commencement. These Rules shall come into operation on
the 30th day of June, 1956.
Made by the Governor in Council this 10th day of December, 1955. -
Heten H. Bewtor, .- .
Acting Clerk of the Council.
Approved by the General Legislative Council this 27th day of
January, 1956.
A. E. Prxy,
Clerk of the Council.
5
SCHEDULE. a
FORM A. RULE 7 (3)(5)
Crown Proceedings Ordinance.
AFFIDAVIT IN Suvvort oF APPLICATION DIRECTING PAYMENT BY
Crown To JupGMENT CREDITOR oF MONEY, DUE BY CROWN TO
JUDGMENT DEBTOR.
In the Magistrate’s Court (District )
Between Judgment Creditor
And Judgment Debtor
And [the Crown Aitorney (the
Attorney (General in the
case of the Presidency of
the Virgin Islands) or
the officer of the Crown
concerned]
I 2 of
in the Presidency of [or I, ~
of in the Presidency of
soligitor for] the abovenamed judgment creditor,
make oath and say as follows:—
1. That I [or - Jrecovered judgment [or obtained
an order] in thé Magistrate’s Court against the above-
named judgment debtor for payment of the sum of dollars
for debt [or damages] and costs.
2. That the said judgment [or order] is still wholly unsatisfied [or is still
unsatisfied as to the sum of dollars}.
3. That the Crown is indebted to the judgment debtor in the sum of
dollars [add if so for payment of which sum’ the
judgment debtor recovered judgment [or ebtained an order] in the
Magistrate’s Court against the Crown Attorney (the Attorney General
in the case of the Presidency of the Virgin Islands) [or other officer of the
Crown as the case may be] on the day of 19 and by
the said judgment [or order] it was ordered that the Crown Attorney (or the
Attorney General in the case of the Presidency of the Virgin Islands) [or other
v
\
6
officer of the Crown as the case may be] should pay the sum of
dollars to the clerk of the said Court on the day of 19
and the sum of dollars remains due and unpaid: under
the said judgment [or order] ].
FORM B. RULE 7 (3)(b)
Crown Proceedings Ordinance.
Notice or AppLicaTION FOR ORDER DIRECTING PAYMENT BY THE
Crown to JupGMENT Crepitor or Monry pur sy Crown To
JupGMENT Depron.
In the Magistrate’s Court (District y
Between ee Judgment. Creditor
' And Judgment Debtor
And [the Crown Attorney, (the
Attorney General in the
case of the Presidency of
the Virgin Islands) or
the offieer of the Crown
concerned).
Take Notice that the judgment creditor will apply to the Court to be holden
at on the day of : 19°. at“the
hour of in the noon for an order
restraining the judgment debtor from receiving the amount of the debt due,
or accruing from the Crown to the judgment debtor or so much thereof as will
satisfy the debt due under the judgment for ; dollars for debt (or damages)
and costs given (or made) in the Magistrate’s Court on the
day of 19 in an action in which the judgment creditor was plaintiff
and the judgment debtor was, defendant and directing payment thereof by the
Crown Attorney (or the Attorney General in the case of the Presidency of the
Virgin Islands) [or other officer of the Crown] to the judgment creditor.
7
FORM OC. RULE 9.
Crown Proceedings Ordinance.
APPLICATION UNDER SECTION 7 (3) OF THE CRrowN PRrocERDINGS
ORDINANCE.
Tn the Magistrate’s Court (District )
In the matter of an intended action between A.B.
and the Crown Attorney, (or in the case of the Presidency of the Virgin Islands,
the Attorney General)
and
In the inatter of the Crown Proceedings Ordinance, 19
Between C.D. Applicant
and
The Crown Attorney (or in the case ot the Presidency of the Virgin Islands, the
Attorney General) and A.B.
Respondents.
Bd, OD: of , apply to the Court for an order that I may
be allowed, upon such terms as the Court thinks just, to bring an action
against the first respondent in the name of the second respondent, for loss of
and/or damage to a postal packet.
2. The grounds upon which I claim to be entitled to the Order are:—
(a) { am a person damnified by the loss of and/or damage to a registered
inland postal packet, whereof A.B. was sender and Y.Z. addressee, caused, on
or about (date) by the neglect or default of a servant
of the Crown for which the Crown is liable under section 7 (2) of the Crown
Proceedings Ordinance.
(b) Neither the said A.B. nor the said Y.Z. is willing to enforce their
remedies in respect of the said packet.
3, The names and addresses of the persons upon whom it is intended to
serve this application are:—
= [The Crown Attorney]
(or in the case of the Presidency of the Virgin Islands the
Attorney General)
[A.B.]
4, My address for service:—
Dated this day of 19
(Signed)
OLD. Applicant.
ANTIGUA *
Printed at the Government Printing Office, Leeward Islands,
by E. M. Buackman, Government Printer.—By Authority.
1956,
43/00025—500—2.56, [Price 10 cents]